Combating Sexual Harassment in Science Act
This bill addresses sexual harassment and gender harassment in the science, technology, engineering, and mathematics (STEM) fields by supporting research regarding such harassment and efforts to prevent and respond to such harassment.
(Sec. 4) This bill directs the National Science Foundation (NSF) to award grants to institutions of higher education or nonprofit organizations (or their consortia) to
(Sec. 5) The NSF must convene a working group composed of representatives of federal statistical agencies to develop questions on sexual harassment and gender harassment in STEM departments in order to gather national data on the prevalence, nature, and implications of such harassment in institutions of higher education.
(Sec. 6) 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 to include, among other things, updated professional standards of conduct in research and evidence-based practices for fostering a climate that is intolerant of sexual harassment and gender harassment; and (2) study the influence of such harassment in institutions of higher education on the career advancement of individuals in the STEM workforce.
(Sec. 7) 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 and gender 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 and gender harassment.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2695 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2021
Ms. Johnson of Texas (for herself and Mr. Lucas) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology
_______________________________________________________________________
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''.
(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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E426-427)
Referred to the House Committee on Science, Space, and Technology.
Ms. Bonamici moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H2401-2403; text: CR H2401-2402)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2695.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Pursuant to the provisions of H. Res. 403, proceedings on H.R. 2695 are considered vacated.
Passed/agreed to in House: Pursuant to section 5 of H. Res. 403, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 144, as amended; H.R. 204, as amended; H.R. 210, as amended; H.R. 240; H.R. 707, as amended; H.R. 711, as amended; H.R. 1157, as amended; H.R. 1447, as amended; H.R. 1510, as amended; H.R. 1711, as amended; H.R. 2027; H.R. 2167, as amended; H.R. 2441; H.R. 2494; H.R. 2533; H.R. 2655, as amended; H.R. 2695, H.R. 2704; H.R. 2788; H.R. 2878, as amended; and H.R. 3008.(consideration: CR H2482-2520; text: CR H2515-2517)
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Pursuant to section 5 of H. Res. 403, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 144, as amended; H.R. 204, as amended; H.R. 210, as amended; H.R. 240; H.R. 707, as amended; H.R. 711, as amended; H.R. 1157, as amended; H.R. 1447, as amended; H.R. 1510, as amended; H.R. 1711, as amended; H.R. 2027; H.R. 2167, as amended; H.R. 2441; H.R. 2494; H.R. 2533; H.R. 2655, as amended; H.R. 2695, H.R. 2704; H.R. 2788; H.R. 2878, as amended; and H.R. 3008. (consideration: CR H2482-2520; text: CR H2515-2517)
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.