119-hr5486

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5486 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5486

 To prevent harassment at institutions of higher education, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 18, 2025

 Mr. Pocan (for himself, Mr. Amo, Ms. Ansari, Ms. Balint, Mrs. Beatty, 
Mr. Bell, Ms. Brownley, Mr. Carter of Louisiana, Ms. Castor of Florida, 
Mr. Cohen, Ms. Craig, Ms. Crockett, Ms. Davids of Kansas, Mr. Davis of 
 Illinois, Ms. Dean of Pennsylvania, Ms. DelBene, Mr. DeSaulnier, Mrs. 
 Dingell, Mr. Doggett, Mr. Evans of Pennsylvania, Mr. Foster, Ms. Lois 
Frankel of Florida, Ms. Garcia of Texas, Mr. Garcia of California, Mr. 
 Goldman of New York, Mr. Horsford, Mr. Huffman, Ms. Jayapal, Mr. 
Johnson of Georgia, Mr. Keating, Ms. Kelly of Illinois, Mr. Kennedy of 
New York, Mr. Khanna, Mr. Krishnamoorthi, Ms. Lee of Pennsylvania, Mr. 
 Lynch, Mr. Magaziner, Mrs. McClain Delaney, Ms. McClellan, Ms. 
 McCollum, Mr. McGarvey, Ms. Moore of Wisconsin, Mr. Morelle, Mr. 
 Moskowitz, Mr. Mrvan, Ms. Norton, Ms. Ocasio-Cortez, Mr. Panetta, Ms. 
 Pingree, Mr. Quigley, Mrs. Ramirez, Mr. Ryan, Ms. Salinas, Ms. 
 Schakowsky, Ms. Scholten, Ms. Sherrill, Ms. Simon, Mr. Smith of 
 Washington, Mr. Subramanyam, Mr. Swalwell, Mr. Takano, Mr. Thanedar, 
Ms. Tlaib, Mr. Tonko, Ms. Velazquez, Mrs. Watson Coleman, Ms. Williams 
 of Georgia, Mrs. McBath, Ms. Wilson of Florida, Mrs. McIver, Ms. 
Underwood, and Mr. Gottheimer) introduced the following bill; which was 
 referred to the Committee on Education and Workforce

_______________________________________________________________________

 A BILL

 To prevent harassment at institutions of higher education, 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.

 This Act may be cited as the ``Tyler Clementi Higher Education 
Anti-Harassment Act of 2025''.

SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR 
 STUDENTS.

 

Section 485

    (f) of the Higher Education Act of 1965 (20 U.S.C. 
1092

    (f) ) is amended--

    (1) by striking the subsection heading and inserting 
 ``Disclosure of Campus Security and Harassment Policy and 
 Campus Crime Statistics.'';

    (2) in paragraph

    (6)
        (A) --
        (A) by redesignating clauses
            (iii) ,
            (iv) , and
            (v) as clauses
            (vi) ,
            (vii) , and
            (viii) , respectively; and
        (B) by inserting after clause
            (ii) the following:
 ``
            (iii) The term `commercial mobile service' has the 
 meaning given the term in 

section 332
            (d) of the Communications 
 Act of 1934 (47 U.S.C. 332
            (d) ).
 ``
            (iv) The term `electronic communication' means any 
 transfer of signs, signals, writing, images, sounds, or data of 
 any nature transmitted in whole or in part by a wire, radio, 
 electromagnetic, photoelectronic, or photooptical system.
 ``
            (v) The term `electronic messaging services' has the 
 meaning given the term in 

section 102 of the Communications 
 Assistance for Law Enforcement Act (47 U.S.C. 1001).'';

    (3) by redesignating paragraphs

    (9) through

    (18) as 
 paragraphs

    (10) through

    (19) , respectively; and

    (4) by inserting after paragraph

    (8) the following:
 ``

    (9)
        (A) Each institution of higher education participating in any 
program under this title, other than a foreign institution of higher 
education, shall develop and distribute as part of the report described 
in paragraph

    (1) --
 ``
            (i) a statement of policy regarding harassment on the 
 basis of a student's actual or perceived race, color, national 
 origin, sex (including sexual orientation, gender identity, 
 pregnancy, childbirth, a medical condition related to pregnancy 
 or childbirth, a sex stereotype, and sex characteristics, 
 including intersex traits), disability, or religion, which 
 shall include--
 ``
            (I) a prohibition of such harassment of enrolled 
 students by other students, faculty, and staff--
 ``

    (aa) on campus;
 ``

    (bb) in noncampus buildings or on 
 noncampus property;
 ``
            (cc) on public property;
 ``
            (dd) in dormitories or other residential 
 facilities for students on campus;
 ``

    (ee) through the use of electronic mail 
 addresses issued by the institution of higher 
 education;
 ``

    (ff) through the use of computers and 
 communication networks, including any 
 telecommunications service, owned, operated, or 
 contracted for use by the institution of higher 
 education or its agents; or
 ``

    (gg) during an activity sponsored by the 
 institution of higher education or carried out 
 with the use of resources provided by the 
 institution of higher education;
 ``
            (II) a prohibition of such harassment that is 
 carried out in whole or in part through the use of 
 electronic messaging services, commercial mobile 
 services, electronic communications, or other 
 technology;
 ``
            (III) a description of the institution's programs 
 to combat harassment, which shall be aimed at the 
 prevention of harassment;
 ``
            (IV) a description of the procedures that a 
 student should follow if an incident of harassment 
 occurs; and
 ``
            (V) a description of the procedures that the 
 institution will follow once an incident of harassment 
 has been reported; and
 ``
            (ii) a detailed description of each occasion in which a 
 pattern of harassment occurs based on one or more of the 
 characteristics described in clause
            (i) and the actions taken 
 by the institution of higher education.
 ``
        (B) The statement of policy described in subparagraph
        (A)
            (i) shall address the following areas:
 ``
            (i) Procedures for timely institutional action in cases 
 of alleged harassment, which procedures shall include a clear 
 statement that the accuser and the accused shall be informed of 
 the outcome of any disciplinary proceedings in response to an 
 allegation of harassment.
 ``
            (ii) Possible sanctions to be imposed following the final 
 determination of an institutional disciplinary procedure 
 regarding harassment.
 ``
            (iii) Notification of existing counseling, mental health, 
 or student and employee services for victims or perpetrators of 
 harassment, both on campus and in the community.
 ``
            (iv) Identification of a designated employee or office at 
 the institution that will be responsible for receiving and 
 tracking each report of harassment by a student, faculty, or 
 staff member.''.

SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PROGRAM.

    (a) 

=== Definitions. ===
-In this section:

    (1) Eligible entity.--The term ``eligible entity'' means--
        (A) an institution of higher education, including 
 an institution of higher education in a collaborative 
 partnership with a nonprofit organization; or
        (B) a consortium of institutions of higher 
 education located in the same State.

    (2) Secretary.--The term ``Secretary'' means the Secretary 
 of Education.

    (b) Program Authorized.--The Secretary is authorized to award 
grants, on a competitive basis, to eligible entities to enable eligible 
entities to carry out the authorized activities described in subsection
            (d) .
            (c) Amount of Grant Awards.--The Secretary shall ensure that each 
grant awarded under this section is of sufficient amount to enable the 
grantee to meet the purpose of this section.
            (d) Authorized Activities.--An eligible entity that receives a 
grant under this section shall use the funds made available through the 
grant to address harassment on the basis of one or more of the 
characteristics described in 

section 485

    (f)

    (9)
        (A)
            (i) of the Higher 
Education Act of 1965 (20 U.S.C. 1092

    (f)

    (9)
        (A)
            (i) ), as amended by 

section 2 of this Act, by initiating, expanding, or improving 
programs--

    (1) to prevent the harassment of students at institutions 
 of higher education;

    (2) at institutions of higher education that provide 
 counseling or redress services to students who have suffered 
 such harassment or students who have been accused of subjecting 
 other students to such harassment; or

    (3) that educate or train students, faculty, or staff of 
 institutions of higher education about ways to recognize and 
 prevent harassment or ways to address such harassment if it 
 occurs.

    (e) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information, as the Secretary may require.

    (f) Duration; Renewal.--A grant under this section shall be awarded 
for a period of not more than 3 years. The Secretary may renew a grant 
under this section for one additional period of not more than 2 years.

    (g) Award Considerations.--In awarding a grant under this section, 
the Secretary shall select eligible entities that demonstrate the 
greatest need for a grant and the greatest potential benefit from 
receipt of a grant.

    (h) Report and Evaluation.--

    (1) Evaluation and report to the secretary.--Not later than 
 6 months after the end of the eligible entity's grant period, 
 the eligible entity shall--
        (A) evaluate the effectiveness of the activities 
 carried out with the use of funds awarded pursuant to 
 this section; and
        (B) prepare and submit to the Secretary a report on 
 the results of the evaluation conducted by the entity.

    (2) Evaluation and report to congress.--Not later than 12 
 months after the date of receipt of the first report submitted 
 pursuant to paragraph

    (1) and annually thereafter, the 
 Secretary shall provide to the Committee on Health, Education, 
 Labor, and Pensions of the Senate and the Committee on 
 Education and Workforce of the House of Representatives a 
 report that includes the following:
        (A) The number and types of eligible entities 
 receiving assistance under this section.
        (B) The anti-harassment programs being implemented 
 with assistance under this section and the costs of 
 such programs.
            (C) Any other information determined by the 
 Secretary to be useful in evaluating the overall 
 effectiveness of the program established under this 
 section in decreasing incidents of harassment at 
 institutions of higher education.

    (3) Best practices report.--The Secretary shall use the 
 information provided under paragraph

    (1) to publish a report of 
 evidence-based best practices for combating harassment at 
 institutions of higher education, which shall be based on 
 scientific research that meets nationally recognized standards. 
 The report shall be made available to all institutions of 
 higher education and other interested parties.
            (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2026 through 2031.

SEC. 4. EFFECT ON OTHER LAWS.

 Nothing in this Act shall be construed to invalidate or limit 
rights, remedies, procedures, or legal standards available under any 
other Federal law or law of a State or political subdivision of a 
State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), 

section 504 or 505 of the Rehabilitation Act of 1973 (29 
U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.). The obligations imposed by this Act are in 
addition to those imposed by title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.), 

section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.).
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