Combating Sexual Harassment in Science Act of 2019
This bill addresses sexual harassment in the science, technology, engineering, and mathematics (STEM) fields by supporting sexual harassment research and efforts to prevent and respond to sexual harassment.
This bill directs the National Science Foundation (NSF) to award grants to institutions of higher education or nonprofit organizations (or their consortia) to
The NSF must convene a working group composed of representatives of federal statistical agencies to develop questions on sexual harassment in STEM departments in order to gather national data on the prevalence, nature, and implications of such harassment in institutions of higher education.
The NSF shall enter into agreements with the National Academies of Sciences, Engineering, and Medicine to (1) update a responsible conduct guide issued by the National Academies, and (2) study the influence of sexual harassment in institutions of higher education on the career advancement of individuals in the STEM workforce.
The National Science and Technology Council shall establish an interagency working group to coordinate the federal science agencies' efforts to reduce the prevalence of sexual harassment involving grant personnel.
The Office of Science and Technology Policy must develop a uniform set of policy guidelines for such agencies to prevent and respond to reports of sexual harassment.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1067 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1067
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 8, 2019
Ms. Harris (for herself, Ms. Rosen, Mr. Blumenthal, Ms. Smith, Ms.
Klobuchar, Ms. Hirono, Mr. Peters, Mr. Sanders, and Mr. Reed)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
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.
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 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 study led by Dr. Kathryn Clancy at
the University of Illinois, 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) 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.
(5) Grant personnel.--The term ``grant personnel'' means
principal investigators, co-principal investigators, other
personnel supported by a grant award under Federal law, and
their trainees.
(6) 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).
(7) Sexual harassment.--The term ``sexual harassment''
means conduct that encompasses--
(A) 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;
(B) unwelcome sexual advances;
(C) unwanted physical contact that is sexual in
nature, including assault;
(D) unwanted sexual attention, including sexual
comments and propositions for sexual activity;
(E) conditioning professional or educational
benefits on sexual activity; and
(F) retaliation for rejecting unwanted sexual
attention.
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
affecting individuals in the scientific, technical,
engineering, and mathematics 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 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, 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, implement, and assess the impact of innovative,
evidence-based strategies, policies, and approaches to policy
implementation to prevent and address sexual harassment;
(5) research on alternatives to the hierarchical and
dependent relationships in academia that have been shown to
create higher levels of risk for sexual 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 in science,
technology, engineering, and mathematics departments to gather
national data on the prevalence, nature, and implications of
sexual 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;
(4) methods, including bystander intervention, for
identifying and addressing incidents of sexual harassment; and
(5) professional standards for mentorship and teaching with
an emphasis on preventing sexual 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 16 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 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.
(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 Federal science agency policies, procedures, and
resources dedicated to preventing and responding to reports of
sexual harassment;
(2) not later than 6 months after the date on which the
inventory is submitted under paragraph (1)--
(A) in consultation with outside stakeholders,
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);
(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.--
(1) In general.--In developing policy guidelines under
subsection (c)(2), the Director of the Office of Science and
Technology Policy shall include guidelines that require--
(A) grantees to submit to the Federal science
agency or agencies from which the grantees receive
funding reports relating to--
(i) findings or determinations of sexual
harassment; and
(ii) any decisions made to place grant
personnel on administrative leave or impose any
administrative action on grant personnel
related to any sexual harassment investigation;
(B) the sharing and archiving of reports of sexual
harassment from grantees submitted under paragraph (1)
with relevant Federal science agencies on a quarterly
basis; and
(C) to the extent practicable, ensure consistency
among relevant 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.
(2) 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'').
(e) Considerations.--In developing policy guidelines under
subsection (c)(2), the Director of the Office of Science and Technology
Policy shall consider guidelines that--
(1) require grantees to periodically assess their
organizational climate using climate surveys, focus groups, or
exit interviews;
(2) require 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) require grantees to make public on an annual basis the
number of reports of sexual harassment at each such
institution;
(4) require grantees to regularly assess and improve
policies, procedures, and interventions to reduce the
prevalence of sexual harassment;
(5) require each grantee to describe in its grant proposal
a code of conduct for maintaining a healthy and welcoming
workplace for grant personnel; and
(6) reward and incentivize grantees working to create a
climate intolerant of sexual harassment.
(f) Federal Science Agency Implementation.--Each Federal science
agency shall--
(1) develop or maintain and implement policies with respect
to sexual 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, except to the extent necessary to carry out an
investigation; and
(2) broadly disseminate such policies to current and
potential recipients of research grants awarded by such agency.
(g) 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 in
institutions of higher education on the career advancement of
individuals in the scientific, engineering, technical, and mathematics
workforce. The study shall assess--
(1) the state of research on sexual harassment in such
workforce;
(2) whether research demonstrates a decrease in the
prevalence of sexual 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'';
(4) the degree to which Federal science agencies have
implemented the policy guidelines developed under section
7(c)(2) and the effectiveness of that implementation; and
(5) where to focus future efforts with respect to
decreasing sexual harassment in such institutions.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Director to carry out
this Act, $17,400,000.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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