1. U.S. Code
  2. title 42
  3. chapter 163
  4. subchapter V
  5. part A
  6. § 19157

Collapse to view only § 19157. Merit review

§ 19151. Federal research agency policies for caregivers
(a) OSTP guidanceNot later than 12 months after August 9, 2022, the Director, in consultation with the heads of relevant agencies, shall provide guidance to each Federal research agency to establish policies that—
(1) apply to all—
(A) research awards granted by such agency; and
(B) principal investigators of such research and their trainees, including postdoctoral researchers and graduate students, who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who has a disability or a serious health condition; and
(2) provide, to the extent feasible—
(A) flexibility in timing for the initiation of approved research awards granted by such agency;
(B) no-cost extensions of such research awards;
(C) award supplements, as appropriate, to research awards to sustain research activities conducted under such awards; and
(D) any other appropriate accommodations at the discretion of the director of each such agency.
(b) Uniformity of guidance
(c) Establishment of policiesConsistent, to the extent practicable, with the guidance under subsection (a), Federal research agencies shall—
(1) maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and
(2) broadly disseminate in easily accessible formats such policies to current and potential award recipients.
(d) Data on usageFederal research agencies shall consider—
(1) collecting data, including demographic data that can be disaggregated by sex, geographic location, and socioeconomic indicators, which may include employment status, occupation, educational attainment, parental education, and income, on the usage of the policies under subsection (c), at both institutions of higher education and Federal laboratories; and
(2) reporting such data on an annual basis to the Director in such form as required by the Director.
(Pub. L. 117–167, div. B, title V, § 10501, Aug. 9, 2022, 136 Stat. 1609.)

CITE AS: 42 USC 19151

§ 19152. Collection and reporting of data on Federal research awards
(a) Collection of data
(1) In general
(2) Uniformity and standardization
(3) Record-level data
(A) Requirement
(B) Previous data
(b) Reporting of data
(Pub. L. 117–167, div. B, title V, § 10502, Aug. 9, 2022, 136 Stat. 1610.)

CITE AS: 42 USC 19152

§ 19153. Policies for review of Federal research awards
(a) Assessment of policies
(b) Considerations and activities
In carrying out the requirements under subsection (a), Federal research agencies shall—
(1) review current levels of participation of groups historically underrepresented in STEM in peer-review panels and consider approaches for expanding their participation;
(2) analyze the data collected under section 19152 of this title, including funding rates of proposals from all groups, including those historically underrepresented in STEM;
(3) collect and disseminate best practices to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of groups historically underrepresented in STEM research careers; and
(4) implement evidence-based policies and practices to achieve the goals of this section.
(Pub. L. 117–167, div. B, title V, § 10503, Aug. 9, 2022, 136 Stat. 1610.)

CITE AS: 42 USC 19153

§ 19154. Collection of data on demographics of faculty
(a) Collection of data
(1) In general
(2) Survey considerations
To the extent practicable, the Director of the National Science Foundation shall survey, by sex, race, socioeconomic indicators, which may include employment status, occupation, educational attainment, parental education, and income, geographic location, ethnicity, citizenship status, and years since completion of doctoral degree—
(A) the number and percentage of faculty;
(B) the number and percentage of faculty at each rank;
(C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research;
(D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure;
(E) faculty years in rank;
(F) the number and percentage of faculty to leave tenure-track positions;
(G) the number and percentage of faculty hired, by rank; and
(H) the number and percentage of faculty in leadership positions.
(b) Existing surveys
The Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)—
(1) take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or
(2) make an award to an institution of higher education or nonprofit organization (or consortia thereof) to take such considerations into account.
(c) Reporting data
(d) Authorization of appropriations
(Pub. L. 117–167, div. B, title V, § 10504, Aug. 9, 2022, 136 Stat. 1611.)

CITE AS: 42 USC 19154

§ 19155. Cultural and institutional barriers to expanding the academic and Federal STEM workforce
(a) Best practices
(1) Development of guidanceNot later than 12 months after August 9, 2022, the Director, in consultation with the interagency working group on inclusion in STEM and utilizing existing guidance already developed by Federal research agencies where applicable, shall broadly disseminate to entities that receive Federal research funding best practices for—
(A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying and addressing any cultural or institutional barriers to the recruitment, retention, or advancement of groups historically underrepresented in STEM studies and careers; and
(B) providing educational opportunities, including workshops, for STEM professionals to learn about current research on effective practices for unbiased recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel.
(2) Establishment of policiesConsistent with the guidance developed under paragraph (1)—
(A) The Director of the National Science Foundation, in consultation with the heads of Federal research agencies, shall develop a policy that—
(i) applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and
(ii) requires each such institution, not later than 3 years after
(B) each Federal research agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory and, not later than three years after August 9, 2022, each Federal laboratory shall report to the head of such agency on such practices and policies.
(b) Report to Congress
(Pub. L. 117–167, div. B, title V, § 10505, Aug. 9, 2022, 136 Stat. 1612.)

CITE AS: 42 USC 19155

§ 19156. Existing activities

A Federal research agency may satisfy requirements under this part through activities and programs in existence as of August 9, 2022.

(Pub. L. 117–167, div. B, title V, § 10506, Aug. 9, 2022, 136 Stat. 1612.)

CITE AS: 42 USC 19156

§ 19157. Merit review

Nothing in this part may be construed as altering any intellectual or broader impacts criteria at Federal research agencies for evaluating award applications.

(Pub. L. 117–167, div. B, title V, § 10508, Aug. 9, 2022, 136 Stat. 1613.)

CITE AS: 42 USC 19157

§ 19158. Definition

In this part, the term “Director” means the Director of the Office of Science and Technology Policy.

(Pub. L. 117–167, div. B, title V, § 10510, Aug. 9, 2022, 136 Stat. 1613.)

CITE AS: 42 USC 19158