I 
116TH CONGRESS 
1ST SESSION H. R. 5328 
To require certain information be reported with respect to principal investiga-
tors who have discriminated, including harassed, on the basis of sex 
(including gender identity, sexual orientation, pregnancy, childbirth, med-
ical conditions related to pregnancy and childbirth, parental status, and 
sex stereotype), and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2019 
Ms. SPEIER (for herself, Ms. KUSTER of New Hampshire, Mr. RUSH, Mr. 
KHANNA, Ms. SLOTKIN, and Ms. DEAN) introduced the following bill; 
which was referred to the Committee on Education and Labor, and in 
addition to the Committees on Oversight and Reform, and Science, 
Space, and Technology, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To require certain information be reported with respect to 
principal investigators who have discriminated, including 
harassed, on the basis of sex (including gender identity, 
sexual orientation, pregnancy, childbirth, medical condi-
tions related to pregnancy and childbirth, parental sta-
tus, and sex stereotype), and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Funding Ac-
countability for Sexual Harassers Act’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) Discrimination on the basis of sex remains 
pervasive in the academic workplace and especially 
in the fields of science, engineering, and medicine. 
(2) According to a study conducted by the Na-
tional Academies of Sciences, Engineering, and Med-
icine in 2018— 
(A) academic workplaces have a rate of 
sexual harassment equal to 58 percent, which is 
second only to the military, which has a rate of 
sexual harassment equal to 69 percent; 
(B) more than 50 percent of female faculty 
and staff and an estimated 20 to 50 percent of 
female students encounter or experience sexual 
harassment in academia; 
(C) in a survey of undergraduate and 
graduate students, 1 in 5 female science stu-
dents, 1 in 4 female engineering students, and 
2 in 5 female medical students experienced sex-
ual harassment from faculty and staff; 
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(D) with respect to sexual harassment, 
sexual and racial minorities are disproportion-
ately targeted; 
(E) in a study of employees in higher edu-
cation, nearly 77 percent of sexual minorities of 
both genders experienced gender harassment 
compared to 30 percent of heterosexuals; 
(F) women of color and racial or ethnic 
minorities experience harassment differently 
from other populations given their intersectional 
identities; and 
(G) policies and procedures in effect as of 
the date of enactment of this Act often protect 
the liability of institutions of higher education 
but are not effective in preventing sexual har-
assment. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that academic institutions and the Federal Govern-
ment should work together to meaningfully address the 
issue of sexual harassment by ensuring a culture of ac-
countability, transparency, and inclusion. 
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SEC. 3. UNIQUE IDENTIFIER REQUIREMENTS FOR PRIN-
CIPAL INVESTIGATORS. 
Section 2 of the Federal Funding Accountability and 
Transparency Act of 2006 (31 U.S.C. 6101 note) is 
amended— 
(1) in subsection (a)— 
(A) 
by 
redesignating 
paragraphs 
(6) 
through (8) as paragraphs (7) through (9), re-
spectively; and 
(B) by inserting after paragraph (5), the 
following: 
‘‘(6) PRINCIPAL
INVESTIGATOR
OR
PROGRAM 
DIRECTOR.—The term ‘Principal Investigator or 
Program Director’— 
‘‘(A) means an individual— 
‘‘(i) designated by the entity receiving 
the award to direct or lead the project, 
program, or activity being supported by 
the grant; and 
‘‘(ii) responsible and accountable to 
the entity receiving the award for the prop-
er conduct of the project, program, or ac-
tivity; and 
‘‘(B) includes an individual identified by 
such institution as a co-principal investigator 
with respect to such grant.’’; and 
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(2) in subsection (b)(1)(E)— 
(A) by striking ‘‘award and’’ and inserting 
‘‘award,’’; and 
(B) by inserting ‘‘, and the Principal In-
vestigator or Program Director’’ after ‘‘another 
entity’’. 
SEC. 4. REQUIREMENTS FOR INSTITUTIONS OF HIGHER 
EDUCATION. 
(a) IN GENERAL.—Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)) is amended 
by adding at the end the following: 
‘‘(30)(A) With respect to any individual who, as 
a result of a grievance procedure described in section 
106.8(b) of title 34, Code of Federal Regulations (or 
successor regulations) and carried out by the institu-
tion, is 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 in-
vestigator at the institution, the institution will re-
port (not later than 1 month after the final disposi-
tion of such grievance procedure)— 
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‘‘(i) to the Federal clearinghouse des-
ignated by the Director of the Office of Man-
agement and Budget under section 7504 of title 
31, United States Code, the information speci-
fied in subclauses (I) through (VI) of clause 
(ii); and 
‘‘(ii) to each Federal department and agen-
cy that has awarded such institution a competi-
tive research and development grant on or after 
the date that is 10 years before such finding, 
the following information: 
‘‘(I) The unique identifier of such in-
dividual. 
‘‘(II) The date and nature of the vio-
lation for which such determination was 
made. 
‘‘(III) A list of competitive research 
grants (including identifying numbers) for 
which the individual was a principal inves-
tigator. 
‘‘(IV) The findings of such determina-
tion. 
‘‘(V) The remedy (such as corrective 
training or suspension) required by the in-
stitution after such determination. 
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‘‘(VI) Whether findings of discrimina-
tion, including harassment, on the basis of 
sex (including gender identity, sexual ori-
entation, pregnancy, childbirth, medical 
conditions related to pregnancy and child-
birth, parental status, and sex stereotype) 
have been found against such an investi-
gator previously. 
‘‘(B) With respect to a complaint alleging dis-
crimination, 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) by a principal investigator at the institu-
tion, which was filed with such institution, but for 
which the institution has not completed a grievance 
procedure described in section 106.8(b) of title 34, 
Code of Federal Regulations (or successor regula-
tions) 6 months after the date on which such com-
plaint was filed, the institution will report (not later 
than the date that is 7 months after the date on 
which such complaint was filed)— 
‘‘(i) to the Federal clearinghouse des-
ignated by the Director of the Office of Man-
agement and Budget under section 7504 of title 
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31, United States Code, the information speci-
fied in subclauses (I) through (VI) of clause 
(ii); and 
‘‘(ii) to each Federal department and agen-
cy that has awarded such institution a competi-
tive research and development grant on or after 
the date that is 10 years before such complaint 
was filed, the following information: 
‘‘(I) The current status of the com-
plaint. 
‘‘(II) The nature of the complaint. 
‘‘(III) The date of the alleged viola-
tion. 
‘‘(IV) The reason why the institution 
has yet to complete the grievance proce-
dure. 
‘‘(V) Whether findings of discrimina-
tion, including harassment, on the basis of 
sex (including gender identity, sexual ori-
entation, pregnancy, childbirth, medical 
conditions related to pregnancy and child-
birth, parental status, and sex stereotype) 
have been found, against such an investi-
gator previously. 
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‘‘(C) In the case of an institution that is re-
quired to report information— 
‘‘(i) under subparagraph (A), the institu-
tion will— 
‘‘(I) ensure that such information is 
accurate; and 
‘‘(II) if errors are discovered in such 
information— 
‘‘(aa) report the corrected infor-
mation to each Federal department 
and agency described in such subpara-
graph, as soon as practicable; and 
‘‘(bb) submit, as soon as prac-
ticable, to the Federal clearinghouse 
designated by the Director of the Of-
fice of Management and Budget under 
section 7504 of title 31, United States 
Code, a request to correct such infor-
mation; or 
‘‘(ii) under subparagraph (B), the institu-
tion will not report any personally identifiable 
information with respect to individuals involved 
with the formal complaint on which the institu-
tion is reporting. 
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‘‘(D) Upon receiving a request described in sub-
paragraph (C)(i)(II)(bb), the Federal clearinghouse 
designated by the Director of the Office of Manage-
ment and Budget under section 7504 of title 31, 
United States Code, shall modify or remove informa-
tion reported under subparagraph (A), as applicable. 
‘‘(E) For purposes of this paragraph, the term 
‘principal investigator’ has the meaning given the 
term in paragraph (6) of section 2(a) of the Federal 
Funding Accountability and Transparency Act of 
2006 (31 U.S.C. 6101 note). 
‘‘(31) The institution will disclose in any appli-
cation for a Federal award (as defined in section 2 
of the Federal Funding Accountability and Trans-
parency Act of 2006 (31 U.S.C. 6101 note)) sub-
mitted by such institution whether, with respect to 
such Federal award, a principal investigator (as de-
fined in paragraph (30)(D))— 
‘‘(A) is, at the time such application is 
submitted, subject to a grievance procedure de-
scribed in section 106.8(b) of title 34, Code of 
Federal Regulations (or successor regulations); 
or 
‘‘(B) has been found by the institution to 
have engaged in discrimination, including har-
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assment, on the basis of sex (including gender 
identity, sexual orientation, pregnancy, child-
birth, medical conditions related to pregnancy 
and childbirth, parental status, and sex stereo-
type) while the individual was a principal inves-
tigator at the institution.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, or the amendments made by this section, shall be 
construed to require that an institution of higher edu-
cation make a legal determination that title IX of the Edu-
cation Amendments of 1972 (20 U.S.C. 1681 et seq.) has 
been violated in order to conclude that discrimination, in-
cluding 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. 
SEC. 5. REQUIREMENTS FOR CERTAIN FEDERAL DEPART-
MENTS 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— 
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(A) shall determine whether any reports 
have been obtained by the Federal clearing-
house 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 sec-
tion 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 edu-
cation 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; or 
(B) in a case in which during the 10-year 
period described in subparagraph (A) an addi-
tional such report is filed on such individual, 
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for the 10-year period beginning on the date of 
receipt of such additional report; and 
(3) may condition such grant award on the pro-
hibition of the individual for which a report has been 
filed under such paragraph from using the grant 
award or carrying out activities under the grant. 
(b) REPORTS.—Each Federal department or agency 
authorized to award research and development grants on 
a competitive basis shall annually submit a report to Con-
gress that includes— 
(1) the number of reports submitted 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, and disaggregated by reports re-
ceived under clause (i) of such paragraph and by re-
ports received under clause (ii) of such paragraph; 
and 
(2) the number of cases in which the depart-
ment or agency recommended awarding such a grant 
for which the principal investigator was an indi-
vidual on which a report under such paragraph had 
been filed during the preceding fiscal year and the 
reasons for each such recommendation. 
(c) DEFINITIONS.—In this section: 
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(1) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002). 
(2) 
PRINCIPAL
INVESTIGATOR.—The 
term 
‘‘principal investigator’’ has the meaning given the 
term in paragraph (6) of section 2(a) of the Federal 
Funding Accountability and Transparency Act of 
2006 (31 U.S.C. 6101 note). 
SEC. 6. STUDY AND REPORT. 
The Secretary of Education shall enter into a con-
tract with the National Academies of Sciences, Engineer-
ing, and Medicine under which the National Academies 
of Sciences, Engineering, and Medicine shall, not later 
than 5 years after the date of the enactment of this Act, 
and every 5 years thereafter, conduct a comprehensive 
study that includes— 
(1) a summary of the implementation of the 
recommendations from the 2018 study of such Na-
tional Academies entitled ‘‘The Sexual Harassment 
of Women: Climate, Culture, and Consequences in 
Academic Sciences, Engineering, and Medicine’’ in— 
(A) institutions of higher education; 
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(B) Federal agencies that provide competi-
tively awarded grants for research and develop-
ment; 
(C) nonprofit organizations; and 
(D) other appropriate entities identified by 
such National Academies; 
(2) with respect to the implementation de-
scribed in paragraph (1), an analysis of the effect of 
such implementation on addressing and preventing 
sexual harassment; 
(3) a summary of the strategies employed by 
the entities described in subparagraphs (A) through 
(D) of paragraph (1) to address and prevent sexual 
harassment; 
(4) an analysis of the extent to which such 
strategies have been researched and evaluated; 
(5) with respect to the strategies described in 
paragraph (3), an analysis of the effect of such 
strategies on addressing and preventing sexual har-
assment; and 
(6) a description of— 
(A) the legislative, administrative, edu-
cational, and cultural barriers to implementing 
effective policies and practices aimed at reduc-
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ing the negative impacts of sexual harassment; 
and 
(B) the strategies for overcoming such bar-
riers. 
Æ 
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