42 U.S.C. § 19183 — Capacity-building program for devel-

Page 9329 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19183 1 So in original. The semicolon probably should be a period. (D) broaden STEM educational opportuni- ties 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; 1 (c) Strategic plan (1) In general Not later than one year after August 9, 2022, the Director of the Office of Science and Tech- nology 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 effec- tively for grants, contracts, or cooperative agreements and to encourage HBCUs, TCUs, and MSIs to participate in Federal programs. (2) Considerations In developing a strategic plan under para- graph (1), the Director and the head of each Federal research agency shall consider the fol- lowing: (A) Issuing new or expanding existing funding opportunities targeted to HBCUs, TCUs, and MSIs. (B) Modifying existing research and devel- opment 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 of- fices 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 require- ments 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 guidelines Not 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 guide- lines developed under this section. (Pub. L. 117–167, div. B, title V, § 10522, Aug. 9, 2022, 136 Stat. 1620.) Editorial Notes CODIFICATION Section is comprised of section 10522 of Pub. L. 117–167. Subsec. (e) of section 10522 of Pub. L. 117–167 amended section 6621 of this title. § 19182. Research at the National Science Foun- dation (a) In general The Director shall make awards, on a competi- tive 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 effec- tive models for programs and practices at HBCUs, TCUs, and MSIs that promote the edu- cation and workforce preparation of minority students pursuing STEM studies and careers in which such students are underrepresented. (b) Research Research described in this subsection is re- search on the contribution of HBCUs, TCUs, and MSIs to the education and training of underrep- resented 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 con- text, cultural differences, and institutional structure among HBCUs, TCUs, and MSIs and any associated impact on education and re- search endeavors. (2) Effective practices at HBCUs, TCUs, and MSIs and associated outcomes on student re- cruitment, 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 re- sources needed for integrating effective prac- tices in STEM education, including providing research experiences for underrepresented mi- nority students. (5) The access of students at HBCUs, TCUs, and MSIs to STEM infrastructure and any as- sociated 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 stu- dents. (7) Successful or promising partnerships be- tween HBCUs, TCUs, and MSIs and other insti- tutions of higher education, private sector and nonprofit organizations, Federal laboratories, and international research institutions. (c) Research experiences Awards under this section may fund the devel- opment or expansion of opportunities for the ex- change of students and faculty to conduct re- search, facilitate professional development, and provide mentorship, including through partner- ships with institutions of higher education that are not HBCUs, TCUs, or MSIs, private sector and nonprofit organizations, Federal labora- tories, and international research institutions. (Pub. L. 117–167, div. B, title V, § 10523, Aug. 9, 2022, 136 Stat. 1622.) § 19183. Capacity-building program for devel- oping universities (a) Awards (1) In general The Director shall make awards, on a com- petitive basis, to eligible institutions de- Page 9330 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19183 scribed in subsection (b) to support the mis- sion of the Foundation and to build institu- tional research capacity at eligible institu- tions. (2) Administration The Director may administer separate com- petitions for each category of eligible institu- tion 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 institutions To be eligible to receive an award under this subsection, an entity— (1) shall be— (A) a historically Black college or univer- sity; (B) a Tribal College or University; (C) a minority-serving institution; (D) an institution of higher education with an established STEM capacity-building pro- gram focused on Native Hawaiians and Alas- ka Natives; or (E) consortia thereof; (2) shall— (A) have not more than $50,000,000 in an- nual federally financed research and devel- opment expenditures for science and engi- neering as reported through the National Science Foundation Higher Education Re- search and Development Survey; or (B) not be an institution classified as hav- ing very high research activity by the Car- negie Classification of Institutions of Higher Education. (c) Partnerships In making awards under this section, the Di- rector shall— (1) encourage entities that are consortia of eligible institutions to submit proposals and require such proposals to include a plan for es- tablishing a sustained partnership that is jointly developed and managed, draws from the capacities of each institution, and is mu- tually beneficial; (2) encourage proposals submitted in part- nership with the private sector, nonprofit or- ganizations, Federal laboratories, and inter- national 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 fu- ture proposals. (d) Very high research activity status Histori- cally Black Colleges and Universities pro- gram Awards under this section may be used to en- able HBCUs which have high research activity status to achieve very high research activity status, as classified under the Carnegie Classi- fication 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 re- search capacity. (e) Proposals To 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 in- stitution will establish or expand research of- fice 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 pro- vide administrative research development support to faculty at an eligible institution; (C) bolster the institutional research com- petitiveness of an eligible institution to sup- port awards made by the Foundation; (D) support the acquisition of instrumen- tation necessary to build research capacity at an eligible institution in research areas directly associated with the Foundation; (E) increase capability of an eligible insti- tution to move technology into the market- place; (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 con- tracts at an eligible institution; (G) enhance STEM curriculum and re- search training opportunities at the under- graduate, graduate, and postdoctoral levels at an eligible institution; (H) further faculty development initiatives and strengthen institutional research train- ing infrastructure, capacity, and competi- tiveness of an eligible institution; (I) address plans and prospects for long- term sustainability of institutional enhance- ments 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 sup- port; and (J) develop and implement mechanisms for institutions of higher education to partner with HBCUs, TCUs, and MSIs on STEM edu- cation, including the facilitation of student exchanges, course and resource sharing, col- laboration, and matriculation of students to either institution’s graduate programs, men- toring programs for students and junior fac- ulty, joint research projects, and student ac- cess to graduate education; and (2) as relevant, a plan, which shall be up- dated every three years, that describes the in- stitution’s strategy to achieve very high re- search activity status, including making in- vestments 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 Innovation Awards under this section may fund the estab- lishment of not more than five MSI Centers of Innovation to leverage successes of HBCUs, 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