|
Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
<br />(1) Recipients of DHS research and development (R&D) awards must report to the
<br />DHS Component research program office any finding or determination of sex based
<br />and sexual harassment and/or an administrative or disciplinary action taken against
<br />principal investigators or co -investigators to be completed by an authorized
<br />organizational representative (AOR) at the recipient institution. (2) Notification. An
<br />AOR must disclose the following information to agencies within 10 days of the
<br />date/the finding is made, or 10 days from when a recipient imposes an
<br />administrative action on the reported individual, whichever is sooner. Reports
<br />should include: (a) Award number, (b) Name of PI or Co -PI being reported, (c)
<br />Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email
<br />address, (f) Indication of the report type: (i) Finding or determination has been made
<br />that the reported individual violated awardee policies or codes of conduct, statutes,
<br />or regulations related to sexual harassment, sexual assault, or other forms of
<br />harassment, including the date that the finding was made. (ii) Imposition of an
<br />administrative or disciplinary action by the recipient on the reporting individual
<br />related to a finding/determination or an investigation of an alleged violation of
<br />recipient policy or codes of conduct, statutes, or regulations, or other forms of
<br />harassment. (iii) The date and nature of the administrative/disciplinary action,
<br />including a basic explanation or description of the event, which should not disclose
<br />personally identifiable information regarding any complaints or individuals involved.
<br />Any description provided must be consistent with the Family Educational Rights in
<br />Privacy Act. (3) Definitions. (a) An "authorized organizational representative (AOR)"
<br />is an administrative official who, on behalf of the proposing institution, is empowered
<br />to make certifications and representations and can commit the institution to the
<br />conduct of a project that an agency is being asked to support as well as adhere to
<br />various agency policies and award requirements. (b) "Principal investigators and
<br />co -principal investigators" are award personnel supported by a grant, cooperative
<br />agreement, or contract under Federal law. (c) A "reported individual" refers to
<br />recipient personnel who have been reported to a federal agency for potential sexual
<br />harassment violations. (d) "Sex based harassment" means a form of sex
<br />discrimination and includes harassment based on sex, sex stereotypes, sex
<br />characteristics, pregnancy or related conditions, sexual orientation, and gender
<br />identity. (e) "Sexual harassment" means unwelcome sexual advances, requests for
<br />sexual favors, and other verbal or physical conduct of a sexual nature when this
<br />conduct explicitly or implicitly affects an individual's employment, unreasonably
<br />interferes with an individual's work performance, or creates an intimidating, hostile,
<br />or offensive work environment, whether such activity is carried out by a supervisor
<br />or by a co-worker, volunteer, or contractor.
<br />Article 9 Civil Rights Act of 1964 — Title VI
<br />Recipients must comply with the requirements of Title VI of the Civil Rights Act of
<br />1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.),
<br />which provides that no person in the United States will, on the grounds of race,
<br />color, or national origin, be excluded from participation in, be denied the benefits of,
<br />or be subjected to discrimination under any program or activity receiving federal
<br />financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R.
<br />Part 21. Recipients of a federal award from the Federal Emergency Management
<br />Agency (FEMA) must also comply with FEMA's implementing regulations at 44
<br />C.F.R. Part 7.
<br />Article 10
<br />Civil Rights Act of 1968
<br />Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.
<br />90284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients
<br />from discriminating in the sale, rental, financing, and advertising of dwellings, or in
<br />the provision of services in connection. therewith, on the basis of race, color,
<br />national origin, religion, disability, familial status, and sex, as implemented by the
<br />U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The
<br />prohibition on disability discrimination includes the requirement that new multifamily
<br />housing with four or more dwelling units— i.e., the public and common use areas
<br />and individual apartment units (all units in buildings with elevators and ground -floor
<br />units in buildings without elevators) —be designed and constructed with certain
<br />accessible features. (See 24 C.F.R. Part 100, Subpart D.)
<br />DHS-FEMA-EMPG-FY25
<br />Page 31 of 50 City of Everett, E26-223
<br />
|