Sec. 7. Fundamental research

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In this section: The term covered individual means the principal investigator, co-principal investigators, and any other person at the institution who is responsible for the design, conduct, or reporting of research or educational activities funded or proposed for funding by the Foundation. The term foreign country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country deemed to be a country of concern as determined by the Department of State.

The term malign foreign government talent recruitment program means any program or activity that includes compensation, including cash, research funding, honorific titles, promised future compensation, or other types of remuneration, provided by the foreign state or an entity sponsored by the foreign state to the targeted individual in exchange for the individual transferring knowledge and expertise to the foreign country. Not later than 45 days after the date of enactment of this Act, 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 526 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010 ( 42 U.S.C. 1862p–14 ).

The Director shall award grants 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— training and workshops for program officers, merit review panelists, grant 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; repositories and clearinghouses for sharing best practices and facilitating collaboration; and tools for evaluating and documenting societal impacts of research.

It is the sense of Congress that the Director should continue to identify opportunities to reduce the administrative burden on researchers. The Director shall maintain a Research Security and Policy office within the Office of the Director with no fewer than 4 full-time equivalent positions, in addition to the Chief of Research Security established in paragraph

(2)of this subsection. The functions of the Research Security and Policy office shall be to coordinate all research security policy issues across the Foundation, including by— consulting and coordinating with the Foundation Office of Inspector General and with other Federal research agencies and intelligence and law enforcement agencies, as appropriate, through the National Science and Technology Council 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; serving as the Foundation’s primary resource for all issues related to the security and integrity of the conduct of Foundation-supported research; conducting outreach and education activities for awardees on research policies and potential security risks; educating Foundation program managers and other directorate staff on evaluating Foundation awards and awardees for potential security risks; and communicating reporting and disclosure requirements to awardees and applicants for funding. The Director shall appoint a senior agency official within the Office of the Director as a Chief of Research Security, whose primary responsibility is to manage the office established under paragraph (1). No later than 180 days after the date of enactment of this Act, the Director shall provide a report to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate on the resources and the number of full time employees needed to carry out the functions of the Office established in paragraph (1). 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— an explanation of Foundation research security policies; unclassified guidance on potential security risks that threaten scientific integrity and other risks to the research enterprise; examples of beneficial international collaborations and how such collaborations differ from foreign government interference efforts that threaten research integrity; promising practices for mitigating security risks that threaten research integrity; and additional reference materials, including tools that assist organizations seeking Foundation funding and awardees in information disclosure to the Foundation. The Director shall enter into an agreement with a qualified independent organization to create a new risk assessment center to— help the Foundation develop the online resources under paragraph (4); and help awardees in assessing and identifying issues related to nondisclosure of current and pending research funding, risks to the Foundation merit review process, and other issues that may negatively affect the Foundation proposal and award process due to undue foreign interference. The Director shall continue to award grants, 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. 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, in coordination with the Risk Assessment Center established in paragraph (5); request the submission to the Foundation, by an institution of higher education or other organization applying for a research and development award, of supporting documentation, including copies of contracts, grants, or any other agreement specific to foreign appointments, employment with a foreign institution, participation in a foreign talent program and other information reported as current and pending support for all covered individuals in a research and development award application; and upon receipt and review of the information provided under clause

(ii)and in consultation with the institution of higher education or other organization submitting such information, initiate the substitution or removal of a covered individual from a research and development award, reduce the award funding amount, or suspend or terminate the award if the Director determines such contracts, grants, or agreements include obligations that— interfere with the capacity for Foundation-supported activities to be carried out; or create duplication with Foundation-supported activities. In exercising the authorities under this paragraph, the Director shall— take necessary steps, as practicable, to protect the privacy of all covered individuals and other parties involved in the application and disclosure assessments under clause (A)(i); endeavor to provide justification for requests for supporting documentation made under clause (A)(ii); require that allegations be proven by a preponderance of evidence; and as practicable, afford subjects an opportunity to provide comments and rebuttal and an opportunity to appeal before final administrative action is taken. Not later than 12 months after the date of enactment of this Act, the Director shall establish a requirement that, as part of an application for a research and development award from the agency— each covered individual listed on the application for a research and development award certify that they are not an active participant of a malign foreign talent recruitment program from a foreign country of concern and will not be a participant in such a program for the duration of the award; and each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by the institution of higher education or other organization has been made aware of the requirement under this subsection. Each policy developed under subparagraph

(A)shall not prohibit— making scholarly presentations regarding scientific information not otherwise controlled under current law; participation in international conferences or other international exchanges, partnerships or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding; and other international activities deemed appropriate by the Director. The policy developed under subparagraph

(A)shall not apply retroactively to research and development awards made prior to the establishment of the policy by the Director. Not later than 90 days after the date of enactment of this Act, the Director, in collaboration with the Director of the National Institutes of Health and other relevant Federal research agencies, shall enter into an agreement or contract with a qualified entity for the development of online research security training modules for the research community, including modules focused on international collaboration and international travel, foreign interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict of interest. Prior to entering into the agreement under clause (A), the Director shall seek input from academic, private sector, intelligence, and law enforcement stakeholders regarding the scope and content of training modules, including the diversity of needs across institutions of higher education and other grantees of different sizes and types, and recommendations for minimizing administrative burden on institutions of higher education and researchers. The Director shall ensure that the entity identified in (A)— develops modules that can be adapted and utilized across Federal research agencies; and develops and implements a plan for regularly updating the modules as needed. The Director, in collaboration with the Director of the National Institutes of Health, shall develop guidelines for institutions of higher education and other organizations receiving Federal research and development funds to use in developing their own training programs to address the unique needs, challenges, and risk profiles of such institutions, including adoption of training modules developed under this paragraph. Drawing on stakeholder input under subparagraph (B), not later than 12 months after the date of enactment of this Act, the Director shall establish a requirement that, as part of an application for a research and development award from the Foundation— each covered individual listed on the application for a research and development award certify that they have completed research security training that meets the guidelines developed under clause

(D)within one year of the application; and each institution of higher education or other organization applying for such award certify that each covered individual who is employed by the institution or organization and listed on the application has been made aware of the requirement under this subparagraph. Section 7009 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act ( 42 U.S.C. 1862o–1 ) is amended by— striking and postdoctoral researchers and inserting postdoctoral researchers, faculty, and other senior personnel ; and by inserting before the period at the end the following , including mentor training . Not later than 180 days after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to update the report entitled On Being a Scientist: A Guide to Responsible Conduct in Research issued by the Academies. The report, as so updated, shall include— updated professional standards of conduct in research; promising practices for preventing, addressing, and mitigating the negative impact of harassment, including sexual harassment and gender harassment as defined in the 2018 Academies report entitled Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine ; and promising practices for mitigating potential security risks that threaten research integrity. Not later than 18 months after the effective date of the agreement under subparagraph (A), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subparagraph, as updated pursuant to such subparagraph. It is the sense of Congress that— 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; 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; the Foundation’s agreement with the 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 the Foundation should continue to work with stakeholders to understand and adopt policies that promote best practices for governance of research in emerging technologies at every stage of research. Drawing on stakeholder input, not later than 18 months after the date of enactment of this Act, the Director shall amend award proposal instructions to include a requirement for an ethics statement to be included as part of any proposal for funding prior to making the award. Such statement shall be considered by the Director in the review of proposals, taking into consideration any relevant input from the peer-reviewers for the proposal, and shall factor into award decisions as deemed necessary by the Director. Such statements may include, as appropriate— any 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; how technical or social solutions can mitigate such risks and, as appropriate, a plan to implement such mitigation measures; and how partnerships and collaborations in the research can help mitigate potential harm and amplify potential societal benefits. The Director shall solicit stakeholder input to develop clear guidance on what constitutes a foreseeable or quantifiable risk as described in paragraph (2)(A), and to the extent practicable harmonize this policy with existing ethical policies or related requirements for human subjects. The Director shall award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support— 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 paragraph (2)(A); and the development and verification of approaches to proactively mitigate foreseeable risks to society, including the technical and social solutions identified pursuant to paragraph (2)(B). The Director shall encourage awardees to update their ethics statements as appropriate as part of the annual reports required by all awardees under the award terms and conditions. Consistent with existing Federal law for privacy, intellectual property, and security, the Director shall facilitate the public access to research products, including data, software, and code, developed as part of Foundation-supported projects. The 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. In carrying out the requirement in subparagraph (A), the Director shall— provide necessary resources, including trainings and workshops, to educate researchers and students on how to develop and review high quality data management plans; ensure program officers and merit review panels are equipped with the resources and training necessary to review the quality of data management plans; and ensure program officers and merit review panels treat data management plans as essential elements of grant proposals, where appropriate. The Director shall— coordinate with the heads of other Federal research agencies, and solicit input from the scientific community, to develop and widely disseminate a set of criteria for trusted open repositories, accounting for discipline-specific needs and necessary protections for sensitive information, to be used by federally funded researchers for the sharing of data, software, and code; work with stakeholders to identify significant gaps in available repositories meeting the criteria developed under subparagraph

(A)and options for supporting the development of additional or enhanced repositories; award grants 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 subparagraph (A); 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; 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 subparagraph

(A)at the time of publication; incentivize the deposition of data, software, and code into repositories that meet the criteria developed under subparagraph (A); and coordinate with the scientific publishing community to develop uniform consensus standards around data archiving and sharing. The Director shall award grants, on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to— support research and development of open source, sustainable, usable tools and infrastructure that support reproducibility for a broad range of studies across different disciplines; 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 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. The Director shall award grants, 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. Activities funded by a grant under this subsection may include— fundamental research on climate forcings, feedbacks, responses, and thresholds in the earth system, including impacts on and contributions from local and regional systems; research on climate-related human behaviors and institutions; research on climate-related risk, vulnerability, resilience, and adaptive capacity of coupled human-environment systems, including risks to ecosystem stability and risks to vulnerable populations; research to support the development and implementation of effective strategies and tools for mitigating and adapting to climate change, including social strategies and research focused on local level forecasting, impacts, and challenges; research on the design, development, and assessment of effective information and decision-support systems, including understanding and developing effective dissemination pathways; improved modeling, projections, analyses, and assessments of climate and other Earth system changes; research to understand the atmospheric processes related to solar radiation management strategies and technologies and examine related economic, geopolitical, societal, environmental, and ethical implications, not including research designed to advance future deployment of these strategies and technologies; the development of effective strategies for educating and training future climate change researchers, and climate change response and mitigation professionals, in both research and development methods, as well as community engagement and science communication; the development of effective strategies for public and community engagement in the all stages of the research and development process; and partnerships with other agencies to address climate related challenges for specific agency missions. The Director shall award grants, 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 nature, scope, causes, consequences, prevention, and response to all forms of violence. Activities funded by a grant under this subsection may include— research on the magnitude and distribution of fatal and nonfatal violence; research on risk and protective factors; research on the design, development, implementation, and evaluation of interventions for preventing and responding to violence; research on scaling up effective interventions; and one or more interdisciplinary research centers to conduct violence research, foster new and expanded collaborations, and support capacity building activities to increase the number and diversity of new researchers trained in cross-disciplinary violence research. The Director shall— 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 ensure social, behavioral, and economic science researchers are represented on relevant merit review panels for such activities. The Director shall award grants 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. The Director shall award grants on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to— support research to significantly advance our understanding of the food-energy-water system through quantitative and computational modeling, including support for relevant cyberinfrastructure; develop real-time, cyber-enabled interfaces that improve understanding of the behavior of food-energy-water systems and increase decision support capability; support research that will lead to innovative solutions to critical food-energy-water system problems; and grow the scientific workforce capable of studying and managing the food-energy-water system, through education and other professional development. The Director shall continue to support enhancing, repairing and maintaining research instrumentation, laboratories, telecommunications and housing at biological field stations and marine laboratories. In accordance with section 263 of the National Defense Authorization Act for Fiscal Year 2021, the Director shall carry out activities in support of sustainable chemistry, including— establishing a program to award grants, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support— individual investigators and teams of investigators, including to the extent practicable, early career investigators for research and development; collaborative research and development partnerships among universities, industry, and non-profit organizations; and 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 incorporating sustainable chemistry into existing Foundation research and development programs. The Director shall award grants 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— improvements in our ability to understand, model, and predict extreme events and natural hazards, including pandemics; 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; development of equipment and instrumentation for innovation in resilient engineered infrastructures; 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 advancements in multidisciplinary wildfire science, including those related to air quality impacts, human behavior, and early detection and warning. The Director shall carry out a program of research and related activities for unmanned aerial vehicle technologies, which may include a prize competition pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) and support for undergraduate and graduate curriculum development. 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 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. In consultation with other relevant Federal research agencies, the Director shall require that every proposal for funding for research that involves collecting or generating specimens include a specimen management plan that includes a description of how the specimens and associated data will be accessioned into and permanently maintained in an established biological collection. The Director shall award grants on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to establish an Action Center for Biological Collections to facilitate coordination and data sharing among communities of practice for research, education, workforce training, evaluation, and business model development. The Director shall award grants on a competitive, merit-reviewed basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to— 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; 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, tribal, and local governments, non-profit organizations and water management professionals; and grow the scientific workforce capable of studying and managing water and wastewater systems, through education, training, and other professional development. The Director shall award grants on a merit-based, competitive basis for research to— increase understanding of social media and consumer technology access and use patterns and related psychological and behavioral issues, particularly for adolescents; and explore the role of social media and consumer technology in rising rates of depressive symptoms, suicidal ideation, drug use, and deaths of despair, particularly for communities experiencing long-term economic distress. Section 506(a) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–1(a) ) is amended— in paragraph (5), by striking and at the end; in paragraph (6)— by striking and before virtual manufacturing ; and by striking the period at the end and inserting ; and artificial intelligence and machine learning; ; and by adding at the end the following: additive manufacturing, including new material designs, complex materials, rapid printing techniques, and real-time process controls; and continuous manufacturing of biological products and similar innovative monitoring and control techniques. . The Director shall award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortium 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. Activities funded by a grant under this subsection may include— advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction, production, separation, alloying, or processing techniques and technologies that can decrease energy intensity, potential environmental impact and costs of those activities; conducting long-term Earth observation of reclaimed mine sites, including the study of the evolution of microbial diversity at such sites; examining the application of artificial intelligence for geological exploration of critical minerals, including what the size and diversity of data sets would be required; examining the application of machine learning for detection and sorting of critical minerals, including what the size and diversity of data sets would be required; conducting detailed isotope studies of critical minerals and the development of more refined geologic models; improved understanding of the geological and geochemical processes through which critical minerals form and are concentrated into economically viable deposits; or providing training and researcher opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers. The Director shall ensure awards made under this subsection are complementary and not duplicative of existing programs across the foundation and Federal Government. The Director shall conduct a study, or support the development of a study through the Science and Technology Policy Institute or by any other appropriate organization as determined by the Director, on artificial intelligence research capacity at U.S. institutions of higher education. The Director shall ensure that, at a minimum, the study under subsection

(a)addresses the following topics: Which universities are putting out significant peer-reviewed artificial intelligence research, including based on quantity and number of citations. For each of the universities described in paragraph (1), what specific factors enable their AI research, including computing power, data sets and availability, specialized curriculum, and industry and other partnerships. How universities not included in paragraph

(1)could implement the factors in paragraph

(2)to produce AI research, as well as case studies that universities can look to as examples and potential pilot programs that the Federal Government could develop or support to help universities produce AI research. The Director may support workshops to help inform the study required under this subsection. The Director shall ensure that the study carried out under this subsection is made publicly available not later than 12 months after the date of enactment of this Act. In awarding grants under its sensor systems and networked systems programs, the Director shall include in consideration of portfolio balance research and development on sensor connectivity in environments of intermittent connectivity and intermittent computation— to improve the reliable use of advance sensing systems in rural and agricultural areas; and that considers— direct gateway access for locally stored data; attenuation of signal transmission; loss of signal transmission; and at-scale performance for wireless power. Section 3 of the Scientific and Advanced-Technology Act of 1992 ( 42 U.S.C. 1862i ) is amended in subsection (e)(3)— in subparagraph (C), by striking and after the semicolon; in subparagraph (D), by striking the period at the end and inserting ; and ; and by adding at the end the following: applications that incorporate distance learning tools and approaches. . Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall provide— a technology assessment of precision agriculture technologies, such as the existing use of— sensors, scanners, radio-frequency identification, and related technologies that can monitor soil properties, irrigation conditions, and plant physiology; sensors, scanners, radio-frequency identification, and related technologies that can monitor livestock activity and health; network connectivity and wireless communications that can securely support digital agriculture technologies in rural and remote areas; aerial imagery generated by satellites or unmanned aerial vehicles; ground-based robotics; control systems design and connectivity, such as smart irrigation control systems; Global Positioning System-based applications; and data management software and advanced analytics that can assist decision making and improve agricultural outcomes; and a review of Federal programs that provide support for precision agriculture research, development, adoption, education, or training, in existence on the date of enactment of this Act. The Director shall support research into and the design, development, and testing of mitigation measures to address the impact of satellite constellations on Foundation scientific programs by— awarding grants on a competitive basis to support investigations into the 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; supporting research on satellite impacts and benefits and mitigation strategies to be carried out at one or more Foundation supported Federally Funded Research and Development Centers or large facilities, as appropriate; and supporting workshops related to the impact of satellite constellations on scientific research and how those constellations could be used to improve scientific research.

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