[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5328 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5328
To require certain information be reported with respect to principal
investigators who have discriminated, including harassed, on the basis
of sex (including gender identity, sexual orientation, pregnancy,
childbirth, medical conditions related to pregnancy and childbirth,
parental status, and sex stereotype), and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2019
Ms. Speier (for herself, Ms. Kuster of New Hampshire, Mr. Rush, Mr.
Khanna, Ms. Slotkin, and Ms. Dean) introduced the following bill; which
was referred to the Committee on Education and Labor, and in addition
to the Committees on Oversight and Reform, and Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require certain information be reported with respect to principal
investigators who have discriminated, including harassed, on the basis
of sex (including gender identity, sexual orientation, pregnancy,
childbirth, medical conditions related to pregnancy and childbirth,
parental status, and sex stereotype), 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.
This Act may be cited as the ``Federal Funding Accountability for
Sexual Harassers Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Discrimination on the basis of sex remains pervasive in
the academic workplace and especially in the fields of science,
engineering, and medicine.
(2) According to a study conducted by the National
Academies of Sciences, Engineering, and Medicine in 2018--
(A) academic workplaces have a rate of sexual
harassment equal to 58 percent, which is second only to
the military, which has a rate of sexual harassment
equal to 69 percent;
(B) more than 50 percent of female faculty and
staff and an estimated 20 to 50 percent of female
students encounter or experience sexual harassment in
academia;
(C) in a survey of undergraduate and graduate
students, 1 in 5 female science students, 1 in 4 female
engineering students, and 2 in 5 female medical
students experienced sexual harassment from faculty and
staff;
(D) with respect to sexual harassment, sexual and
racial minorities are disproportionately targeted;
(E) in a study of employees in higher education,
nearly 77 percent of sexual minorities of both genders
experienced gender harassment compared to 30 percent of
heterosexuals;
(F) women of color and racial or ethnic minorities
experience harassment differently from other
populations given their intersectional identities; and
(G) policies and procedures in effect as of the
date of enactment of this Act often protect the
liability of institutions of higher education but are
not effective in preventing sexual harassment.
(b) Sense of Congress.--It is the sense of Congress that academic
institutions and the Federal Government should work together to
meaningfully address the issue of sexual harassment by ensuring a
culture of accountability, transparency, and inclusion.
SEC. 3. UNIQUE IDENTIFIER REQUIREMENTS FOR PRINCIPAL INVESTIGATORS.
Section 2 of the Federal Funding Accountability and Transparency
Act of 2006 (31 U.S.C. 6101 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(B) by inserting after paragraph (5), the
following:
``(6) Principal investigator or program director.--The term
`Principal Investigator or Program Director'--
``(A) means an individual--
``(i) designated by the entity receiving
the award to direct or lead the project,
program, or activity being supported by the
grant; and
``(ii) responsible and accountable to the
entity receiving the award for the proper
conduct of the project, program, or activity;
and
``(B) includes an individual identified by such
institution as a co-principal investigator with respect
to such grant.''; and
(2) in subsection (b)(1)(E)--
(A) by striking ``award and'' and inserting
``award,''; and
(B) by inserting ``, and the Principal Investigator
or Program Director'' after ``another entity''.
SEC. 4. REQUIREMENTS FOR INSTITUTIONS OF HIGHER EDUCATION.
(a) In General.--Section 487(a) of the Higher Education Act of 1965
(20 U.S.C. 1094(a)) is amended by adding at the end the following:
``(30)(A) With respect to any individual who, as a result
of a grievance procedure described in section 106.8(b) of title
34, Code of Federal Regulations (or successor regulations) and
carried out by the institution, is found by the institution to
have engaged in discrimination, including harassment, on the
basis of sex (including gender identity, sexual orientation,
pregnancy, childbirth, medical conditions related to pregnancy
and childbirth, parental status, and sex stereotype) while the
individual was a principal investigator at the institution, the
institution will report (not later than 1 month after the final
disposition of such grievance procedure)--
``(i) to the Federal clearinghouse designated by
the Director of the Office of Management and Budget
under section 7504 of title 31, United States Code, the
information specified in subclauses (I) through (VI) of
clause (ii); and
``(ii) to each Federal department and agency that
has awarded such institution a competitive research and
development grant on or after the date that is 10 years
before such finding, the following information:
``(I) The unique identifier of such
individual.
``(II) The date and nature of the violation
for which such determination was made.
``(III) A list of competitive research
grants (including identifying numbers) for
which the individual was a principal
investigator.
``(IV) The findings of such determination.
``(V) The remedy (such as corrective
training or suspension) required by the
institution after such determination.
``(VI) Whether findings of discrimination,
including harassment, on the basis of sex
(including gender identity, sexual orientation,
pregnancy, childbirth, medical conditions
related to pregnancy and childbirth, parental
status, and sex stereotype) have been found
against such an investigator previously.
``(B) With respect to a complaint alleging discrimination,
including harassment, on the basis of sex (including gender
identity, sexual orientation, pregnancy, childbirth, medical
conditions related to pregnancy and childbirth, parental
status, and sex stereotype) by a principal investigator at the
institution, which was filed with such institution, but for
which the institution has not completed a grievance procedure
described in section 106.8(b) of title 34, Code of Federal
Regulations (or successor regulations) 6 months after the date
on which such complaint was filed, the institution will report
(not later than the date that is 7 months after the date on
which such complaint was filed)--
``(i) to the Federal clearinghouse designated by
the Director of the Office of Management and Budget
under section 7504 of title 31, United States Code, the
information specified in subclauses (I) through (VI) of
clause (ii); and
``(ii) to each Federal department and agency that
has awarded such institution a competitive research and
development grant on or after the date that is 10 years
before such complaint was filed, the following
information:
``(I) The current status of the complaint.
``(II) The nature of the complaint.
``(III) The date of the alleged violation.
``(IV) The reason why the institution has
yet to complete the grievance procedure.
``(V) Whether findings of discrimination,
including harassment, on the basis of sex
(including gender identity, sexual orientation,
pregnancy, childbirth, medical conditions
related to pregnancy and childbirth, parental
status, and sex stereotype) have been found,
against such an investigator previously.
``(C) In the case of an institution that is required to
report information--
``(i) under subparagraph (A), the institution
will--
``(I) ensure that such information is
accurate; and
``(II) if errors are discovered in such
information--
``(aa) report the corrected
information to each Federal department
and agency described in such
subparagraph, as soon as practicable;
and
``(bb) submit, as soon as
practicable, to the Federal
clearinghouse designated by the
Director of the Office of Management
and Budget under section 7504 of title
31, United States Code, a request to
correct such information; or
``(ii) under subparagraph (B), the institution will
not report any personally identifiable information with
respect to individuals involved with the formal
complaint on which the institution is reporting.
``(D) Upon receiving a request described in subparagraph
(C)(i)(II)(bb), the Federal clearinghouse designated by the
Director of the Office of Management and Budget under section
7504 of title 31, United States Code, shall modify or remove
information reported under subparagraph (A), as applicable.
``(E) For purposes of this paragraph, the term `principal
investigator' has the meaning given the term in paragraph (6)
of section 2(a) of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note).
``(31) The institution will disclose in any application for
a Federal award (as defined in section 2 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note)) submitted by such institution whether, with respect to
such Federal award, a principal investigator (as defined in
paragraph (30)(D))--
``(A) is, at the time such application is
submitted, subject to a grievance procedure described
in section 106.8(b) of title 34, Code of Federal
Regulations (or successor regulations); or
``(B) has been found by the institution to have
engaged in discrimination, including harassment, on the
basis of sex (including gender identity, sexual
orientation, pregnancy, childbirth, medical conditions
related to pregnancy and childbirth, parental status,
and sex stereotype) while the individual was a
principal investigator at the institution.''.
(b) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to require that an
institution of higher education make a legal determination that title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) has
been violated in order to conclude that discrimination, including
harassment, on the basis of sex (including gender identity, sexual
orientation, pregnancy, childbirth, medical conditions related to
pregnancy and childbirth, parental status, and sex stereotype) has
occurred.
SEC. 5. REQUIREMENTS FOR CERTAIN FEDERAL DEPARTMENTS AND AGENCIES.
(a) In General.--Each Federal department or agency authorized to
award research and development grants on a competitive basis--
(1) when making the final decision of whether to award such
a grant to an institution of higher education--
(A) shall determine whether any reports have been
obtained by the Federal clearinghouse designated by the
Director of the Office of Management and Budget under
section 7504 of title 31, United States Code;
(B) shall determine whether any reports have been
filed under paragraph (30)(A) of section 487(a) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)), as
added by section 3, on any individual who will be the
principal investigator at the institution of higher
education for such grant; and
(C) if such a report has been filed, will consider
the report when making such decision; and
(2) shall keep each report received under such paragraph on
an individual--
(A) in a case in which during the 10-year period
beginning on the date of receipt of such report no
additional such report is filed on such individual, for
such 10-year period; or
(B) in a case in which during the 10-year period
described in subparagraph (A) an additional such report
is filed on such individual, for the 10-year period
beginning on the date of receipt of such additional
report; and
(3) may condition such grant award on the prohibition of
the individual for which a report has been filed under such
paragraph from using the grant award or carrying out activities
under the grant.
(b) Reports.--Each Federal department or agency authorized to award
research and development grants on a competitive basis shall annually
submit a report to Congress that includes--
(1) the number of reports submitted under paragraph (30)(A)
of section 487(a) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)), as added by section 3, and disaggregated by
reports received under clause (i) of such paragraph and by
reports received under clause (ii) of such paragraph; and
(2) the number of cases in which the department or agency
recommended awarding such a grant for which the principal
investigator was an individual on which a report under such
paragraph had been filed during the preceding fiscal year and
the reasons for each such recommendation.
(c) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(2) Principal investigator.--The term ``principal
investigator'' has the meaning given the term in paragraph (6)
of section 2(a) of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note).
SEC. 6. STUDY AND REPORT.
The Secretary of Education shall enter into a contract with the
National Academies of Sciences, Engineering, and Medicine under which
the National Academies of Sciences, Engineering, and Medicine shall,
not later than 5 years after the date of the enactment of this Act, and
every 5 years thereafter, conduct a comprehensive study that includes--
(1) a summary of the implementation of the recommendations
from the 2018 study of such National Academies entitled ``The
Sexual Harassment of Women: Climate, Culture, and Consequences
in Academic Sciences, Engineering, and Medicine'' in--
(A) institutions of higher education;
(B) Federal agencies that provide competitively
awarded grants for research and development;
(C) nonprofit organizations; and
(D) other appropriate entities identified by such
National Academies;
(2) with respect to the implementation described in
paragraph (1), an analysis of the effect of such implementation
on addressing and preventing sexual harassment;
(3) a summary of the strategies employed by the entities
described in subparagraphs (A) through (D) of paragraph (1) to
address and prevent sexual harassment;
(4) an analysis of the extent to which such strategies have
been researched and evaluated;
(5) with respect to the strategies described in paragraph
(3), an analysis of the effect of such strategies on addressing
and preventing sexual harassment; and
(6) a description of--
(A) the legislative, administrative, educational,
and cultural barriers to implementing effective
policies and practices aimed at reducing the negative
impacts of sexual harassment; and
(B) the strategies for overcoming such barriers.
<all>