[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1067 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1067

      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 8, 2019

  Ms. Harris (for herself, Ms. Rosen, Mr. Blumenthal, Ms. Smith, Ms. 
     Klobuchar, Ms. Hirono, Mr. Peters, Mr. Sanders, and Mr. Reed) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 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 study led by Dr. Kathryn Clancy at 
        the University of Illinois, 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) 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.
            (5) Grant personnel.--The term ``grant personnel'' means 
        principal investigators, co-principal investigators, other 
        personnel supported by a grant award under Federal law, and 
        their trainees.
            (6) 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).
            (7) Sexual harassment.--The term ``sexual harassment'' 
        means conduct that encompasses--
                    (A) 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;
                    (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 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 
        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 
        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, 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, 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 hierarchical and 
        dependent relationships in academia that have been shown to 
        create higher levels of risk for sexual 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 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; 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; and
            (5) professional standards for mentorship and teaching with 
        an emphasis on preventing sexual 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 16 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 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.
    (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 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);
            (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 include guidelines that require--
                    (A) grantees to submit to the Federal science 
                agency or agencies from which the grantees receive 
                funding reports relating to--
                            (i) findings or determinations of sexual 
                        harassment; 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 sharing and archiving of reports of sexual 
                harassment from grantees submitted under paragraph (1) 
                with relevant Federal science agencies on a quarterly 
                basis; and
                    (C) to the extent practicable, ensure consistency 
                among relevant 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.
            (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 guidelines that--
            (1) require grantees to periodically assess their 
        organizational climate using climate surveys, focus groups, or 
        exit interviews;
            (2) require 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) require grantees to make public on an annual basis the 
        number of reports of sexual harassment at each such 
        institution;
            (4) require grantees to regularly assess and improve 
        policies, procedures, and interventions to reduce the 
        prevalence of sexual harassment;
            (5) require each grantee to describe in its grant proposal 
        a code of conduct for maintaining a healthy and welcoming 
        workplace for grant personnel; and
            (6) reward and incentivize grantees working to create a 
        climate intolerant of sexual harassment.
    (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.

    (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 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'';
            (4) 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
            (5) where to focus future efforts with respect to 
        decreasing sexual harassment in such institutions.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Director to carry out 
this Act, $17,400,000.
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