[Congressional Record Volume 165, Number 124 (Tuesday, July 23, 2019)]
[House]
[Pages H7173-H7176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           COMBATING SEXUAL HARASSMENT IN SCIENCE ACT OF 2019

  Ms. JOHNSON of Texas. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 36) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 36

       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.

[[Page H7174]]

  


     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;

[[Page H7175]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Johnson) and the gentleman from Oklahoma (Mr. Lucas) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. JOHNSON of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to include extraneous materials on H.R. 36, the bill that is now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 36, the Combating Sexual Harassment 
in Science Act.
  Mr. Speaker, I want to thank my good friend, Ranking Member Mr. 
Lucas, for joining me in introducing this bill and for his commitment 
to expanding access to STEM studies and careers.
  This bill is a product of more than a year of activity by the 
Science, Space, and Technology Committee. We heard from many experts 
about the prevalence of sexual harassment in STEM, what factors have 
enabled it, the impact it has on the lives and careers of so many 
talented young scientists and engineers, and the loss to our Nation 
when they leave research altogether.
  We also learned of some best practices for universities, scientific 
societies, and Federal agencies to begin to bring transparency and 
accountability to this challenge.
  Federal science agencies have an important role to play, because they 
have the responsibility to ensure that all federally-funded 
researchers, including students, are able to carry out their research 
in safe environments at all times.
  However, agencies need universities to be partners in that area and 
effort, and that partnership starts with universities reporting to 
their funders when a student or researcher is brave enough to come 
forward with an allegation of sexual harassment.
  Mr. Speaker, I applaud the National Science Foundation for its bold 
leadership in implementing a reporting policy, and NIH and NASA for 
their own more recent efforts. Unfortunately, other agencies have been 
slow to respond.
  H.R. 36 directs the Office of Science and Technology Policy to issue 
uniform guidance to all Federal science agencies to implement reporting 
requirements for all grantees.
  We worked closely with the university community to define the 
circumstances that should trigger a report. Not everybody was happy 
with the result, but it was a good compromise, and protects the most 
vulnerable.
  Also, it is important to note that this bill does not interfere with 
due process. It simply requires transparency while protecting privacy.
  H.R. 36 also supports research to inform updated policies in the 
future, it seeks to incentivize culture change at universities, and it 
makes clear that sexual harassment should now be considered as 
important as research misconduct, as recommended by the National 
Academies.
  While sexual harassment in science is not a problem that can be 
solved with legislation alone, H.R. 36 helps ensure that the Federal 
agencies are doing their part. No researcher should be forced to choose 
between her passion for science and her right to feel safe.
  This legislation has broad support and has been endorsed by 28 
scientific and scholarly organizations.
  Mr. Speaker, I strongly support this bipartisan bill, and I reserve 
the balance of my time.
  Mr. LUCAS. Mr. Speaker, I yield myself such time as I might consume.
  Mr. Speaker, I rise in support of H.R. 36, the Combating Sexual 
Harassment in Science Act of 2019. I am proud to say that this bill is 
a foundation of more than a year of investigation, analysis, and 
recommendations to the Science, Space, and Technology Committee.
  Curbing sexual misconduct in science is a priority that Chairwoman 
Johnson and I share.
  Engaging more women in STEM studies and careers is essential to 
American competitiveness. Women make up half the workforce, but account 
for less than 25 percent of America's STEM workforce.
  Unfortunately, too many women have been driven out of STEM careers 
due to a culture of harassment and abuse.
  H.R. 36 takes the first steps to address this problem. The bill 
directs the NSF to expand research efforts to better understand the 
causes and consequences of sexual harassment affecting individuals in 
the scientific, technical, engineering, and mathematics workforce.
  Additionally, it directs the NSF to examine policies to reduce the 
prevalence and negative impact of such harassment.
  The bill also supports the adoption of uniform guidance across the 
Federal science agencies to reduce the prevalence of sexual harassment 
involving grant personnel.
  There is an established legal process in place within higher 
education and in the workplace for handling claims of sexual 
harassment. I cannot stress this enough: This bill does not alter that 
process.
  What this bill does is to create a uniform policy for universities 
and research institutions to report to Federal science agencies when 
administrative action is taken that impacts the ability of a researcher 
to carry out a grant.
  Pervasive sexual harassment in the scientific community discourages 
women from critical work in good-paying jobs and hurts American 
competitiveness.
  It is unacceptable for taxpayer dollars to fund researchers who are 
guilty of harassing students or colleagues.
  Mr. Speaker, I want to thank the stakeholders, especially the 
university community, for working with the committee staff to improve 
this legislation. I believe the revised bill strikes

[[Page H7176]]

the right balance of protecting due process and privacy, while making 
sure that Federal science agencies can act if a Federal research grant 
or the personnel supported by that grant is impacted.

  Mr. Speaker, I want to thank Chairwoman Johnson and her staff for 
working in a bipartisan and collaborative way to move this legislation 
forward.
  Mr. Speaker, I encourage my colleagues to support this legislation.
  H.R. 36 takes the first steps towards addressing the prevalence of 
sexual harassment in STEM fields, which is driving women out of STEM 
careers and damaging U.S. competitiveness.
  This legislation sends a strong message to the scientific community 
that misconduct will not be tolerated, and it sends a message to women 
who are in STEM studies and careers that we support them.
  I look forward to working with our colleagues in the Senate and 
stakeholders to advance this legislation and make sure it is meeting 
the intended goals.
  Mr. Speaker, I again want to thank Chairwoman Johnson and her staff 
for working in a bipartisan and collaborative way on this legislation. 
I encourage my colleagues to support this legislation, and I yield back 
the balance of my time.
  Ms. JOHNSON of Texas. Mr. Speaker, I have no further requests for 
time.
  Mr. Speaker, I strongly support this bipartisan bill. I thank members 
of the full committee for their work on this bill, I recommend passage, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Johnson) that the House suspend the rules 
and pass the bill, H.R. 36, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________