Title: Combating Sexual Harassment in Science Act of 2021
Policy area: Science, Technology, Communications

Summary:
Combating Sexual Harassment in Science Act
This bill addresses sexual harassment in the science, technology, engineering, and mathematics (STEM) fields by supporting research regarding sexual harassment and efforts to prevent and respond to sexual harassment.
This bill directs the National Science Foundation (NSF) to award grants to institutions of higher education or nonprofit organizations (or their consortia) to
The NSF must convene a working group to gather national data on the prevalence, nature, and implications of such harassment in institutions of higher education.
The NSF shall enter into agreements with the National Academies of Sciences, Engineering, and Medicine to (1) update a responsible conduct guide issued by the National Academies to include, among other things, evidence-based practices for fostering a climate that is intolerant of sexual harassment; and (2) study the influence of sexual harassment in institutions of higher education on the career advancement of individuals in the STEM workforce.
The National Science and Technology Council shall establish an interagency working group to coordinate the federal science agencies' efforts to reduce the prevalence of sexual harassment involving grant personnel.
The Office of Science and Technology Policy must develop policy guidelines for such agencies to prevent and respond to reports of sexual harassment and gender harassment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1379 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1379

      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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2021

 Mr. Blumenthal (for himself, Ms. Smith, Mr. Reed, Mr. Van Hollen, Ms. 
   Klobuchar, Ms. Hirono, Mrs. Shaheen, Mr. Sanders, Mr. Wyden, Mr. 
Markey, Ms. Rosen, Mr. Brown, and Mr. Padilla) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Combating Sexual 
Harassment in Science Act of 2021''.
    (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. Government Accountability Office Study.

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 employees 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 of color are more likely to experience 
                sexual harassment and to feel unsafe at work than white 
                women, white men, or men of color;
                    (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 study led by Dr. Kathryn Clancy at 
        the University of Illinois, among astronomers and planetary 
        scientists, 18 percent of women of color 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 grant recipients 
        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) Grant personnel.--The term ``grant personnel'' means 
        principal investigators and co-principal investigators 
        supported by a grant award under Federal law and their 
        trainees.
            (5) 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).
            (6) Recipient.--The term ``recipient'' means an entity, 
        usually a non-Federal entity, that receives a Federal award 
        directly from a Federal awarding agency. The term ``recipient'' 
        does not include entities that receive subgrants or individuals 
        that are the beneficiaries of the award.
            (7) Sexual harassment.--The term ``sexual harassment'' 
        means conduct that encompasses--
                    (A) verbal and nonverbal behaviors that are severe 
                and pervasive and convey, among other things, 
                hostility, objectification, ridicule, exclusion, or 
                second-class status about one's sex (including sexual 
                orientation, gender identity, gender presentation, or 
                pregnancy status);
                    (B) unwelcome sexual advances;
                    (C) unwanted physical contact that is sexual in 
                nature, including assault;
                    (D) unwanted sexual attention, including sexual 
                comments and propositions for sexual activity;
                    (E) conditioning professional or educational 
                benefits on sexual activity; and
                    (F) retaliation for rejecting unwanted sexual 
                attention.

SEC. 4. RESEARCH GRANTS.

    (a) In General.--The Director shall 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 
        affecting individuals in the scientific, technical, 
        engineering, and mathematics 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 experiences of 
        individuals in underrepresented or vulnerable groups, including 
        communities of color, disabled individuals, foreign nationals, 
        sexual- and gender-minority individuals, and others;
            (2) development and assessment of policies, procedures, 
        trainings, and interventions, with respect to sexual 
        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 or 
        nonprofit organizations to develop, adapt, implement, and 
        assess the impact of innovative, evidence-based strategies, 
        policies, and approaches to policy implementation to prevent 
        and address sexual harassment;
            (5) research on alternatives to the power dynamics and 
        hierarchical and dependent relationships in academia that have 
        been shown to create higher levels of risk for and lower levels 
        of reporting of sexual harassment; and
            (6) establishing a center for the ongoing compilation, 
        management, and analysis of organizational climate survey data.

SEC. 5. DATA COLLECTION.

    Not later than 180 days after the date of enactment of this Act, 
the Director, through the National Center for Science and Engineering 
Statistics and with guidance from the Office of Management and Budget 
given their oversight of the Federal statistical agencies, shall 
convene a working group composed of representatives of Federal 
statistical agencies--
            (1) to develop questions on sexual harassment in science, 
        technology, engineering, and mathematics departments to gather 
        national data on the prevalence, nature, and implications of 
        sexual harassment in institutions of higher education that 
        builds on the work conducted by the National Center for Science 
        and Engineering Statistics in response to recommendations from 
        the Academies to develop questions on harassment; 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.

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;
            (4) methods, including bystander intervention, for 
        identifying and addressing incidents of sexual harassment;
            (5) professional standards for mentorship and teaching with 
        an emphasis on power diffusion mechanisms and preventing sexual 
        harassment; and
            (6) recommended vetting and hiring practices scientific 
        research entities are urged to implement to increase diversity 
        and eliminate serial harassers.
    (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 agreement 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 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, representatives from the 
Department of Education, and a representative from the 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 Federal science agency policies, procedures, and 
        resources dedicated to preventing and responding to reports of 
        sexual harassment;
            (2) not later than 6 months after the date on which the 
        inventory is submitted under paragraph (1)--
                    (A) in consultation with outside stakeholders, 
                develop a 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);
            (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.--
            (1) In general.--In developing policy guidelines under 
        subsection (c)(2), the Director of the Office of Science and 
        Technology Policy shall consider guidelines that require--
                    (A) recipients to submit to the Federal science 
                agency or agencies from which the recipients receive 
                funding reports relating to--
                            (i) findings or determinations of sexual 
                        harassment by or of grant personnel; and
                            (ii) any decisions made to place grant 
                        personnel on administrative leave or impose any 
                        administrative action on grant personnel 
                        related to any sexual harassment investigation;
                    (B) the updating, sharing, and archiving of reports 
                of sexual harassment from recipients submitted under 
                subparagraph (A) with relevant Federal science agencies 
                by agency request; and
                    (C) to the extent practicable, consistency among 
                relevant Federal science agencies with regards to the 
                policies and procedures for receiving reports submitted 
                pursuant to subparagraph (A).
            (2) 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'').
    (e) Considerations.--In developing policy guidelines under 
subsection (c)(2), the Director of the Office of Science and Technology 
Policy shall consider protocols that--
            (1) require recipients that receive funds from Federal 
        science agencies to periodically assess their organizational 
        climate, which may include the use of climate surveys, focus 
        groups, or exit interviews;
            (2) require recipients that receive funds from Federal 
        science agencies 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) require recipients that receive funds from Federal 
        science agencies to make public on an annual basis the number 
        of reports of sexual harassment at that institution or 
        organization;
            (4) require recipients that receive funds from Federal 
        science agencies to regularly assess and improve policies, 
        procedures, and interventions to reduce the prevalence of and 
        improve the reporting of sexual harassment;
            (5) require each entity applying for Federal assistance 
        awards from a Federal science agency to have a code of conduct 
        for maintaining a healthy and welcoming workplace for grant 
        personnel posted on their public website;
            (6) require each recipient that receives funds from Federal 
        science agencies to have in place mechanisms for the re-
        integration of individuals who have experienced sexual 
        harassment; and
            (7) reward and incentivize recipients that receive funds 
        from Federal science agencies that are working to create a 
        climate intolerant of sexual harassment and that values and 
        promotes diversity and inclusion.
    (f) Federal Science Agency Implementation.--Each Federal science 
agency shall--
            (1) develop or maintain and implement policies with respect 
        to sexual 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, except to the extent necessary to carry out an 
        investigation; and
            (2) broadly disseminate such policies to current and 
        potential recipients of research grants awarded by such agency.
    (g) 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.

    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 in institutions of higher 
education on the career advancement of individuals in the scientific, 
engineering, technical, and mathematics workforce. The study shall 
assess--
            (1) the state of research on sexual harassment in such 
        workforce;
            (2) whether research demonstrates a decrease in the 
        prevalence of sexual harassment in such workforce;
            (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 in such institutions.

SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--
            (1) complete a study that assesses the degree to which 
        Federal science agencies have implemented the policy guidelines 
        developed under section 7(c)(2) and the effectiveness of that 
        implementation; and
            (2) submit a report to the Committee on Science, Space, and 
        Technology of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate on the 
        results of such study, including recommendations on potential 
        changes to practices and policies to improve those guidelines 
        and that implementation.
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