[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32963-32964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14653]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice: 19-140]


Notification Requirements Regarding Findings of Discrimination, 
Sexual Harassment, Other Forms of Harassment, or Sexual Assault

AGENCY: National Aeronautics and Space Administration.

ACTION: New reporting requirement for discrimination, sexual or other 
forms of harassment, or sexual assault; request for comments.

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SUMMARY: The National Aeronautics and Space Administration (NASA) is 
soliciting public comment on the agency's proposed implementation of 
new reporting requirements regarding discrimination and harassment 
among recipients of NASA financial assistance. The many hundreds of 
U.S. institutions of higher education and other organizations that 
receive NASA funds are responsible for fully investigating complaints 
and for compliance with federal non-discrimination laws, regulations, 
and executive orders. The implementation of new reporting requirements 
is necessary as NASA seeks to help ensure research environments to 
which the Agency provides funding are free from discrimination, 
including harassment, sexual harassment, other forms of harassment, and 
sexual assault. Additionally, NASA is taking this action to bolster our 
policies, guidelines, and communications. The intended effect of this 
action is, first, to better ensure that organizations funded by NASA 
clearly understand expectations and requirements. In addition, NASA 
seeks to ensure that recipients of grants and cooperative agreements 
respond promptly and appropriately to instances of discrimination, 
sexual harassment, other forms of harassment, and sexual assault.

DATES: Comments must be received by August 9, 2019.

ADDRESSES: Comments should be addressed to National Space and 
Aeronautics Administration Headquarters, 300 E Street SW, Rm. 6O87, 
Washington, DC 20546 or sent by email to [email protected]; 
Phone Number: 202-358-2180, Fax Number: 202-358-3336. We encourage 
respondents to submit comments electronically to ensure timely receipt. 
We cannot guarantee that comments mailed will be received before the 
comment closing date. Please include ``Reporting Requirement Regarding 
Findings of Discrimination, Sexual Harassment, other Forms of 
Harassment, or Sexual Assault'' in the subject line of the email 
message; please also include the full body of your comments in the text 
of the message and as an attachment. Include your name, title, 
organization, postal address, telephone number, and email address in 
your message.

FOR FURTHER INFORMATION CONTACT: Richard N. Reback, email: 
[email protected]; telephone (202) 358-2180.

SUPPLEMENTARY INFORMATION: As a U.S. funding agency of scientific 
research and development, and the primary funding agency for 
aeronautics and space research and technology, NASA is committed to 
promoting safe, productive research and education environments for 
current and future scientists and engineers. We consider the Principal 
Investigator (PI) and any Co-I(s) identified on a NASA award and all 
personnel supported by a NASA award must not engage in discriminatory 
or harassing behavior during the award period of performance whether at 
the awardee institution, on-line, or outside the organization, such as 
at field sites or facilities, or during conferences and workshops.
    Upon implementation, the new term and condition will require 
awardee organizations to notify NASA of any findings/determinations of 
discrimination, sexual harassment, other forms of harassment, or sexual 
assault regarding an NASA funded PI or Co-I. The new term and condition 
also will require the awardee to notify NASA if the PI or Co-I is 
placed on administrative leave or if the awardee has imposed any 
administrative action on the PI or any determination or an 
investigation of an alleged violation of awardee policies or codes of 
conduct, statutes, regulations, or executive orders relating to 
discrimination, sexual harassment, other forms of harassment, or sexual 
assault. Finally, the award term and condition specifies the procedures 
that will be followed by NASA upon receipt of a notification.
    The full text of the new term and condition is provided below:

Notification Requirements Regarding Sexual Harassment, Other Forms of 
Harassment, or Sexual Assault

    The Principal Investigator (PI) and any Co-I(s) identified on an 
NASA award are in a position of trust. These individuals must comport 
themselves in a responsible and accountable manner during the award 
period of performance, whether at the awardee institution, on-line, or 
at locales such as field sites, facilities, or conferences/workshops. 
Above all, NASA wishes to assure the safety, integrity, and excellence 
of the programs and activities it funds.
    For purposes of this term and condition, the following definitions 
apply:
    Administrative Leave/Administrative Action: Any temporary/interim 
suspension or permanent removal of the PI or Co-I, or any 
administrative action imposed on the PI or Co-I by the awardee under 
organizational policies or codes of conduct, statutes, regulations, or 
executive orders, relating to activities, including but not limited to 
the following: Teaching, advising, mentoring, research, management/
administrative duties, or presence on campus.
    Discrimination: Treating an individual differently or using methods 
of administration that have the effect of subjecting individuals to 
different treatment based on race, color, national origin, sex, 
disability or age.
    Finding/Determination: The final disposition of a matter involving 
sexual harassment or other form of harassment under organizational 
policies and processes, to include the exhaustion of permissible 
appeals exercised by the PI or Co-I, or a conviction of a sexual 
offense in a criminal court of law.
    Other Forms of Harassment: Non-gender or non-sex-based harassment 
of individuals protected under federal civil rights laws, as set forth 
in organizational policies or codes of conduct, statutes, regulations, 
or executive orders.
    Sexual harassment: May include but is not limited to gender or sex-
based harassment, unwelcome sexual attention, sexual coercion, or 
creating a hostile environment, as set forth in organizational policies 
or codes of conduct, statutes, regulations, or executive orders.
    The awardee is required to notify NASA of: (1) Any finding/
determination regarding the PI or any Co-I \1\ that

[[Page 32964]]

demonstrates a violation of awardee policies or codes of conduct, 
statutes, regulations, or executive orders relating to discrimination, 
sexual harassment, other forms of harassment, or sexual assault; and/or 
(2) if the PI or any Co-I is placed on administrative leave or if any 
administrative action has been imposed on the PI or any Co-I by the 
awardee relating to any finding/determination or an investigation of an 
alleged violation of awardee policies or codes of conduct, statutes, 
regulations, or executive orders relating to discrimination, sexual 
harassment, other forms of harassment, or sexual assault.\2\ Such 
notification must be submitted by the Authorized Organizational 
Representative (AOR) to NASA's Office of Diversity and Equal 
Opportunity at [email protected] within ten business days from 
the date of the finding/determination, or the date of the placement of 
a PI or Co-I by the awardee on administrative leave or the imposition 
of an administrative action, whichever is sooner.\3\
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    \1\ If a Co-I is affiliated with a subawardee organization, the 
Authorized Organizational Representative of the subawardee must 
provide the requisite information directly to NASA, as instructed in 
this paragraph.
    \2\ Awardee findings/determinations and placement of a PI or Co-
I on administrative leave or the imposition of an administrative 
action must be conducted in accordance with organizational policies 
and processes. They also must be conducted in accordance with 
federal laws, regulations, and executive orders.
    \3\ Such notification must be provided regardless of whether the 
behavior leading to the finding/determination, or placement on 
administrative leave, or the imposition of an administrative action 
occurred while the PI or Co-I was carrying out award activities.
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    Each notification must include the following information:
    [squ] NASA Award Number;
    [squ] Name of PI or Co-I being reported; \4\
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    \4\ Only the identification of the PI or Co-I is required. 
Personally identifiable information regarding any complainants or 
other individuals involved in the matter must not be included in the 
notification.
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    Type of Notification: Select one of the following:
    [squ] Finding/Determination that the reported individual has been 
found to have violated awardee policies or codes of conduct, statutes, 
regulations, or executive orders relating to discrimination, sexual 
harassment, other forms of harassment, or sexual assault;
    or
    [squ] Placement by the awardee of the reported individual on 
administrative leave or the imposition of any administrative action on 
the PI or any Co-I by the awardee relating to any finding/
determination, or an investigation of an alleged violation of awardee 
policies or codes of conduct, statutes, regulations, or executive 
orders relating to sexual harassment, other forms of harassment, or 
sexual assault.
    The awardee must also provide:
    [squ] A description of the finding/determination and action(s) 
taken, if any; and/or
    [squ] The reason(s) for, and conditions of placement of the PI or 
any Co-I on administrative action.
    The awardee, at any time, may propose a substitute investigator if 
it determines the PI or any Co-I may not be able to carry out the 
funded project or activity and/or abide by the award terms and 
conditions.
    In reviewing the notification, NASA will consider, at a minimum, 
the following factors:
    a. The safety and security of personnel supported by the NASA 
award;
    b. The overall impact to the NASA-funded activity;
    c. The continued advancement of taxpayer-funded investments in 
science and scientists; and
    d. Whether the awardee has taken appropriate action(s) to ensure 
the continuity of science and that continued progress under the funded 
project can be made.
    Upon receipt and review of the information provided, NASA will 
consult with the AOR, or designee. Based on the results of this review 
and consultation, the Agency may, if necessary and in accordance with 2 
CFR 200.338, assert its programmatic stewardship responsibilities and 
oversight authority to initiate the substitution or removal of the PI 
or any Co-I, reduce the award funding amount, or where neither of those 
previous options is available or adequate, to suspend or terminate the 
award.
    Other personnel supported by a NASA award must likewise remain in 
full compliance with awardee policies or codes of conduct, statutes, 
regulations, or executive orders relating to sexual harassment, other 
forms of harassment, or sexual assault. With regard to any personnel 
not in compliance, the awardee must make appropriate arrangements to 
ensure the safety and security of other award personnel and the 
continued progress of the funded project. Notification of these actions 
is not required under this term and condition.

End of Proposed Term and Condition

Implementation
    Upon receipt and resolution of all comments, it is NASA's intention 
to implement the new term through revision of the NASA Agency Specific 
Requirements to the Research Terms and Conditions, the Grant General 
Conditions, and the Cooperative Agreement--Financial and Administrative 
Terms and Conditions. These revised terms and conditions will become 
effective thirty days from the date of publication in the Federal 
Register and will be available in the NASA Grants and Cooperative 
Agreement Manual (GCAM).
    The new term and condition will be applied to all new NASA awards 
and funding amendments to existing awards made on or after the 
effective date. This new reporting requirement will apply to all 
findings/determinations that occur on or after the effective date of 
the terms and conditions. With regard to notification of placement on 
administrative leave, the awardee must notify NASA within seven 
business days from the date the awardee determines that placement on 
administrative leave is necessary.
    Awardees are strongly encouraged to conduct a thorough review of 
the term and condition to determine whether the new requirements 
necessitate any changes to the institution's policies and procedures. 
The new term and condition will be effective for any new award, or 
funding amendment to an existing award, made on or after the effective 
date. For these purposes, this means that any finding/determination, 
placement on administrative leave or the imposition of any 
administrative action by the institution made on or after the start 
date of an award or funding amendment subject to the new term will 
invoke the new notification requirements.

Nanette Smith,
NASA Federal Register Liaison Officer.
[FR Doc. 2019-14653 Filed 7-9-19; 8:45 am]
BILLING CODE 7510-13-P