89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–153 

COMBATING SEXUAL HARASSMENT IN SCIENCE ACT OF 

2019 

JULY 12, 2019.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Ms. JOHNSON of Texas, from the Committee on Science, Space, and 

Technology, submitted the following 

R E P O R T 

[To accompany H.R. 36] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science, Space, and Technology, to whom was 

referred the bill (H.R. 36) to provide for research to better understand the causes and consequences of sexual harassment affecting 

individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence 

and negative impact of such harassment, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

I. Amendment ................................................................................................. 2 

II. Purpose of the Bill ...................................................................................... 6 

III. Background and Need for the Legislation ................................................ 6 

IV. Committee Hearings ................................................................................... 7 

V. Committee Consideration and Votes ......................................................... 8 

VI. Summary of Major Provisions of the Bill .................................................. 8 

VII. Section-By-Section Analysis (By Title and Section) ................................. 9 

VIII. Committee Views ........................................................................................ 9 

IX. Cost Estimate .............................................................................................. 10 

X. Congressional Budget Office Cost Estimate ............................................. 10 

XI. Compliance with Public Law 104–4 (Unfunded Mandates) .................... 11 

XII. Committee Oversight Findings and Recommendations ........................... 11 

XIII. Statement on General Performance Goals and Objectives ...................... 12 

XIV. Federal Advisory Committee Statement ................................................... 12 

XV. Duplication of Federal Programs ............................................................... 12 

XVI. Earmark Identification ............................................................................... 12 

XVII. Applicability to the Legislative Branch ..................................................... 12 


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XVIII. Statement on Preemption of State, Local, or Tribal Law ........................ 12 

XIX. Proceedings of Full Committee Markup .................................................... 12 

I. AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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. 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 National Academies of Sciences, Engineering, and Medicine in 2018 entitled ‘‘Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine’’— 

(A) sexual harassment is pervasive in institutions of higher education; 

(B) the most common type of sexual harassment is gender harassment, 

which includes verbal and nonverbal behaviors that convey insulting, hostile, and degrading attitudes about members of one gender; 

(C) 58 percent of individuals in the academic 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 experience 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, technology, engineering, and mathematics fields is estimated to 

cost approximately $500,000; and 

(F) attrition of an individual so trained results in a loss of talent and 

money. 

(2) Sexual harassment undermines career advancement 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. 

(4) Many women report leaving employment at institutions of higher education due to sexual harassment. 

(5) Research shows the majority of individuals do not formally report experiences of sexual harassment 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 receiving Federal funding after moving to a different institution. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) ACADEMIES.—The term ‘‘Academies’’ means the National Academies of 

Sciences, Engineering, 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 with an annual extramural research expenditure of over 

$100,000,000. 

(4) FINDING OR DETERMINATION.—The term ‘‘finding or determination’’ means 

the final disposition of a matter involving a violation of organizational policies 


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and processes, to include the exhaustion of permissible appeals, or a conviction 

of a sexual 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 secondclass status about one’s gender, gender identity, gender presentation, sexual orientation, or pregnancy 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 personnel’’ means principal investigators, co-principal investigators, postdoctoral researchers and other employees 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 meaning given such term in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001). 

(9) SEXUAL HARASSMENT.—The term ‘‘sexual harassment’’ means conduct that 

encompasses— 

(A) unwelcome sexual advances; 

(B) unwanted physical contact that is sexual in nature, including assault; 

(C) unwanted sexual attention, including sexual comments and propositions for sexual activity; 

(D) conditioning professional or educational benefits on sexual activity; 

and 

(E) retaliation for rejecting unwanted sexual 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 program to award grants, on a 

competitive basis, to institutions of higher education or nonprofit organizations (or 

consortia of such institutions or organizations)— 

(1) to expand research efforts to better understand the factors contributing to, 

and consequences of, sexual harassment and gender harassment affecting individuals in the STEM workforce, including students and trainees; and 

(2) to examine interventions to reduce the incidence and negative consequences of such harassment. 

(b) USE OF FUNDS.—Activities funded by a grant under this section may include— 

(1) research on the sexual harassment and gender harassment experiences of 

individuals in underrepresented or vulnerable groups, including racial and ethnic minority groups, disabled individuals, foreign nationals, sexual- and genderminority individuals, and others; 

(2) development and assessment of policies, procedures, trainings, and interventions, with respect to sexual harassment and gender harassment, conflict 

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 innovative, evidence-based strategies, policies, and approaches 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 limited 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 compilation, management, and analysis of campus climate 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 agencies— 

(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 harassment in institutions of higher 

education; and 

(2) to include such questions as appropriate, with sufficient protections of the 

privacy of respondents, in relevant surveys conducted by the National Center 

for Science and Engineering Statistics and other relevant entities. 


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SEC. 6. RESPONSIBLE CONDUCT GUIDE. 

(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 

entitled ‘‘On Being a Scientist: A Guide to Responsible Conduct 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 expect to receive under such updated standards of conduct; 

(3) evidence-based practices for fostering a climate 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 harassment and gender harassment. 

(b) RECOMMENDATIONS.—In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the 

Academies in 2018 entitled ‘‘Sexual Harassment of Women: Climate, Culture, and 

Consequences in Academic Sciences, Engineering, and Medicine’’ and other relevant 

studies and evidence. 

(c) REPORT.—Not later than 18 months after the effective date of the contract 

under subsection (a), the Academies, as part of such agreement, shall submit to the 

Director and the Committee on Science, Space, and Technology 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 pursuant to such subsection. 

SEC. 7. INTERAGENCY WORKING GROUP. 

(a) IN GENERAL.—The Director of the Office of Science and Technology Policy, acting through the National 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 Director 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 representative from the Department of 

Education, and a representative from the U.S. Equal Employment Opportunity 

Commission. 

(b) RESPONSIBILITIES OF WORKING GROUP.—The interagency working group established under subsection (a) shall coordinate Federal science agency efforts to implement 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 inventory of policies, procedures, and resources dedicated to preventing and responding to reports of sexual harassment and gender harassment 

at Federal agencies that provide legal definitions to which institutions 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 stakeholders and Federal science agencies, develop a uniform set of policy guidelines for Federal science agencies; 

and 

(B) submit a report to the committees referred to in paragraph (1) containing such guidelines; 

(3) encourage and monitor efforts of Federal science agencies to develop or 

maintain and implement policies based on the guidelines developed under paragraph (2), including the extent to which Federal science agency policies depart 

from the uniform policy guidelines; 

(4) not later than 1 year after the date on which the inventory under paragraph (1) is submitted, and every 5 years thereafter, the Director of the Office 

of Science and Technology Policy shall report 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— 


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(1) grantees to submit to the Federal science agency or agencies from which 

the grantees receive funding reports relating to— 

(A) administrative action, related to an allegation 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 policies 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 reports 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 pursuant 

to paragraph (1), which may include the designation of a single agency to field 

reports so submitted. 

(e) CONSIDERATIONS.—In developing policy guidelines 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 organizational climate, which may include the use of climate surveys, focus groups, or exit interviews; 

(2) grantees to publish on a publicly available internet website the results of 

assessments conducted pursuant to paragraph (1), disaggregated by gender and, 

if possible, race, ethnicity, disability status, 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 harassment; 

(5) each grantee to demonstrate in its proposal for a grant award, cooperative 

agreement, or contract that a code of conduct is in place for maintaining a 

healthy and welcoming workplace for grant personnel and their trainees; 

(6) the diffusion of the hierarchical and dependent 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 intolerant 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 harassment 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, cooperative agreements, or contracts awarded by such agency. 

(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 Educational Rights and Privacy Act of 1974’’). 

(h) SUNSET.—The interagency working group established under subsection (a) 

shall terminate on the date that is 7 years after the date of the enactment of this 

Act. 

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 harassment in institutions of higher education on the career advancement of individuals in the STEM workforce. The 

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 harassment in such workforce; 


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(3) the progress made with respect to implementing recommendations promulgated in the Academies consensus study report entitled ‘‘Sexual Harassment of 

Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine’’; and 

(4) where to focus future efforts with respect to decreasing sexual harassment 

and gender harassment in such institutions. 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

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

II. PURPOSE OF THE BILL

The purpose of the bill is to provide for research on the causes, 

consequences and prevalence of, as well as interventions for preventing, sexual harassment in the STEM workforce. The bill also 

directs coordination among Federal science agencies efforts to address sexual harassment involving federally funded researchers. 

III. BACKGROUND AND NEED FOR THE LEGISLATION

The nation at large is grappling with the impact of sexual harassment on the lives and careers of women. In recent years, highprofile accusations against prominent researchers have significantly increased awareness of the problem of sexual harassment in 

the scientific workplace. In 2018, the National Academies of 

Sciences, Engineering, and Medicine (hereafter, ‘‘Academies’’) 

issued a consensus report, Sexual Harassment of Women: Climate, 

Culture, and Consequences in Academic Sciences, Engineering, and 

Medicine, which examined the scope of the problem, contributing 

factors unique to the academic setting, and potential solutions. 

Sexual harassment can include unwanted sexual attention, sexual coercion, and gender harassment, which involves behavior that 

‘‘conveys hostility, objectification, exclusion, or second-class status 

about members of one gender.’’ 

According to a 2003 study cited by the Academies report, the academic workplace has the second highest rate of sexual harassment 

compared with the military, private sector, and government, with 

58 percent of faculty and staff experiencing sexual harassment. Results from three different surveys reveal that 20–50 percent of students experience sexual harassment. Research presented in the report shows that women of color are more likely to hear sexist remarks and to feel unsafe at work because of their gender than 

white women, white men, and men of color. 

The Academies outlined factors that contribute to the prevalence 

of sexual harassment in the sciences, including a perceived tolerance for inappropriate behavior; the male-dominated environment, 

particularly in positions of authority, in many science programs 

and departments; hierarchical power structures that concentrate 

power in a single person who has an outsized impact on a subordinate’s future success; a culture of symbolic compliance with Title 

IX and Title VII wherein institutions prioritize implementing policies that adhere to legal requirements rather than seeking to reduce or eliminate sexual harassment; and uninformed leadership 

unwilling to take bold and aggressive measures. 

Committee action to address sexual harassment in the sciences 

began with October 26, 2017 letters from then-Chairman Smith 

and then-Ranking Member Johnson to Boston University, the National Science Foundation (NSF), and the National Aeronautics and 


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Space Administration (NASA) regarding Title IX complaints filed 

against a prominent geology professor, Dr. David Marchant. Dr. 

Marchant, a recipient of over $5.4 million in Federal funding, allegedly physically and verbally harassed multiple women during field 

expeditions in Antarctica in the late 1990s. In early 2018, the Committee sent additional letters to universities and funding agencies 

regarding other cases covered in the press. 

To understand how Federal science agencies address sexual harassment, including how they ensure compliance of grant-receiving 

institutions with Title IX of the Education Amendments of 1972, 

the Chair and Ranking Member of the Committee requested a Government Accountability Office (GAO) assessment of Federal science 

agency policies, resources, and intra- and inter-agency communication regarding reports of sexual harassment involving Federally 

funded researchers. The report is ongoing and will examine the 

policies and procedures in place at Federal science agencies, as well 

as the communication among agencies and between agencies and 

grantee institutions regarding these policies and any findings of 

sexual harassment by grantee institutions. 

IV. COMMITTEE HEARINGS

On Tuesday, February 27, 2018, the Subcommittee on Research 

and Technology held a hearing entitled A Review of Sexual Harassment and Misconduct in Science. The Subcommittee received testimony from: (1) Ms. Rhonda Davis, Head, Office of Diversity and Inclusion, National Science Foundation. Ms. Davis provided testimony on NSF’s updated terms and conditions requiring the reporting of findings of sexual harassment by Principal Investigators and 

any administrative actions taken relating to such a finding or sexual harassment investigation. (2) Dr. Kathryn Clancy, Associate 

Professor, Department of Anthropology, University of Illinois. Dr. 

Clancy provided testimony on her research on the prevalence of 

sexual harassment and workplace climate in the sciences. (3) Ms. 

Christine McEntee, Executive Director, American Geophysical 

Union. Ms. McEntee provided testimony on how science societies 

can address the problem of sexual harassment in the scientific community. (4) Ms. Kristina Larsen, Attorney, Law Office of Kristina 

K. Larsen. Ms. Larsen provided testimony on the unique factors 

contributing to sexual harassment in the academic environment 

and how university policies are often insufficient to protect and 

support victims of harassment. 

On Wednesday, June 12, 2019, the Committee on Science, Space, 

and Technology held a hearing entitled Combating Sexual Harassment in Science, which assessed Federal science agency policies and 

procedures for addressing sexual harassment involving federallyfunded STEM researchers and their trainees. The hearing explored 

lessons learned, enduring challenges, and future opportunities for 

preventing and mitigating the negative impact of sexual harassment in STEM studies and careers. The Committee also received 

testimony on H.R. 36, the Combating Sexual Harassment in 

Science Act. 

Four witnesses testified: (1) Mr. John Neumann, Managing Director; Science, Technology Assessment, and Analytics; U.S. Government Accountability Office. Mr. Neumann testified about the 

preliminary findings to be presented in the GAO report requested 


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by the Committee in January 2018. (2) Dr. Paula Johnson, President, Wellesley College. Dr. Johnson co-chaired the Academies 

Committee on the Impacts of Sexual Harassment in Academia, and 

testified on the Committee’s findings and recommendations. (3) Dr. 

Jean Morrison, University Provost and Chief Academic Officer, 

Boston University. Dr. Morrison provided testimony on changes 

Boston University made to its sexual harassment policies and procedures since the Dr. Marchant case became public. (3) Dr. Philip 

Kass, Vice Provost for Academic Affairs, University of California, 

Davis. Dr. Kass testified on an experimental program at UC Davis 

to screen finalists for tenure positions for any previous findings of 

sexual harassment. 

V. COMMITTEE CONSIDERATION AND VOTES

On January 3, 2019, Chairwoman Eddie Bernice Johnson and 

Ranking Member Frank Lucas introduced H.R. 36, the Combating 

Sexual Harassment in Science Act of 2019. The bill was referred to 

the House Committee on Science, Space, and Technology. 

On June 20, 2019, the Committee on Science, Space, and Technology met to consider H.R. 36. Ms. Johnson offered an amendment 

in the nature of a substitute to make technical and clarifying 

changes in response to feedback from stakeholders, including definitions of key terms. The amendment was agreed to on a voice vote. 

Mr. Lucas offered an amendment regarding administrative action 

that would trigger a requirement for grantees to report to funding 

agencies, specifying that the action must affect the ability of grant 

personnel or their trainees to carry out the activities of the grant. 

The amendment also made technical corrections. The amendment 

was agreed to on a voice vote. Ms. Fletcher offered an amendment 

to encourage OSTP to consider policy guidelines that require each 

grantee and Federal science agency to establish re-integration 

mechanisms for those who have experienced sexual harassment. 

The amendment was agreed to on a voice vote. Ms. Johnson moved 

that the Committee favorably report the bill, H.R. 36, to the House 

with the recommendation that the bill be approved. The motion 

was agreed to by a voice vote. 

VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

The Act requires the Director of the National Science Foundation 

(NSF) to support research to better understand the causes and consequences of sexual harassment in the STEM workforce; develop 

survey questions to gather national data on the prevalence, nature, 

and implications of sexual harassment and gender harassment in 

academia; enter into an agreement with the National Academies to 

produce an updated guide to responsible conduct in research that 

includes content related to sexual harassment and gender harassment; and enter into an agreement with the Academies to undertake a follow-on study to the 2018 report on sexual harassment. 

The Act requires the Director of the Office of Science and Technology Policy (OSTP) to convene an interagency working group to 

coordinate Federal science agency efforts to address sexual harassment involving grant personnel; and to develop uniform guidelines, 

in consultation with outside stakeholders, regarding Federal 

science agency policies and procedures for preventing and responding to reports of sexual harassment and gender harassment. Each 


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Federal Science agency is directed to implement a policy consistent 

the OSTP guidelines. 

VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION)

Section 1. Short title; Table of contents 

Combating Sexual Harassment in Science Act of 2019 

Section 2. Findings 

Section 3. Definitions 

Section 4. Research grants 

Requires NSF to establish a program to award research grants 

to further understanding of sexual harassment in the STEM workforce and effective interventions to reduce the incidence and negative consequences of such harassment. 

Section 5. Data collection 

Requires NSF to convene a working group of Federal statistical 

agencies to develop survey questions on sexual harassment in 

STEM in order to gather national data on the prevalence, nature, 

and implications of sexual harassment in institutions of higher 

education. 

Section 6. Responsible conduct guide 

Requires NSF to enter into agreement with the National Academies to update the report On Being a Scientist: A Guide to Responsible Conduct in Research to include updated professional conduct standards, including methods for identifying and addressing 

incidents of sexual harassment. 

Section 7. Interagency working group 

Requires OSTP to establish an interagency working group to coordinate Federal science agency efforts to reduce the prevalence of 

sexual harassment involving federally funded researchers and to 

develop and implement uniform policy guidelines for Federal 

Science agencies. 

Section 8. National Academies assessment 

Requires NSF to enter into agreement with the National Academies to undertake a follow-on study to examine the influence of 

sexual harassment in institutions of higher education on the career 

advancement of individuals in the STEM workforce. 

Section 9. Authorization of appropriations 

Authorizes to be appropriated $17.5 million to NSF to carry out 

this Act. 

VIII. COMMITTEE VIEWS

The intent of this legislation is to understand and address the 

causes and consequences of sexual harassment affecting individuals 

in the scientific, technical, engineering, and mathematics workforce. 

Section 5. The Committee intends for the Director of the National Science Foundation to convene a working group to develop 


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questions on sexual harassment in science, technology, engineering, 

and mathematics departments. The Committee recognizes that this 

is a sensitive and challenging issue to include in voluntary surveys 

and intends for the working group to consult experts on the issue 

to determine the most effective, trauma-informed approach to collect this information. 

Section 7. The Committee intends for OSTP to establish policy 

guidelines to coordinate Federal science agency efforts to reduce 

the prevalence of sexual harassment involving grant personnel. 

The Committee intends for the guidelines to be developed with 

input from relevant stakeholders, including representatives from 

agencies that may not be captured in the definition of Federal 

science agency, including the U.S. Equal Employment Opportunity 

Commission; individuals at all levels of the scientific workforce, including graduate students and postdoctoral researchers; and representatives from university offices that handle complaints of sexual harassment. 

Section 7. The Committee intends for each Federal science agency to establish policies pursuant to the guidelines issued by OSTP, 

harmonized to the maximum extent practicable considering the individual needs and processes of each agency. 

Section 7. The Committee intends for records related to sexual 

harassment involving grant personnel kept by Federal science 

agencies to be accurate and complete. In the event that a grantee 

notifies an agency that administrative action has been taken related to a complaint of sexual harassment and the accused party 

is found not to have violated institutional policy or procedure, the 

Committee intends for the grantee to share this information with 

the agency. The Committee intends that while Federal agencies 

should share relevant information, that it should be handled to ensure the protection of privacy of all individuals involved. 

IX. COST ESTIMATE

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives, the Committee adopts as its own the estimate 

of new budget authority, entitlement authority, or tax expenditures 

or revenues contained in the cost estimate prepared by the Director 

of the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974. 

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 8, 2019. 

Hon. EDDIE BERNICE JOHNSON, 

Chairwoman, Committee on Science, Space, and Technology, 

House of Representatives, Washington, DC. 

DEAR MADAM CHAIRWOMAN: The Congressional Budget Office 

has prepared the enclosed cost estimate for H.R. 36, the Combating 

Sexual Harassment in Science Act of 2019. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Janani Shankaran. 

Sincerely, 

PHILLIP L. SWAGEL, 

Director. 

Enclosure. 

H.R. 36 would authorize the appropriation of $17.5 million for 

the National Science Foundation to award grants for research on 

sexual and gender harassment in the science, technology, engineering, and mathematics workforce and to enter into agreements with 

the National Academies of Sciences, Engineering, and Medicine to 

conduct related studies. 

The bill also would direct the Office of Science and Technology 

Policy (OSTP) to establish a working group with representatives 

from certain agencies to develop a uniform set of policy guidelines 

on sexual and gender harassment. CBO estimates that implementing the provision would have no significant effect on the federal budget because OSTP is already convening a working group on 

the topic. 

Assuming appropriation of the authorized amounts, and based on 

historical spending patterns for similar activities, CBO estimates 

that implementing H.R. 36 would cost $18 million over the 2020– 

2024 period. 

The CBO staff contact for this estimate is Janani Shankaran. 

The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

XI. FEDERAL MANDATES STATEMENT

H.R. 36 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The Committee’s oversight findings and recommendations are reflected in the body of this report. 


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XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c) of House Rule XIII, the goal of H.R. 36 

is to direct the Director of the Office of Science and Technology Policy and Federal science agencies to carry out programs and activities to reduce the incidence and negative consequences of sexual 

harassment and gender harassment in the STEM workforce. 

XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

H.R. 36 does not create any advisory committees. 

XV. DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that no provision of H.R. 

36 establishes or reauthorizes a program of the federal government 

known to be duplicative of another federal program, including any 

program that was included in a report to Congress pursuant to section 21 of Public Law 111–139 or the most recent Catalog of Federal Domestic Assistance. 

XVI. EARMARK IDENTIFICATION

Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee 

finds that H.R. 36 contains no earmarks, limited tax benefits, or 

limited tariff benefits. 

XVII. APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that H.R. 36 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

This bill is not intended to preempt any state, local, or tribal law. 

XIX. PROCEEDINGS OF THE FULL COMMITTEE MARKUP


lotter on DSKBCFDHB2PROD with REPORTS
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lotter on DSKBCFDHB2PROD with REPORTSInsert graphic folio 43 HR153.027
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lotter on DSKBCFDHB2PROD with REPORTSInsert graphic folio 45 HR153.029
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lotter on DSKBCFDHB2PROD with REPORTSInsert graphic folio 55 HR153.039
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lotter on DSKBCFDHB2PROD with REPORTSInsert graphic folio 57 HR153.041
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lotter on DSKBCFDHB2PROD with REPORTSInsert graphic folio 58 HR153.042
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lotter on DSKBCFDHB2PROD with REPORTSInsert graphic folio 59 HR153.043
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