42 U.S.C. § 19211 — Early-career research fellowship pro-

Page 9333 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19211 guidelines that require, to the extent prac- ticable— (1) recipients to submit to the Federal re- search agency or agencies from which the re- cipients receive funding reports relating to— (A) any decision made to launch a formal investigation of sex-based or sexual harass- ment, including bullying, retaliation, or hos- tile working conditions by, or of, award per- sonnel; (B) administrative action, related to an al- legation against award personnel of any such harassment, as set forth in organizational policies or codes of conduct, statutes, regu- lations, 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 har- assment, as set forth in organizational poli- cies or codes of conduct, statutes, regula- tions, or Executive orders by, or of, award personnel, including the final disposition of a matter involving a violation of organiza- tional policies and processes, to include the exhaustion of permissible appeals, or a de- termination 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 proce- dures for receiving reports submitted pursuant to paragraph (1). (4) FERPA The 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 Edu- cational Rights and Privacy Act of 1974’’). (5) Privacy protections The 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 sub- mitted to Federal research agencies; and (B) do not require recipients to provide in- terim reports to Federal research agencies. (c) Considerations In 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 or- ganizational climate, which may include the use of climate surveys, focus groups, or exit interviews; (2) recipients to publish on a publicly avail- able internet website the results of assess- ments conducted pursuant to paragraph (1), disaggregated by sex and, if practicable, race, ethnicity, disability status, and sexual ori- entation, and in a manner that does not in- clude 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 orga- nization; (4) recipients to regularly assess and im- prove 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 con- duct 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 agen- cy 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 in- tolerant of sex-based and sexual harassment and that values and promotes diversity and in- clusion. (d) Federal research agency implementation Not later than 270 days after receiving the guidelines under paragraph (a)(2), each Federal research agency shall— (1) develop or maintain and implement poli- cies with respect to sex-based and sexual har- assment that are consistent with policy guide- lines under subsection (a)(2) and that protect the privacy of all parties involved in any re- port and investigation of sex-based or sexual harassment, to the maximum extent prac- ticable; and (2) broadly disseminate such policies to cur- rent and potential recipients of research and development awards made by such agency. (Pub. L. 117–167, div. B, title V, § 10536, Aug. 9, 2022, 136 Stat. 1629.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. SUBCHAPTER VI—MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS PART A—SUPPORTING EARLY-CAREER RESEARCHERS § 19211. Early-career research fellowship pro- gram (a) In general The Director of the National Science Founda- tion may establish a 2-year pilot program to make awards to highly qualified early-career in- vestigators to carry out an independent research program at the institution of higher education or participating Federal research facility chosen by such investigator, to last for a period not greater than two years. (b) Selection process The Director of the National Science Founda- tion shall select recipients under subsection (a) Page 9334 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19221 from among citizens, nationals, and lawfully ad- mitted permanent resident aliens of the United States. (c) Outreach The Director of the National Science Founda- tion shall conduct program outreach to recruit fellowship applicants— (1) from all regions of the country; (2) from historically underrepresented popu- lations in the fields of science, technology, en- gineering, and mathematics; and (3) who graduate from or intend to carry out research at a variety of types of institutions of higher education, including— (A) historically Black colleges and univer- sities; (B) Tribal Colleges and Universities; (C) minority-serving institutions; (D) institutions of higher education that are not among the top 50 institutions in an- nual Federal funding for research; and (E) EPSCoR institutions. (d) Special consideration The Director of the National Science Founda- tion shall give special consideration and priority to an application from an individual who grad- uated from or is intending to carry out research at an institution of the type specified in sub- section (c)(3). (e) Reports from fellows Not later than 180 days after the end of the pilot program under this section, each early-ca- reer investigator who receives an award under the pilot program shall submit to the Director of the National Science Foundation a report that describes how the early-career investigator used the award funds. (f) Report from the Director Not later than 90 days after the conclusion of the second year of the pilot program, the Direc- tor of the National Science Foundation shall submit to Congress a report that includes the following: (1) A summary of the uses of award funds under this section and the impact of the pilot program under this section. (2) Statistical summary data on fellowship awardees disaggregated by race, ethnicity, sex, geography, age, years since completion of doctoral degree, and institution type. (3) If determined effective, a plan for perma- nent implementation of the pilot program. (Pub. L. 117–167, div. B, title VI, § 10601, Aug. 9, 2022, 136 Stat. 1632.) PART B—NATIONAL SCIENCE AND TECHNOLOGY STRATEGY § 19221. Strategy and report on the nation’s eco- nomic security, science, research, and inno- vation to support the national security strat- egy (a) Definitions In this section: (1) Foreign country of concern 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 determined to be a country of concern by the Department of State. (2) Foreign entity of concern The term ‘‘foreign entity of concern’’ means a foreign entity that is— (A) designated as a foreign terrorist orga- nization by the Secretary of State under sec- tion 1189(a) of title 8; (B) included on the list of specially des- ignated nationals and blocked persons main- tained by the Office of Foreign Assets Con- trol of the Department of the Treasury (commonly known as the SDN list); (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as such term is defined in section 4872 of title 10); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— (i) chapter 37 of title 18 (commonly known as the Espionage Act); (ii) section 951 or 1030 of title 18; (iii) chapter 90 of title 18 (commonly known as the Economic Espionage Act of 1996); (iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (v) section 2274, 2275, 2276, 2277, or 2284 of this title; (vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or (vii) the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.); or (E) determined by the Secretary of Com- merce, in consultation with the Secretary of Defense and the Director of National Intel- ligence, to be engaged in unauthorized con- duct that is detrimental to the national se- curity or foreign policy of the United States. (3) National security strategy The term ‘‘national security strategy’’ means the national security strategy required under section 3043 of title 50. (b) Strategy and report (1) In general Not later than 90 days after the transmission of each national security strategy under sec- tion 3043(a) of title 50, the President, acting through the Director of the Office of Science and Technology Policy, shall, in coordination with the National Science and Technology Council, the National Security Council, the Director of the National Economic Council, and the heads of such other relevant Federal agencies as the Director of the Office of Science and Technology Policy considers ap- propriate and in consultation with such non- governmental partners as the Director of the Office of Science and Technology Policy con- siders appropriate— (A) review such strategy, including the na- tional defense strategy under subsection (g)