; and (B) is one of the following: (i) An institution of higher education. (ii) A nonprofit institution (as such term is defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )). (iii) An Executive agency. (iv) A federally funded research and development center. (v) A small business concern (as such term is defined in section 3 of the Small Business Act ( 15 U.S.C. 632 ), notwithstanding section 121.103 of title 13, Code of Federal Regulations) that has received funding from an Executive agency, including through the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as described in section 9 of the Small Business Act ( 15 U.S.C. 638 )). (vi) A category of entity that the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy, after consultation with the NAIRR Steering Subcommittee and any relevant Advisory Committee, determine shall be eligible. (vii) A consortium composed of entities described in clauses (i) through (vi). (3) Excluded entities (A) In general No individual is authorized to be an eligible user under paragraph (1) if the individual is employed by a foreign country that is listed in section 4872(d)(2) of title 10, United States Code, or is otherwise authorized by such country to act for or on its behalf. (B) Enforcement The Director of the National Science Foundation shall ensure that individuals authorized as eligible users meet the requirements of subparagraph (A). (b) Privacy, ethics, civil rights and civil liberties, safety, and trustworthiness (1) In general (A) Requirements The head of the Program Management Office, acting through the Director of the Operating Entity and in consultation with any relevant Advisory Committee, shall establish requirements, a review process for applications, and a process for auditing resources of the NAIRR and research conducted using resources of the NAIRR on matters related to privacy, ethics, civil rights and civil