; or (B) has been found by the institution to have engaged in discrimination, including harassment, on the basis of sex (including gender identity, sexual orientation, pregnancy, childbirth, medical conditions related to pregnancy and childbirth, parental status, and sex stereotype) while the individual was a principal investigator at the institution. . (b) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to require that an institution of higher education make a legal determination that title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.) has been violated in order to conclude that discrimination, including harassment, on the basis of sex (including gender identity, sexual orientation, pregnancy, childbirth, medical conditions related to pregnancy and childbirth, parental status, and sex stereotype) has occurred. 5. Requirements for certain Federal departments and agencies (a) In general Each Federal department or agency authorized to award research and development grants on a competitive basis— (1) when making the final decision of whether to award such a grant to an institution of higher education— (A) shall determine whether any reports have been obtained by the Federal clearinghouse designated by the Director of the Office of Management and Budget under section 7504 of title 31, United States Code; (B) shall determine whether any reports have been filed under paragraph (30)(A) of section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ), as added by section 3, on any individual who will be the principal investigator at the institution of higher education for such grant; and (C) if such a report has been filed, will consider the report when making such decision; and (2) shall keep each report received under such paragraph on an individual— (A) in a case in which during the 10-year period beginning on the date of receipt of such report no additional such report is filed on such individual, for such 10-year period