[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 36 Referred in Senate (RFS)]

<DOC>
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.

    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 2019''.
    (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. Authorization of appropriations.

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 individuals 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 who are members of racial or ethnic 
                minority groups are more likely to experience sexual 
                harassment and to feel unsafe at work than White women, 
                White men, or men who are members of such groups;
                    (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 University of Illinois study, among 
        astronomers and planetary scientists, 18 percent of women who 
        are members of racial or ethnic minority groups 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 grantees 
        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) Finding or determination.--The term ``finding or 
        determination'' means the final disposition of a matter 
        involving a violation of organizational policies and processes, 
        to include the exhaustion of permissible appeals, or a 
        conviction of a sexual offense in a criminal court of law.
            (5) Gender harassment.--The term ``gender harassment'' 
        means verbal and nonverbal behaviors that convey hostility, 
        objectification, exclusion, or second-class status about one's 
        gender, gender identity, gender presentation, sexual 
        orientation, or pregnancy status.
            (6) Grantee.--The term ``grantee'' means the legal entity 
        to which a grant is awarded and that is accountable to the 
        Federal Government for the use of the funds provided.
            (7) Grant personnel.--The term ``grant personnel'' means 
        principal investigators, co-principal investigators, 
        postdoctoral researchers and other employees supported by a 
        grant award, cooperative agreement, or contract under Federal 
        law.
            (8) 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).
            (9) Sexual harassment.--The term ``sexual harassment'' 
        means conduct that encompasses--
                    (A) unwelcome sexual advances;
                    (B) unwanted physical contact that is sexual in 
                nature, including assault;
                    (C) unwanted sexual attention, including sexual 
                comments and propositions for sexual activity;
                    (D) conditioning professional or educational 
                benefits on sexual activity; and
                    (E) retaliation for rejecting unwanted sexual 
                attention.
            (10) Stem.--The term ``STEM'' means science, technology, 
        engineering, and mathematics, including computer science.

SEC. 4. RESEARCH GRANTS.

    (a) In General.--The Director shall establish a program to 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 
        and gender harassment affecting individuals in the STEM 
        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 and gender harassment 
        experiences of individuals in underrepresented or vulnerable 
        groups, including racial and ethnic minority groups, 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 
        and gender 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 to 
        develop, adapt, and assess the impact of innovative, evidence-
        based strategies, policies, and approaches to policy 
        implementation to prevent and address sexual harassment and 
        gender harassment;
            (5) research on alternatives to the hierarchical and 
        dependent relationships, including but not limited to the 
        mentor-mentee relationship, in academia that have been shown to 
        create higher levels of risk for sexual harassment and gender 
        harassment; and
            (6) establishing a center for the ongoing compilation, 
        management, and analysis of campus climate survey data.

SEC. 5. DATA COLLECTION.

    Not later than 180 days after the date of enactment of this Act, 
the Director shall convene a working group composed of representatives 
of Federal statistical agencies--
            (1) to develop questions on sexual harassment and gender 
        harassment in STEM departments to gather national data on the 
        prevalence, nature, and implications of sexual harassment and 
        gender harassment in institutions of higher education; 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 and gender harassment;
            (4) methods, including bystander intervention, for 
        identifying and addressing incidents of sexual harassment and 
        gender harassment; and
            (5) professional standards for mentorship and teaching with 
        an emphasis on preventing sexual harassment and gender 
        harassment.
    (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 contract 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 and gender 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, a 
representative from the Department of Education, and a representative 
from the U.S. 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 policies, procedures, and resources dedicated to 
        preventing and responding to reports of sexual harassment and 
        gender harassment at Federal agencies that provide legal 
        definitions to which institutions of higher education must 
        comply; and
            (2) not later than 6 months after the date on which the 
        inventory is submitted under paragraph (1)--
                    (A) in consultation with outside stakeholders and 
                Federal science agencies, develop a uniform 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), including the 
        extent to which Federal science agency policies depart from the 
        uniform policy guidelines;
            (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.--In developing policy guidelines under subsection 
(c)(2), the Director of the Office of Science and Technology Policy 
shall include guidelines that require--
            (1) grantees to submit to the Federal science agency or 
        agencies from which the grantees receive funding reports 
        relating to--
                    (A) administrative action, related to an allegation 
                against grant personnel of any sexual harassment or 
                gender harassment, as set forth in organizational 
                policies or codes of conduct, statutes, regulations, or 
                executive orders, that affects the ability of grant 
                personnel or their trainees to carry out the activities 
                of the grant; and
                    (B) findings or determinations against grant 
                personnel of sexual harassment or gender harassment, as 
                set forth in organizational policies or codes of 
                conduct, statutes, regulations, or executive orders, 
                including any findings or determinations related to 
                reports submitted under subparagraph (A) and any 
                disciplinary action that was taken;
            (2) the sharing, updating, and archiving of reports of 
        sexual harassment and gender harassment from grantees submitted 
        under paragraph (1)(B) with relevant Federal science agencies 
        on a quarterly basis; and
            (3) to the extent practicable, ensure consistency among 
        Federal agencies with regards to the policies and procedures 
        for receiving reports submitted pursuant to paragraph (1), 
        which may include the designation of a single agency to field 
        reports so submitted.
    (e) Considerations.--In developing policy guidelines under 
subsection (c)(2), the Director of the Office of Science and Technology 
Policy shall consider guidelines that require or incentivize--
            (1) grantees to periodically assess their organizational 
        climate, which may include the use of climate surveys, focus 
        groups, or exit interviews;
            (2) grantees 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) grantees to make public on an annual basis the number 
        of reports of sexual harassment and gender harassment at each 
        such institution;
            (4) grantees to regularly assess and improve policies, 
        procedures, and interventions to reduce the prevalence of 
        sexual harassment and gender harassment;
            (5) each grantee to demonstrate in its proposal for a grant 
        award, cooperative agreement, or contract that a code of 
        conduct is in place for maintaining a healthy and welcoming 
        workplace for grant personnel and their trainees;
            (6) the diffusion of the hierarchical and dependent 
        relationships between grant personnel and their trainees;
            (7) each grantee and Federal science agency to have in 
        place mechanisms for the re-integration of individuals who have 
        experienced sexual harassment and gender harassment; and
            (8) grantees to work to create a climate intolerant of 
        sexual harassment and gender harassment.
    (f) Federal Science Agency Implementation.--Each Federal science 
agency shall--
            (1) develop or maintain and implement policies with respect 
        to sexual harassment and gender 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 and gender 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, cooperative 
        agreements, or contracts awarded by such agency.
    (g) 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'').
    (h) 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.

    (a) In General.--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 
and gender harassment in institutions of higher education on the career 
advancement of individuals in the STEM workforce. The study shall 
assess--
            (1) the state of research on sexual harassment and gender 
        harassment in such workforce;
            (2) whether research demonstrates a change in the 
        prevalence of sexual harassment and gender 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 and gender harassment in such 
        institutions.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the House of Representatives July 23, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.