42 USC CHAPTER 163, SUBCHAPTER III, Part B: STEM Education
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42 USC CHAPTER 163, SUBCHAPTER III, Part B: STEM Education
From Title 42—THE PUBLIC HEALTH AND WELFARECHAPTER 163—RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATIONSUBCHAPTER III—NATIONAL SCIENCE FOUNDATION FOR THE FUTURE

Part B—STEM Education

§18991. PreK–12 STEM education

(a) National Academies study

Not later than 120 days after August 9, 2022, the Director shall enter into an agreement with the National Academies to conduct a study to—

(1) review the research literature and identify research gaps regarding the interconnected factors that foster and hinder successful implementation of promising, evidence-based PreK–12 STEM education innovations at the local, regional, and national level;

(2) present a compendium of promising, evidence-based PreK–12 STEM education practices, models, programs, and technologies;

(3) identify barriers to widespread and sustained implementation of such innovations; and

(4) make recommendations to the Foundation, the Department of Education, the National Science and Technology Council's Committee on Science, Technology, Engineering, and Mathematics Education, State and local educational agencies, and other relevant stakeholders on measures to address such barriers.

(b) Omitted

(c) [Log 907 S2522] 1 National STEM Teacher Corps pilot

(1) Purpose

It is the purpose of this subsection to elevate the profession of STEM teaching by establishing a National STEM Teacher Corps pilot program to recognize outstanding STEM teachers in our Nation's classrooms, rewards 2 them for their accomplishments, elevates 3 their public profile, and creates 4 rewarding career paths to which all STEM teachers can aspire, both to prepare future STEM researchers and to create a scientifically literate public.

(2) Definitions

In this subsection:

(A) Administrator

The term "Administrator" means the Administrator of the National STEM Teacher Corps.

(B) Eligible entity

The term "eligible entity" means—

(i) an institution of higher education; or

(ii) a consortium consisting of an institution of higher education and one or more of the following:

(I) A State educational agency (as defined in section 7801 of title 20).

(II) A local educational agency (as defined in section 7801 of title 20).

(III) An education nonprofit Association.

(IV) A cross sector 5 STEM organization.

(V) A private entity, including a STEM-related business.

(C) High-need school

The term "high-need school" has the meaning given the term in section 6631(b) of title 20.

(D) Professional development

The term "professional Development" 6 has the meaning given the term in section 7801 of title 20.

(E) Corps Alliance

The term "Corps Alliance" means a regionally or topically based award under this subsection.

(F) National STEM Teacher Corps Advisory Board

The term "National STEM Teacher Corps Advisory Board" means the Advisory Board for the National STEM Teacher Corps established under paragraph (5).

(3) Establishment of National STEM Teacher Corps

The Director may, subject to the availability of appropriations, establish within the Foundation, a National STEM Teacher Corps 10-year pilot program to be administered by the Administrator, who shall be appointed by the Director. As appropriate, the Director may use existing NSF programs to establish and execute this program.

(4) Duties of the Administrator

The Administrator shall—

(A) create a process and standards for selection of eligible applicants to become members of the National STEM Teacher Corps, including—

(i) uniform selection criteria that includes 7

(I) deep knowledge of STEM content and pedagogy;

(II) a passion for STEM subjects and dedication to teaching, evidence of leadership skills, and potential for continued career growth as an educator; and

(III) demonstrated experience increasing STEM student achievement and STEM participation rates for all students, particularly those from rural and high-need schools; and


(ii) a uniform selection process, including a comprehensive application that includes recommendations and other relevant professional information;


(B) promote the National STEM Teacher Corps and elevate best practices that emerge from the National STEM Teacher Corps to a national audience;

(C) evaluate the operation and effectiveness of the Corps alliances; and

(D) evaluate the overall and long-term impact of the National STEM Teacher Corps by—

(i) documenting, monitoring, and assessing the program outcomes or impact on the STEM careers of participants; and

(ii) documenting, monitoring, and assessing the program outcomes for the STEM education profession nationwide, particularly for rural and high-need schools.

(5) National STEM Teacher Corps Advisory Board

(A) Establishment

There is established a National STEM Teacher Corps Advisory Board to advise the Director on matters pertaining to the National STEM Teacher Corps for the length of the pilot program.

(B) Composition

(i) In general

The membership of the National STEM Teacher Corps Advisory Board shall—

(I) be appointed by the Director;

(II) include a representative from each of the following: School leaders, STEM researchers, STEM education researchers, Business leaders, PreK–12 STEM educators, and Students pursuing a postsecondary STEM degree; and

(III) be geographically diverse.

(ii) Existing committee

The Director may assign the duties of the National STEM Teacher Corps Advisory Board to another advisory committee of the Foundation.

(6) Duties of the Corps alliances

Subject to the availability of appropriated funds, the Administrator may make awards on a competitive, merit-review basis, to establish Corps alliances at eligible entities. Activities carried out by such alliances shall include—

(A) engaging local partners, which may include local educational agencies, institutions of higher education, STEM organizations, or education nonprofit organizations, to—

(i) develop and serve the community of National STEM Teacher Corps members within the region or topic area, in coordination with local partners to carry out day-to-day activities;

(ii) coordinate professional development activities, including activities led by National STEM Teacher Corps members;

(iii) connect National STEM Teacher Corps members with existing educator professional development programs and coordinate members' involvement as cooperating teachers or mentors;

(iv) seek opportunities to involve teachers who are not members of the National STEM Teacher Corps to participate in National STEM Teacher Corps activities; and

(v) build partnerships with existing education organizations and other efforts by State educational agencies and local educational agencies that operate programs relevant to the National STEM Teacher Corps and its activities;


(B) recruiting eligible applicants, with a focus on recruiting diverse STEM educators to advance equity based on race, ethnicity, sex, socioeconomic status, age, disability status, geography, and language ability;

(C) screening, interviewing, and selecting members of the National STEM Teacher Corps using procedures and standards provided by the Administrator;

(D) coordinating the online network that supports all National STEM Teacher Corps members in the region or topic area;

(E) convening occasional meetings of National STEM Teacher Corps members in a region or topic area;

(F) creating opportunities for the professional growth of National STEM Teacher Corps members, with a focus on increasing STEM student achievement and STEM participation rates for all students, particularly those from rural and high-need schools; and

(G) supporting the retention and success of National STEM Teacher Corps members in the region or topic area.

(7) Duties of members of the National STEM Teacher Corps

An applicant that is selected by a Corps alliance to be a member of the National STEM Teacher Corps shall—

(A) serve a 4-year term with a possibility of reappointment;

(B) receive an annual stipend in an amount not less than $10,000; and

(C) have substantial responsibilities, including—

(i) working with other members of the National STEM Teacher Corps to develop and improve innovative teaching practices, including practices such as inquiry-based learning;

(ii) participating in professional development in innovative teaching methodology and mentorship; and

(iii) continuing to excel in teaching the member's own students, with a focus on advancing equity by spending additional time teaching and coaching underserved students to increase STEM student achievement and STEM participation rates for students from rural and high-need schools.

(8) Evaluation

The Director, acting through the Administrator, shall submit a report to Congress after the third year of the pilot program that includes—

(A) an assessment, drawing on the evaluations the Administrator shall conduct under subparagraphs (C) and (D) of paragraph (4), and other sources of information, of the effectiveness of the pilot program in recruiting and retaining high-quality STEM teachers in the selected regions or topic areas, particularly in high-need and rural schools; and

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

(9) Sunset

The authority to carry out this subsection shall terminate on the date that is 15 years after August 9, 2022.

(10) Authorization of appropriations

There are authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2032 to carry out this subsection.

(Pub. L. 117–167, div. B, title III, §10311, Aug. 9, 2022, 136 Stat. 1510.)


Editorial Notes

Codification

Section is comprised of section 10311 of div. B of Pub. L. 117–167. Subsec. (b) of section 10311 of div. B of Pub. L. 117–167 amended section 1862q of this title.

1 So in original.

2 So in original. Probably should be "reward".

3 So in original. Probably should be "elevate".

4 So in original. Probably should be "create".

5 So in original. Probably should be "cross-sector".

6 So in original. Probably should not be capitalized.

7 So in original. Probably should be "include".

§18992. Undergraduate STEM education

(a) Research on STEM education and workforce needs

The Director shall make awards, on a competitive basis, to four-year institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support research and development activities to—

(1) encourage greater collaboration and coordination between institutions of higher education and industry to enhance education, foster hands-on learn experiences, and improve alignment with workforce needs;

(2) understand the current composition of the STEM workforce and the factors that influence growth, retention, and development of that workforce;

(3) increase the size, diversity, capability, and flexibility of the STEM workforce; and

(4) increase dissemination and widespread adoption of effective practices in undergraduate education and workforce development.

(b) Omitted

(c) Innovations in STEM education at community colleges

(1) In general

The Director shall make awards on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to advance research on the nature of learning and teaching at community colleges and to improve outcomes for students who enter the workforce upon completion of their STEM degree or credential or transfer to 4-year institutions, including by—

(A) examining how to scale up successful programs at community colleges that are improving student outcomes in foundational STEM courses;

(B) supporting research on effective STEM teaching practices in community college settings;

(C) designing and developing new STEM curricula;

(D) providing STEM students with hands-on training and research experiences, internships, and other experiential learning opportunities;

(E) increasing access to high quality STEM education through new technologies;

(F) re-skilling or up-skilling incumbent workers for new STEM jobs;

(G) building STEM career and seamless transfer pathways; and

(H) developing novel mechanisms to identify and recruit talent into STEM programs, in particular talent from groups historically underrepresented in STEM.

(2) Partnerships

In carrying out activities under this subsection, the Director shall encourage applications to develop, enhance, or expand cooperative STEM education and training partnerships between institutions of higher education, industry, and labor organizations.

(d) Improving access to STEM education at career and technical education institutions

(1) In general

The Director shall make awards, on a competitive basis, to institutions of higher education (including postsecondary vocational institutions) to support career and technical education in STEM and computer science related fields.

(2) Priority

In making awards under this subsection, the Director shall give priority to institutions that demonstrate effective strategies to recruit and provide career and technical education to veterans and members of the Armed Forces transitioning to the private sector workforce.

(3) Career and technical education defined

In this subsection, the term "career and technical education" has the meaning given that term in section 2302 of title 20.

(e) Course-based undergraduate research experiences

(1) In general

The Director shall carry out a 4-year pilot program under which the Director shall make awards, on a competitive basis, to institutions of higher education and nonprofit organizations (or consortia of such institutions or organizations) to establish a total of not fewer than five Centers to develop and scale up successful models for providing undergraduate students with hands-on, course-based research experiences.

(2) Use of funds

Awards made under this paragraph shall be used to—

(A) develop, assess, and disseminate models for providing undergraduate students with course-based research experiences across STEM disciplines and education levels;

(B) identify and address opportunities and challenges in facilitating implementation across a broad range of institution types, including historically Black colleges and universities, Tribal Colleges or Universities, minority serving institutions and community colleges;

(C) identify and develop best practices to address barriers for faculty, including institutional culture, resources, and incentive structures;

(D) identify and address factors that may facilitate or discourage participation by students from all backgrounds;

(E) provide faculty with curriculum, professional development, training, networking opportunities, and other support to enable the development, adaptation, or expansion of a course-based research experience; and

(F) collect data and carry out research to evaluate the impacts of course-based undergraduate research experiences on the STEM workforce.

(3) Partnerships

In making awards under this paragraph, the Director shall consider the extent to which the proposed Center will establish partnerships among multiple types of academic institutions, including community colleges, emerging research institutions, EPSCoR institutions, historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions, the private sector, and other relevant stakeholders in supporting programs and activities to facilitate faculty training and the widespread and sustained implementation of promising, evidence-based practices, models, programs, and curriculum.

(4) Report

Not later than 180 days after the date on which the pilot program is completed, the Director shall submit to Congress a report that includes—

(A) an assessment, that includes feedback from the research community, of the effectiveness of the pilot program in increasing the number, diversity, and workforce readiness of STEM graduates; and

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

(Pub. L. 117–167, div. B, title III, §10312, Aug. 9, 2022, 136 Stat. 1516.)


Editorial Notes

Codification

Section is comprised of section 10312 of div. B of Pub. L. 117–167. Subsec. (b) of section 10312 of div. B of Pub. L. 117–167 amended section 1862i of this title. Subsec. (f) of section 10312 of div. B of Pub. L. 117–167 amended sections 1862h, 1862i, and 1862j of this title.

§18993. Graduate STEM education

(a) Mentoring and professional development

(1) Mentoring plans

(A) Omitted

(B) Evaluation

Not later than 120 days after August 9, 2022, the Director shall enter into an agreement with a qualified independent organization to evaluate the effectiveness of the postdoctoral mentoring plan requirement for improving mentoring for Foundation-supported postdoctoral researchers.

(2) Career exploration

(A) In general

The Director shall make awards, on a competitive basis, to institutions of higher education and nonprofit organizations (or consortia of such institutions or organizations) to develop innovative approaches for facilitating career exploration of academic and nonacademic career options and for providing opportunity-broadening experiences, including work-integrated opportunities, for graduate students and postdoctoral scholars that can then be considered, adopted, or adapted by other institutions and to carry out research on the impact and outcomes of such activities.

(B) Review of proposals

In selecting award recipients under this subparagraph, the Director shall consider, at a minimum—

(i) the extent to which the administrators of the institution are committed to making the proposed activity a priority; and

(ii) the likelihood that the institution or organization will sustain or expand the proposed activity effort beyond the period of the award.

(3) Development plans

The Director shall require that annual project reports for awards that support graduate students and postdoctoral scholars include certification by the principal investigator that each graduate student and postdoctoral scholar receiving substantial support from such award, as determined by 1 has developed and annually updated an individual development plan to map educational goals, career exploration, and professional development.

(4) Professional development supplement

The Director shall carry out a five-year pilot initiative to award up to 2,500 administrative supplements of up to $2,000 to existing research awards annually, on a competitive basis, to support professional development experiences for graduate students and postdoctoral researchers who receive a substantial portion of their support under such award, as determined by the Director. Not more than 10 percent of supplements awarded under this subparagraph 2 may be used to support professional development experiences for postdoctoral researchers.

(5) Graduate education 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 research on the graduate education system and outcomes of various interventions and policies, including—

(A) the effects of traineeships, fellowships, internships, and teaching and research assistantships on outcomes for graduate students;

(B) the effects of graduate education and mentoring policies and procedures on degree completion, including differences by—

(i) sex, race and ethnicity, and citizenship; and

(ii) student debt load;


(C) the development and assessment of new or adapted interventions, including approaches that improve mentoring relationships, develop conflict management skills, and promote healthy research teams; and

(D) research, data collection, and assessment of the state of graduate student mental health and wellbeing, factors contributing to and consequences of poor graduate student mental health, and the development, adaptation, and assessment of evidence-based strategies and policies to support emotional wellbeing and mental health.

(b) Graduate Research Fellowship Program update

(1) Sense of Congress

It is the sense of Congress that the Foundation should increase the number of new graduate research fellows supported annually over the next 5 years to no fewer than 3,000 fellows.

(2) Omitted

(3) Cybersecurity scholarships and graduate fellowships

The Director shall ensure that students pursuing master's degrees and doctoral degrees in fields relating to cybersecurity are eligible to apply for scholarships and graduate fellowships under the Graduate Research Fellowship Program under section 1869 of this title.

(c) Study on graduate student funding

(1) In general

Not later than 120 days after August 9, 2022, the Director shall enter into an agreement with a qualified independent organization to evaluate—

(A) the role of the Foundation in supporting graduate student education and training through fellowships, traineeships, and other funding models; and

(B) the impact of different funding mechanisms on graduate student experiences and outcomes, including whether such mechanisms have differential impacts on subsets of the student population.

(2) Report

Not later than 1 year after August 9, 2022, the Director shall publish the results of the evaluation carried out under paragraph (1), including a recommendation for the appropriate balance between fellowships, traineeships, and other funding models.

(d) [LOG 165 H10304(g)/S2208] 1 AI scholarship-for-service

(1) Definition of executive agency

In this subsection, the term "executive agency" has the meaning given the term "Executive agency" in section 105 of title 5.

(2) AI scholarship-for-service initiative report

Not later than 1 year after August 9, 2022, the Director, in coordination with the Office of Personnel Management, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a report on the need and feasibility, and if appropriate, plans to implement a program to recruit and train the next generation of artificial intelligence professionals to meet the needs of Federal, State, local, and Tribal governments. The report shall include—

(A) recent statistical data on the size, composition, and educational requirements of the Federal AI workforce, including an assessment of current and future demand for additional AI professionals across the Federal Government;

(B) an assessment of the capacity of institutions of higher education to produce graduates with degrees, certifications, and relevant skills related to artificial intelligence that meet the current and future needs of the Federal workforce; and

(C) an evaluation of the need for and feasibility of establishing a scholarship-for-service program to recruit and train the next generation of artificial intelligence professionals to meet the needs of Federal, State, local, and Tribal governments, including opportunities for leveraging existing processes and resources for administering the Federal Cyber Scholarship-for-Service Program established under section 7442 of title 15 in standing up such a program.

(3) Program establishment

Upon submitting the report required in paragraph (2), the Director, in coordination with the Director of the Office of Personnel Management, the Director of the National Institute of Standards and Technology, and the heads of other agencies with appropriate scientific knowledge, is authorized to establish a Federal artificial intelligence scholarship-for-service program (referred to in this section as the Federal AI Scholarship-for-Service Program) to recruit and train artificial intelligence professionals to lead and support the application of artificial intelligence to the missions of Federal, State, local, and Tribal governments.

(4) Qualified institution of higher education

The Director, in coordination with the heads of other agencies with appropriate scientific knowledge, shall establish criteria to designate qualified institutions of higher education that shall be eligible to participate in the Federal AI Scholarship-for-Service program. Such criteria shall include—

(A) measures of the institution's demonstrated excellence in the education of students in the field of artificial intelligence; and

(B) measures of the institution's ability to attract and retain a diverse and nontraditional student population in the fields of science, technology, engineering, and mathematics, which may include the ability to attract women, minorities, and individuals with disabilities.

(5) Program description and components

The Federal AI Scholarship-for-Service Program shall—

(A) provide scholarships through qualified institutions of higher education to students who are enrolled in programs of study at institutions of higher education leading to degrees or concentrations in or related to the artificial intelligence field;

(B) provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal workforce focusing on AI projects or research;

(C) prioritize the employment placement of scholarship recipients in executive agencies;

(D) identify opportunities to promote multi-disciplinary programs of study that integrate basic or advanced AI training with other fields of study, including those that address the social, economic, legal, and ethical implications of human interaction with AI systems;

(E) support capacity-building education research programs that will enable postsecondary educational institutions to expand their ability to train the next-generation AI workforce, including AI researchers and practitioners;

(F) create courses or training programs in technology ethics for students receiving scholarships; and

(G) award fellowships to masters and doctoral students who are pursuing degrees or research in artificial intelligence and related fields, including in the field of technology ethics.

(6) Scholarship amounts

Each scholarship under paragraph (5) shall be in an amount that covers the student's tuition and fees at the institution for not more than 3 years and provides the student with an additional stipend.

(7) Post-award employment obligations

Each scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student's degree, in the AI mission of—

(A) an executive agency;

(B) Congress, including any agency, entity, office, or commission established in the legislative branch;

(C) an interstate agency;

(D) a State, local, or Tribal government, which may include instruction in AI-related skill sets in a public school system; or

(E) a State, local, or Tribal government-affiliated nonprofit entity that is considered to be critical infrastructure (as defined in section 5195c(e) of this title).

(8) Hiring authority

(A) Appointment in excepted service

Notwithstanding any provision of chapter 33 of title 5, governing appointments in the competitive service, an executive agency may appoint an individual who has completed the eligible degree program for which a scholarship was awarded to a position in the excepted service in the executive agency.

(B) Noncompetitive conversion

Except as provided in subparagraph (D), upon fulfillment of the service term, an employee appointed under subparagraph (A) may be converted noncompetitively to term, career-conditional, or career appointment.

(C) Timing of conversion

An executive agency may noncompetitively convert a term employee appointed under subparagraph (B) to a career-conditional or career appointment before the term appointment expires.

(D) Authority to decline conversion

An executive agency may decline to make the noncompetitive conversion or appointment under subparagraph (B) for cause.

(9) Eligibility

To be eligible to receive a scholarship under this section, an individual shall—

(A) be a citizen or lawful permanent resident of the United States;

(B) demonstrate a commitment to a career in advancing the field of AI;

(C) be—

(i) a full-time student in an eligible degree program at a qualified institution of higher education, as determined by the Director;

(ii) a student pursuing a degree on a less than full-time basis, but not less than half-time basis; or

(iii) an AI faculty member on sabbatical to advance knowledge in the field; and


(D) accept the terms of a scholarship under this section.

(10) Conditions of support

(A) In general

As a condition of receiving a scholarship under this section, a recipient shall agree to provide the qualified institution of higher education with annual verifiable documentation of post-award employment and up-to-date contact information.

(B) Terms

A scholarship recipient under this section shall be liable to the United States as provided in paragraph (12) if the individual—

(i) fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Director;

(ii) is dismissed from the applicable institution of higher education for disciplinary reasons;

(iii) withdraws from the eligible degree program before completing the program;

(iv) declares that the individual does not intend to fulfill the post-award employment obligation under this section; or

(v) fails to fulfill the post-award employment obligation of the individual under this section.

(11) Monitoring compliance

As a condition of participating in the program, a qualified institution of higher education shall—

(A) enter into an agreement with the Director to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and

(B) provide to the Director, on an annual basis, the post-award employment documentation required under paragraph (10) for scholarship recipients through the completion of their post-award employment obligations.

(12) Amount of repayment

(A) Less than 1 year of service

If a circumstance described in paragraph (10) occurs before the completion of 1 year of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section shall—

(i) be repaid; or

(ii) be treated as a loan to be repaid in accordance with paragraph (13).

(B) 1 or more years of service

If a circumstance described in clause (iv) or (v) of paragraph (10)(B) occurs after the completion of 1 or more years of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall—

(i) be repaid; or

(ii) be treated as a loan to be repaid in accordance with paragraph (13).

(13) Repayments

A loan described in paragraph (12) shall—

(A) be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.); and

(B) be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education).

(14) Collection of repayment

(A) In general

In the event that a scholarship recipient is required to repay the scholarship award under this section, the qualified institution of higher education providing the scholarship shall—

(i) determine the repayment amounts and notify the recipient and the Director of the amounts owed; and

(ii) collect the repayment amounts within a period of time as determined by the Director, or the repayment amounts shall be treated as a loan in accordance with paragraph (13).

(B) Returned to Treasury

Except as provided in subparagraph (C), any repayment under this subsection shall be returned to the Treasury of the United States.

(C) Retain percentage

A qualified institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Director shall establish a fixed percentage that will apply to all eligible entities, and may update this percentage as needed, in the determination of the Director.

(15) Exceptions

The Director may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable.

(16) Public information

(A) Evaluation

The Director, in coordination with the Director of the Office of Personnel Management, shall annually evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector AI workforce, including information on—

(i) placement rates;

(ii) where students are placed, including job titles and descriptions;

(iii) salary ranges for students not released from obligations under this section;

(iv) how long after graduation students are placed;

(v) how long students stay in the positions they enter upon graduation;

(vi) how many students are released from obligations; and

(vii) what, if any, remedial training is required.

(B) Reports

The Director, in coordination with the Office of Personnel Management, shall submit, not less frequently than once every 3 years, to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives a report, including the results of the evaluation under subparagraph (A) and any recent statistics regarding the size, composition, and educational requirements of the Federal AI workforce.

(C) Resources

The Director, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable—

(i) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the AI field; and

(ii) a modernized description of AI careers.

(17) Refresh

Not less than once every 2 years, the Director, in coordination with the Director of the Office of Personnel Management, shall review and update the Federal AI Scholarship-for-Service Program to reflect advances in technology.

(Pub. L. 117–167, div. B, title III, §10313, Aug. 9, 2022, 136 Stat. 1522.)


Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (d)(13)(A), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Part D of title IV of the Act is classified generally to part D (§1087a et seq.) of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.

Codification

Section is comprised of section 10313 of div. B of Pub. L. 117–167. Subsecs. (a)(1)(A) and (b)(2) of section 10313 of div. B of Pub. L. 117–167 amended sections 1862o and 1869 of this title, respectively.


Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

1 So in original.

2 So in original. Probably should be "paragraph".

§18994. STEM workforce data

(a) Skilled technical workforce portfolio review

(1) In general

Not later than 1 year after August 9, 2022, the Director shall conduct a full portfolio analysis of the Foundation's skilled technical workforce investments across all Directorates in the areas of education, research, infrastructure, data collection, and analysis.

(2) Report

Not later than 180 days after the date of the review under paragraph (1) is complete, the Director shall submit to Congress and make widely available to the public a summary report of the portfolio review.

(b) Survey data

(1) Rotating topic modules

To meet evolving needs for data on the state of the science and engineering workforce, the Director shall assess, through coordination with other Federal statistical agencies and drawing on input from relevant stakeholders, the feasibility and benefits of incorporating questions or topic modules to existing National Center for Science and Engineering Statistics surveys that would vary from cycle to cycle.

(2) New data

Not later than 1 year after August 9, 2022, the Director shall submit to Congress and the Board the results of an assessment, carried out in coordination with other Federal agencies and with input from relevant stakeholders, of the feasibility and benefits of incorporating new questions or topic modules to existing National Center for Science and Engineering Statistics surveys on—

(A) the skilled technical workforce;

(B) working conditions and work-life balance;

(C) harassment and discrimination;

(D) immigration and emigration; and

(E) any other topics at the discretion of the Director.

(3) Longitudinal design

The Director shall continue and accelerate efforts to enhance the usefulness of National Center for Science and Engineering Statistics survey data for longitudinal research and analysis.

(4) Government Accountability Office review

Not later than 1 year after August 9, 2022, the Comptroller General of the United States shall submit a report to Congress that—

(A) evaluates Foundation processes for ensuring the data and analysis produced by the National Center for Science and Engineering Statistics meets current and future needs; and

(B) includes such recommendations as the Comptroller General determines are appropriate to improve such processes.

(Pub. L. 117–167, div. B, title III, §10314, Aug. 9, 2022, 136 Stat. 1529.)

§18995. Cyber workforce development research and development

(a) In general

The Director shall make awards on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to carry out research on the cyber workforce.

(b) Research

In carrying out research pursuant to subsection (a), the Director shall support research and development activities to—

(1) understand the current state of the cyber workforce, including factors that influence growth, retention, and development of that workforce;

(2) examine paths to entry and re-entry into the cyber workforce;

(3) understand trends of the cyber workforce, including demographic representation, educational and professional backgrounds present, competencies available, and factors that shape employee recruitment, development, and retention and how to increase the size, diversity, and capability of the cyber workforce;

(4) examine and evaluate training practices, models, programs, and technologies; and

(5) other closely related topics as the Director determines appropriate.

(c) Requirements

In carrying out the activities described in subsection (b), the Director shall—

(1) collaborate with the National Institute of Standards and Technology, including the National Initiative for Cybersecurity Education, the Department of Homeland Security, the Department of Defense, the Office of Personnel Management, and other Federal departments and agencies, as appropriate;

(2) align with or build on the National Initiative on Cybersecurity Education Cybersecurity Workforce Framework wherever practicable and applicable;

(3) leverage the collective body of knowledge from existing cyber workforce development research and education activities; and

(4) engage with other Federal departments and agencies, research communities, and potential users of information produced under this subsection.

(Pub. L. 117–167, div. B, title III, §10315, Aug. 9, 2022, 136 Stat. 1530.)

§18996. Cybersecurity workforce data initiative

The Director, acting through the National Center for Science and Engineering Statistics established in section 1862p of this title and in coordination with the Director of the National Institute of Standards and Technology and other appropriate Federal statistical agencies, shall establish a cybersecurity workforce data initiative that—

(1) assesses the feasibility of providing nationally representative estimates and statistical information on the cybersecurity workforce;

(2) utilizes the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NIST Special Publication 800–181), or other frameworks, as appropriate, to enable a consistent measurement of the cybersecurity workforce;

(3) utilizes and complements existing data on employer requirements and unfilled positions in the cybersecurity workforce;

(4) consults key stakeholders and the broader community of practice in cybersecurity workforce development to determine data requirements needed to strengthen the cybersecurity workforce;

(5) evaluates existing Federal survey data for information pertinent to developing national estimates of the cybersecurity workforce;

(6) evaluates administrative data and other supplementary data sources, as available, to describe and measure the cybersecurity workforce; and

(7) collects statistical data, to the greatest extent practicable, on credential attainment and employment outcomes information for the cybersecurity workforce.

(Pub. L. 117–167, div. B, title III, §10317, Aug. 9, 2022, 136 Stat. 1531.)

§18997. Microelectronics workforce development activities

(a) Creating helpful initiatives to produce personnel in needed growth industries

(1) In general

The Director shall make awards to institutions of higher education, non-profit organizations, or consortia thereof, for research, development, and related activities to advance innovative approaches to developing, improving, and expanding evidence-based education and workforce development activities and learning experiences at all levels of education in fields and disciplines related to microelectronics.

(2) Purposes

Activities carried out under this section shall be for the purpose of supporting the growth, retention, and development of a diverse and sustainable microelectronics workforce to meet the requirements of the programs established in section 4656(c)(2)(C) of title 15 in support of the evolving needs of industry, academia, government, and Federal laboratories.

(3) Uses of funds

Awards made under this section shall be used to support activities, such as—

(A) development of industry-oriented curricula and teaching modules for topics relevant to microelectronics, including those that provide meaningful hands-on learning experiences;

(B) dissemination of materials developed in subparagraph (A), including through the creation and maintenance of a publicly-accessible database and online portal;

(C) development and implementation of training, research, and professional development programs for teachers, including innovative pre-service and in-service programs, in microelectronics and related fields;

(D) support for learning activities and experiences that provide physical, simulated, or remote access to training facilities and industry-standard processes and tools, including equipment and software for the design, development, manufacturing, and testing of microelectronics;

(E) increasing the integration of microelectronics content into STEM curricula at all education levels;

(F) Growing 1 academic research capacity in microelectronics by incentivizing the hiring of faculty in fields critical to microelectronics;

(G) support for innovative industry pathway programs that connect high school, vocational, military, college, and graduate programs; and

(H) providing informal hands-on microelectronics learning opportunities for PreK-12 students in different learning environments, including competitions.

(4) Advanced microelectronics traineeships

(A) In general

The Director shall make awards to institutions of higher education or nonprofit organizations (or consortia of such institutions and organizations) to establish traineeship programs for graduate students who pursue microelectronics research leading to a masters or doctorate degree by providing funding and other assistance, and by providing graduate students with opportunities for research experiences in government or industry related to the students' microelectronics studies.

(B) Use of funds

Institutions of higher education or non-profit organizations (or consortia of such institutions and organizations) shall use award funds provided under subparagraph (A) for the purposes of—

(i) paying tuition and fees, and providing stipends, for students receiving traineeships who are citizens, nationals, or aliens lawfully admitted for permanent residence;

(ii) facilitating opportunities for scientific internship programs for students receiving traineeships in microelectronics at private industry, nonprofit research institutions, or Federal laboratories; and

(iii) such other costs associated with the administration of the program.

(5) Microelectronics skilled technical workforce programs

The Director shall make awards under the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862h-j) to support programs for skilled technical workers in STEM disciplines that are aligned with skilled workforce needs of the microelectronics industry and lead to an associate's degree, or equivalent certification, by providing funding and other assistance, including opportunities for internships and other hands-on experiences in industry related to the students' microelectronics studies.

(6) Microelectronics research experiences through existing programs

The Director shall seek to increase opportunities for microelectronics research for students and trainees at all levels by encouraging proposals in microelectronics through existing programs including—

(A) research experiences for undergraduates pursuant to section 1862p–6 of this title;

(B) postdoctoral fellowship programs established pursuant to section 1862p–11 of this title;

(C) graduate fellowships established pursuant to section 1869 of this title;

(D) informal STEM education programs established pursuant to section 1862q of this title;

(E) the Robert Noyce Teacher Scholarship Program established pursuant to section 1862n–1 of this title;

(F) major research instrumentation programs established pursuant to section 1862o–14 of this title; and

(G) low-income 2 scholarship program established pursuant to section 1869c of this title.

(7) Industry partnerships

In carrying out the activities under this section, the Director shall encourage awardees to partner with industry and other private sector organizations to facilitate the expansion of workforce pipelines and enable access to industry-standard equipment and software for use in undergraduate and graduate microelectronics education programs.

(8) Interagency coordination

In carrying out activities under this section, the Director shall collaborate with the Subcommittee on Microelectronics Leadership of the National Science and Technology Council, established in subsection (a) of section 4656 of title 15 and the National Semiconductor Technology Center established in subsection (c) of section 4656 of title 15, and other relevant Federal agencies to maintain the effectiveness of microelectronics workforce development activities across the agencies.

(b) National Network for Microelectronics Education

(1) In general

The Director, in coordination with the Secretary of Commerce, shall on a competitive, merit-reviewed basis, make awards to institutions of higher education and non-profit organizations (or consortia of such institutions and organizations) to establish partnerships to enhance and broaden participation in microelectronics education.

(2) Activities

Awards made under this subsection shall be used for the following:

(A) To conduct training and education activities funded by awards under paragraph (1) and in coordination with the Network Coordination Hub established in paragraph (3), including curricula design, development, dissemination, and assessment, and the sharing of information and best practices across the network of awardees.

(B) To develop regional partnerships among associate-degree-granting colleges, bachelor-degree-granting institutions, workforce development programs, labor organizations, and industry to create a diverse national technical workforce trained in microelectronics and ensure education and training is meeting the evolving needs of industry.

(C) To develop local workforce pipelines that align with capacity investments made by industry and the Federal government, including vocational and high school training programs, community college degrees and certificates, veteran post service opportunities, and mentoring.

(D) To facilitate partnerships with employers, employer consortia or other private sector organizations that offer apprenticeships, internships, or applied learning experiences in the field of microelectronics.

(E) To develop shared infrastructure available to institutions of higher education, two-year colleges, and private organizations to enable experiential learning activities and provide physical or digital access to training facilities and industry-standard tools and processes.

(F) To create and disseminate public outreach to support awareness of microelectronics education and career opportunities, including through outreach to PreK–12 schools and STEM-related organizations.

(G) To collaborate and coordinate with industry and existing public and private organizations conducting microelectronics education and workforce development activities, as practicable.

(3) Network coordination hub

The Director shall make an award on a competitive, merit-reviewed basis to an institution of higher education or nonprofit organization (or a consortium thereof) to establish a national network of partnerships (referred to in this section as the "National Network for Microelectronics Education") to coordinate activities, best practice sharing, and access to facilities across the partnerships established in accordance with paragraph (1).

(4) Incentivizing participation

To the extent practicable, the Director shall encourage participation in the National Network for Microelectronics Education through the coordination of activities and distribution of awards described in subsection (a).

(5) Partnerships

The Director shall encourage the submission of proposals that are led by historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions or that include partnerships with or among such institutions to increase the recruitment of students from groups historically underrepresented in STEM to pursue graduate studies in microelectronics.

(6) Outreach

In addition to any other requirements as determined appropriate by the Director, the Director shall require that proposals for awards under this section shall include a description of how the applicant will develop and implement outreach activities to increase the participation of women and other students from groups historically underrepresented in STEM.

(7) Coordination across foundation programs

In carrying out the activities under this section, the Director shall ensure awardees coordinate with, and avoid unnecessary duplication of, the activities carried out under this Section 1 with the activities of the 21st Century Nanotechnology Research and Development Act (Public Law 108–153), the National Quantum Initiative Act (Public Law 115–368), and Division E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and other related programs, as appropriate.

(8) Interagency coordination

In carrying out activities under this section, the Director shall collaborate with the Subcommittee on Microelectronics Leadership of the National Science and Technology Council, established in subsection (a) of section 4656 of title 15 and the National Semiconductor Technology Center established in subsection (c) of section 4656 of title 15.

(Pub. L. 117–167, div. B, title III, §10318, Aug. 9, 2022, 136 Stat. 1532.)


Editorial Notes

References in Text

The Scientific and Advanced-Technology Act of 1992, referred to in subsec. (a)(5), is Pub. L. 102–476, Oct. 23, 1992, 106 Stat. 2297, which enacted sections 1862h to 1862j of this title and amended section 1862 of this title. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 1861 of this title and Tables.

Section 1862p–11 of this title, referred to in subsec. (a)(6)(B), was in the original "section 522 of the America COMPETES Act of 2010", and was translated as meaning section 522 of Pub. L. 111–358, the America COMPETES Reauthorization Act of 2010, to reflect the probable intent of Congress.

The 21st Century Nanotechnology Research and Development Act, referred to in subsec. (b)(7), is Pub. L. 108–153, Dec. 3, 2003, 117 Stat. 1923, which is classified generally to chapter 101 (§7501 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 7501 of Title 15 and Tables.

The National Quantum Initiative Act, referred to in subsec. (b)(7), is Pub. L. 115–368, Dec. 21, 2018, 132 Stat. 5092, which is classified generally to chapter 114 (§8801 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 8801 of Title 15 and Tables.

The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (b)(7), is Pub. L. 116–283, Jan. 1, 2021, 134 Stat. 3388. Division E (§§5001–5501) of the Act, also known as the National Artificial Intelligence Initiative Act of 2020, is classified principally to chapter 119 (§9401 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 9401 of Title 15 and Tables.

1 So in original. Probably should not be capitalized.

2 So in original. Probably should be preceded by "the".

§18998. Mandatory cost-sharing

(a) Waiver

The cost-sharing requirements under section 1862o-14(c) of this title for the Major Research Instrumentation Program and under section 1862n-1a(i) of this title for teaching fellowships administered within the Robert Noyce Teacher Scholarship Program are waived for a period of 5 years following August 9, 2022.

(b) Assessment

Not later than 5 years following August 9, 2022, the Director shall submit to Congress an assessment, that includes feedback from the research community, of the impacts of the waivers provided under subsection (a), including—

(1) programmatic and scientific goals;

(2) institutional commitment and stewardship of Federal resources;

(3) institutional strategic planning and administrative burden;

(4) equity among recipient institutions; and

(5) recommendations for or against extending or making permanent such waivers.

(Pub. L. 117–167, div. B, title III, §10320, Aug. 9, 2022, 136 Stat. 1536.)

§18999. Programs to address the STEM workforce

(a) In general

The Director shall issue undergraduate scholarships, including at community colleges, graduate fellowships and traineeships, postdoctoral awards, and, as appropriate, other awards, to address STEM workforce gaps, including for programs that recruit, retain, and advance students to a bachelor's degree in a STEM discipline concurrent with a secondary school diploma, such as through existing and new partnerships with State educational agencies.

(b) Postdoctoral professional development

In carrying out this section, the Director shall encourage innovation in postdoctoral professional development, support the development and diversity of the STEM workforce, and study the impacts of such innovation and support. To do so, the Director may use postdoctoral awards established under subsection (a) or leveraged under subsection (d)(1) for fellowships or other temporary rotational postings of not more than 2 years. Such fellowships or temporary rotational postings shall be awarded—

(1) to qualified individuals who have a doctoral degree and received such degree not earlier than 5 years before the date that the fellowship or temporary rotational posting begins; and

(2) to carry out research at Federal, State, local, and Tribal government research facilities.

(c) Direct hire authority

(1) In general

The head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate described in paragraph (2) directly to a position in the competitive service with the Federal agency for which the candidate meets Office of Personnel Management qualification standards.

(2) Fellowship or temporary rotational posting

Paragraph (1) applies with respect to a former recipient of an award under this subsection who—

(A) earned a doctoral degree in a STEM field from an institution of higher education; and

(B) successfully fulfilled the requirements of the fellowship or temporary rotational posting within a Federal agency.

(3) Limitation

The direct hire authority under this subsection shall be exercised with respect to a specific qualified candidate not later than 2 years after the date that the candidate completed the requirements related to the fellowship or temporary rotational posting described under this subsection.

(d) Existing programs

In carrying out this section, the Director may leverage existing programs, including programs that issue—

(1) postdoctoral awards;

(2) graduate fellowships and traineeships, inclusive of the NSF Research Traineeships and fellowships awarded under the Graduate Research Fellowship Program;

(3) scholarships, research experiences, and internships, including—

(A) scholarships to attend community colleges; and

(B) research experiences and internships under sections 1862p–5, 1862p–6, and 1862p–7 of this title; and


(4) awards to institutions of higher education to enable the institutions to fund innovation in undergraduate and graduate education, increased educational capacity, and the development and establishment of new or specialized programs of study for graduate, undergraduate, or technical college students, and the evaluation of the effectiveness of the programs of study.

(Pub. L. 117–167, div. B, title III, §10321, Aug. 9, 2022, 136 Stat. 1537.)