42 USC 19012 - NSF Eddie Bernice Johnson INCLUDES Initiative

Collapse to view only § 19012. NSF Eddie Bernice Johnson INCLUDES Initiative

§ 19011. Robert Noyce Teacher Scholarship program update
§ 19012. NSF Eddie Bernice Johnson INCLUDES Initiative
§ 19013. Broadening participation on major facilities awards
§ 19014. Expanding geographic and institutional diversity in research
§ 19015. Diversity in tech research
§ 19016. Chief Diversity Officer of the NSF
§ 19017. Research and dissemination to increase the participation of women and underrepresented minorities in STEM fields
§ 19018. Intramural emerging research institutions pilot program

§ 19011. Robert Noyce Teacher Scholarship program update

(a) Sense of Congress

(b) Outreach

To increase the diversity of participants, the Director shall support symposia, forums, conferences, and other activities to expand and enhance outreach to—

(1) historically Black colleges and universities;

(2) Tribal Colleges or Universities;

(3) minority-serving institutions;

(4) institutions of higher education that are located near or serve rural communities, including EPSCoR institutions;

(5) labor organizations;

(6) emerging research institutions; and

(7) higher education programs that serve or support veterans.

(Pub. L. 117–167, div. B, title III, § 10322, Aug. 9, 2022, 136 Stat. 1538.)

§ 19012. NSF Eddie Bernice Johnson INCLUDES Initiative

(a) In general

(b) Change of name

(Pub. L. 117–167, div. B, title III, § 10323, Aug. 9, 2022, 136 Stat. 1539.)

§ 19013. Broadening participation on major facilities awards

The Director shall require organizations seeking a cooperative agreement for the management of the operations and maintenance of a Foundation project to demonstrate prior experience and current capabilities in or to have a plan for employing best practices in broadening participation in science and engineering and ensure implementation of such practices is considered in oversight of the award.

(Pub. L. 117–167, div. B, title III, § 10324, Aug. 9, 2022, 136 Stat. 1539.)

§ 19014. Expanding geographic and institutional diversity in research

(a) Continuing support for EPSCoR

(1) Sense of CongressIt is the sense of Congress that—

(A) because maintaining the Nation’s scientific and economic leadership requires the participation of talented individuals nationwide, EPSCoR investments into State research and education capacities are in the Federal interest and should be sustained;

(B) EPSCoR should maintain its experimental component by supporting innovative methods for improving research capacity and competitiveness; and

(C) the Director should carry out this subsection while maintaining or increasing proposal success rates at emerging research institutions throughout the United States and without precluding access to awards for such institutions.

(2) Omitted

(3) Geographic diversity and inclusion

(A) In generalTo the maximum extent practicable, not less than—

(i) 15.5 percent in fiscal year 2023,

(ii) 16 percent in fiscal year 2024,

(iii) 16.5 percent in fiscal year 2025,

(iv) 17 percent in fiscal year 2026,

(v) 18 percent in fiscal year 2027,

(vi) 19 percent in fiscal year 2028, and

(vii) 20 percent in fiscal year 2029,

of the amounts appropriated to the Foundation for research and related activities, and science, mathematics, and engineering education and human resources programs and activities, excluding those amounts made available for polar research and operations support (and operations and maintenance of research facilities), shall be awarded to EPSCoR institutions.

(B) ScholarshipsTo the maximum extent practicable, not less than—

(i) 16 percent in fiscal year 2023,

(ii) 18 percent in fiscal year 2024, and

(iii) 20 percent in each of fiscal years 2025 through 2029,

of the amounts appropriated to the Foundation for scholarships (including at community colleges), graduate fellowships and traineeships, and postdoctoral awards shall be used to support EPSCoR institutions.

(C) ConsiderationsThe Director shall consider prioritizing funding and activities that enable sustainable growth in the competitiveness of EPSCoR jurisdictions, including—

(i) infrastructure investments to build research capacity in EPSCoR jurisdictions;

(ii) scholarships, fellowships, and traineeships within new and existing programs, to promote the development of sustainable research and academic personnel;

(iii) partnerships between eligible organizations in EPSCoR and non-EPSCoR jurisdictions, to develop administrative, grant management, and proposal writing capabilities in EPSCoR jurisdictions;

(iv) capacity building activities for emerging research institutions, historically Black colleges and universities, Tribal Colleges or Universities, and minority serving institutions, consistent with this section and section 19183 of this title; and

(v) leveraging the Partnerships for Innovation program, as well as the Foundation coordination role in the Department of Commerce technology and innovation hub program under section 3722a of title 15 as added by section 10621, to build sustainable innovation ecosystems in EPSCoR jurisdictions.

(D) Merit review

(E) Consortia

(F) Annual reportingBeginning with the fiscal year 2023, the Director shall submit to Congress a report describing—

(i) the Foundation’s implementation of this paragraph;

(ii) progress in building research capacity, including both infrastructure and personnel, in EPSCoR jurisdictions, including at historically Black colleges and universities, Tribal Colleges or Universities, minority-serving institutions, and emerging research institutions; and

(iii) if the Foundation does not meet the requirement described in subparagraph (A), an explanation relating thereto and a plan for compliance in the following fiscal year and remediation.

(G) Analysis and sustainability reportNot later than December 31, 2026, the Director shall submit to Congress a report containing an analysis of the impacts of the requirements under subparagraphs (A) and (B). The report shall include—

(i) an analysis of how the requirements under this paragraph affected the balance of total funding awarded by the Foundation to states and territories across the United States;

(ii) an analysis of any changes in award success and total funding awarded to Historically black colleges and universities, Tribal Colleges or Universities, minority-serving institutions, and emerging research institutions between

(iii) an analysis of the gains in academic research capacity, quality, and competitiveness and in science and technology human resource development in EPSCoR jurisdictions made between August 9, 2022, and December 31, 2026;

(iv) an assessment of EPSCoR eligibility criteria and determination on whether new eligibility criteria should be developed based on the findings from clauses (i), (ii), and (iii); and

(v) a plan to sustain and grow improvements in research capacity and competitiveness in EPSCoR jurisdictions.

(H) EPSCoR eligibility

(i) In general

(ii) Report

(b) Fostering STEM research diversity and capacity program

(1) In general

(2) Eligible institution defined

(3) Purpose

(4) RequirementsIn carrying out this program, the Director shall—

(A) require eligible institutions seeking funding under this subsection to submit an application to the Director at such time, in such manner, containing such information and assurances as the Director may require. The application shall include, at a minimum a description of how the eligible institution plans to sustain the proposed activities beyond the duration of the award;

(B) require applicants to identify disciplines and focus areas in which the eligible institution can excel, and explain how the applicant will use the award to build capacity to bolster the institutional research competitiveness of eligible entities to support awards made by the Foundation and increase regional and national capacity in STEM;

(i) development or expansion of research programs in disciplines and focus areas in subparagraph (B);

(ii) faculty recruitment and professional development in disciplines and focus areas in subparagraph (B), including for early-career researchers;

(iii) stipends for undergraduate and graduate students participating in research in disciplines and focus areas in subparagraph (B);

(iv) acquisition of instrumentation necessary to build research capacity at an eligible institution in disciplines and focus areas in subparagraph (B);

(v) an assessment of capacity-building and research infrastructure needs;

(vi) administrative research development support; and

(vii) other activities necessary to build research capacity; and

(D) require that no eligible institution should receive more than $10,000,000 in any single year of funds made available under this section.

(5) Additional considerationsIn making awards under this subsection, the Director may also consider—

(A) the extent to which the applicant will support students from diverse backgrounds, including first-generation undergraduate students;

(B) the geographic and institutional diversity of the applying institutions; and

(C) how the applicants can leverage public-private partnerships and existing partnerships with Federal Research Agencies.

(6) Duplication

(7) ReportThe Director shall submit a report to Congress after the third year of the program that includes—

(A) an assessment of the effectiveness of the program for growing the geographic and institutional diversity of institutions of higher education receiving research awards from the Foundation;

(B) an assessment of the quality, quantity, and geographic and institutional diversity of institutions of higher education conducting Foundation-sponsored research since the establishment of the program in this subsection;

(C) an assessment of the quantity and diversity of undergraduate and graduate students graduating from eligible institutions with STEM degrees; and

(D) statistical summary data on the program, including the geographic and institutional allocation of award funding, the number and diversity of supported graduate and undergraduate students, and how it contributes to capacity building at eligible entities.

(8) Authorization of appropriations

(1) In general

(2) RequirementsIn carrying out this program, the Director shall—

(A) require that each proposal submitted by a multi-institution collaboration for an award, including those under part G of this subchapter, that exceeds $1,000,000, as appropriate, specify how the applicants will support substantive, meaningful, sustainable, and mutually beneficial partnerships with one or more emerging research institutions;

(B) require recipients funded under this subsection to direct no less than 35 percent of the total award to one or more emerging research institutions;

(C) require recipients funded under this subsection to report on the partnership activities as part of the annual reporting requirements of the Foundation; and

(D) solicit feedback on the partnership directly from partner emerging research institutions, in such form as the Director deems appropriate.

(3) Capacity building

(4) ReportThe Director shall submit a report to Congress after the third year of the pilot program that includes—

(A) an assessment, drawing on feedback from the research community and other sources of information, of the effectiveness of the pilot program for improving the quality of partnerships with emerging research institutions; and

(B) if deemed effective, a plan for permanent implementation of the pilot program.

(Pub. L. 117–167, div. B, title III, § 10325, Aug. 9, 2022, 136 Stat. 1539.)

§ 19015. Diversity in tech research

The Director shall make awards, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support basic, applied, and use-inspired research that yields a scientific evidence base for improving the design and emergence, development and deployment, and management and ultimate effectiveness of entities involved in technology research, including research related to diversity and inclusion in the technology sector.

(Pub. L. 117–167, div. B, title III, § 10326, Aug. 9, 2022, 136 Stat. 1544.)

§ 19016. Chief Diversity Officer of the NSF

(a) Chief Diversity Officer

(1) Appointment

(2) QualificationsThe Chief Diversity Officer shall have significant experience, within the Federal Government and the science community, with diversity- and inclusion-related matters, including—

(A) civil rights compliance;

(B) harassment policy, reviews, and investigations;

(D) disability policy.

(b) DutiesThe Chief Diversity Officer is responsible for providing advice on policy, oversight, guidance, and coordination with respect to matters of the Foundation related to diversity and inclusion, including ensuring the geographic diversity of the Foundation programs. Other duties may include—

(1) establishing and maintaining a strategic plan that publicly states a diversity definition, vision, and goals for the Foundation;

(2) defining a set of strategic metrics that are—

(A) directly linked to key organizational priorities and goals;

(B) actionable; and

(3) advising in the establishment of a strategic plan for diverse participation by individuals and institutions of higher education, including community colleges, historically Black colleges and universities, Tribal Colleges or Universities, minority serving institutions, institutions of higher education with an established STEM capacity building program focused on Native Hawaiians or Alaska Natives, and EPSCoR institutions); 1

1 So in original. The closing parenthesis probably should not appear.

(4) advising in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented populations;

(5) advising on a diversity and inclusion strategy for the Foundation’s portfolio of PreK–12 STEM education focused programs and activities, including goals for addressing barriers to participation;

(6) advising on the application of the Foundation’s broader impacts review criterion; and

(7) performing such additional duties and exercise such powers as the Director may prescribe.

(Pub. L. 117–167, div. B, title III, § 10327, Aug. 9, 2022, 136 Stat. 1544.)

§ 19017. Research and dissemination to increase the participation of women and underrepresented minorities in STEM fields

(a) In general

(b) Use of funds

An eligible entity that receives an award under this subsection shall use such award funds to carry out one or more of the following activities designed to increase the participation of women or minorities historically underrepresented in STEM, or both:

(1) Research to analyze the record-level data collected under sections 19152 and 19154 of this title, consistent with policies to ensure the privacy of individuals identifiable by such data.

(2) Research to study best practices for work-life accommodation.

(3) Research to study the impact of policies and practices that are implemented or are otherwise consistent with the purposes of this section.

(4) Mentoring programs that facilitate engagement of STEM professionals with students.

(5) Research experiences for undergraduate and graduate students in STEM fields.

(6) Outreach to elementary school and secondary school students to provide opportunities to increase their exposure to STEM fields.

The Director shall carry out dissemination activities consistent with the purposes of this section, including—

(1) collaboration with other Federal research agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcoming common barriers to work-life accommodation; and

(2) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices.

(d) Authorization of appropriations

(Pub. L. 117–167, div. B, title III, § 10328, Aug. 9, 2022, 136 Stat. 1545.)

§ 19018. Intramural emerging research institutions pilot program

(a) Establishment

(b) Components

Pilot programs under this section may include—

(1) a mentorship program;

(2) award application writing technical assistance;

(3) targeted outreach, including to a historically Black college or university, a Tribal college or university, or a minority-serving institution (including a Hispanic-serving institution or an institution of higher education with an established STEM capacity building program focused on Native Hawaiians or Alaska Natives);

(4) programmatic support or solutions for institutions or entities that do not have an experienced award management office;

(5) an increase in the number of award proposal 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 investigator, when paired with regular mentoring on the administrative aspects of award management.

(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 requirement under section 1862(e) of this title.

(Pub. L. 117–167, div. B, title III, § 10330, Aug. 9, 2022, 136 Stat. 1550.)