[Congressional Record Volume 167, Number 85 (Monday, May 17, 2021)]
[House]
[Pages H2401-H2403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMBATING SEXUAL HARASSMENT IN SCIENCE ACT
Ms. BONAMICI. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2695) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2695
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''.
(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
[[Page H2402]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Oregon (Ms. Bonamici) and the gentleman from Oklahoma (Mr. Lucas) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Oregon.
General Leave
Ms. BONAMICI. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 2695, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Oregon?
There was no objection.
Ms. BONAMICI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 2695, the Combating
Sexual
[[Page H2403]]
Harassment in Science Act, which I am pleased to cosponsor.
In 2017, the Me Too movement sparked a national reckoning with the
pervasiveness of sexual harassment. The academic workplace has not been
spared. One study found that 58 percent of faculty and staff at
universities have experienced sexual harassment.
Sexual harassment is detrimental to individuals, often impeding
career advancement and leading some to leave academia entirely. Sexual
harassment also has significant consequences on the entire scientific
enterprise, depriving our most critical STEM fields of skilled
researchers, particularly from groups already underrepresented in STEM.
In 2018, the National Academies of Sciences, Engineering, and
Medicine released a report examining the contributing factors to sexual
harassment in academia and the effects on women in science, technology,
and medicine. The Combating Sexual Harassment in Science Act includes
key recommendations from the Academies' report and takes further steps
to combat sexual harassment in STEM.
The National Science Foundation and other agencies have already taken
significant steps to address the scourge of sexual harassment in STEM.
Unfortunately, not all agencies have taken this issue as seriously, and
the patchwork of policies and approaches causes confusion and increases
administrative burden on grantees. This legislation helps make sure
that we have consistent, governmentwide policies.
H.R. 2695 requires a coordinated approach to address sexual
harassment at grant-receiving institutions and across our Federal
agencies, including by requiring OSTP to issue uniform policy guidance
for sexual harassment reporting at Federal science agencies.
The bill also authorizes NSF research on the contributing factors to
STEM workplace harassment.
Finally, the bill would require an important follow-up study by the
National Academies.
The Combating Sexual Harassment in Science Act was developed
following extensive consultation with experts on sexual harassment and
key stakeholders, including universities. At present, 24 organizations
have endorsed this bill, representing a wide spectrum of scientific
disciplines, student groups, and professions.
I want to thank Chairwoman Johnson and Ranking Member Lucas for
introducing this important bill. I also want to thank all of the
cosponsors of this bipartisan effort. I urge everyone here to help us
take action toward eliminating sexual harassment in the sciences.
Mr. Speaker, I strongly urge my colleagues to support H.R. 2695, and
I reserve the balance of my time.
Mr. LUCAS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2695, the Combating Sexual
Harassment in Science Act.
I am proud to say that this bill has a foundation of years 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 over 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. 2695 takes the first steps to address this problem. The bill
directs NSF to expand research efforts to better understand the causes
and consequences of sexual harassment affecting individuals in the
scientific, technical, engineering, and mathematical workforces.
Additionally, it directs 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 combat sexual harassment involving grant
personnel.
There is an established legal process in place within higher
education and in the workforce for handling claims of sexual
harassment. I cannot stress this enough: this bill does not alter that
process.
What this bill does do is create a uniform policy requiring
universities and research institutions to report to Federal science
agencies when an 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 and good-paying jobs and hurts American
competitiveness. It is unacceptable for taxpayer dollars to fund
researchers who are guilty of harassing students or colleagues.
I want to thank the stakeholders, especially the university
community, for working with committee staff to improve this
legislation. I believe the revised bill strikes the right balance
between protecting due process and privacy, while also making sure that
Federal science agencies can act if a Federal research grant or the
personnel supporting that grant is impacted.
Mr. Speaker, in closing, H.R. 2695 takes the first steps towards
addressing sexual harassment in STEM fields, which is driving women out
of STEM careers and damaging U.S. competitiveness.
While some progress has been made since the Science, Space, and
Technology Committee first started investigating the issue almost 4
years ago, there is still much more work to be done. 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.
This bill passed the House last Congress, and I look forward to
working with our colleagues in the Senate and stakeholders to advance
this legislation into law this year.
I again want to thank Chairwoman Johnson and her staff for working in
a bipartisan and collaborative way on this legislation.
Mr. Speaker, I encourage my colleagues to support this bill, and I
yield back the balance of my time.
Ms. BONAMICI. Mr. Speaker, in closing, I, once again, urge my
colleagues on both sides of the aisle to support this important and
bipartisan legislation, the Combating Sexual Harassment in Science Act.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Oregon (Ms. Bonamici) that the House suspend the rules
and pass the bill, H.R. 2695.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________