[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1379 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1379
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 27, 2021
Mr. Blumenthal (for himself, Ms. Smith, Mr. Reed, Mr. Van Hollen, Ms.
Klobuchar, Ms. Hirono, Mrs. Shaheen, Mr. Sanders, Mr. Wyden, Mr.
Markey, Ms. Rosen, Mr. Brown, and Mr. Padilla) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 2021''.
(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. Government Accountability Office Study.
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 employees 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 of color are more likely to experience
sexual harassment and to feel unsafe at work than white
women, white men, or men of color;
(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 of color 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 grant recipients
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) Grant personnel.--The term ``grant personnel'' means
principal investigators and co-principal investigators
supported by a grant award under Federal law and their
trainees.
(5) 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).
(6) Recipient.--The term ``recipient'' means an entity,
usually a non-Federal entity, that receives a Federal award
directly from a Federal awarding agency. The term ``recipient''
does not include entities that receive subgrants or individuals
that are the beneficiaries of the award.
(7) Sexual harassment.--The term ``sexual harassment''
means conduct that encompasses--
(A) verbal and nonverbal behaviors that are severe
and pervasive and convey, among other things,
hostility, objectification, ridicule, exclusion, or
second-class status about one's sex (including sexual
orientation, gender identity, gender presentation, 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 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
communities of color, 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 or
nonprofit organizations 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 power dynamics and
hierarchical and dependent relationships in academia that have
been shown to create higher levels of risk for and lower levels
of reporting of sexual harassment; and
(6) establishing a center for the ongoing compilation,
management, and analysis of organizational climate survey data.
SEC. 5. DATA COLLECTION.
Not later than 180 days after the date of enactment of this Act,
the Director, through the National Center for Science and Engineering
Statistics and with guidance from the Office of Management and Budget
given their oversight of the Federal statistical agencies, 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 that
builds on the work conducted by the National Center for Science
and Engineering Statistics in response to recommendations from
the Academies to develop questions on harassment; 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;
(5) professional standards for mentorship and teaching with
an emphasis on power diffusion mechanisms and preventing sexual
harassment; and
(6) recommended vetting and hiring practices scientific
research entities are urged to implement to increase diversity
and eliminate serial harassers.
(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 agreement 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, representatives from the
Department of Education, and a representative from the 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 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 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 consider guidelines that require--
(A) recipients to submit to the Federal science
agency or agencies from which the recipients receive
funding reports relating to--
(i) findings or determinations of sexual
harassment by or of grant personnel; 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 updating, sharing, and archiving of reports
of sexual harassment from recipients submitted under
subparagraph (A) with relevant Federal science agencies
by agency request; and
(C) to the extent practicable, consistency among
relevant Federal science agencies with regards to the
policies and procedures for receiving reports submitted
pursuant to subparagraph (A).
(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 protocols that--
(1) require recipients that receive funds from Federal
science agencies to periodically assess their organizational
climate, which may include the use of climate surveys, focus
groups, or exit interviews;
(2) require recipients that receive funds from Federal
science agencies 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 recipients that receive funds from Federal
science agencies to make public on an annual basis the number
of reports of sexual harassment at that institution or
organization;
(4) require recipients that receive funds from Federal
science agencies to regularly assess and improve policies,
procedures, and interventions to reduce the prevalence of and
improve the reporting of sexual harassment;
(5) require each entity applying for Federal assistance
awards from a Federal science agency to have a code of conduct
for maintaining a healthy and welcoming workplace for grant
personnel posted on their public website;
(6) require each recipient that receives funds from Federal
science agencies to have in place mechanisms for the re-
integration of individuals who have experienced sexual
harassment; and
(7) reward and incentivize recipients that receive funds
from Federal science agencies that are working to create a
climate intolerant of sexual harassment and that values and
promotes diversity and inclusion.
(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.
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''; and
(4) where to focus future efforts with respect to
decreasing sexual harassment in such institutions.
SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) complete a study that assesses 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
(2) submit a report to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the
results of such study, including recommendations on potential
changes to practices and policies to improve those guidelines
and that implementation.
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