Reporting Requirements Regarding Findings of Harassment, Sexual Harassment, Other Forms of Harassment, or Sexual Assault

 
CONTENT
Federal Register, Volume 84 Issue 137 (Wednesday, July 17, 2019)
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34206-34208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15088]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice: 19-140]
Reporting Requirements Regarding Findings of Harassment, Sexual
Harassment, Other Forms of Harassment, or Sexual Assault
AGENCY: National Aeronautics and Space Administration.
ACTION: Request for public comment; Correction.
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SUMMARY: The National Aeronautics and Space Administration (NASA) is
correcting a document that appeared in the Federal Register on July 10,
2019, concerning request for public comment on the Agency's proposed
implementation of new reporting requirements regarding harassment among
recipients of NASA financial assistance. The document that published
was an incorrect version. This document is the correct version.
DATES: Comments must be received by August 16, 2019.
ADDRESSES: Comments should be addressed to National Space and
Aeronautics Administration Headquarters, 300 E Street SW, Rm. 6O87,
Washington, DC 20546 or sent by email to [email protected];
Phone Number: 202-358-2180, FAX Number: 202-358-3336. We encourage
respondents to submit comments electronically to ensure timely receipt.
We cannot guarantee that comments mailed will be received before the
comment closing date. Please include ``Reporting Requirement Regarding
Findings of Sexual Harassment, other Forms of Harassment, or Sexual
Assault'' in the subject line of the email message; please also include
the full body of your comments in the text of the message and as an
attachment. Include your name, title, organization, postal address,
telephone number, and email address in your message.
FOR FURTHER INFORMATION CONTACT: Richard N. Reback, email:
[email protected]; telephone (202)358-2180.
[[Page 34207]]
SUPPLEMENTARY INFORMATION:
Correction
    In the Federal Register of July 10, 2019, in FR Doc. 2019-14653, on
page 32964 in the first column, correct the SUMMARY and SUPPLEMENTAY
INFORMATION to read as follows:
SUMMARY: The many hundreds of U.S. institutions of higher education and
other organizations that receive NASA funds are responsible for fully
investigating complaints and for compliance with federal non-
discrimination laws, regulations, and executive orders. The
implementation of new reporting requirements is necessary as NASA seeks
to help ensure research environments to which the Agency provides
funding are free from sexual harassment, other forms of harassment, and
sexual assault. Additionally, NASA is taking this action to bolster our
policies, guidelines, and communications. The intended effect of this
action is, first, to better ensure that organizations funded by NASA
clearly understand expectations and requirements. In addition, NASA
seeks to ensure that recipients of grants and cooperative agreements
respond promptly and appropriately to instances of sexual harassment,
other forms of harassment, and sexual assault.
SUPPLEMENTARY INFORMATION: As a U.S. funding Agency of scientific
research and development, and the primary funding Agency for
aeronautics and space research and technology, NASA is committed to
promoting safe, productive research and education environments for
current and future scientists and engineers. We consider the Principal
Investigator (PI) and any Co-Investigator(s) (Co-I) identified on a
NASA award and all personnel supported by a NASA award must not engage
in harassing behavior during the award period of performance whether at
the recipient's institution, on-line, or outside the organization, such
as at field sites or facilities, or during conferences and workshops.
    Upon implementation, the new term and condition will require
recipient organizations to report to NASA any findings/determinations
of sexual harassment, other forms of harassment, or sexual assault
regarding a NASA funded PI or Co-I. The new term and condition will
also require the recipient to report to NASA if the PI or Co-I is
placed on administrative leave or if the recipient has imposed any
administrative action on the PI or Co-I, or any determination or an
investigation of an alleged violation of the recipient's policies or
codes of conduct, statutes, regulations, or executive orders relating
to sexual harassment, other forms of harassment, or sexual assault.
Finally, the award term and condition specifies the procedures that
will be followed by NASA upon receipt of a report.
    The full text of the new term and condition is provided below:
Reporting Requirements Regarding Sexual Harassment, Other Forms of
Harassment, or Sexual Assault
    (a) The Principal Investigator (PI) and any Co-Investigator(s) (Co-
I) identified on an NASA award are in a position of trust. These
individuals must comport themselves in a responsible and accountable
manner during the award period of performance, whether at the
recipient's institution, on-line, or at locales such as field sites,
facilities, or conferences/workshops. Above all, NASA wishes to assure
the safety, integrity, and excellence of the programs and activities it
funds.
    (b) For purposes of this term and condition, the following
definitions apply:
    1. Administrative Leave/Administrative Action: Any temporary/
interim suspension or permanent removal of the PI or Co-I, or any
administrative action imposed on the PI or Co-I by the recipient under
organizational policies or codes of conduct, statutes, regulations, or
executive orders, relating to activities, including but not limited to
the following: teaching, advising, mentoring, research, management/
administrative duties, or presence on campus.
    2. Finding/Determination: The final disposition of a matter
involving sexual harassment or other form of harassment under
organizational policies and processes, to include the exhaustion of
permissible appeals exercised by the PI or Co-I, or a conviction of a
sexual offense in a criminal court of law.
    3. Other Forms of Harassment: Non-gender or non-sex-based
harassment of individuals protected under federal civil rights laws, as
set forth in organizational policies or codes of conduct, statutes,
regulations, or executive orders.
    4. Sexual harassment: May include but is not limited to gender or
sex-based harassment, unwelcome sexual attention, sexual coercion, or
creating a hostile environment, as set forth in organizational policies
or codes of conduct, statutes, regulations, or executive orders.
    (c) The recipient is required to report to NASA: (1) Any finding/
determination regarding the PI or any Co-I that demonstrates a
violation of the recipient's policies or codes of conduct, statutes,
regulations, or executive orders relating to sexual harassment, other
forms of harassment, or sexual assault; and/or (2) if the PI or any Co-
I is placed on administrative leave or if any administrative action has
been imposed on the PI or any Co-I by the recipient relating to any
finding/determination or an investigation of an alleged violation of
the recipient's policies or codes of conduct, statutes, regulations, or
executive orders relating to sexual harassment, other forms of
harassment, or sexual assault.\1\ Such reporting must be submitted by
the Authorized Organizational Representative (AOR) to NASA's Office of
Diversity and Equal Opportunity at [email protected] within
seven business days from the date of the finding/determination, or the
date of the placement of a PI or Co-I by the recipient on
administrative leave or the imposition of an administrative action.\2\
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    \1\ Recipient findings/determinations and placement of a PI or
Co-I on administrative leave or the imposition of an administrative
action must be conducted in accordance with organizational policies
and processes. They also must be conducted in accordance with
federal laws, regulations, and executive orders.
    \2\ Such report must be provided regardless of whether the
behavior leading to the finding/determination, or placement on
administrative leave, or the imposition of an administrative action
occurred while the PI or Co-I was carrying out award activities.
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    (d) Recipient agrees to insert the substance of this term and
condition in any subaward/subcontract involving a co-investigator.
Recipient will be responsible for ensuring that all reports, including
those related to co-investigators, comply with this term and condition.
    (e) Each report must include the following information:
     NASA Award Number;
     Name of PI or Co-I being reported; \1\
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    \1\ Only the identification of the PI or Co-I is required.
Personally identifiable information regarding any complainants or
other individuals involved in the matter must not be included in the
report.
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    Type of Report: Select one of the following:
     Finding/Determination that the reported individual has
been found to have violated the recipient's policies or codes of
conduct, statutes, regulations, or executive orders relating to sexual
harassment, other forms of harassment, or sexual assault; or
     Placement by the recipient of the reported individual on
administrative leave or the imposition of any administrative action on
the PI or any Co-I by the recipient relating to any finding/
determination, or an investigation of an alleged violation of the
recipient's policies or codes of
[[Page 34208]]
conduct, statutes, regulations, or executive orders relating to sexual
harassment, other forms of harassment, or sexual assault.
    The recipient must also provide:
     A description of the finding/determination and action(s)
taken, if any; and/or
     The reason(s) for, and conditions of placement of the PI
or any Co-I on administrative action or administrative leave.
    The recipient, at any time, may propose a substitute investigator
if it determines the PI or any Co-I may not be able to carry out the
funded project or activity and/or abide by the award terms and
conditions.
    In reviewing the report, NASA will consider, at a minimum, the
following factors:
    a. The safety and security of personnel supported by the NASA
award;
    b. The overall impact to the NASA-funded activity;
    c. The continued advancement of taxpayer-funded investments in
science and scientists; and
    d. Whether the recipient has taken appropriate action(s) to ensure
the continuity of science and that continued progress under the funded
project can be made.
    (f) Upon receipt and review of the information provided in the
report, NASA will consult with the AOR, or designee. Based on the
results of this review and consultation, the Agency may, if necessary
and in accordance with 2 CFR 200.338, assert its programmatic
stewardship responsibilities and oversight authority to initiate the
substitution or removal of the PI or any Co-I, reduce the award funding
amount, or where neither of those previous options is available or
adequate, to suspend or terminate the award. Other personnel supported
by a NASA award must likewise remain in full compliance with the
recipient's policies or codes of conduct, statutes, regulations, or
executive orders relating to sexual harassment, other forms of
harassment, or sexual assault. With regard to any personnel not in
compliance, the recipient must make appropriate arrangements to ensure
the safety and security of other award personnel and the continued
progress of the funded project. Notification of these actions is not
required under this term and condition.
End of Proposed Term and Condition
    Implementation: Upon receipt and resolution of all comments, it is
NASA's intention to implement the new term through revision of the NASA
Agency Specific Requirements to the Research Terms and Conditions, the
Grant General Conditions, and the Cooperative Agreement--Financial and
Administrative Terms and Conditions. These revised terms and conditions
will become effective thirty days from the date of publication in the
Federal Register and will be available in the NASA Grants and
Cooperative Agreement Manual (GCAM).
    The new term and condition will be applied to all new NASA awards
and funding amendments to existing awards made on or after the
effective date. This new reporting requirement will apply to all
findings/determinations that occur on or after the effective date of
the terms and conditions. With regard to notification of placement on
administrative leave, the recipient must notify NASA within seven
business days from the date the recipient determines that placement on
administrative leave is necessary.
    Recipients are strongly encouraged to conduct a thorough review of
the term and condition to determine whether the new reporting
requirements necessitate any changes to the institution's policies and
procedures. The new term and condition will be effective for any new
award, or funding amendment to an existing award, made on or after the
effective date. For these purposes, this means that any finding/
determination, placement on administrative leave or the imposition of
any administrative action by the institution made on or after the start
date of an award or funding amendment subject to the new term will
invoke the new reporting requirements.
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2019-15088 Filed 7-16-19; 8:45 am]
 BILLING CODE 7510-13-P