Title: Federal Funding Accountability for Sexual Harassers Act
Policy area: Education

Summary:
Federal Funding Accountability for Sexual Harassers Act
This bill requires institutions of higher education (IHEs) that receive federal funding to report certain instances of discrimination on the basis of sex.
Such IHEs must report, to all federal agencies that awarded competitive research and development grants over the previous 10 years and to the Federal Audit Clearinghouse, substantiated findings of discrimination (including harassment) on the basis of sex by a principal investigator or program director.
A principal investigator or program director is an individual designated to direct or lead a project, program, or activity supported by a federal grant and who is responsible and accountable for the proper conduct of the project, program, or activity.
In addition, each federal department or agency that is authorized to award competitive research and development grants must take into consideration any such reports when making the final decision of whether to award a grant to an IHE. The department or agency may condition the grant award on the prohibition of an individual for whom a report has been filed from using the grant award or carrying out activities under the grant.
The National Academies of Sciences, Engineering, and Medicine must study and report on the implementation and effectiveness of strategies employed to address and prevent sexual harassment.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5328 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 5328

 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 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 conditions related to pregnancy and childbirth, 
     parental status, and sex stereotype), and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Funding Accountability 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 National 
        Academies of Sciences, Engineering, and Medicine 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 students, 1 in 4 female 
                engineering students, and 2 in 5 female medical 
                students experienced sexual harassment from faculty and 
                staff;
                    (D) with respect to sexual harassment, sexual and 
                racial minorities are disproportionately targeted;
                    (E) in a study of employees in higher education, 
                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 harassment.
    (b) Sense of Congress.--It is the sense of Congress that academic 
institutions and the Federal Government should work together to 
meaningfully address the issue of sexual harassment by ensuring a 
culture of accountability, transparency, and inclusion.

SEC. 3. UNIQUE IDENTIFIER REQUIREMENTS FOR PRINCIPAL 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), respectively; 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 proper 
                        conduct of the project, program, or activity; 
                        and
                    ``(B) includes an individual identified by such 
                institution as a co-principal investigator with respect 
                to such grant.''; and
            (2) in subsection (b)(1)(E)--
                    (A) by striking ``award and'' and inserting 
                ``award,''; and
                    (B) by inserting ``, and the Principal Investigator 
                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 institution, 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 investigator at the institution, the 
        institution will report (not later than 1 month after the final 
        disposition of such grievance procedure)--
                    ``(i) to the Federal clearinghouse designated by 
                the Director of the Office of Management and Budget 
                under section 7504 of title 31, United States Code, the 
                information specified in subclauses (I) through (VI) of 
                clause (ii); and
                    ``(ii) to each Federal department and agency that 
                has awarded such institution a competitive 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 
                        individual.
                            ``(II) The date and nature of the violation 
                        for which such determination was made.
                            ``(III) A list of competitive research 
                        grants (including identifying numbers) for 
                        which the individual was a principal 
                        investigator.
                            ``(IV) The findings of such determination.
                            ``(V) The remedy (such as corrective 
                        training or suspension) required by the 
                        institution after such determination.
                            ``(VI) Whether findings of 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) have been found 
                        against such an investigator previously.
            ``(B) With respect to a complaint alleging 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) by a principal investigator at the 
        institution, 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 regulations) 6 months after the date 
        on which such complaint 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 designated by 
                the Director of the Office of Management and Budget 
                under section 7504 of title 31, United States Code, the 
                information specified in subclauses (I) through (VI) of 
                clause (ii); and
                    ``(ii) to each Federal department and agency that 
                has awarded such institution a competitive 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 complaint.
                            ``(II) The nature of the complaint.
                            ``(III) The date of the alleged violation.
                            ``(IV) The reason why the institution has 
                        yet to complete the grievance procedure.
                            ``(V) Whether findings of 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) have been found, 
                        against such an investigator previously.
            ``(C) In the case of an institution that is required to 
        report information--
                    ``(i) under subparagraph (A), the institution 
                will--
                            ``(I) ensure that such information is 
                        accurate; and
                            ``(II) if errors are discovered in such 
                        information--
                                    ``(aa) report the corrected 
                                information to each Federal department 
                                and agency described in such 
                                subparagraph, as soon as practicable; 
                                and
                                    ``(bb) submit, as soon as 
                                practicable, to the Federal 
                                clearinghouse designated by the 
                                Director of the Office of Management 
                                and Budget under section 7504 of title 
                                31, United States Code, a request to 
                                correct such information; or
                    ``(ii) under subparagraph (B), the institution will 
                not report any personally identifiable information with 
                respect to individuals involved with the formal 
                complaint on which the institution is reporting.
            ``(D) Upon receiving a request described in subparagraph 
        (C)(i)(II)(bb), the Federal clearinghouse designated by the 
        Director of the Office of Management and Budget under section 
        7504 of title 31, United States Code, shall modify or remove 
        information 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 application for 
        a Federal award (as defined in section 2 of the Federal Funding 
        Accountability and Transparency Act of 2006 (31 U.S.C. 6101 
        note)) submitted by such institution whether, with respect to 
        such Federal award, a principal investigator (as defined in 
        paragraph (30)(D))--
                    ``(A) is, at the time such application is 
                submitted, subject to a grievance procedure described 
                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 harassment, on the 
                basis of sex (including gender identity, sexual 
                orientation, pregnancy, childbirth, medical conditions 
                related to pregnancy and childbirth, parental status, 
                and sex stereotype) while the individual was a 
                principal investigator at the institution.''.
    (b) Rule of Construction.--Nothing in this section, or the 
amendments made by this section, shall be construed to require that an 
institution of higher education make a legal determination that title 
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) has 
been violated in order to conclude that discrimination, including 
harassment, on the basis of sex (including gender identity, sexual 
orientation, pregnancy, childbirth, medical conditions related to 
pregnancy and childbirth, parental status, and sex stereotype) has 
occurred.

SEC. 5. REQUIREMENTS FOR CERTAIN FEDERAL DEPARTMENTS AND AGENCIES.

    (a) In General.--Each Federal department or agency authorized to 
award research and development grants on a competitive basis--
            (1) when making the final decision of whether to award such 
        a grant to an institution of higher education--
                    (A) shall determine whether any reports have been 
                obtained by the Federal clearinghouse designated by the 
                Director of the Office of Management and Budget under 
                section 7504 of title 31, United States Code;
                    (B) shall determine whether any reports have been 
                filed under paragraph (30)(A) of section 487(a) of the 
                Higher Education Act of 1965 (20 U.S.C. 1094(a)), as 
                added by section 3, on any individual who will be the 
                principal investigator at the institution of higher 
                education for such grant; and
                    (C) if such a report has been filed, will consider 
                the report when making such decision; and
            (2) shall keep each report received under such paragraph on 
        an individual--
                    (A) in a case in which during the 10-year period 
                beginning on the date of receipt of such report no 
                additional such report is filed on such individual, for 
                such 10-year period; or
                    (B) in a case in which during the 10-year period 
                described in subparagraph (A) an additional such report 
                is filed on such individual, for the 10-year period 
                beginning on the date of receipt of such additional 
                report; and
            (3) may condition such grant award on the prohibition 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 Congress 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 received under clause (i) of such paragraph and by 
        reports received under clause (ii) of such paragraph; and
            (2) the number of cases in which the department or agency 
        recommended awarding such a grant for which the principal 
        investigator was an individual 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:
            (1) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher 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 contract with the 
National Academies of Sciences, Engineering, 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 National Academies entitled ``The 
        Sexual Harassment of Women: Climate, Culture, and Consequences 
        in Academic Sciences, Engineering, and Medicine'' in--
                    (A) institutions of higher education;
                    (B) Federal agencies that provide competitively 
                awarded grants for research and development;
                    (C) nonprofit organizations; and
                    (D) other appropriate entities identified by such 
                National Academies;
            (2) with respect to the implementation described 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 harassment; and
            (6) a description of--
                    (A) the legislative, administrative, educational, 
                and cultural barriers to implementing effective 
                policies and practices aimed at reducing the negative 
                impacts of sexual harassment; and
                    (B) the strategies for overcoming such barriers.
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