Reporting Requirements Regarding Findings of Harassment, Sexual Harassment, Other Forms of Harassment, or Sexual Assault, 34206-34208 [2019-15088]

Agencies

• National Aeronautics and Space Administration

[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