Criteria on appropriateness of gift acceptance; principles for public-private partnerships

(a) Criteria for determining appropriateness of gift acceptance (1) In general Not later than 180 days after the date of enactment of this Act, the Director shall establish the criteria to be used in determining whether the acceptance of contributions of money, services, use of facilities, or personal property under this Act would reflect unfavorably upon the ability of the National Science Foundation, or any employee of the National Science Foundation, to carry out its responsibilities or official duties in a fair, objective, and transparent manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs. (2) Requirements (A) Verification (i) Defined term In this subparagraph, the term entity meeting the definition of foreign ownership, control, or influence means, with respect to a United States entity— (I) a foreign interest has the power to direct or decide matters affecting such entity's management or operations in a manner that could— (aa) result in unauthorized access to classified information; or (bb) adversely affect the performance of a contract or agreement requiring access to classified information; and (II) the foreign interest is— (aa) exercising such power directly or indirectly; (bb) exercising such power through ownership of such entity's securities, by contractual arrangements, or other similar means; (cc) exercising such power through its ability to control or influence the election or appointment of 1 or more members to the entity's governing board; or (dd) capable of exercising such power. (ii) In general The Director, working with relevant Federal agencies, shall require that any criteria established pursuant to paragraph (1) include a means to verify that no contribution has any ties to a foreign entity of concern, a foreign country of concern, or an entity meeting the definition of foreign ownership, control, or influence. (B) Prohibition The criteria established pursuant to paragraph (1) shall include a prohibition on the receipt of funding pursuant to the National Science Foundation’s gift authority from either a foreign country of concern or a foreign entity of concern. (3) Review of existing rules To the extent the criteria described in paragraph (1) have already been established, the Director shall— (A) conduct a review of the existing criteria; (B) update the criteria as necessary to satisfy the requirements under this subsection; and (C) include, in the report under paragraph (4), an explanation of the existing criteria and any changes made to the criteria resulting from the Director’s review. (4) Report The Director shall submit a report on the criteria established under this subsection to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce and the Committee on Science, Space, and Technology of the House of Representatives. (b) Principles for public-Private partnerships (1) In General The Director shall establish principles to guide the National Science Foundation's formation of public-private partnerships under this Act to help ensure that such partnerships are aligned with the National Science Foundation's statutory obligations and do not reflect unfavorably upon the ability of the National Science Foundation or any employee of the National Science Foundation, to carry out its responsibilities or official duties in a fair, objective, and transparent manner, or compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs. (2) Review of existing principles To the extent the principles described in paragraph (1) have already been established, the Director shall— (A) conduct a review of the existing principles; (B) update the principles as necessary to satisfy the requirements under paragraph (1); and (C) include, in the report under paragraph (3), an explanation of the existing principles and any changes made to the principles resulting from the Director’s review. (3) Report The Director shall submit a report on the principles established under this subsection to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce and the Committee on Science, Space, and Technology of the House of Representatives.