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 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Combating Sexual Harassment in Science Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 

8 SEC. 2. FINDINGS. 

9 Congress makes the following findings: 

10 (1) According to the report issued by the Na11 tional Academies of Sciences, Engineering, and Med12 icine in 2018 entitled ‘‘Sexual Harassment of 

13 Women: Climate, Culture, and Consequences in Aca14 demic Sciences, Engineering, and Medicine’’— 

15 (A) sexual harassment is pervasive in insti16 tutions of higher education; 

17 (B) the most common type of sexual har18 assment is gender harassment, which includes 

19 verbal and nonverbal behaviors that convey in20 sulting, hostile, and degrading attitudes about 

21 members of one gender; 


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1 (C) 58 percent of individuals in the aca2 demic workplace experience sexual harassment, 

3 the second highest rate when compared to the 

4 military, the private sector, and Federal, State, 

5 and local government; 

6 (D) women who are members of racial or 

7 ethnic minority groups are more likely to expe8 rience sexual harassment and to feel unsafe at 

9 work than White women, White men, or men 

10 who are members of such groups; 

11 (E) the training for each individual who 

12 has a doctor of philosophy in the science, tech13 nology, engineering, and mathematics fields is 

14 estimated to cost approximately $500,000; and 

15 (F) attrition of an individual so trained re16 sults in a loss of talent and money. 

17 (2) Sexual harassment undermines career ad18 vancement for women. 

19 (3) According to a 2017 University of Illinois 

20 study, among astronomers and planetary scientists, 

21 18 percent of women who are members of racial or 

22 ethnic minority groups and 12 percent of White 

23 women skipped professional events because they did 

24 not feel safe attending. 


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1 (4) Many women report leaving employment at 

2 institutions of higher education due to sexual har3 assment. 

4 (5) Research shows the majority of individuals 

5 do not formally report experiences of sexual harass6 ment due to a justified fear of retaliation or other 

7 negative professional or personal consequences. 

8 (6) Reporting procedures with respect to such 

9 harassment are inconsistent among Federal science 

10 agencies and have varying degrees of accessibility. 

11 (7) There is not adequate communication 

12 among Federal science agencies and between such 

13 agencies and grantees regarding reports of sexual 

14 harassment, which has resulted in harassers receiv15 ing Federal funding after moving to a different in16 stitution. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) ACADEMIES.—The term ‘‘Academies’’ 

20 means the National Academies of Sciences, Engi21 neering, and Medicine. 

22 (2) DIRECTOR.—The term ‘‘Director’’ means 

23 the Director of the National Science Foundation. 

24 (3) FEDERAL SCIENCE AGENCY.—The term 

25 ‘‘Federal science agency’’ means any Federal agency 


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1 with an annual extramural research expenditure of 

2 over $100,000,000. 

3 (4) FINDING OR DETERMINATION.—The term 

4 ‘‘finding or determination’’ means the final disposi5 tion of a matter involving a violation of organiza6 tional policies and processes, to include the exhaus7 tion of permissible appeals, or a conviction of a sex8 ual offense in a criminal court of law. 

9 (5) GENDER HARASSMENT.—The term ‘‘gender 

10 harassment’’ means verbal and nonverbal behaviors 

11 that convey hostility, objectification, exclusion, or 

12 second-class status about one’s gender, gender iden13 tity, gender presentation, sexual orientation, or preg14 nancy status. 

15 (6) GRANTEE.—The term ‘‘grantee’’ means the 

16 legal entity to which a grant is awarded and that is 

17 accountable to the Federal Government for the use 

18 of the funds provided. 

19 (7) GRANT PERSONNEL.—The term ‘‘grant per20 sonnel’’ means principal investigators, co-principal 

21 investigators, postdoctoral researchers and other em22 ployees supported by a grant award, cooperative 

23 agreement, or contract under Federal law. 

24 (8) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘‘institution of higher education’’ has the 


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1 meaning given such term in section 101 of the High2 er Education Act of 1965 (20 U.S.C. 1001). 

3 (9) SEXUAL HARASSMENT.—The term ‘‘sexual 

4 harassment’’ means conduct that encompasses— 

5 (A) unwelcome sexual advances; 

6 (B) unwanted physical contact that is sex7 ual in nature, including assault; 

8 (C) unwanted sexual attention, including 

9 sexual comments and propositions for sexual ac10 tivity; 

11 (D) conditioning professional or edu12 cational benefits on sexual activity; and 

13 (E) retaliation for rejecting unwanted sex14 ual attention. 

15 (10) STEM.—The term ‘‘STEM’’ means 

16 science, technology, engineering, and mathematics, 

17 including computer science. 

18 SEC. 4. RESEARCH GRANTS. 

19 (a) IN GENERAL.—The Director shall establish a pro20 gram to award grants, on a competitive basis, to institu21 tions of higher education or nonprofit organizations (or 

22 consortia of such institutions or organizations)— 

23 (1) to expand research efforts to better under24 stand the factors contributing to, and consequences 

25 of, sexual harassment and gender harassment affectVerDate Sep 11 2014 23:10 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H36.RFS H36

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1 ing individuals in the STEM workforce, including 

2 students and trainees; and 

3 (2) to examine interventions to reduce the inci4 dence and negative consequences of such harass5 ment. 

6 (b) USE OF FUNDS.—Activities funded by a grant 

7 under this section may include— 

8 (1) research on the sexual harassment and gen9 der harassment experiences of individuals in under10 represented or vulnerable groups, including racial 

11 and ethnic minority groups, disabled individuals, for12 eign nationals, sexual- and gender-minority individ13 uals, and others; 

14 (2) development and assessment of policies, 

15 procedures, trainings, and interventions, with respect 

16 to sexual harassment and gender harassment, con17 flict management, and ways to foster respectful and 

18 inclusive climates; 

19 (3) research on approaches for remediating the 

20 negative impacts and outcomes of such harassment 

21 on individuals experiencing such harassment; 

22 (4) support for institutions of higher education 

23 to develop, adapt, and assess the impact of innova24 tive, evidence-based strategies, policies, and apVerDate Sep 11 2014 23:10 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H36.RFS H36

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1 proaches to policy implementation to prevent and 

2 address sexual harassment and gender harassment; 

3 (5) research on alternatives to the hierarchical 

4 and dependent relationships, including but not lim5 ited to the mentor-mentee relationship, in academia 

6 that have been shown to create higher levels of risk 

7 for sexual harassment and gender harassment; and 

8 (6) establishing a center for the ongoing com9 pilation, management, and analysis of campus cli10 mate survey data. 

11 SEC. 5. DATA COLLECTION. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Director shall convene a working group 

14 composed of representatives of Federal statistical agen15 cies— 

16 (1) to develop questions on sexual harassment 

17 and gender harassment in STEM departments to 

18 gather national data on the prevalence, nature, and 

19 implications of sexual harassment and gender har20 assment in institutions of higher education; and 

21 (2) to include such questions as appropriate, 

22 with sufficient protections of the privacy of respond23 ents, in relevant surveys conducted by the National 

24 Center for Science and Engineering Statistics and 

25 other relevant entities. 


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1 SEC. 6. RESPONSIBLE CONDUCT GUIDE. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of enactment of this Act, the Director shall enter into 

4 an agreement with the Academies to update the report en5 titled ‘‘On Being a Scientist: A Guide to Responsible Con6 duct in Research’’ issued by the Academies. The report, 

7 as so updated, shall include— 

8 (1) updated professional standards of conduct 

9 in research; 

10 (2) standards of treatment individuals can ex11 pect to receive under such updated standards of con12 duct; 

13 (3) evidence-based practices for fostering a cli14 mate intolerant of sexual harassment and gender 

15 harassment; 

16 (4) methods, including bystander intervention, 

17 for identifying and addressing incidents of sexual 

18 harassment and gender harassment; and 

19 (5) professional standards for mentorship and 

20 teaching with an emphasis on preventing sexual har21 assment and gender harassment. 

22 (b) RECOMMENDATIONS.—In updating the report 

23 under subsection (a), the Academies shall take into ac24 count recommendations made in the report issued by the 

25 Academies in 2018 entitled ‘‘Sexual Harassment of 

26 Women: Climate, Culture, and Consequences in Academic 


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1 Sciences, Engineering, and Medicine’’ and other relevant 

2 studies and evidence. 

3 (c) REPORT.—Not later than 18 months after the ef4 fective date of the contract under subsection (a), the Acad5 emies, as part of such agreement, shall submit to the Di6 rector and the Committee on Science, Space, and Tech7 nology of the House of Representatives and the Committee 

8 on Commerce, Science, and Transportation of the Senate 

9 the report referred to in such subsection, as updated pur10 suant to such subsection. 

11 SEC. 7. INTERAGENCY WORKING GROUP. 

12 (a) IN GENERAL.—The Director of the Office of 

13 Science and Technology Policy, acting through the Na14 tional Science and Technology Council, shall establish an 

15 interagency working group for the purpose of coordinating 

16 Federal science agency efforts to reduce the prevalence of 

17 sexual harassment and gender harassment involving grant 

18 personnel. The working group shall be chaired by the Di19 rector of the Office of Science and Technology Policy (or 

20 the Director’s designee) and shall include a representative 

21 from each Federal science agency with annual extramural 

22 research expenditures totaling over $1,000,000,000, a rep23 resentative from the Department of Education, and a rep24 resentative from the U.S. Equal Employment Opportunity 

25 Commission. 


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1 (b) RESPONSIBILITIES OF WORKING GROUP.—The 

2 interagency working group established under subsection 

3 (a) shall coordinate Federal science agency efforts to im4 plement the policy guidelines developed under subsection 

5 (c)(2). 

6 (c) RESPONSIBILITIES OF OSTP.—The Director of 

7 the Office of Science and Technology Policy shall— 

8 (1) not later than 90 days after the date of the 

9 enactment of this Act, submit to the Committee on 

10 Science, Space, and Technology of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate an inven13 tory of policies, procedures, and resources dedicated 

14 to preventing and responding to reports of sexual 

15 harassment and gender harassment at Federal agen16 cies that provide legal definitions to which institu17 tions of higher education must comply; and 

18 (2) not later than 6 months after the date on 

19 which the inventory is submitted under paragraph 

20 (1)— 

21 (A) in consultation with outside stake22 holders and Federal science agencies, develop a 

23 uniform set of policy guidelines for Federal 

24 science agencies; and 


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1 (B) submit a report to the committees re2 ferred to in paragraph (1) containing such 

3 guidelines; 

4 (3) encourage and monitor efforts of Federal 

5 science agencies to develop or maintain and imple6 ment policies based on the guidelines developed 

7 under paragraph (2), including the extent to which 

8 Federal science agency policies depart from the uni9 form policy guidelines; 

10 (4) not later than 1 year after the date on 

11 which the inventory under paragraph (1) is sub12 mitted, and every 5 years thereafter, the Director of 

13 the Office of Science and Technology Policy shall re14 port to Congress on the implementation by Federal 

15 science agencies of the policy guidelines developed 

16 under paragraph (2); and 

17 (5) update such policy guidelines as needed. 

18 (d) REQUIREMENTS.—In developing policy guidelines 

19 under subsection (c)(2), the Director of the Office of 

20 Science and Technology Policy shall include guidelines 

21 that require— 

22 (1) grantees to submit to the Federal science 

23 agency or agencies from which the grantees receive 

24 funding reports relating to— 


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1 (A) administrative action, related to an al2 legation against grant personnel of any sexual 

3 harassment or gender harassment, as set forth 

4 in organizational policies or codes of conduct, 

5 statutes, regulations, or executive orders, that 

6 affects the ability of grant personnel or their 

7 trainees to carry out the activities of the grant; 

8 and 

9 (B) findings or determinations against 

10 grant personnel of sexual harassment or gender 

11 harassment, as set forth in organizational poli12 cies or codes of conduct, statutes, regulations, 

13 or executive orders, including any findings or 

14 determinations related to reports submitted 

15 under subparagraph (A) and any disciplinary 

16 action that was taken; 

17 (2) the sharing, updating, and archiving of re18 ports of sexual harassment and gender harassment 

19 from grantees submitted under paragraph (1)(B) 

20 with relevant Federal science agencies on a quarterly 

21 basis; and 

22 (3) to the extent practicable, ensure consistency 

23 among Federal agencies with regards to the policies 

24 and procedures for receiving reports submitted pur25 suant to paragraph (1), which may include the desVerDate Sep 11 2014 23:10 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H36.RFS H36

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1 ignation of a single agency to field reports so sub2 mitted. 

3 (e) CONSIDERATIONS.—In developing policy guide4 lines under subsection (c)(2), the Director of the Office 

5 of Science and Technology Policy shall consider guidelines 

6 that require or incentivize— 

7 (1) grantees to periodically assess their organi8 zational climate, which may include the use of cli9 mate surveys, focus groups, or exit interviews; 

10 (2) grantees to publish on a publicly available 

11 internet website the results of assessments con12 ducted pursuant to paragraph (1), disaggregated by 

13 gender and, if possible, race, ethnicity, disability sta14 tus, and sexual orientation; 

15 (3) grantees to make public on an annual basis 

16 the number of reports of sexual harassment and 

17 gender harassment at each such institution; 

18 (4) grantees to regularly assess and improve 

19 policies, procedures, and interventions to reduce the 

20 prevalence of sexual harassment and gender harass21 ment; 

22 (5) each grantee to demonstrate in its proposal 

23 for a grant award, cooperative agreement, or con24 tract that a code of conduct is in place for maintainVerDate Sep 11 2014 23:10 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H36.RFS H36

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1 ing a healthy and welcoming workplace for grant 

2 personnel and their trainees; 

3 (6) the diffusion of the hierarchical and depend4 ent relationships between grant personnel and their 

5 trainees; 

6 (7) each grantee and Federal science agency to 

7 have in place mechanisms for the re-integration of 

8 individuals who have experienced sexual harassment 

9 and gender harassment; and 

10 (8) grantees to work to create a climate intoler11 ant of sexual harassment and gender harassment. 

12 (f) FEDERAL SCIENCE AGENCY IMPLEMENTATION.— 

13 Each Federal science agency shall— 

14 (1) develop or maintain and implement policies 

15 with respect to sexual harassment and gender har16 assment that are consistent with policy guidelines 

17 under subsection (c)(2) and that protect the privacy 

18 of all parties involved in any report and investigation 

19 of sexual harassment and gender harassment, except 

20 to the extent necessary to carry out an investigation; 

21 and 

22 (2) broadly disseminate such policies to current 

23 and potential recipients of research grants, coopera24 tive agreements, or contracts awarded by such agen25 cy. 


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1 (g) FERPA.—The Director of the Office of Science 

2 and Technology Policy shall ensure that such guidelines 

3 and requirements are consistent with the requirements of 

4 section 444 of the General Education Provisions Act (20 

5 U.S.C. 1232g) (commonly referred to as the ‘‘Family Edu6 cational Rights and Privacy Act of 1974’’). 

7 (h) SUNSET.—The interagency working group estab8 lished under subsection (a) shall terminate on the date 

9 that is 7 years after the date of the enactment of this 

10 Act. 

11 SEC. 8. NATIONAL ACADEMIES ASSESSMENT. 

12 (a) IN GENERAL.—Not later than 3 years after the 

13 date of enactment of this Act, the Director shall enter into 

14 an agreement with the Academies to undertake a study 

15 of the influence of sexual harassment and gender harass16 ment in institutions of higher education on the career ad17 vancement of individuals in the STEM workforce. The 

18 study shall assess— 

19 (1) the state of research on sexual harassment 

20 and gender harassment in such workforce; 

21 (2) whether research demonstrates a change in 

22 the prevalence of sexual harassment and gender har23 assment in such workforce; 

24 (3) the progress made with respect to imple25 menting recommendations promulgated in the AcadVerDate Sep 11 2014 23:10 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H36.RFS H36

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1 emies consensus study report entitled ‘‘Sexual Har2 assment of Women: Climate, Culture, and Con3 sequences in Academic Sciences, Engineering, and 

4 Medicine’’; and 

5 (4) where to focus future efforts with respect to 

6 decreasing sexual harassment and gender harass7 ment in such institutions. 

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

9 There is authorized to be appropriated to the Direc10 tor to carry out this Act, $17,500,000. 

Passed the House of Representatives July 23, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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