42 U.S.C. § 19191 — Findings

Page 9331 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19191 TCUs, and MSIs in STEM education and re- search training of underrepresented minority students as models for other institutions, in- cluding both HBCUs, TCUs, and MSIs and insti- tutions 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 high- er education to experiment, pilot, evaluate, and scale up promising practices. (g) Awards Awards 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 appropriations There 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 Col- leges and Universities (1) In general Not 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 au- thorities. (2) Report submission The National Science and Technology Coun- cil shall transmit the report required under paragraph (1) to the Director, the Adminis- trator of the National Aeronautics and Space Administration, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Sec- retary of Health and Human Services, and the heads of other such agencies as determined relevant by the National Science and Tech- nology Council. (3) Information from Federal agencies The National Science and Technology Coun- cil may secure directly from a Federal depart- ment or agency such information as the Na- tional Science and Technology Council con- siders 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. (Pub. L. 117–167, div. B, title V, § 10524, Aug. 9, 2022, 136 Stat. 1623.) § 19184. Definitions In this part: (1) Director The term ‘‘Director’’ means the Director of the National Science Foundation. (2) HBCU The term ‘‘HBCU’’ has the meaning given the term ‘‘part B institution’’ in section 1061 of title 20. (3) Minority serving institution The term ‘‘minority serving institution’’ or ‘‘MSI’’ means Hispanic-Serving Institutions as defined in section 1101a) of title 20; Alaska Na- tive Serving Institutions and Native Hawai- ian-Serving Institutions as defined in section 1059d of title 20; and Predominantly Black In- stitutions, Asian American and Native Amer- ican Pacific Islander-Serving Institutions, and Native American-Serving Nontribal Institu- tions as defined in section 1067q of title 20. (4) TCU The term ‘‘TCU’’ has the meaning given the term ‘‘Tribal College or University’’ in section 1059c of title 20. (Pub. L. 117–167, div. B, title V, § 10526, Aug. 9, 2022, 136 Stat. 1627.) PART D—COMBATING SEXUAL HARASSMENT IN SCIENCE § 19191. Findings Congress makes the following findings: (1) According to the report issued by the Na- tional Academies of Sciences, Engineering, and Medicine in 2018 entitled ‘‘Sexual Harass- ment of Women: Climate, Culture, and Con- sequences in Academic Sciences, Engineering, and Medicine’’— (A) sexual harassment is pervasive in in- stitutions of higher education; (B) the most common type of sexual har- assment is gender harassment; (C) 58 percent of individuals in the aca- demic workplace experience sexual harass- ment, the second highest rate when com- pared 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 un- safe 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 re- sults in a loss of talent and money. (2) According to a 2017 University of Illinois study, among astronomers and planetary sci- entists, 18 percent of women who are members of racial or ethnic minority groups and 12 per- cent of White women skipped professional events because they did not feel safe attend- ing. (3) Reporting procedures with respect to sex- ual harassment are inconsistent among Fed- eral research agencies and have varying de- grees of accessibility. (4) There is not adequate communication among Federal research agencies and between such agencies and recipients regarding reports Page 9332 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19192 of sexual harassment, which has resulted in harassers receiving Federal funding after mov- ing to a different institution. (Pub. L. 117–167, div. B, title V, § 10531, Aug. 9, 2022, 136 Stat. 1627.) § 19192. Purpose The purpose of this part is to increase under- standing 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: Cli- mate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine’’, and to advance evidence-based approaches to reduce the prevalence and negative impact of such har- assment. (Pub. L. 117–167, div. B, title V, § 10532, Aug. 9, 2022, 136 Stat. 1628.) § 19193. Definition In this part, the term ‘‘Director’’ means the Director of the National Science Foundation. (Pub. L. 117–167, div. B, title V, § 10533, Aug. 9, 2022, 136 Stat. 1628.) § 19194. Research awards (a) In general The Director shall make awards, on a competi- tive basis, to institutions of higher education or nonprofit organizations (or consortia of such in- stitutions or organizations)— (1) to expand research efforts to better un- derstand the factors contributing to, and con- sequences of, sex-based and sexual harassment affecting individuals in the STEM workforce, including students and trainees; and (2) to examine approaches to reduce the inci- dence and negative consequences of such har- assment. (b) Use of funds Activities funded by an award under this sec- tion may include— (1) research on the sex-based and sexual har- assment 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 re- spectful 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 edu- cation or nonprofit organizations to develop, adapt, implement, and assess the impact of in- novative, evidence-based strategies, policies, and approaches to policy implementation to prevent and address sex-based and sexual har- assment; (5) research on alternatives to the power dy- namics, hierarchical, and dependent relation- ships, 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 or- ganizational climate survey data. (Pub. L. 117–167, div. B, title V, § 10534, Aug. 9, 2022, 136 Stat. 1628.) § 19195. Interagency working group (a) In general The Director of the Office of Science and Tech- nology 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 In- clusive 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 Rep- resentatives and the Committee on Commerce, Science, and Transportation and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate an inventory of Federal re- search agency policies, procedures, and re- sources dedicated to preventing and respond- ing to reports of sex-based and sexual harass- ment; (2) not later than 6 months after the date on which the inventory is submitted under para- graph (1)— (A) in consultation with outside stake- holders, develop a consistent set of policy guidelines for Federal research agencies; and (B) submit a report to the committees re- ferred 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 de- veloped 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 Tech- nology Policy shall report to Congress on the implementation by Federal research agencies of the policy guidelines developed under para- graph (2); and (5) update such policy guidelines as needed. (b) Requirements In developing policy guidelines under sub- section (a)(2), the Director of the Office of Science and Technology Policy shall include