Title 42, The Public Health and WelfareRelease 119-110

§19014 Expanding Geographic and Institutional Diversity in Research

Title 42 › CHAPTER 163 — RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION › SUBCHAPTER III — NATIONAL SCIENCE FOUNDATION FOR THE FUTURE › Part C — Broadening Participation › § 19014

Last updated Sep 23, 2026|Official source

Summary

The National Science Foundation must set aside growing shares of its research and education money for EPSCoR jurisdictions — places that get less federal research funding — while excluding funds for polar research and facility operations. For research and related activities, the Foundation must award at least 15.5% in fiscal year 2023, 16% in 2024, 16.5% in 2025, 17% in 2026, 18% in 2027, 19% in 2028, and 20% in 2029 to EPSCoR institutions. For scholarships, fellowships, traineeships, and postdoctoral awards (including community colleges), at least 16% in 2023, 18% in 2024, and 20% in 2025–2029 must support EPSCoR institutions. The Foundation must focus on things that build lasting research strength, like labs and equipment, student and faculty support, partnerships with well-funded institutions, and help for HBCUs, Tribal colleges, minority-serving, and emerging research schools. Awards must still follow merit review rules. If a consortium is led by an EPSCoR institution, the full award can count toward the EPSCoR totals. The Director must report to Congress every year starting with fiscal year 2023 on how these goals are being met, and explain plans if they are not. By December 31, 2026, the Director must send a study showing how the rules affected funding across states and institutions, changes for HBCUs/TCUs/MSIs/emerging institutions since August 9, 2022, gains in research capacity, whether EPSCoR eligibility rules should change, and a plan to keep growing capacity. Current EPSCoR areas stay eligible for five years from August 9, 2022; the Director must report by December 31, 2028 on any new eligibility rules and options to help nearby low-funded regions. The Foundation must also run a competitive program of grants to colleges and universities that are not among the top 100 in federal research spending, to grow student, faculty, and institutional research capacity and keep diverse students in STEM. Applications must show how the work will last after the grant and name focus areas where the school can excel. Grants can fund new research programs, faculty hiring and training, student stipends, equipment, needs assessments, and administrative support. No eligible institution may get more than $10,000,000 in any single year from this authority. The Foundation should avoid duplicating other programs, consider student diversity and geographic spread, and report to Congress after three years on results. Congress authorized $150,000,000 per year for fiscal years 2023–2027 for this work. The Director must also run a five-year pilot to fund partnerships with emerging research institutions; proposals over $1,000,000 must show how they will support real, lasting partnerships, and at least 35% of each award must go to the emerging research partners. The pilot must support capacity building like faculty pay, student research experiences, and equipment upkeep, and the Director must report after three years on whether to make the pilot permanent.

Full Legal Text

Title 42, §19014

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Continuing support for EPSCoR (b) Fostering STEM research diversity and capacity program
(1)Sense of Congress
It 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 general
To 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)Scholarships
To 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)Considerations
The 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
The Director shall achieve the percentages specified in this paragraph to the maximum extent practicable, consistent with the National Science Foundation merit review process.
(E)Consortia
In the case of an award to a consortium, the Director may count the entire award toward meeting the funding requirements of subparagraph (A) if the lead entity of the consortium is located in an EPSCoR institution
(F)Annual reporting
Beginning 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 report
Not 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 August 9, 2022, and December 31, 2026;
(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
The Director shall ensure eligibility for current EPSCoR jurisdictions for five years from August 9, 2022, after which the Director shall determine whether new eligibility criteria should be developed based on the findings in the report required under subparagraph (G).
(ii)Report
Not later than December 31, 2028, the Director shall report to Congress regarding any new eligibility criteria determined under clause (i), any changes to jurisdictional eligibility based on such criteria, and the necessity and practicality of continuing or modifying the requirement under subparagraph (A) given any such changes to eligibility. The report shall include an analysis of options to support regions in non-EPSCoR jurisdictions, adjacent to EPSCoR jurisdictions, that historically receive disproportionately low levels of funding from the Foundation, including, if appropriate, options to expand the EPSCoR program or to establish new programs.
(c)Partnerships with emerging research institutions
(1)In general
The Director shall establish a five-year pilot program for awards to research partnerships that involve emerging research institutions and may involve institutions classified as very high research activity by the Carnegie Classification of Institutions of Higher Education at the time of application.
(2)Requirements
In 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
Funds awarded to emerging research institutions under this subsection may be used to build research capacity, including through support for faculty salaries and training, field and laboratory research experiences for undergraduate and graduate students, and maintenance and repair of research equipment and instrumentation.
(4)Report
The 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 10621, referred to in subsec. (a)(3)(C)(v), is section 10621 of div. B of Pub. L. 117–167, which enacted section 3722a and 3722b of Title 15, Commerce and Trade, amended section 3723 of Title 15, and enacted provisions set out as notes under section 3722a and 3722b of Title 15. August 9, 2022, referred to in subsec. (a)(3)(G)(ii), (iii), was in the original “the date of enactment” in cl. (ii) and “the enactment of this Act” in cl. (iii), and both instances were translated as meaning the date of enactment of Pub. L. 117–167, which was approved Aug. 9, 2022. Codification Section is comprised of section 10325 of div. B of Pub. L. 117–167. Subsec. (a)(2) of section 10325 of div. B of Pub. L. 117–167 amended section 1862p–9 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 19014

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110