USC Subchapter V

USC Subchapter V
in effect

42 U.S.C. § 19151 Federal research agency policies for caregivers

(a) OSTP guidanceNot later than 12 months after August 9, 2022, the Director, in consultation with the heads of relevant agencies, shall provide guidance to each Federal research agency to establish policies that—(1) apply to all—(A) research awards granted by such agency; and (B) principal investigators of such research and their trainees, including postdoctoral researchers and graduate students, who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who has a disability or a serious health condition; and (2) provide, to the extent feasible—(A) flexibility in timing for the initiation of approved research awards granted by such agency; (B) no-cost extensions of such research awards; (C) award supplements, as appropriate, to research awards to sustain research activities conducted under such awards; and (D) any other appropriate accommodations at the discretion of the director of each such agency. (b) Uniformity of guidanceIn providing guidance under subsection (a), the Director shall encourage uniformity, to the extent practicable, and consistency in the policies established pursuant to such guidance across all Federal research agencies. (c) Establishment of policiesConsistent, to the extent practicable, with the guidance under subsection (a), Federal research agencies shall—(1) maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and (2) broadly disseminate in easily accessible formats such policies to current and potential award recipients. (d) Data on usageFederal research agencies shall consider—(1) collecting data, including demographic data that can be disaggregated by sex, geographic location, and socioeconomic indicators, which may include employment status, occupation, educational attainment, parental education, and income, on the usage of the policies under subsection (c), at both institutions of higher education and Federal laboratories; and (2) reporting such data on an annual basis to the Director in such form as required by the Director.

42 U.S.C. § 19152 Collection and reporting of data on Federal research awards

(a) Collection of data(1) In generalEach Federal research agency shall collect, as practicable, with respect to all applications for merit-reviewed research and development awards made by such agency, standardized record-level annual information on demographics, primary field, award type, institution type, review rating, budget request, funding outcome, and awarded budget. (2) Uniformity and standardizationThe Director, in consultation with the heads of each Federal research agency, shall establish, and update as necessary, a policy to ensure uniformity and standardization of the data collection required under paragraph (1). (3) Record-level data(A) RequirementBeginning not later than two years after the issuance of the policy under paragraph (2) to Federal research agencies, and on an annual basis thereafter, each Federal research agency shall submit to the National Center for Science and Engineering Statistics record-level data collected under paragraph (1) in the form required by the Director of the National Science Foundation. (B) Previous dataAs part of the first submission under subparagraph (A), each Federal research agency, to the extent practicable, shall also submit comparable record-level data, if it is available to the agency, for the five years preceding the date of such submission, or an analysis for why such data cannot be provided. (b) Reporting of dataThe Director of the National Science Foundation shall publish statistical summary data, as practicable, collected under this section, disaggregated and cross-tabulated by race, ethnicity, sex, socioeconomic indicators, which may include employment status, occupation, educational attainment, parental education, and income, geographic location, and years since completion of doctoral degree, including in conjunction with the National Science Foundation’s report required by section 1885d of this title.

42 U.S.C. § 19153 Policies for review of Federal research awards

(a) Assessment of policiesFederal research agencies shall regularly assess, and update as necessary, policies, and practices to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of groups historically underrepresented in STEM research careers, including policies and practices relevant to the unbiased review of Federal research applications. (b) Considerations and activitiesIn carrying out the requirements under subsection (a), Federal research agencies shall—(1) review current levels of participation of groups historically underrepresented in STEM in peer-review panels and consider approaches for expanding their participation; (2) analyze the data collected under section 19152 of this title, including funding rates of proposals from all groups, including those historically underrepresented in STEM; (3) collect and disseminate best practices to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of groups historically underrepresented in STEM research careers; and (4) implement evidence-based policies and practices to achieve the goals of this section.

42 U.S.C. § 19154 Collection of data on demographics of faculty

(a) Collection of data(1) In generalNot later than 5 years after August 9, 2022, and at least every five years thereafter, the Director of the National Science Foundation shall carry out a survey to collect data from award recipients on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education that receive Federal research funding. (2) Survey considerationsTo the extent practicable, the Director of the National Science Foundation shall survey, by sex, race, socioeconomic indicators, which may include employment status, occupation, educational attainment, parental education, and income, geographic location, ethnicity, citizenship status, and years since completion of doctoral degree—(A) the number and percentage of faculty; (B) the number and percentage of faculty at each rank; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research; (D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure; (E) faculty years in rank; (F) the number and percentage of faculty to leave tenure-track positions; (G) the number and percentage of faculty hired, by rank; and (H) the number and percentage of faculty in leadership positions. (b) Existing surveysThe Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)—(1) take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or (2) make an award to an institution of higher education or nonprofit organization (or consortia thereof) to take such considerations into account. (c) Reporting dataThe Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation’s report required by section 1885d of this title. (d) Authorization of appropriationsThere are authorized to be appropriated to the Director of the National Science Foundation $4,000,000 in each of fiscal years 2023 through 2025 to develop and carry out the initial survey required under subsection (a).

42 U.S.C. § 19155 Cultural and institutional barriers to expanding the academic and Federal STEM workforce

(a) Best practices(1) Development of guidanceNot later than 12 months after August 9, 2022, the Director, in consultation with the interagency working group on inclusion in STEM and utilizing existing guidance already developed by Federal research agencies where applicable, shall broadly disseminate to entities that receive Federal research funding best practices for—(A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying and addressing any cultural or institutional barriers to the recruitment, retention, or advancement of groups historically underrepresented in STEM studies and careers; and (B) providing educational opportunities, including workshops, for STEM professionals to learn about current research on effective practices for unbiased recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel. (2) Establishment of policiesConsistent with the guidance developed under paragraph (1)—(A) The Director of the National Science Foundation, in consultation with the heads of Federal research agencies, shall develop a policy that—(i) applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and (ii) requires each such institution, not later than 3 years after August 9, 2022, and to the extent practicable, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance disseminated under paragraph (1); and (B) each Federal research agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory and, not later than three years after August 9, 2022, each Federal laboratory shall report to the head of such agency on such practices and policies. (b) Report to CongressNot later than four years after August 9, 2022, the Director of the National Science Foundation shall submit a report to Congress that includes a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (2) of such subsection.

42 U.S.C. § 19156 Existing activities

A Federal research agency may satisfy requirements under this part through activities and programs in existence as of August 9, 2022.

42 U.S.C. § 19157 Merit review

Nothing in this part may be construed as altering any intellectual or broader impacts criteria at Federal research agencies for evaluating award applications.

42 U.S.C. § 19158 Definition

In this part, the term “Director” means the Director of the Office of Science and Technology Policy.

42 U.S.C. § 19171 Definition

In this part, the term “Director” means the Director of the National Science Foundation.

42 U.S.C. § 19172 National Science Foundation rural STEM activities

(a) Preparing rural STEM educators(1) In generalThe Director shall make awards on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development activities to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools. (2) Use of funds(A) In generalAwards made under this subsection shall be used for the research and development activities referred to in paragraph (1), which may include—(i) engaging rural educators, principals, or other school leaders of students in prekindergarten through grade 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching and school leadership practices in rural settings, including the use of rubrics and mastery- based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators, principals, and other school leaders in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local, natural, and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal laboratories or institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators, principals, and other school leaders described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this paragraph. (B) Rural stem collaborativeThe Director shall establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators, principals, and other school leaders of students in prekindergarten through grade 12, in order to build an ecosystem of cooperation among educators, principals, other school leaders, researchers, academia, and local industry. (b) Broadening participation of rural students in STEM(1) In generalThe Director shall make awards on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for—(A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in prekindergarten through grade 12 in STEM studies. (2) Use of funds(A) In generalAwards made under this subsection shall be used for the research and development activities referred to in paragraph (1), which may include—(i) developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students; (ii) supporting research on effective STEM practices in rural settings; (iii) implementing a school-wide STEM approach, including preparation and support for principals and other school leaders; (iv) improving the Foundation’s Advanced Technology Education program’s coordination and engagement with rural communities; (v) collaborating with existing community partners and networks, such as the Cooperative Extension System services and extramural research programs of the Department of Agriculture and youth serving organizations like 4-H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming; (vi) connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement; (vii) supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in prekindergarten through grade 12 in a rural area; (viii) evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students; (ix) building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during non-school hours, STEM networks, makerspaces, coding activities, and competitions; (x) creating partnerships with local industries and local educational agencies to tailor STEM curricula and educational experiences to the needs of a particular local or regional economy; and (xi) any other activity the Director determines will accomplish the goals of this paragraph. (c) ApplicationAn applicant seeking an award under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following:(1) A description of the target population to be served by the research activity or activities for which such award is sought. (2) A description of the process for recruitment and selection of students, educators, principals, and other school leaders, or schools from rural areas to participate in such activity or activities. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in prekindergarten through grade 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (d) PartnershipsIn making awards under subsection (a) or (b), the Director shall—(1) encourage applicants which, for the purpose of the activity or activities funded through the award, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in prekindergarten through grade 12 in STEM; (2) encourage applicants which, for the purpose of the activity or activities funded through the award, include or partner with a consortium of rural schools or rural school districts; and (3) encourage applications which, for the purpose of the activity or activities funded through the award, include commitments from school principals, other school leaders, and administrators to making reforms and activities proposed by the applicant a priority. (e) EvaluationsAll proposals for awards under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome-oriented measures to assess the impact and efficacy of the award. Each recipient of an award under this subsection shall include results from these evaluative activities in annual and final projects. (f) Accountability and dissemination(1) Evaluation requiredThe Director shall evaluate the portfolio of awards made under subsections (a) and (b). Such evaluation shall—(A) use a common set of benchmarks and tools to assess the results of research conducted under such awards and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such awards with the findings of other research on rural students’ pursuit of degrees or careers in STEM. (2) Report on evaluationsNot later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes—(A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the awards made under this subsection. (g) Report by Committee on Equal Opportunities in Science and EngineeringAs part of the first report required by section 1885c(e) of this title transmitted to Congress after August 9, 2022, the Committee on Equal Opportunities in Science and Engineering, in consultation with the Chief Diversity Officer of the National Science Foundation, shall include—(1) a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; (2) an assessment of trends in participation of rural students in prekindergarten through grade 12 in Foundation activities; and (3) an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goal of increasing participation of rural students in prekindergarten through grade 12 in Foundation activities. (h) CoordinationIn carrying out this subsection, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. (i) Authorization of appropriationsThere are authorized to be appropriated to the Director—(1) $8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2023 through 2027; and (2) $12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2023 through 2027.

42 U.S.C. § 19173 Opportunities for online education

(a) In generalThe Director shall make competitive awards to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. (b) Research areasThe research areas eligible for funding under this subsection shall include—(1) evaluating the learning and achievement of rural students in prekindergarten through grade 12 in STEM subjects; (2) understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators, principals, and other school leaders of rural students in prekindergarten through grade 12; (3) combining computer-based and online STEM education and training with mentoring and other applied learning arrangements; (4) leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and (5) any other activity the Director determines will accomplish the goals of this subsection. (c) EvaluationsAll proposals for awards under this section shall include an evaluation plan that includes the use of outcome-oriented measures to assess the impact and efficacy of the award. Each recipient of an award under this subsection shall include results from these evaluative activities in annual and final projects. (d) Accountability and dissemination(1) Evaluation requiredThe Director shall evaluate the portfolio of awards made under this subsection. Such evaluation shall—(A) use a common set of benchmarks and tools to assess the results of research conducted under such awards and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried out pursuant to other research on serving rural students and communities. (2) Report on evaluationsNot later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes—(A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the awards made under this section. (e) CoordinationIn carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies.

42 U.S.C. § 19174 NIST engagement with rural communities

(a) Prize competitionPursuant to section 3719 of title 15, the Secretary of Commerce shall carry out a program to award prizes competitively to stimulate research and development of creative technologies to support the deployment of affordable and reliable broadband connectivity in rural communities, including unserved rural communities. (b) Plan for deployment in rural communitiesEach proposal submitted pursuant to subsection (a) shall include a proposed plan for deployment of the technology that is the subject of such proposal. (c) Prize amountIn carrying out the program under subsection (a), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (d) ReportNot later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. (e) ConsultationIn carrying out the program under this section, the Secretary shall consult with the Federal Communications Commission and the heads of relevant departments and agencies of the Federal Government.

42 U.S.C. § 19181 Agency responsibilities

(a) In generalIn consultation with outside stakeholders and the heads of Federal research agencies and the Interagency Working Group on Inclusion in STEM, the Director of the Office of Science and Technology Policy shall develop a uniform set of policy guidelines for Federal research agencies to carry out a sustained program of outreach activities to increase clarity, transparency, and accountability for Federal research agency investments in STEM education and research activities at HBCUs, TCUs, and MSIs, including such institutions in rural areas. (b) Outreach activitiesIn developing policy guidelines under subsection (a) the Director of the Office of Science and Technology Policy shall include guidelines that require each Federal research agency—(1) to designate a liaison for HBCUs, TCUs, and MSIs responsible for—(A) enhancing direct communication with HBCUs, TCUs, and MSIs to increase the Federal research agency’s understanding of the capacity and needs of such institutions and to raise awareness of available Federal funding opportunities at such institutions; (B) coordinating programs, activities, and initiatives while accounting for the capacity and needs of HBCUs, TCUs, and MSIs; (C) tracking Federal research agency investments in and engagement with HBCUs, TCUs, and MSIs; and (D) reporting progress toward increasing participation of HBCUs, TCUs, and MSIs in award programs; (2) to the extent practicable, to produce an annual summary of funding opportunities and proposal deadlines targeted at HBCUs, TCUs, and MSIs, including for grants, contracts, subcontracts, and cooperative agreements; (3) to the extent practicable, identifying in annual budget requests potential areas for collaboration with HBCUs, TCUs, and MSIs in the relevant fiscal year, including relating to potential meetings and workshops; (4) to investigate proposal structures that support broader participation by emerging research institutions, including HBCUs, TCUs, and MSIs; (5) to conduct on-site reviews of research facilities at HBCUs, TCUs, and MSIs, as practicable, and make recommendations regarding strategies for becoming more competitive in research; (6) to hold geographically accessible or virtual workshops on research priorities of the Federal research agency and on how to write competitive award proposals and how to bolster award management capacity for the entire award lifecycle, from application to completion; (7) to ensure opportunities for HBCUs, TCUs, and MSIs to directly communicate with Federal research agency officials responsible for managing competitive award programs in order to receive feedback on research ideas and proposals, including guidance on the Federal research agency’s merit review process; and (8) to foster mutually beneficial public-private collaboration among Federal research agencies, industry, Federal laboratories, academia, and nonprofit organizations to—(A) identify alternative sources of funding for STEM education and research at HBCUs, TCUs, and MSIs; (B) provide access to high-quality, relevant research experiences for students and faculty of HBCUs, TCUs, and MSIs; (C) expand the professional networks of students and faculty of HBCUs, TCUs, and MSIs; (D) broaden STEM educational opportunities for students and faculty of HBCUs, TCUs, and MSIs; and (E) support the transition of students of HBCUs, TCUs, and MSIs into the STEM workforce; 11 So in original. The semicolon probably should be a period. (c) Strategic plan(1) In generalNot later than one year after August 9, 2022, the Director of the Office of Science and Technology Policy, in collaboration with the head of each Federal research agency, shall submit to Congress a report containing a strategic plan which reflects the plans of each Federal research agency to increase the capacity of HBCUs, TCUs, and MSIs to compete effectively for grants, contracts, or cooperative agreements and to encourage HBCUs, TCUs, and MSIs to participate in Federal programs. (2) ConsiderationsIn developing a strategic plan under paragraph (1), the Director and the head of each Federal research agency shall consider the following:(A) Issuing new or expanding existing funding opportunities targeted to HBCUs, TCUs, and MSIs. (B) Modifying existing research and development program solicitations to incentivize effective partnerships with HBCUs, TCUs, and MSIs. (C) Offering planning grants for HBCUs, TCUs, and MSIs to develop or equip grant offices with the requisite depth of knowledge to submit competitive grant proposals and manage awarded grants. (D) Offering additional training programs, including individualized and timely guidance to grant officers, faculty, and postdoctoral researchers at HBCUs, TCUs, and MSIs to ensure their understanding of the requirements for an effective grant proposal. (E) Other approaches for making current competitive funding models more accessible for underresourced HBCUs, TCUs, and MSIs. (d) Report on policy guidelinesNot later than two years after August 9, 2022, and every five years thereafter, the Director of the Office of Science and Technology Policy shall report to Congress on the implementation by Federal research agencies of the policy guidelines developed under this section.

42 U.S.C. § 19182 Research at the National Science Foundation

(a) In generalThe Director shall make awards, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia thereof) to—(1) conduct research described in subsection (b) with respect to HBCUs, TCUs, and MSIs; and (2) identify and broadly disseminate effective models for programs and practices at HBCUs, TCUs, and MSIs that promote the education and workforce preparation of minority students pursuing STEM studies and careers in which such students are underrepresented. (b) ResearchResearch described in this subsection is research on the contribution of HBCUs, TCUs, and MSIs to the education and training of underrepresented minority students in STEM fields and to the meeting of national STEM workforce needs, including relating to the following:(1) The diversity with respect to local context, cultural differences, and institutional structure among HBCUs, TCUs, and MSIs and any associated impact on education and research endeavors. (2) Effective practices at HBCUs, TCUs, and MSIs and associated outcomes on student recruitment, retention, and advancement in STEM fields, including the ability for students to compete for fellowships, employment, and advancement in the workforce. (3) Contributions made by HBCUs, TCUs, and MSIs to local, regional, and national workforces. (4) The challenges and opportunities for HBCUs, TCUs, and MSIs in attaining the resources needed for integrating effective practices in STEM education, including providing research experiences for underrepresented minority students. (5) The access of students at HBCUs, TCUs, and MSIs to STEM infrastructure and any associated outcomes for STEM competency. (6) Models of STEM curriculum, learning, and teaching successful at HBCUs, TCUs, and MSIs for increasing participation, retention, and success of underrepresented minority students. (7) Successful or promising partnerships between HBCUs, TCUs, and MSIs and other institutions of higher education, private sector and nonprofit organizations, Federal laboratories, and international research institutions. (c) Research experiencesAwards under this section may fund the development or expansion of opportunities for the exchange of students and faculty to conduct research, facilitate professional development, and provide mentorship, including through partnerships with institutions of higher education that are not HBCUs, TCUs, or MSIs, private sector and nonprofit organizations, Federal laboratories, and international research institutions.

42 U.S.C. § 19183 Capacity-building program for developing universities

(a) Awards(1) In generalThe Director shall make awards, on a competitive basis, to eligible institutions described in subsection (b) to support the mission of the Foundation and to build institutional research capacity at eligible institutions. (2) AdministrationThe Director may administer separate competitions for each category of eligible institution described in subparagraphs (A) through (C) of subsection (b)(1) in order to ensure fair competition for institutions with significantly different research capacities. (b) Eligible institutionsTo be eligible to receive an award under this subsection, an entity—(1) shall be—(A) a historically Black college or university; (B) a Tribal College or University; (C) a minority-serving institution; (D) an institution of higher education with an established STEM capacity-building program focused on Native Hawaiians and Alaska Natives; or (E) consortia thereof; (2) shall—(A) have not more than $50,000,000 in annual federally financed research and development expenditures for science and engineering as reported through the National Science Foundation Higher Education Research and Development Survey; or (B) not be an institution classified as having very high research activity by the Carnegie Classification of Institutions of Higher Education. (c) PartnershipsIn making awards under this section, the Director shall—(1) encourage entities that are consortia of eligible institutions to submit proposals and require such proposals to include a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each institution, and is mutually beneficial; (2) encourage proposals submitted in partnership with the private sector, nonprofit organizations, Federal laboratories, and international research institutions, as appropriate; (3) require proposals described in paragraphs (1) and (2) to include a plan to strengthen the administrative and research capacity of the partnering HBCUs, TCUs, or MSIs to lead future proposals. (d) Very high research activity status Historically Black Colleges and Universities programAwards under this section may be used to enable HBCUs which have high research activity status to achieve very high research activity status, as classified under the Carnegie Classification of Institutions of Higher Education, by enabling—(1) faculty professional development; (2) stipends for graduate and undergraduate students, and postdoctoral scholars; (3) acquisition of laboratory equipment and instrumentation; and (4) other activities as necessary to build research capacity. (e) ProposalsTo receive an award under this subsection, an eligible institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require, including—(1) a plan that describes how the eligible institution will establish or expand research office capacity and how such award would be used to—(A) conduct an assessment of capacity-building and research infrastructure needs of an eligible institution; (B) enhance institutional resources to provide administrative research development support to faculty at an eligible institution; (C) bolster the institutional research competitiveness of an eligible institution to support awards made by the Foundation; (D) support the acquisition of instrumentation necessary to build research capacity at an eligible institution in research areas directly associated with the Foundation; (E) increase capability of an eligible institution to move technology into the marketplace; (F) increase engagement with industry to execute research through the SBIR and STTR programs (as such terms are defined in section 638(e) of title 15) and direct contracts at an eligible institution; (G) enhance STEM curriculum and research training opportunities at the undergraduate, graduate, and postdoctoral levels at an eligible institution; (H) further faculty development initiatives and strengthen institutional research training infrastructure, capacity, and competitiveness of an eligible institution; (I) address plans and prospects for long-term sustainability of institutional enhancements at an eligible institution resulting from the award including, if applicable, how the award may be leveraged by an eligible institution to build a broader base of support; and (J) develop and implement mechanisms for institutions of higher education to partner with HBCUs, TCUs, and MSIs on STEM education, including the facilitation of student exchanges, course and resource sharing, collaboration, and matriculation of students to either institution’s graduate programs, mentoring programs for students and junior faculty, joint research projects, and student access to graduate education; and (2) as relevant, a plan, which shall be updated every three years, that describes the institution’s strategy to achieve very high research activity status, including making investments with institutional and non-Federal funds, to achieve that status within a decade of the grant award, to the extent practicable. (f) MSI Centers of InnovationAwards under this section may fund the establishment of not more than five MSI Centers of Innovation to leverage successes of HBCUs, TCUs, and MSIs in STEM education and research training of underrepresented minority students as models for other institutions, including both HBCUs, TCUs, and MSIs and institutions of higher education that are not HBCUs, TCUs, or MSIs. Such centers will be located on campuses of selected HBCUs, TCUs, or MSIs, and serve as incubators to allow institutions of higher education to experiment, pilot, evaluate, and scale up promising practices. (g) AwardsAwards made under this subsection shall be for periods of three years and may be extended for periods of not more than five years. (h) Authorization of appropriationsThere are authorized to be appropriated to the Director $200,000,000 for fiscal year 2023 and $250,000,000 for each of fiscal years 2024 through 2027 to carry out the activities in this section and section 19182 of this title. (i) Report on improving the research capacity at high research activity Historically Black Colleges and Universities(1) In generalNot later than one year after August 9, 2022, the National Science and Technology Council shall prepare and submit a report that—(A) identifies challenges and barriers to Federal research and development awards for high research activity status HBCUs; and (B) identifies recommendations for Federal research agencies to sustainably boost the research capacity of high research activity status HBCUs through awards-making authorities. (2) Report submissionThe National Science and Technology Council shall transmit the report required under paragraph (1) to the Director, the Administrator of the National Aeronautics and Space Administration, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, and the heads of other such agencies as determined relevant by the National Science and Technology Council. (3) Information from Federal agenciesThe National Science and Technology Council may secure directly from a Federal department or agency such information as the National Science and Technology Council considers necessary to prepare the report required under paragraph (1). Upon a request from the National Science and Technology Council, the head of a Federal department or agency shall furnish such information as is requested to the National Science and Technology Council.

42 U.S.C. § 19184 Definitions

In this part: (1) DirectorThe term “Director” means the Director of the National Science Foundation. (2) HBCUThe term “HBCU” has the meaning given the term “part B institution” in section 1061 of title 20. (3) Minority serving institutionThe term “minority serving institution” or “MSI” means Hispanic-Serving Institutions as defined in section 1101a) of title 20; Alaska Native Serving Institutions and Native Hawaiian-Serving Institutions as defined in section 1059d of title 20; and Predominantly Black Institutions, Asian American and Native American Pacific Islander-Serving Institutions, and Native American-Serving Nontribal Institutions as defined in section 1067q of title 20. (4) TCUThe term “TCU” has the meaning given the term “Tribal College or University” in section 1059c of title 20.

42 U.S.C. § 19191 Findings

Congress makes the following findings: (1) According to the report issued by the National Academies of Sciences, Engineering, and Medicine in 2018 entitled “Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine”—(A) sexual harassment is pervasive in institutions of higher education; (B) the most common type of sexual harassment is gender harassment; (C) 58 percent of individuals in the academic workplace experience sexual harassment, the second highest rate when compared to the military, the private sector, and Federal, State, and local government; (D) women who are members of racial or ethnic minority groups are more likely to experience sexual harassment and to feel unsafe at work than White women, White men, or men who are members of such groups; (E) the training for each individual who has a Doctor of Philosophy in the science, technology, engineering, and mathematics fields is estimated to cost approximately $500,000; and (F) attrition of an individual so trained results in a loss of talent and money. (2) According to a 2017 University of Illinois study, among astronomers and planetary scientists, 18 percent of women who are members of racial or ethnic minority groups and 12 percent of White women skipped professional events because they did not feel safe attending. (3) Reporting procedures with respect to sexual harassment are inconsistent among Federal research agencies and have varying degrees of accessibility. (4) There is not adequate communication among Federal research agencies and between such agencies and recipients regarding reports of sexual harassment, which has resulted in harassers receiving Federal funding after moving to a different institution.

42 U.S.C. § 19192 Purpose

The purpose of this part is to increase understanding of the causes and consequences of sex-based and sexual harassment, as discussed in the report issued by the National Academies in 2018 entitled “Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine”, and to advance evidence-based approaches to reduce the prevalence and negative impact of such harassment.

42 U.S.C. § 19193 Definition

In this part, the term “Director” means the Director of the National Science Foundation.

42 U.S.C. § 19194 Research awards

(a) In generalThe Director shall make awards, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations)—(1) to expand research efforts to better understand the factors contributing to, and consequences of, sex-based and sexual harassment affecting individuals in the STEM workforce, including students and trainees; and (2) to examine approaches to reduce the incidence and negative consequences of such harassment. (b) Use of fundsActivities funded by an award under this section may include—(1) research on the sex-based and sexual harassment experiences of individuals, including in racial and ethnic minority groups, disabled individuals, foreign nationals, sexual-minority individuals, and others; (2) development and assessment of policies, procedures, trainings, and interventions, with respect to sex-based and sexual harassment, conflict management, and ways to foster respectful and inclusive climates; (3) research on approaches for remediating the negative impacts and outcomes of such harassment on individuals experiencing such harassment; (4) support for institutions of higher education or nonprofit organizations to develop, adapt, implement, and assess the impact of innovative, evidence-based strategies, policies, and approaches to policy implementation to prevent and address sex-based and sexual harassment; (5) research on alternatives to the power dynamics, hierarchical, and dependent relationships, including but not limited to the mentor-mentee relationship, in academia that have been shown to create higher levels of risk for and lower levels of reporting of sex- based and sexual harassment; and (6) establishing a center for the ongoing compilation, management, and analysis of organizational climate survey data.

42 U.S.C. § 19195 Interagency working group

(a) In generalThe Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish or designate an interagency working group for the purpose of coordinating Federal research agency efforts to reduce the prevalence of sex-based and sexual harassment involving award personnel. In coordination with the working group on inclusion in STEM fields established under section 6626 of this title and the Safe Inclusive Research Environments Subcommittee of the National Science and Technology Council, and in consultation with representatives from each Federal research agency, the Office for Civil Rights at the Department of Health and Human Services, the Office for Civil Rights at the Department of Education, and the Equal Employment Opportunity Commission, the working group shall—(1) not later than 90 days after August 9, 2022, submit to the Committee on Science, Space, and Technology, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate an inventory of Federal research agency policies, procedures, and resources dedicated to preventing and responding to reports of sex-based and sexual harassment; (2) not later than 6 months after the date on which the inventory is submitted under paragraph (1)—(A) in consultation with outside stakeholders, develop a consistent set of policy guidelines for Federal research agencies; and (B) submit a report to the committees referred to in paragraph (1) containing such guidelines; (3) encourage and monitor efforts of Federal research agencies to develop or maintain and implement policies based on the guidelines developed under paragraph (2); (4) not later than 1 year after the date on which the inventory under paragraph (1) is submitted, and every 5 years thereafter, the Director of the Office of Science and Technology Policy shall report to Congress on the implementation by Federal research agencies of the policy guidelines developed under paragraph (2); and (5) update such policy guidelines as needed. (b) RequirementsIn developing policy guidelines under subsection (a)(2), the Director of the Office of Science and Technology Policy shall include guidelines that require, to the extent practicable—(1) recipients to submit to the Federal research agency or agencies from which the recipients receive funding reports relating to—(A) any decision made to launch a formal investigation of sex-based or sexual harassment, including bullying, retaliation, or hostile working conditions by, or of, award personnel; (B) administrative action, related to an allegation against award personnel of any such harassment, as set forth in organizational policies or codes of conduct, statutes, regulations, or executive orders, that affects the ability of award personnel or their trainees to carry out the activities of the award; (C) the total number of investigations with no findings or determinations of misconduct including such harassment; (D) findings or determinations of such harassment, as set forth in organizational policies or codes of conduct, statutes, regulations, or Executive orders by, or of, award personnel, including the final disposition of a matter involving a violation of organizational policies and processes, to include the exhaustion of permissible appeals, or a determination of a sexual offense in a court of law, or any other disciplinary action taken; (2) the sharing, updating, and archiving of reports of sex- based and sexual harassment from recipients submitted under paragraph (1) with relevant Federal research agencies, on a yearly basis and by agency request; and (3) consistency among Federal research agencies with regard to the policies and procedures for receiving reports submitted pursuant to paragraph (1). (4) FERPAThe Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 1232g of title 20 (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”). (5) Privacy protectionsThe Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements—(A) do not infringe upon the privacy rights of individuals associated with reports submitted to Federal research agencies; and (B) do not require recipients to provide interim reports to Federal research agencies. (c) ConsiderationsIn carrying out subsection (a)(2), the Director of the Office of Science and Technology Policy shall consider issuing guidelines that require or incent—(1) recipients to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews; (2) recipients to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph (1), disaggregated by sex and, if practicable, race, ethnicity, disability status, and sexual orientation, and in a manner that does not include personally identifiable information; (3) recipients to make public on an annual basis the number of reports of sex-based and sexual harassment at that institution or organization; (4) recipients to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of and improve the reporting of sex-based and sexual harassment; (5) each entity applying for a research and development award certify that a code of conduct is in place for maintaining a healthy and welcoming workplace for award personnel and posted on their public website; (6) each recipient and Federal research agency to have in place mechanisms for addressing the needs of individuals who have experienced sex-based and sexual harassment, including those individuals seeking to reintegrate at the recipient entity; and (7) recipients to work to create a climate intolerant of sex-based and sexual harassment and that values and promotes diversity and inclusion. (d) Federal research agency implementationNot later than 270 days after receiving the guidelines under paragraph (a)(2), each Federal research agency shall—(1) develop or maintain and implement policies with respect to sex-based and sexual harassment that are consistent with policy guidelines under subsection (a)(2) and that protect the privacy of all parties involved in any report and investigation of sex-based or sexual harassment, to the maximum extent practicable; and (2) broadly disseminate such policies to current and potential recipients of research and development awards made by such agency.

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