42 U.S.C. § 19031 — Office of Research Security and Policy

Page 9286 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19018 (Pub. L. 117–167, div. B, title III, § 10328, Aug. 9, 2022, 136 Stat. 1545.) § 19018. Intramural emerging research institu- tions pilot program (a) Establishment The Director may conduct multiple pilot pro- grams, including through existing programs or other programs authorized in this division or di- vision A, within the Foundation to expand the number of institutions of higher education (in- cluding such institutions that are community colleges), and other eligible entities that the Di- rector determines appropriate, that are able to successfully compete for Foundation awards. (b) Components Pilot programs under this section may in- clude— (1) a mentorship program; (2) award application writing technical as- sistance; (3) targeted outreach, including to a histori- cally Black college or university, a Tribal col- lege or university, or a minority-serving insti- tution (including a Hispanic-serving institu- tion or an institution of higher education with an established STEM capacity building pro- gram focused on Native Hawaiians or Alaska Natives); (4) programmatic support or solutions for in- stitutions or entities that do not have an expe- rienced award management office; (5) an increase in the number of award pro- posal reviewers from institutions of higher education that have not traditionally received funds from the Foundation; or (6) an increase of the term and funding, for a period of 3 years or less, as appropriate, for awards with a first-time principal investi- gator, when paired with regular mentoring on the administrative aspects of award manage- ment. (c) Limitation As appropriate, each pilot program under this section shall work to reduce administrative bur- dens for recipients and award personnel. (d) Agency-wide programs Not later than 5 years after August 9, 2022, the Director shall— (1) review the results of the pilot programs under this section; and (2) develop agencywide best practices from the pilot programs for implementation across the Foundation, in order to fulfill the require- ment under section 1862(e) of this title. (Pub. L. 117–167, div. B, title III, § 10330, Aug. 9, 2022, 136 Stat. 1550.) Editorial Notes REFERENCES IN TEXT This division, referred to in subsec. (a), is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1399, which en- acted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of div. B to the Code, see Short Title note set out under section 18901 of this title and Tables. Division A, referred to in subsec. (a), is div. A of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1372, known as the CHIPS Act of 2022. For complete classification of div. A to the Code, see Short Title of 2022 Amendment note set out under section 4651 of Title 15, Commerce and Trade, and Tables. PART D—NSF RESEARCH SECURITY § 19031. Office of Research Security and Policy The Director shall maintain a Research Secu- rity and Policy office within the Office of the Director with not fewer than four full-time equivalent positions, in addition to the Chief of Research Security established pursuant to sec- tion 19032 of this title. The functions of the Re- search Security and Policy office shall be to co- ordinate all research security policy issues across the Foundation, including by— (1) consulting and coordinating with the Foundation Office of Inspector General, with other Federal research agencies, and intel- ligence and law enforcement agencies, and the National Science and Technology Council, as appropriate, in accordance with the authority provided under section 1746 of the National De- fense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), to identify and address potential security risks that threaten research integrity and other risks to the research enterprise and to develop research security policy and best practices, taking into account the policy guidelines to be issued by the Director of the Office of Science and Technology Policy under section 19231 of this title; (2) serving as a resource at the Foundation for all issues related to the security and integ- rity of the conduct of Foundation-supported research; (3) conducting outreach and education ac- tivities for recipients on research policies and potential security risks and on policies and ac- tivities to protect intellectual property and information about critical technologies rel- evant to national security, consistent with the controls relevant to the grant or award; (4) educating Foundation program managers and other directorate staff on evaluating Foundation awards and recipients for poten- tial security risks; (5) communicating reporting and disclosure requirements to recipients and applicants for funding; (6) performing risk assessments, in consulta- tion, as appropriate, with other Federal agen- cies, of Foundation proposals and awards using analytical tools to assess nondisclosures of re- quired information; (7) establishing policies and procedures for identifying, communicating, and addressing security risks that threaten the integrity of Foundation-supported research and develop- ment, working in consultation, as appropriate, with other Federal agencies, to ensure compli- ance with National Security Presidential Memorandum–33 (relating to strengthening protections of United States Government-sup- ported research and development against for- eign government interference and exploi- tation) or a successor policy document; and (8) in accordance with relevant policies of the agency, conducting or facilitating due dili- Page 9287 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19037 1 So in original. Probably should be ‘‘full-time’’. gence with regard to applications for research and development awards from the Foundation prior to making such awards. (Pub. L. 117–167, div. B, title III, § 10331, Aug. 9, 2022, 136 Stat. 1551.) § 19032. Chief of Research Security The Director shall appoint a senior agency of- ficial within the Office of the Director as a Chief of Research Security, whose primary responsi- bility shall be to manage the office established under section 19031 of this title. (Pub. L. 117–167, div. B, title III, § 10332, Aug. 9, 2022, 136 Stat. 1552.) § 19033. Reporting to Congress (a) Report on resource needs Not later than 180 days after August 9, 2022, the Director shall provide a report to the Com- mittee 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 1 employees needed to carry out the functions of the office estab- lished in section 19031 of this title. (b) Annual report on Office activities (1) In general Not later than one year after August 9, 2022, and annually thereafter, the Director shall submit to Congress a report on the activities carried out by the Office of Research Security, detailing— (A) a description of the activities con- ducted by the Office, including administra- tive actions taken; (B) such recommendations as the Director may have for legislative or administrative action relating to improving research secu- rity; (C) identification and discussion of the gaps in legal authorities that need to be im- proved to enhance the security of institu- tions of higher education performing re- search supported by the Foundation; and (D) information on Foundation Inspector General cases, as appropriate, relating to undue influence and security threats to re- search and development activities funded by the Foundation, including theft of property or intellectual property relating to a project funded by the Foundation at an institution of higher education. (2) Form The report submitted under paragraph (1) shall be submitted in both unclassified and classified formats, as appropriate. (Pub. L. 117–167, div. B, title III, § 10333, Aug. 9, 2022, 136 Stat. 1552.) § 19034. Online resource The Director shall develop an online resource hosted on the Foundation’s website containing up-to-date information, tailored for institutions and individual researchers, including— (1) an explanation of Foundation research security policies; (2) unclassified guidance on potential secu- rity risks that threaten research integrity and other risks to the research enterprise; (3) examples of beneficial international col- laborations and how such collaborations differ from foreign government interference efforts that threaten research integrity; (4) best practices for mitigating security risks that threaten research integrity; and (5) additional reference materials, including tools that assist organizations seeking Foun- dation funding and awardees in information disclosure to the Foundation. (Pub. L. 117–167, div. B, title III, § 10334, Aug. 9, 2022, 136 Stat. 1552.) § 19035. Research awards The Director shall continue to make awards, on a competitive basis, to institutions of higher education or non-profit organizations (or con- sortia 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 in- tegrity and detrimental research practices. (Pub. L. 117–167, div. B, title III, § 10335, Aug. 9, 2022, 136 Stat. 1553.) § 19036. Authorities In addition to existing authorities for pre- venting waste, fraud, abuse, and mismanage- ment of Federal funds, the Director, acting through the Office of Research Security and Pol- icy and in coordination with the Foundation’s Office of Inspector General, shall have the au- thority to conduct risk assessments, including through the use of open-source analysis and ana- lytical tools, of research and development award applications and disclosures to the Foundation. (Pub. L. 117–167, div. B, title III, § 10336, Aug. 9, 2022, 136 Stat. 1553.) § 19037. Research security and integrity informa- tion sharing analysis organization (a) Establishment The Director shall enter into an agreement with a qualified independent organization to es- tablish a research security and integrity infor- mation sharing analysis organization (referred to in this section as the ‘‘RSI-ISAO’’), which shall include members described in subsection (d) and carry out the duties described in sub- section (b). (b) Duties The RSI-ISAO shall— (1) serve as a clearinghouse for information to help enable the members and other entities in the research community to understand the context of their research and identify im- proper or illegal efforts by foreign entities to obtain research results, know how, materials, and intellectual property; (2) develop a set of standard risk assessment frameworks and best practices, relevant to the