[House Report 116-153]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       116-153

======================================================================



 
           COMBATING SEXUAL HARASSMENT IN SCIENCE ACT OF 2019

                                _______
                                

 July 12, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                         [To accompany H.R. 36]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred 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, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................6
 III. Background and Need for the Legislation.........................6
  IV. Committee Hearings..............................................7
   V. Committee Consideration and Votes...............................8
  VI. Summary of Major Provisions of the Bill.........................8
 VII. Section-By-Section Analysis (By Title and Section)..............9
VIII. Committee Views.................................................9
  IX. Cost Estimate..................................................10
   X. Congressional Budget Office Cost Estimate......................10
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)...........11
 XII. Committee Oversight Findings and Recommendations...............11
XIII. Statement on General Performance Goals and Objectives..........12
 XIV. Federal Advisory Committee Statement...........................12
  XV. Duplication of Federal Programs................................12
 XVI. Earmark Identification.........................................12
XVII. Applicability to the Legislative Branch........................12
XVIII.Statement on Preemption of State, Local, or Tribal Law.........12

 XIX. Proceedings of Full Committee Markup...........................12

                              I. AMENDMENT

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Combating Sexual 
Harassment in Science Act of 2019''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Research grants.
Sec. 5. Data collection.
Sec. 6. Responsible conduct guide.
Sec. 7. Interagency working group.
Sec. 8. National academies assessment.
Sec. 9. Authorization of appropriations.

SEC. 2. FINDINGS.

  Congress makes the following findings:
          (1) According to the report issued by the National Academies 
        of Sciences, Engineering, and Medicine in 2018 entitled 
        ``Sexual Harassment of Women: Climate, Culture, and 
        Consequences in Academic Sciences, Engineering, and 
        Medicine''--
                  (A) sexual harassment is pervasive in institutions of 
                higher education;
                  (B) the most common type of sexual harassment is 
                gender harassment, which includes verbal and nonverbal 
                behaviors that convey insulting, hostile, and degrading 
                attitudes about members of one gender;
                  (C) 58 percent of individuals in the academic 
                workplace experience sexual harassment, the second 
                highest rate when compared to the military, the private 
                sector, and Federal, State, and local government;
                  (D) women who are members of racial or ethnic 
                minority groups are more likely to experience sexual 
                harassment and to feel unsafe at work than White women, 
                White men, or men who are members of such groups;
                  (E) the training for each individual who has a doctor 
                of philosophy in the science, technology, engineering, 
                and mathematics fields is estimated to cost 
                approximately $500,000; and
                  (F) attrition of an individual so trained results in 
                a loss of talent and money.
          (2) Sexual harassment undermines career advancement for 
        women.
          (3) According to a 2017 University of Illinois study, among 
        astronomers and planetary scientists, 18 percent of women who 
        are members of racial or ethnic minority groups and 12 percent 
        of White women skipped professional events because they did not 
        feel safe attending.
          (4) Many women report leaving employment at institutions of 
        higher education due to sexual harassment.
          (5) Research shows the majority of individuals do not 
        formally report experiences of sexual harassment due to a 
        justified fear of retaliation or other negative professional or 
        personal consequences.
          (6) Reporting procedures with respect to such harassment are 
        inconsistent among Federal science agencies and have varying 
        degrees of accessibility.
          (7) There is not adequate communication among Federal science 
        agencies and between such agencies and grantees regarding 
        reports of sexual harassment, which has resulted in harassers 
        receiving Federal funding after moving to a different 
        institution.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Academies.--The term ``Academies'' means the National 
        Academies of Sciences, Engineering, and Medicine.
          (2) Director.--The term ``Director'' means the Director of 
        the National Science Foundation.
          (3) Federal science agency.--The term ``Federal science 
        agency'' means any Federal agency with an annual extramural 
        research expenditure of over $100,000,000.
          (4) Finding or determination.--The term ``finding or 
        determination'' means the final disposition of a matter 
        involving a violation of organizational policies and processes, 
        to include the exhaustion of permissible appeals, or a 
        conviction of a sexual offense in a criminal court of law.
          (5) Gender harassment.--The term ``gender harassment'' means 
        verbal and nonverbal behaviors that convey hostility, 
        objectification, exclusion, or second-class status about one's 
        gender, gender identity, gender presentation, sexual 
        orientation, or pregnancy status.
          (6) Grantee.--The term ``grantee'' means the legal entity to 
        which a grant is awarded and that is accountable to the Federal 
        Government for the use of the funds provided.
          (7) Grant personnel.--The term ``grant personnel'' means 
        principal investigators, co-principal investigators, 
        postdoctoral researchers and other employees supported by a 
        grant award, cooperative agreement, or contract under Federal 
        law.
          (8) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given such term in 
        section 101 of the Higher Education Act of 1965 (20 U.S.C. 
        1001).
          (9) Sexual harassment.--The term ``sexual harassment'' means 
        conduct that encompasses--
                  (A) unwelcome sexual advances;
                  (B) unwanted physical contact that is sexual in 
                nature, including assault;
                  (C) unwanted sexual attention, including sexual 
                comments and propositions for sexual activity;
                  (D) conditioning professional or educational benefits 
                on sexual activity; and
                  (E) retaliation for rejecting unwanted sexual 
                attention.
          (10) Stem.--The term ``STEM'' means science, technology, 
        engineering, and mathematics, including computer science.

SEC. 4. RESEARCH GRANTS.

  (a) In General.--The Director shall establish a program to award 
grants, on a competitive basis, to institutions of higher education or 
nonprofit organizations (or consortia of such institutions or 
organizations)--
          (1) to expand research efforts to better understand the 
        factors contributing to, and consequences of, sexual harassment 
        and gender harassment affecting individuals in the STEM 
        workforce, including students and trainees; and
          (2) to examine interventions to reduce the incidence and 
        negative consequences of such harassment.
  (b) Use of Funds.--Activities funded by a grant under this section 
may include--
          (1) research on the sexual harassment and gender harassment 
        experiences of individuals in underrepresented or vulnerable 
        groups, including racial and ethnic minority groups, disabled 
        individuals, foreign nationals, sexual- and gender-minority 
        individuals, and others;
          (2) development and assessment of policies, procedures, 
        trainings, and interventions, with respect to sexual harassment 
        and gender harassment, conflict management, and ways to foster 
        respectful and inclusive climates;
          (3) research on approaches for remediating the negative 
        impacts and outcomes of such harassment on individuals 
        experiencing such harassment;
          (4) support for institutions of higher education to develop, 
        adapt, and assess the impact of innovative, evidence-based 
        strategies, policies, and approaches to policy implementation 
        to prevent and address sexual harassment and gender harassment;
          (5) research on alternatives to the hierarchical and 
        dependent relationships, including but not limited to the 
        mentor-mentee relationship, in academia that have been shown to 
        create higher levels of risk for sexual harassment and gender 
        harassment; and
          (6) establishing a center for the ongoing compilation, 
        management, and analysis of campus climate survey data.

SEC. 5. DATA COLLECTION.

  Not later than 180 days after the date of enactment of this Act, the 
Director shall convene a working group composed of representatives of 
Federal statistical agencies--
          (1) to develop questions on sexual harassment and gender 
        harassment in STEM departments to gather national data on the 
        prevalence, nature, and implications of sexual harassment and 
        gender harassment in institutions of higher education; and
          (2) to include such questions as appropriate, with sufficient 
        protections of the privacy of respondents, in relevant surveys 
        conducted by the National Center for Science and Engineering 
        Statistics and other relevant entities.

SEC. 6. RESPONSIBLE CONDUCT GUIDE.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Director shall enter into an agreement with the 
Academies to update the report entitled ``On Being a Scientist: A Guide 
to Responsible Conduct in Research'' issued by the Academies. The 
report, as so updated, shall include--
          (1) updated professional standards of conduct in research;
          (2) standards of treatment individuals can expect to receive 
        under such updated standards of conduct;
          (3) evidence-based practices for fostering a climate 
        intolerant of sexual harassment and gender harassment;
          (4) methods, including bystander intervention, for 
        identifying and addressing incidents of sexual harassment and 
        gender harassment; and
          (5) professional standards for mentorship and teaching with 
        an emphasis on preventing sexual harassment and gender 
        harassment.
  (b) Recommendations.--In updating the report under subsection (a), 
the Academies shall take into account recommendations made in the 
report issued by the Academies in 2018 entitled ``Sexual Harassment of 
Women: Climate, Culture, and Consequences in Academic Sciences, 
Engineering, and Medicine'' and other relevant studies and evidence.
  (c) Report.--Not later than 18 months after the effective date of the 
contract under subsection (a), the Academies, as part of such 
agreement, shall submit to the Director and the Committee on Science, 
Space, and Technology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate the report 
referred to in such subsection, as updated pursuant to such subsection.

SEC. 7. INTERAGENCY WORKING GROUP.

  (a) In General.--The Director of the Office of Science and Technology 
Policy, acting through the National Science and Technology Council, 
shall establish an interagency working group for the purpose of 
coordinating Federal science agency efforts to reduce the prevalence of 
sexual harassment and gender harassment involving grant personnel. The 
working group shall be chaired by the Director of the Office of Science 
and Technology Policy (or the Director's designee) and shall include a 
representative from each Federal science agency with annual extramural 
research expenditures totaling over $1,000,000,000, a representative 
from the Department of Education, and a representative from the U.S. 
Equal Employment Opportunity Commission.
  (b) Responsibilities of Working Group.--The interagency working group 
established under subsection (a) shall coordinate Federal science 
agency efforts to implement the policy guidelines developed under 
subsection (c)(2).
  (c) Responsibilities of OSTP.--The Director of the Office of Science 
and Technology Policy shall--
          (1) not later than 90 days after the date of the enactment of 
        this Act, submit to the Committee on Science, Space, and 
        Technology of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate an 
        inventory of policies, procedures, and resources dedicated to 
        preventing and responding to reports of sexual harassment and 
        gender harassment at Federal agencies that provide legal 
        definitions to which institutions of higher education must 
        comply; and
          (2) not later than 6 months after the date on which the 
        inventory is submitted under paragraph (1)--
                  (A) in consultation with outside stakeholders and 
                Federal science agencies, develop a uniform set of 
                policy guidelines for Federal science agencies; and
                  (B) submit a report to the committees referred to in 
                paragraph (1) containing such guidelines;
          (3) encourage and monitor efforts of Federal science agencies 
        to develop or maintain and implement policies based on the 
        guidelines developed under paragraph (2), including the extent 
        to which Federal science agency policies depart from the 
        uniform policy guidelines;
          (4) not later than 1 year after the date on which the 
        inventory under paragraph (1) is submitted, and every 5 years 
        thereafter, the Director of the Office of Science and 
        Technology Policy shall report to Congress on the 
        implementation by Federal science agencies of the policy 
        guidelines developed under paragraph (2); and
          (5) update such policy guidelines as needed.
  (d) Requirements.--In developing policy guidelines under subsection 
(c)(2), the Director of the Office of Science and Technology Policy 
shall include guidelines that require--
          (1) grantees to submit to the Federal science agency or 
        agencies from which the grantees receive funding reports 
        relating to--
                  (A) administrative action, related to an allegation 
                against grant personnel of any sexual harassment or 
                gender harassment, as set forth in organizational 
                policies or codes of conduct, statutes, regulations, or 
                executive orders, that affects the ability of grant 
                personnel or their trainees to carry out the activities 
                of the grant; and
                  (B) findings or determinations against grant 
                personnel of sexual harassment or gender harassment, as 
                set forth in organizational policies or codes of 
                conduct, statutes, regulations, or executive orders, 
                including any findings or determinations related to 
                reports submitted under subparagraph (A) and any 
                disciplinary action that was taken;
          (2) the sharing, updating, and archiving of reports of sexual 
        harassment and gender harassment from grantees submitted under 
        paragraph (1)(B) with relevant Federal science agencies on a 
        quarterly basis; and
          (3) to the extent practicable, ensure consistency among 
        Federal agencies with regards to the policies and procedures 
        for receiving reports submitted pursuant to paragraph (1), 
        which may include the designation of a single agency to field 
        reports so submitted.
  (e) Considerations.--In developing policy guidelines under subsection 
(c)(2), the Director of the Office of Science and Technology Policy 
shall consider guidelines that require or incentivize--
          (1) grantees to periodically assess their organizational 
        climate, which may include the use of climate surveys, focus 
        groups, or exit interviews;
          (2) grantees to publish on a publicly available internet 
        website the results of assessments conducted pursuant to 
        paragraph (1), disaggregated by gender and, if possible, race, 
        ethnicity, disability status, and sexual orientation;
          (3) grantees to make public on an annual basis the number of 
        reports of sexual harassment and gender harassment at each such 
        institution;
          (4) grantees to regularly assess and improve policies, 
        procedures, and interventions to reduce the prevalence of 
        sexual harassment and gender harassment;
          (5) each grantee to demonstrate in its proposal for a grant 
        award, cooperative agreement, or contract that a code of 
        conduct is in place for maintaining a healthy and welcoming 
        workplace for grant personnel and their trainees;
          (6) the diffusion of the hierarchical and dependent 
        relationships between grant personnel and their trainees;
          (7) each grantee and Federal science agency to have in place 
        mechanisms for the re-integration of individuals who have 
        experienced sexual harassment and gender harassment; and
          (8) grantees to work to create a climate intolerant of sexual 
        harassment and gender harassment.
  (f) Federal Science Agency Implementation.--Each Federal science 
agency shall--
          (1) develop or maintain and implement policies with respect 
        to sexual harassment and gender harassment that are consistent 
        with policy guidelines under subsection (c)(2) and that protect 
        the privacy of all parties involved in any report and 
        investigation of sexual harassment and gender harassment, 
        except to the extent necessary to carry out an investigation; 
        and
          (2) broadly disseminate such policies to current and 
        potential recipients of research grants, cooperative 
        agreements, or contracts awarded by such agency.
  (g) FERPA.--The Director of the Office of Science and Technology 
Policy shall ensure that such guidelines and requirements are 
consistent with the requirements of section 444 of the General 
Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the 
``Family Educational Rights and Privacy Act of 1974'').
  (h) Sunset.--The interagency working group established under 
subsection (a) shall terminate on the date that is 7 years after the 
date of the enactment of this Act.

SEC. 8. NATIONAL ACADEMIES ASSESSMENT.

  (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Director shall enter into an agreement with the 
Academies to undertake a study of the influence of sexual harassment 
and gender harassment in institutions of higher education on the career 
advancement of individuals in the STEM workforce. The study shall 
assess--
          (1) the state of research on sexual harassment and gender 
        harassment in such workforce;
          (2) whether research demonstrates a change in the prevalence 
        of sexual harassment and gender harassment in such workforce;
          (3) the progress made with respect to implementing 
        recommendations promulgated in the Academies consensus study 
        report entitled ``Sexual Harassment of Women: Climate, Culture, 
        and Consequences in Academic Sciences, Engineering, and 
        Medicine''; and
          (4) where to focus future efforts with respect to decreasing 
        sexual harassment and gender harassment in such institutions.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

                        II. PURPOSE OF THE BILL

    The purpose of the bill is to provide for research on the 
causes, consequences and prevalence of, as well as 
interventions for preventing, sexual harassment in the STEM 
workforce. The bill also directs coordination among Federal 
science agencies efforts to address sexual harassment involving 
federally funded researchers.

              III. BACKGROUND AND NEED FOR THE LEGISLATION

    The nation at large is grappling with the impact of sexual 
harassment on the lives and careers of women. In recent years, 
high-profile accusations against prominent researchers have 
significantly increased awareness of the problem of sexual 
harassment in the scientific workplace. In 2018, the National 
Academies of Sciences, Engineering, and Medicine (hereafter, 
``Academies'') issued a consensus report, Sexual Harassment of 
Women: Climate, Culture, and Consequences in Academic Sciences, 
Engineering, and Medicine, which examined the scope of the 
problem, contributing factors unique to the academic setting, 
and potential solutions.
    Sexual harassment can include unwanted sexual attention, 
sexual coercion, and gender harassment, which involves behavior 
that ``conveys hostility, objectification, exclusion, or 
second-class status about members of one gender.''
    According to a 2003 study cited by the Academies report, 
the academic workplace has the second highest rate of sexual 
harassment compared with the military, private sector, and 
government, with 58 percent of faculty and staff experiencing 
sexual harassment. Results from three different surveys reveal 
that 20-50 percent of students experience sexual harassment. 
Research presented in the report shows that women of color are 
more likely to hear sexist remarks and to feel unsafe at work 
because of their gender than white women, white men, and men of 
color.
    The Academies outlined factors that contribute to the 
prevalence of sexual harassment in the sciences, including a 
perceived tolerance for inappropriate behavior; the male-
dominated environment, particularly in positions of authority, 
in many science programs and departments; hierarchical power 
structures that concentrate power in a single person who has an 
outsized impact on a subordinate's future success; a culture of 
symbolic compliance with Title IX and Title VII wherein 
institutions prioritize implementing policies that adhere to 
legal requirements rather than seeking to reduce or eliminate 
sexual harassment; and uninformed leadership unwilling to take 
bold and aggressive measures.
    Committee action to address sexual harassment in the 
sciences began with October 26, 2017 letters from then-Chairman 
Smith and then-Ranking Member Johnson to Boston University, the 
National Science Foundation (NSF), and the National Aeronautics 
and Space Administration (NASA) regarding Title IX complaints 
filed against a prominent geology professor, Dr. David 
Marchant. Dr. Marchant, a recipient of over $5.4 million in 
Federal funding, allegedly physically and verbally harassed 
multiple women during field expeditions in Antarctica in the 
late 1990s. In early 2018, the Committee sent additional 
letters to universities and funding agencies regarding other 
cases covered in the press.
    To understand how Federal science agencies address sexual 
harassment, including how they ensure compliance of grant-
receiving institutions with Title IX of the Education 
Amendments of 1972, the Chair and Ranking Member of the 
Committee requested a Government Accountability Office (GAO) 
assessment of Federal science agency policies, resources, and 
intra- and inter-agency communication regarding reports of 
sexual harassment involving Federally funded researchers. The 
report is ongoing and will examine the policies and procedures 
in place at Federal science agencies, as well as the 
communication among agencies and between agencies and grantee 
institutions regarding these policies and any findings of 
sexual harassment by grantee institutions.

                         IV. COMMITTEE HEARINGS

    On Tuesday, February 27, 2018, the Subcommittee on Research 
and Technology held a hearing entitled A Review of Sexual 
Harassment and Misconduct in Science. The Subcommittee received 
testimony from: (1) Ms. Rhonda Davis, Head, Office of Diversity 
and Inclusion, National Science Foundation. Ms. Davis provided 
testimony on NSF's updated terms and conditions requiring the 
reporting of findings of sexual harassment by Principal 
Investigators and any administrative actions taken relating to 
such a finding or sexual harassment investigation. (2) Dr. 
Kathryn Clancy, Associate Professor, Department of 
Anthropology, University of Illinois. Dr. Clancy provided 
testimony on her research on the prevalence of sexual 
harassment and workplace climate in the sciences. (3) Ms. 
Christine McEntee, Executive Director, American Geophysical 
Union. Ms. McEntee provided testimony on how science societies 
can address the problem of sexual harassment in the scientific 
community. (4) Ms. Kristina Larsen, Attorney, Law Office of 
Kristina K. Larsen. Ms. Larsen provided testimony on the unique 
factors contributing to sexual harassment in the academic 
environment and how university policies are often insufficient 
to protect and support victims of harassment.
    On Wednesday, June 12, 2019, the Committee on Science, 
Space, and Technology held a hearing entitled Combating Sexual 
Harassment in Science, which assessed Federal science agency 
policies and procedures for addressing sexual harassment 
involving federally-funded STEM researchers and their trainees. 
The hearing explored lessons learned, enduring challenges, and 
future opportunities for preventing and mitigating the negative 
impact of sexual harassment in STEM studies and careers. The 
Committee also received testimony on H.R. 36, the Combating 
Sexual Harassment in Science Act.
    Four witnesses testified: (1) Mr. John Neumann, Managing 
Director; Science, Technology Assessment, and Analytics; U.S. 
Government Accountability Office. Mr. Neumann testified about 
the preliminary findings to be presented in the GAO report 
requested by the Committee in January 2018. (2) Dr. Paula 
Johnson, President, Wellesley College. Dr. Johnson co-chaired 
the Academies Committee on the Impacts of Sexual Harassment in 
Academia, and testified on the Committee's findings and 
recommendations. (3) Dr. Jean Morrison, University Provost and 
Chief Academic Officer, Boston University. Dr. Morrison 
provided testimony on changes Boston University made to its 
sexual harassment policies and procedures since the Dr. 
Marchant case became public. (3) Dr. Philip Kass, Vice Provost 
for Academic Affairs, University of California, Davis. Dr. Kass 
testified on an experimental program at UC Davis to screen 
finalists for tenure positions for any previous findings of 
sexual harassment.

                  V. COMMITTEE CONSIDERATION AND VOTES

    On January 3, 2019, Chairwoman Eddie Bernice Johnson and 
Ranking Member Frank Lucas introduced H.R. 36, the Combating 
Sexual Harassment in Science Act of 2019. The bill was referred 
to the House Committee on Science, Space, and Technology.
    On June 20, 2019, the Committee on Science, Space, and 
Technology met to consider H.R. 36. Ms. Johnson offered an 
amendment in the nature of a substitute to make technical and 
clarifying changes in response to feedback from stakeholders, 
including definitions of key terms. The amendment was agreed to 
on a voice vote. Mr. Lucas offered an amendment regarding 
administrative action that would trigger a requirement for 
grantees to report to funding agencies, specifying that the 
action must affect the ability of grant personnel or their 
trainees to carry out the activities of the grant. The 
amendment also made technical corrections. The amendment was 
agreed to on a voice vote. Ms. Fletcher offered an amendment to 
encourage OSTP to consider policy guidelines that require each 
grantee and Federal science agency to establish re-integration 
mechanisms for those who have experienced sexual harassment. 
The amendment was agreed to on a voice vote. Ms. Johnson moved 
that the Committee favorably report the bill, H.R. 36, to the 
House with the recommendation that the bill be approved. The 
motion was agreed to by a voice vote.

              VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

    The Act requires the Director of the National Science 
Foundation (NSF) to support research to better understand the 
causes and consequences of sexual harassment in the STEM 
workforce; develop survey questions to gather national data on 
the prevalence, nature, and implications of sexual harassment 
and gender harassment in academia; enter into an agreement with 
the National Academies to produce an updated guide to 
responsible conduct in research that includes content related 
to sexual harassment and gender harassment; and enter into an 
agreement with the Academies to undertake a follow-on study to 
the 2018 report on sexual harassment.
    The Act requires the Director of the Office of Science and 
Technology Policy (OSTP) to convene an interagency working 
group to coordinate Federal science agency efforts to address 
sexual harassment involving grant personnel; and to develop 
uniform guidelines, in consultation with outside stakeholders, 
regarding Federal science agency policies and procedures for 
preventing and responding to reports of sexual harassment and 
gender harassment. Each Federal Science agency is directed to 
implement a policy consistent the OSTP guidelines.

        VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION)

Section 1. Short title; Table of contents

            Combating Sexual Harassment in Science Act of 2019

Section 2. Findings

Section 3. Definitions

Section 4. Research grants

    Requires NSF to establish a program to award research 
grants to further understanding of sexual harassment in the 
STEM workforce and effective interventions to reduce the 
incidence and negative consequences of such harassment.

Section 5. Data collection

    Requires NSF to convene a working group of Federal 
statistical agencies to develop survey questions on sexual 
harassment in STEM in order to gather national data on the 
prevalence, nature, and implications of sexual harassment in 
institutions of higher education.

Section 6. Responsible conduct guide

    Requires NSF to enter into agreement with the National 
Academies to update the report On Being a Scientist: A Guide to 
Responsible Conduct in Research to include updated professional 
conduct standards, including methods for identifying and 
addressing incidents of sexual harassment.

Section 7. Interagency working group

    Requires OSTP to establish an interagency working group to 
coordinate Federal science agency efforts to reduce the 
prevalence of sexual harassment involving federally funded 
researchers and to develop and implement uniform policy 
guidelines for Federal Science agencies.

Section 8. National Academies assessment

    Requires NSF to enter into agreement with the National 
Academies to undertake a follow-on study to examine the 
influence of sexual harassment in institutions of higher 
education on the career advancement of individuals in the STEM 
workforce.

Section 9. Authorization of appropriations

    Authorizes to be appropriated $17.5 million to NSF to carry 
out this Act.

                         VIII. COMMITTEE VIEWS

    The intent of this legislation is to understand and address 
the causes and consequences of sexual harassment affecting 
individuals in the scientific, technical, engineering, and 
mathematics workforce.
    Section 5. The Committee intends for the Director of the 
National Science Foundation to convene a working group to 
develop questions on sexual harassment in science, technology, 
engineering, and mathematics departments. The Committee 
recognizes that this is a sensitive and challenging issue to 
include in voluntary surveys and intends for the working group 
to consult experts on the issue to determine the most 
effective, trauma-informed approach to collect this 
information.
    Section 7. The Committee intends for OSTP to establish 
policy guidelines to coordinate Federal science agency efforts 
to reduce the prevalence of sexual harassment involving grant 
personnel. The Committee intends for the guidelines to be 
developed with input from relevant stakeholders, including 
representatives from agencies that may not be captured in the 
definition of Federal science agency, including the U.S. Equal 
Employment Opportunity Commission; individuals at all levels of 
the scientific workforce, including graduate students and 
postdoctoral researchers; and representatives from university 
offices that handle complaints of sexual harassment.
    Section 7. The Committee intends for each Federal science 
agency to establish policies pursuant to the guidelines issued 
by OSTP, harmonized to the maximum extent practicable 
considering the individual needs and processes of each agency.
    Section 7. The Committee intends for records related to 
sexual harassment involving grant personnel kept by Federal 
science agencies to be accurate and complete. In the event that 
a grantee notifies an agency that administrative action has 
been taken related to a complaint of sexual harassment and the 
accused party is found not to have violated institutional 
policy or procedure, the Committee intends for the grantee to 
share this information with the agency. The Committee intends 
that while Federal agencies should share relevant information, 
that it should be handled to ensure the protection of privacy 
of all individuals involved.

                           IX. COST ESTIMATE

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 8, 2019.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 36, the Combating 
Sexual Harassment in Science Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

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    H.R. 36 would authorize the appropriation of $17.5 million 
for the National Science Foundation to award grants for 
research on sexual and gender harassment in the science, 
technology, engineering, and mathematics workforce and to enter 
into agreements with the National Academies of Sciences, 
Engineering, and Medicine to conduct related studies.
    The bill also would direct the Office of Science and 
Technology Policy (OSTP) to establish a working group with 
representatives from certain agencies to develop a uniform set 
of policy guidelines on sexual and gender harassment. CBO 
estimates that implementing the provision would have no 
significant effect on the federal budget because OSTP is 
already convening a working group on the topic.
    Assuming appropriation of the authorized amounts, and based 
on historical spending patterns for similar activities, CBO 
estimates that implementing H.R. 36 would cost $18 million over 
the 2020-2024 period.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                     XI. FEDERAL MANDATES STATEMENT

    H.R. 36 contains no unfunded mandates.

         XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c) of House Rule XIII, the goal of 
H.R. 36 is to direct the Director of the Office of Science and 
Technology Policy and Federal science agencies to carry out 
programs and activities to reduce the incidence and negative 
consequences of sexual harassment and gender harassment in the 
STEM workforce.

               XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

    H.R. 36 does not create any advisory committees.

                  XV. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 36 establishes or reauthorizes a program of the federal 
government known to be duplicative of another federal program, 
including any program that was included in a report to Congress 
pursuant to section 21 of Public Law 111-139 or the most recent 
Catalog of Federal Domestic Assistance.

                      XVI. EARMARK IDENTIFICATION

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 36 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

             XVII. APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that H.R. 36 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any state, local, or 
tribal law.

             XIX. PROCEEDINGS OF THE FULL COMMITTEE MARKUP




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