,,iib #aafth ,,congress #ast ,session ,h4 ,r4 #cf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bd1 #bjai,received2 read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,,an ,,act ,to provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific1 technical1 engineering1 and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,combating ,sexual ,harassment in ,science ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,research grants4 ,sec4 #e4 ,data collection4 ,sec4 #f4 ,responsible conduct guide4 ,sec4 #g4 ,interagency working group4 ,sec4 #h4 ,national academies assessment4 ,sec4 #i4 ,authorization of appropriations4 #b4 ,findings ,congress makes the following findings3 7#a7 ,according to the report issued by the ,national ,academies of ,sciences1 ,engineering1 and ,medicine in #bjah entitled ,sexual ,harassment of ,women3 ,climate1 ,culture1 and ,consequences in ,academic ,sciences1 ,engineering1 and ,medicine-- 7,a7 sexual harassment is pervasive in institutions of higher education2 7,b7 the most common type of sexual harassment is gender harassment1 which includes verbal and nonverbal behaviors that convey insulting1 hostile1 and degrading attitudes about members of one gender2 7,c7 #eh percent of individuals in the academic workplace experience sexual harassment1 the second highest rate when compared to the military1 the private sector1 and ,federal1 ,state1 and local government2 7,d7 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 women1 ,white men1 or men who are members of such groups2 7,e7 the training for each individual who has a doctor of philosophy in the science1 technology1 engineering1 and mathematics fields is estimated to cost approximately #ejj1jjj2 and 7,f7 attrition of an individual so trained results in a loss of talent and money4 7#b7 ,sexual harassment undermines career advancement for women4 7#c7 ,according to a #bjag ,university of ,illinois study1 among astronomers and planetary scientists1 #ah percent of women who are members of racial or ethnic minority groups and #ab percent of ,white women skipped professional events because they did not feel safe attending4 7#d7 ,many women report leaving employment at institutions of higher education due to sexual harassment4 7#e7 ,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 consequences4 7#f7 ,reporting procedures with respect to such harassment are inconsistent among ,federal science agencies and have varying degrees of accessibility4 7#g7 ,there is not adequate communication among ,federal science agencies and between such agencies and grantees regarding reports of sexual harassment1 which has resulted in harassers receiving ,federal funding after moving to a different institution4 #c4 ,definitions ,in this ,act3 7#a7 ,academies ,the term ,academies means the ,national ,academies of ,sciences1 ,engineering1 and ,medicine4 7#b7 ,director ,the term ,director means the ,director of the ,national ,science ,foundation4 7#c7 ,federal science agency ,the term ,federal science agency means any ,federal agency with an annual extramural research expenditure of over #ajj1jjj1jjj4 7#d7 ,finding or determination ,the term finding or determination means the final disposition of a matter involving a violation of organizational policies and processes1 to include the exhaustion of permissible appeals1 or a conviction of a sexual offense in a criminal court of law4 7#e7 ,gender harassment ,the term gender harassment means verbal and nonverbal behaviors that convey hostility1 objectification1 exclusion1 or second-class status about one's gender1 gender identity1 gender presentation1 sexual orientation1 or pregnancy status4 7#f7 ,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 provided4 7#g7 ,grant personnel ,the term grant personnel means principal investigators1 co-principal investigators1 postdoctoral researchers and other employees supported by a grant award1 cooperative agreement1 or contract under ,federal law4 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#i7 ,sexual harassment ,the term sexual harassment means conduct that encompasses-- 7,a7 unwelcome sexual advances2 7,b7 unwanted physical contact that is sexual in nature1 including assault2 7,c7 unwanted sexual attention1 including sexual comments and propositions for sexual activity2 7,d7 conditioning professional or educational benefits on sexual activity2 and 7,e7 retaliation for rejecting unwanted sexual attention4 7#aj7 ,stem ,the term ,,stem means science1 technology1 engineering1 and mathematics1 including computer science4 #d4 ,research grants 7a7 ,in general ,the ,director shall establish a program to award grants1 on a competitive basis1 to institutions of higher education or nonprofit organizations 7or consortia of such institutions or organizations7-- 7#a7 to expand research efforts to better understand the factors contributing to1 and consequences of1 sexual harassment and gender harassment affecting individuals in the ,,stem workforce1 including students and trainees2 and 7#b7 to examine interventions to reduce the incidence and negative consequences of such harassment4 7b7 ,use of funds ,activities funded by a grant under this section may include-- 7#a7 research on the sexual harassment and gender harassment experiences of individuals in underrepresented or vulnerable groups1 including racial and ethnic minority groups1 disabled individuals1 foreign nationals1 sexual- and gender-minority individuals1 and others2 7#b7 development and assessment of policies1 procedures1 trainings1 and interventions1 with respect to sexual harassment and gender harassment1 conflict management1 and ways to foster respectful and inclusive climates2 7#c7 research on approaches for remediating the negative impacts and outcomes of such harassment on individuals experiencing such harassment2 7#d7 support for institutions of higher education to develop1 adapt1 and assess the impact of innovative1 evidence-based strategies1 policies1 and approaches to policy implementation to prevent and address sexual harassment and gender harassment2 7#e7 research on alternatives to the hierarchical and dependent relationships1 including but not limited to the mentor-mentee relationship1 in academia that have been shown to create higher levels of risk for sexual harassment and gender harassment2 and 7#f7 establishing a center for the ongoing compilation1 management1 and analysis of campus climate survey data4 #e4 ,data collection ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall convene a working group composed of representatives of ,federal statistical agencies-- 7#a7 to develop questions on sexual harassment and gender harassment in ,,stem departments to gather national data on the prevalence1 nature1 and implications of sexual harassment and gender harassment in institutions of higher education2 and 7#b7 to include such questions as appropriate1 with sufficient protections of the privacy of respondents1 in relevant surveys conducted by the ,national ,center for ,science and ,engineering ,statistics and other relevant entities4 #f4 ,responsible conduct guide 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall enter into an agreement with the ,academies to update the report entitled ,on ,being a ,scientist3 ,a ,guide to ,responsible ,conduct in ,research issued by the ,academies4 ,the report1 as so updated1 shall include-- 7#a7 updated professional standards of conduct in research2 7#b7 standards of treatment individuals can expect to receive under such updated standards of conduct2 7#c7 evidence-based practices for fostering a climate intolerant of sexual harassment and gender harassment2 7#d7 methods1 including bystander intervention1 for identifying and addressing incidents of sexual harassment and gender harassment2 and 7#e7 professional standards for mentorship and teaching with an emphasis on preventing sexual harassment and gender harassment4 7b7 ,recommendations ,in updating the report under subsection 7a71 the ,academies shall take into account recommendations made in the report issued by the ,academies in #bjah entitled ,sexual ,harassment of ,women3 ,climate1 ,culture1 and ,consequences in ,academic ,sciences1 ,engineering1 and ,medicine and other relevant studies and evidence4 7c7 ,report ,not later than #ah months after the effective date of the contract under subsection 7a71 the ,academies1 as part of such agreement1 shall submit to the ,director and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the report referred to in such subsection1 as updated pursuant to such subsection4 #g4 ,interagency working group 7a7 ,in general ,the ,director of the ,office of ,science and ,technology ,policy1 acting through the ,national ,science and ,technology ,council1 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 personnel4 ,the working group shall be chaired by the ,director of the ,office of ,science and ,technology ,policy 7or the ,director's designee7 and shall include a representative from each ,federal science agency with annual extramural research expenditures totaling over #a1jjj1jjj1jjj1 a representative from the ,department of ,education1 and a representative from the ,u4,s4 ,equal ,employment ,opportunity ,commission4 7b7 ,responsibilities of working group ,the interagency working group established under subsection 7a7 shall coordinate ,federal science agency efforts to implement the policy guidelines developed under subsection 7c77#b74 7c7 ,responsibilities of ,,ostp ,the ,director of the ,office of ,science and ,technology ,policy shall-- 7#a7 not later than #ij days after the date of the enactment of this ,act1 submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate an inventory of policies1 procedures1 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 comply2 and 7#b7 not later than #f months after the date on which the inventory is submitted under paragraph 7#a7-- 7,a7 in consultation with outside stakeholders and ,federal science agencies1 develop a uniform set of policy guidelines for ,federal science agencies2 and 7,b7 submit a report to the committees referred to in paragraph 7#a7 containing such guidelines2 7#c7 encourage and monitor efforts of ,federal science agencies to develop or maintain and implement policies based on the guidelines developed under paragraph 7#b71 including the extent to which ,federal science agency policies depart from the uniform policy guidelines2 7#d7 not later than #a year after the date on which the inventory under paragraph 7#a7 is submitted1 and every #e years thereafter1 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 7#b72 and 7#e7 update such policy guidelines as needed4 7d7 ,requirements ,in developing policy guidelines under subsection 7c77#b71 the ,director of the ,office of ,science and ,technology ,policy shall include guidelines that require-- 7#a7 grantees to submit to the ,federal science agency or agencies from which the grantees receive funding reports relating to-- 7,a7 administrative action1 related to an allegation against grant personnel of any sexual harassment or gender harassment1 as set forth in organizational policies or codes of conduct1 statutes1 regulations1 or executive orders1 that affects the ability of grant personnel or their trainees to carry out the activities of the grant2 and 7,b7 findings or determinations against grant personnel of sexual harassment or gender harassment1 as set forth in organizational policies or codes of conduct1 statutes1 regulations1 or executive orders1 including any findings or determinations related to reports submitted under subparagraph 7,a7 and any disciplinary action that was taken2 7#b7 the sharing1 updating1 and archiving of reports of sexual harassment and gender harassment from grantees submitted under paragraph 7#a77;,b7 with relevant ,federal science agencies on a quarterly basis2 and 7#c7 to the extent practicable1 ensure consistency among ,federal agencies with regards to the policies and procedures for receiving reports submitted pursuant to paragraph 7#a71 which may include the designation of a single agency to field reports so submitted4 7e7 ,considerations ,in developing policy guidelines under subsection 7c77#b71 the ,director of the ,office of ,science and ,technology ,policy shall consider guidelines that require or incentivize-- 7#a7 grantees to periodically assess their organizational climate1 which may include the use of climate surveys1 focus groups1 or exit interviews2 7#b7 grantees to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph 7#a71 disaggregated by gender and1 if possible1 race1 ethnicity1 disability status1 and sexual orientation2 7#c7 grantees to make public on an annual basis the number of reports of sexual harassment and gender harassment at each such institution2 7#d7 grantees to regularly assess and improve policies1 procedures1 and interventions to reduce the prevalence of sexual harassment and gender harassment2 7#e7 each grantee to demonstrate in its proposal for a grant award1 cooperative agreement1 or contract that a code of conduct is in place for maintaining a healthy and welcoming workplace for grant personnel and their trainees2 7#f7 the diffusion of the hierarchical and dependent relationships between grant personnel and their trainees2 7#g7 each grantee and ,federal science agency to have in place mechanisms for the re-integration of individuals who have experienced sexual harassment and gender harassment2 and 7#h7 grantees to work to create a climate intolerant of sexual harassment and gender harassment4 7f7 ,federal science agency implementation ,each ,federal science agency shall-- 7#a7 develop or maintain and implement policies with respect to sexual harassment and gender harassment that are consistent with policy guidelines under subsection 7c77#b7 and that protect the privacy of all parties involved in any report and investigation of sexual harassment and gender harassment1 except to the extent necessary to carry out an investigation2 and 7#b7 broadly disseminate such policies to current and potential recipients of research grants1 cooperative agreements1 or contracts awarded by such agency4 7g7 ,,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 #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7h7 ,sunset ,the interagency working group established under subsection 7a7 shall terminate on the date that is #g years after the date of the enactment of this ,act4 #h4 ,national academies assessment 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 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 workforce4 ,the study shall assess-- 7#a7 the state of research on sexual harassment and gender harassment in such workforce2 7#b7 whether research demonstrates a change in the prevalence of sexual harassment and gender harassment in such workforce2 7#c7 the progress made with respect to implementing recommendations promulgated in the ,academies consensus study report entitled ,sexual ,harassment of ,women3 ,climate1 ,culture1 and ,consequences in ,academic ,sciences1 ,engineering1 and ,medicine2 and 7#d7 where to focus future efforts with respect to decreasing sexual harassment and gender harassment in such institutions4 #i4 ,authorization of appropriations ,there is authorized to be appropriated to the ,director to carry out this ,act1 #ag1ejj1jjj4 ,passed the ,house of ,representatives ,july #bc1 #bjai4;,cheryl ,l4 ,johnson1,clerk4