[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.

                          ____________________