Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696584977921.pdf (United States)
IIB 116TH CONGRESS 1ST SESSION H. R. 36 IN THE SENATE OF THE UNITED STATES JULY 24, 2019 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To provide for research to better understand the causes and consequences of sexual harassment affecting individ- uals in the scientific, technical, engineering, and mathe- matics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, and for other purposes.
S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j H36 2 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Combating Sexual Harassment in Science Act of 2019’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec.

1.
1.

Short title; table of contents.

Sec.

2.

Findings.

Sec.

3.

Definitions.

Sec.

4.

Research grants.

Sec.

5.

Data collection.

Sec.

6.

Responsible conduct guide.

Sec.

7.

Interagency working group.

Sec.

8.

National academies assessment.

Sec.

9.

Authorization of appropriations.

SEC.

2.

FINDINGS.
Congress makes the following findings: (1) According to the report issued by the Na- tional Academies of Sciences, Engineering, and Med- icine in 2018 entitled ‘‘Sexual Harassment of Women: Climate, Culture, and Consequences in Aca- demic Sciences, Engineering, and Medicine’’— (A) sexual harassment is pervasive in insti- tutions of higher education; (B) the most common type of sexual har- assment is gender harassment, which includes verbal and nonverbal behaviors that convey in- sulting, hostile, and degrading attitudes about members of one gender; H36 HR 36 RFS (C) 58 percent of individuals in the aca- demic workplace experience sexual harassment, the second highest rate when compared to the military, the private sector, and Federal, State, and local government; (D) women who are members of racial or ethnic minority groups are more likely to expe- rience sexual harassment and to feel unsafe at work than White women, White men, or men who are members of such groups; (E) the training for each individual who has a doctor of philosophy in the science, tech- nology, engineering, and mathematics fields is estimated to cost approximately $500,000; and (F) attrition of an individual so trained re- sults in a loss of talent and money.
(2) Sexual harassment undermines career ad- vancement for women.

(3) According to a 2017 University of Illinois study, among astronomers and planetary scientists, 18 percent of women who are members of racial or ethnic minority groups and 12 percent of White women skipped professional events because they did not feel safe attending.
S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j H36 HR 36 RFS 4 (4) Many women report leaving employment at institutions of higher education due to sexual har- assment.
(5) Research shows the majority of individuals do not formally report experiences of sexual harass- ment due to a justified fear of retaliation or other negative professional or personal consequences.

(6) Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility.
(7) There is not adequate communication among Federal science agencies and between such agencies and grantees regarding reports of sexual harassment, which has resulted in harassers receiv- ing Federal funding after moving to a different in- stitution.

SEC.

3.

DEFINITIONS.

In this Act: (1) ACADEMIES.—The term ‘‘Academies’’ means the National Academies of Sciences, Engi- neering, and Medicine.

(2) DIRECTOR.—The term ‘‘Director’’ means the Director of the National Science Foundation.
(3) FEDERAL SCIENCE AGENCY.—The term ‘‘Federal science agency’’ means any Federal agency H36 HR 36 RFS with an annual extramural research expenditure of over $100,000,000.
(4) FINDING OR DETERMINATION.—The term ‘‘finding or determination’’ means the final disposi- tion of a matter involving a violation of organiza- tional policies and processes, to include the exhaus- tion of permissible appeals, or a conviction of a sex- ual offense in a criminal court of law.
(5) GENDER HARASSMENT.—The term ‘‘gender harassment’’ means verbal and nonverbal behaviors that convey hostility, objectification, exclusion, or second-class status about one’s gender, gender iden- tity, gender presentation, sexual orientation, or preg- nancy status.

(6) GRANTEE.—The term ‘‘grantee’’ means the legal entity to which a grant is awarded and that is accountable to the Federal Government for the use of the funds provided.
(7) GRANT PERSONNEL.—The term ‘‘grant per- sonnel’’ means principal investigators, co-principal investigators, postdoctoral researchers and other em- ployees supported by a grant award, cooperative agreement, or contract under Federal law.
(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the H36 HR 36 RFS meaning given such term in section 101 of the High- er Education Act of 1965 (20 U.S.C.

1001).
1001).

(9) SEXUAL HARASSMENT.—The term ‘‘sexual harassment’’ means conduct that encompasses— (A) unwelcome sexual advances; (B) unwanted physical contact that is sex- ual in nature, including assault; (C) unwanted sexual attention, including sexual comments and propositions for sexual ac- tivity; (D) conditioning professional or edu- cational benefits on sexual activity; and (E) retaliation for rejecting unwanted sex- ual attention.
(10) STEM.—The term ‘‘STEM’’ means science, technology, engineering, and mathematics, including computer science.

SEC.

4.

RESEARCH GRANTS.
(a) IN GENERAL.—The Director shall establish a pro- gram to award grants, on a competitive basis, to institu- tions of higher education or nonprofit organizations (or consortia of such institutions or organizations)— (1) to expand research efforts to better under- stand the factors contributing to, and consequences of, sexual harassment and gender harassment affect- H36 HR 36 RFS ing individuals in the STEM workforce, including students and trainees; and (2) to examine interventions to reduce the inci- dence and negative consequences of such harass- ment.
(b) USE OF FUNDS.—Activities funded by a grant under this section may include— (1) research on the sexual harassment and gen- der harassment experiences of individuals in under- represented or vulnerable groups, including racial and ethnic minority groups, disabled individuals, for- eign nationals, sexual- and gender-minority individ- uals, and others; (2) development and assessment of policies, procedures, trainings, and interventions, with respect to sexual harassment and gender harassment, con- flict management, and ways to foster respectful and inclusive climates; (3) research on approaches for remediating the negative impacts and outcomes of such harassment on individuals experiencing such harassment; (4) support for institutions of higher education to develop, adapt, and assess the impact of innova- tive, evidence-based strategies, policies, and ap- S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j H36 HR 36 RFS 8 proaches to policy implementation to prevent and address sexual harassment and gender harassment; (5) research on alternatives to the hierarchical and dependent relationships, including but not lim- ited to the mentor-mentee relationship, in academia that have been shown to create higher levels of risk for sexual harassment and gender harassment; and (6) establishing a center for the ongoing com- pilation, management, and analysis of campus cli- mate survey data.
SEC.

5.

DATA COLLECTION.
Not later than 180 days after the date of enactment of this Act, the Director shall convene a working group composed of representatives of Federal statistical agen- cies— (1) to develop questions on sexual harassment and gender harassment in STEM departments to gather national data on the prevalence, nature, and implications of sexual harassment and gender har- assment in institutions of higher education; and (2) to include such questions as appropriate, with sufficient protections of the privacy of respond- ents, in relevant surveys conducted by the National Center for Science and Engineering Statistics and other relevant entities.
H36 HR 36 RFS S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j SEC.

6.

RESPONSIBLE CONDUCT GUIDE.

9 (a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to update the report en- titled ‘‘On Being a Scientist: A Guide to Responsible Con- duct in Research’’ issued by the Academies.
The report, as so updated, shall include— (1) updated professional standards of conduct in research; (2) standards of treatment individuals can ex- pect to receive under such updated standards of con- duct; (3) evidence-based practices for fostering a cli- mate intolerant of sexual harassment and gender harassment; (4) methods, including bystander intervention, for identifying and addressing incidents of sexual harassment and gender harassment; and (5) professional standards for mentorship and teaching with an emphasis on preventing sexual har- assment and gender harassment.
(b) RECOMMENDATIONS.—In updating the report under subsection (a), the Academies shall take into ac- count recommendations made in the report issued by the Academies in 2018 entitled ‘‘Sexual Harassment of Women: Climate, Culture, and Consequences in Academic 26 H36 HR 36 RFS S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j 10 Sciences, Engineering, and Medicine’’ and other relevant studies and evidence.
(c) REPORT.—Not later than 18 months after the ef- fective date of the contract under subsection (a), the Acad- emies, as part of such agreement, shall submit to the Di- rector and the Committee on Science, Space, and Tech- nology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pur- 10 suant to such subsection.

11 SEC.

7.

INTERAGENCY WORKING GROUP.


(a) IN GENERAL.—The Director of the Office of Science and Technology Policy, acting through the Na- tional Science and Technology Council, shall establish an interagency working group for the purpose of coordinating Federal science agency efforts to reduce the prevalence of sexual harassment and gender harassment involving grant personnel.
The working group shall be chaired by the Di- rector of the Office of Science and Technology Policy (or the Director’s designee) and shall include a representative from each Federal science agency with annual extramural research expenditures totaling over $1,000,000,000, a rep- resentative from the Department of Education, and a rep- resentative from the U.S.

Equal Employment Opportunity 25 Commission.


HR 36 RFS H36 S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j 11 (b) RESPONSIBILITIES OF WORKING GROUP.—The interagency working group established under subsection (a) shall coordinate Federal science agency efforts to im- plement the policy guidelines developed under subsection (c)(2).
(c) RESPONSIBILITIES OF OSTP.—The Director of the Office of Science and Technology Policy shall— (1) not later than 90 days after the date of the enactment of this Act, submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an inven- tory of policies, procedures, and resources dedicated to preventing and responding to reports of sexual harassment and gender harassment at Federal agen- cies that provide legal definitions to which institu- tions of higher education must comply; and (2) not later than 6 months after the date on which the inventory is submitted under paragraph (1)— (A) in consultation with outside stake- holders and Federal science agencies, develop a uniform set of policy guidelines for Federal science agencies; and S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j H36 HR 36 RFS 12 (B) submit a report to the committees re- ferred to in paragraph (1) containing such guidelines; (3) encourage and monitor efforts of Federal science agencies to develop or maintain and imple- ment policies based on the guidelines developed under paragraph (2), including the extent to which Federal science agency policies depart from the uni- form policy guidelines; (4) not later than 1 year after the date on which the inventory under paragraph (1) is sub- mitted, and every 5 years thereafter, the Director of the Office of Science and Technology Policy shall re- port to Congress on the implementation by Federal science agencies of the policy guidelines developed under paragraph (2); and (5) update such policy guidelines as needed.
(d) REQUIREMENTS.—In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall include guidelines that require— 22 23 24 (1) grantees to submit to the Federal science agency or agencies from which the grantees receive funding reports relating to H36 HR 36 RFS 13 (A) administrative action, related to an al- legation against grant personnel of any sexual harassment or gender harassment, as set forth in organizational policies or codes of conduct, statutes, regulations, or executive orders, that affects the ability of grant personnel or their trainees to carry out the activities of the grant; and (B) findings or determinations against grant personnel of sexual harassment or gender harassment, as set forth in organizational poli- cies or codes of conduct, statutes, regulations, or executive orders, including any findings or determinations related to reports submitted under subparagraph (A) and any disciplinary action that was taken; (2) the sharing, updating, and archiving of re- ports of sexual harassment and gender harassment from grantees submitted under paragraph (1)(B) with relevant Federal science agencies on a quarterly basis; and (3) to the extent practicable, ensure consistency among Federal agencies with regards to the policies and procedures for receiving reports submitted pur- suant to paragraph (1), which may include the des- H36 HR 36 RFS S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j 14 ignation of a single agency to field reports so sub- mitted.
(e) CONSIDERATIONS.—In developing policy guide- lines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider guidelines that require or incentivize— (1) grantees to periodically assess their organi- zational climate, which may include the use of cli- mate surveys, focus groups, or exit interviews; (2) grantees to publish on a publicly available internet website the results of assessments con- ducted pursuant to paragraph (1), disaggregated by gender and, if possible, race, ethnicity, disability sta- tus, and sexual orientation; (3) grantees to make public on an annual basis the number of reports of sexual harassment and gender harassment at each such institution; (4) grantees to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of sexual harassment and gender harass- ment; (5) each grantee to demonstrate in its proposal for a grant award, cooperative agreement, or con- tract that a code of conduct is in place for maintain- S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j H36 HR 36 RFS ing a healthy and welcoming workplace for grant personnel and their trainees; (6) the diffusion of the hierarchical and depend- ent relationships between grant personnel and their trainees; (7) each grantee and Federal science agency to have in place mechanisms for the re-integration of individuals who have experienced sexual harassment and gender harassment; and (8) grantees to work to create a climate intoler- ant of sexual harassment and gender harassment.
(f) FEDERAL SCIENCE AGENCY IMPLEMENTATION.— Each Federal science agency shall— (1) develop or maintain and implement policies with respect to sexual harassment and gender har- assment that are consistent with policy guidelines under subsection (c)(2) and that protect the privacy of all parties involved in any report and investigation of sexual harassment and gender harassment, except to the extent necessary to carry out an investigation; and (2) broadly disseminate such policies to current and potential recipients of research grants, coopera- tive agreements, or contracts awarded by such agen- cy.
HR 36 RFS H36 S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j 16 (g) FERPA.—The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C.
1232g) (commonly referred to as the ‘‘Family Edu- cational Rights and Privacy Act of 1974’’).

(h) SUNSET.—The interagency working group estab- lished under subsection (a) shall terminate on the date that is 7 years after the date of the enactment of this 10 Act.

11 SEC.

8.

NATIONAL ACADEMIES ASSESSMENT.


(a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to undertake a study of the influence of sexual harassment and gender harass- ment in institutions of higher education on the career ad- vancement of individuals in the STEM workforce.
The 18 study shall assess— (1) the state of research on sexual harassment and gender harassment in such workforce; (2) whether research demonstrates a change in the prevalence of sexual harassment and gender har- assment in such workforce; (3) the progress made with respect to imple- menting recommendations promulgated in the Acad- H36 HR 36 RFS S L L I B h t i w 2 4 C 0 L 9 7 K S D n o n o s n h o k j 17 emies consensus study report entitled ‘‘Sexual Har- assment of Women: Climate, Culture, and Con- sequences in Academic Sciences, Engineering, and Medicine’’; and (4) where to focus future efforts with respect to decreasing sexual harassment and gender harass- ment in such institutions.
SEC.

9.

AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Direc- tor to carry out this Act, $17,500,000.

Passed the House of Representatives July 23, 2019.

Attest: CHERYL L. JOHNSON, Clerk H36 HR 36 RFS