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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 540 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 540

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2011

Mr. Lautenberg (for himself, Mr. Durbin, Mr. Merkley, Mr. Sanders, Mr. 
   Wyden, Mr. Menendez, Mr. Akaka, Mrs. Gillibrand, and Mrs. Murray) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 2011''.

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 (ii) and (iii) as 
                clauses (vi) and (vii), respectively; and
                    (B) by inserting after clause (i) the following:
            ``(ii) 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)).
            ``(iii) 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.
            ``(iv) 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).
            ``(v) The term `harassment' means conduct, including acts 
        of verbal, nonverbal, or physical aggression, intimidation, or 
        hostility (including conduct that is undertaken in whole or in 
        part, through the use of electronic messaging services, 
        commercial mobile services, electronic communications, or other 
        technology) that--
                    ``(I) is sufficiently severe, persistent, or 
                pervasive so as to limit a student's ability to 
                participate in or benefit from a program or activity at 
                an institution of higher education, or to create a 
                hostile or abusive educational environment at an 
                institution of higher education; and
                    ``(II) is based on a student's actual or 
                perceived--
                            ``(aa) race;
                            ``(bb) color;
                            ``(cc) national origin;
                            ``(dd) sex;
                            ``(ee) disability;
                            ``(ff) sexual orientation;
                            ``(gg) gender identity; or
                            ``(hh) religion.'';
            (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) a statement of policy regarding harassment, which 
shall include--
            ``(i) a prohibition of harassment of enrolled students by 
        other students, faculty, and staff--
                    ``(I) on campus;
                    ``(II) in noncampus buildings or on noncampus 
                property;
                    ``(III) on public property;
                    ``(IV) through the use of electronic mail addresses 
                issued by the institution of higher education;
                    ``(V) 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
                    ``(VI) 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 description of the institution's programs to 
        combat harassment, which shall be aimed at the prevention of 
        harassment;
            ``(iii) a description of the procedures that a student 
        should follow if an incident of harassment occurs; and
            ``(iv) a description of the procedures that the institution 
        will follow once an incident of harassment has been reported.
    ``(B) The statement of policy described in subparagraph (A) 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 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) Harassment.--The term ``harassment'' has the meaning 
        given the term in section 485(f)(6)(A) of the Higher Education 
        Act of 1965 (20 U.S.C. 1092(f)(6)(A)), as amended by section 2 
        of this Act.
            (3) 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 one or more of the types of harassment listed in 
section 485(f)(6)(A)(v)(II) of the Higher Education Act of 1965 (20 
U.S.C. 1092(f)(6)(A)(v)(II)), 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 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 in decreasing harassment and improving 
                tolerance; 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 Congress 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 
        best practices for combating harassment at institutions of 
        higher education. 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 2013 through 2018.

SEC. 4. EFFECT ON OTHER LAWS.

    Nothing in this Act shall be construed to invalidate or limit 
rights, remedies, procedures, or legal standards available to victims 
of discrimination 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.).
                                 <all>
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