Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 19195: Interagency working group

Civil

What this law says, in plain English

Federal research agencies must inventory policies on sexual harassment prevention, develop consistent guidelines, and report implementation progress to Congress every five years.

Read the full statutory text
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; in consultation with outside stakeholders, develop a consistent set of policy guidelines for Federal research agencies; and submit a report to the committees referred to in paragraph (1) containing such guidelines; encourage and monitor efforts of Federal research agencies to develop or maintain and implement policies based on the guidelines developed under paragraph (2); 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 update such policy guidelines as needed. 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; 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; the total number of investigations with no findings or determinations of misconduct including such harassment; 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; 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 consistency among Federal research agencies with regard to the policies and procedures for receiving reports submitted pursuant to paragraph (1). 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”). do not infringe upon the privacy rights of individuals associated with reports submitted to Federal research agencies; and do not require recipients to provide interim reports to Federal research agencies. recipients to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews; 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; recipients to make public on an annual basis the number of reports of sex-based and sexual harassment at that institution or organization; 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; 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; 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 recipients to work to create a climate intolerant of sex-based and sexual harassment and that values and promotes diversity and inclusion. 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 broadly disseminate such policies to current and potential recipients of research and development awards made by such agency.

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