[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6161 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6161

 To amend the Higher Education Act of 1965 to require institutions of 
  higher education to notify certain Federal agencies when principal 
  investigators at such institutions engage in discrimination on the 
                 basis of sex, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2016

 Ms. Speier (for herself, Ms. Judy Chu of California, Mr. Gallego, Ms. 
  Kaptur, Ms. Lee, Mr. McNerney, and Mr. Ryan of Ohio) introduced the 
 following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committees on Science, Space, and 
Technology, and the Budget, 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 amend the Higher Education Act of 1965 to require institutions of 
  higher education to notify certain Federal agencies when principal 
  investigators at such institutions engage in discrimination on the 
                 basis of sex, 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. REQUIREMENTS FOR INSTITUTIONS OF HIGHER EDUCATION.

    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 whom, as a result 
        of a grievance procedure described in section 106.8(b) of title 
        34, Code of Federal Regulations (or successor regulations) 
        carried out by the institution, is found by the institution to 
        have engaged in discrimination on the basis of sex while the 
        individual was a principal investigator at the institution, the 
        institution will report (not later than 1 month after such 
        finding) 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 name of the individual.
                    ``(ii) The date and nature of the violation for 
                which such determination was made.
                    ``(iii) The findings of such determination.
                    ``(iv) The remedy (such as corrective training or 
                suspension) required by the institution after such 
                determination.
            ``(B) With respect to a formal complaint alleging 
        discrimination on the basis of sex by a principal investigator 
        at the institution, which was filed with such institution, but 
        for which the institution has not carried out 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) 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.
            ``(C) In the case of an institution that is required to 
        report information--
                    ``(i) under subparagraph (A) or (B), the 
                institution will--
                            ``(I) ensure that such information is 
                        accurate; and
                            ``(II) if errors are discovered in such 
                        information, report the corrected information 
                        to each Federal department and agency described 
                        in such subparagraphs, as soon as practicable; 
                        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) For purposes of this paragraph, the term `principal 
        investigator', when used with respect to an institution of 
        higher education--
                    ``(i) means an individual at and approved by such 
                institution to be responsible for the scientific or 
                technical direction of a research and development grant 
                awarded (or that may be awarded) to the institution by 
                a Federal department or agency; and
                    ``(ii) includes an individual identified by such 
                institution as a co-investigator, senior personnel, or 
                an individual in an equivalent position at the 
                institution with respect to such grant.''.

SEC. 3. 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 
                filed under section 487(a)(30)(A) of the Higher 
                Education Act of 1965 (20 U.S.C. 1094(a)(30)(A)), as 
                added by section 2, on any individual who will be the 
                principal investigator at the institution of higher 
                education for such grant; and
                    (B) if such a report has been filed, will consider 
                the report when making such decision; and
            (2) shall keep each report received under such section 
        487(a)(30)(A) (20 U.S.C. 1094(a)(30)(A)) 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) shall carry out the reporting requirements described in 
        section 1105(a)(40) of title 31, United States Code, as added 
        by section 4.
    (b) 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 section 
        487(a)(30)(D), as added by section 2.

SEC. 4. REPORTING REQUIREMENTS FOR CERTAIN FEDERAL DEPARTMENTS AND 
              AGENCIES.

    Section 1105(a)(40) of title 31, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(40) in the case of a Federal department or agency 
        authorized to award research and development grants on a 
        competitive basis--
                    ``(A) the number of reports received under section 
                487(a)(30) of the Higher Education Act of 1965 (20 
                U.S.C. 1094(a)(30)), as added by the Federal Funding 
                Accountability for Sexual Harassers Act, and 
                disaggregated by reports received under subparagraph 
                (A) and by reports received under subparagraph (B) of 
                such section; and
                    ``(B) the number of cases in which the department 
                or agency recommended awarding such a grant for which 
                the principal investigator (as defined in section 3(b) 
                of the Federal Funding Accountability for Sexual 
                Harassers Act) was an individual on which a report 
                under section 487(a)(30)(A) of the Higher Education Act 
                of 1965 (20 U.S.C. 1094(a)(30)(A)) had been filed 
                during the preceding fiscal year.''.

SEC. 5. STUDY AND REPORT.

    The Secretary of Education shall enter into a contract with the 
National Academy of Sciences under which the National Academy of 
Sciences shall--
            (1) conduct a comprehensive study on the prevalence and 
        impact of sexual harassment in higher education in science, 
        engineering, and medical departments and programs, which shall 
        include an evaluation of, and strategies to, address the 
        legislative, administrative, educational, and cultural barriers 
        to reducing the negative impacts of such sexual harassment; and
            (2) not later than 3 years after the date of enactment of 
        this Act, submit to the Secretary of Education and make public 
        a report on the results of such study, including--
                    (A) an evaluation of the impact of sexual 
                harassment on the academic careers of scientists, 
                engineers, and health care professionals;
                    (B) a review of current institutional procedures 
                for preventing sexual harassment with an assessment of 
                their efficacy, with comparisons to international 
                programs and procedures if relevant; and
                    (C) recommendations for evidence-based strategies 
                and policies that can reduce or eliminate sexual 
                harassment.
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