§19195 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Director of the Office of Science and Technology Policy must create or name an interagency working group through the National Science and Technology Council. The group will work with the inclusion-in-STEM group and the Safe Inclusive Research Environments Subcommittee. It must consult with each Federal research agency and with the Offices for Civil Rights at HHS and Education and the Equal Employment Opportunity Commission. Not later than 90 days after August 9, 2022, the group must send Congress an inventory of Federal research agency policies, procedures, and resources for preventing and responding to sex-based and sexual harassment involving award personnel. Within 6 months after that inventory is sent, the group must, with outside stakeholders, make a common set of policy guidelines and send those to the same Congressional committees. The group will encourage and watch agencies as they use the guidelines. The OSTP Director must report to Congress on how agencies are using the guidelines 1 year after the inventory and every 5 years after that. The guidelines must be updated when needed. The guidelines must, as practical, require recipients of research awards to report to the funding agency about decisions to start formal investigations (including bullying, retaliation, or hostile work conditions), administrative actions that affect a person’s ability to do award work, the number of investigations with no findings, and any findings or final dispositions. The rules must cover sharing, updating, and archiving those reports yearly and on request, and make agency procedures for receiving reports consistent. The guidelines must follow FERPA and protect privacy and must not require interim reports. The Director should also consider asking recipients to check their workplace climate (surveys or interviews), publish non‑identifying results and annual counts of harassment reports, keep improving policies, post a code of conduct when applying for awards, provide help for people harmed and those returning to work, and promote a culture that rejects harassment and supports inclusion. Each Federal research agency must adopt and share policies consistent with the guidelines within 270 days after getting them and protect privacy to the maximum extent practicable.

Title 42, §19195

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish or designate an interagency working group for the purpose of coordinating Federal research agency efforts to reduce the prevalence of sex-based and sexual harassment involving award personnel. In coordination with the working group on inclusion in STEM fields established under section 6626 of this title and the Safe Inclusive Research Environments Subcommittee of the National Science and Technology Council, and in consultation with representatives from each Federal research agency, the Office for Civil Rights at the Department of Health and Human Services, the Office for Civil Rights at the Department of Education, and the Equal Employment Opportunity Commission, the working group shall—

(1)not later than 90 days after August 9, 2022, submit to the Committee on Science, Space, and Technology, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate an inventory of Federal research agency policies, procedures, and resources dedicated to preventing and responding to reports of sex-based and 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 consistent set of policy guidelines for Federal research agencies; and

(B)submit a report to the committees referred to in paragraph (1) containing such guidelines;

(3)encourage and monitor efforts of Federal research 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 research agencies of the policy guidelines developed under paragraph (2); and

(5)update such policy guidelines as needed.

(b)In developing policy guidelines under subsection (a)(2), the Director of the Office of Science and Technology Policy shall include guidelines that require, to the extent practicable—

(1)recipients to submit to the Federal research agency or agencies from which the recipients receive funding reports relating to—

(A)any decision made to launch a formal investigation of sex-based or sexual harassment, including bullying, retaliation, or hostile working conditions by, or of, award personnel;

(B)administrative action, related to an allegation against award personnel of any such harassment, as set forth in organizational policies or codes of conduct, statutes, regulations, or executive orders, that affects the ability of award personnel or their trainees to carry out the activities of the award;

(C)the total number of investigations with no findings or determinations of misconduct including such harassment;

(D)findings or determinations of such harassment, as set forth in organizational policies or codes of conduct, statutes, regulations, or Executive orders by, or of, award personnel, including the final disposition of a matter involving a violation of organizational policies and processes, to include the exhaustion of permissible appeals, or a determination of a sexual offense in a court of law, or any other disciplinary action taken;

(2)the sharing, updating, and archiving of reports of sex- based and sexual harassment from recipients submitted under paragraph (1) with relevant Federal research agencies, on a yearly basis and by agency request; and

(3)consistency among Federal research agencies with regard to the policies and procedures for receiving reports submitted pursuant to paragraph (1).

(4)The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 1232g of title 20 (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”).

(5)The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements—

(A)do not infringe upon the privacy rights of individuals associated with reports submitted to Federal research agencies; and

(B)do not require recipients to provide interim reports to Federal research agencies.

(c)In carrying out subsection (a)(2), the Director of the Office of Science and Technology Policy shall consider issuing guidelines that require or incent—

(1)recipients to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews;

(2)recipients to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph (1), disaggregated by sex and, if practicable, race, ethnicity, disability status, and sexual orientation, and in a manner that does not include personally identifiable information;

(3)recipients to make public on an annual basis the number of reports of sex-based and sexual harassment at that institution or organization;

(4)recipients to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of and improve the reporting of sex-based and sexual harassment;

(5)each entity applying for a research and development award certify that a code of conduct is in place for maintaining a healthy and welcoming workplace for award personnel and posted on their public website;

(6)each recipient and Federal research agency to have in place mechanisms for addressing the needs of individuals who have experienced sex-based and sexual harassment, including those individuals seeking to reintegrate at the recipient entity; and

(7)recipients to work to create a climate intolerant of sex-based and sexual harassment and that values and promotes diversity and inclusion.

(d)Not later than 270 days after receiving the guidelines under paragraph (a)(2), each Federal research agency shall—

(1)develop or maintain and implement policies with respect to sex-based and sexual harassment that are consistent with policy guidelines under subsection (a)(2) and that protect the privacy of all parties involved in any report and investigation of sex-based or sexual harassment, to the maximum extent practicable; and

(2)broadly disseminate such policies to current and potential recipients of research and development awards made by such agency.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§19195 Interagency Working Group

Summary

Title 42, §19195

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Citations & Metadata