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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5646 Enrolled Bill (ENR)]

        H.R.5646

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty-four

                                 An Act

 
  To amend the Higher Education Act of 1965 to require institutions of 
 higher education to disclose hazing incidents, 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 ``Stop Campus Hazing Act''.
SEC. 2. INCLUSION OF HAZING INCIDENTS IN ANNUAL SECURITY REPORTS.
    (a) Statistics on Hazing Incidents.--
        (1) In general.--Section 485(f)(1)(F) of the Higher Education 
    Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended--
            (A) in clause (i)(IX), by striking ``and'' after the 
        semicolon;
            (B) in clause (ii), by striking ``and'' after the 
        semicolon;
            (C) in clause (iii), by striking the period at the end and 
        inserting ``; and''; and
            (D) by adding at the end the following:
                ``(iv) of hazing incidents that were reported to campus 
            security authorities or local police agencies.''.
        (2) Compilation of hazing incidents.--Section 485(f)(7) of the 
    Higher Education Act of 1965 (20 U.S.C. 1092(f)(7)) is amended by 
    inserting after the second sentence the following: ``For hazing 
    incidents referred to in clause (iv) of paragraph (1)(F), such 
    statistics shall be compiled per each single hazing incident and in 
    accordance with the definition of the term `hazing' in paragraph 
    (6)(A)(vi), and if the same person or persons commit more than one 
    hazing act, and the time and place intervals separating each such 
    act are insignificant, such acts shall be reported as a single 
    hazing incident.''.
        (3) Beginning of compilation of hazing statistics.--Not later 
    than January 1 of the first year after the date of enactment of 
    this Act, each eligible institution participating in any program 
    under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
    et seq.), other than a foreign institution of higher education, 
    shall begin to collect statistics on hazing incidents for the 
    purpose of complying with clause (iv) of section 485(f)(1)(F) of 
    such Act, as added by paragraph (1) of this subsection.
        (4) Definition of hazing.--Section 485(f)(6)(A) of the Higher 
    Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)) is amended by 
    adding at the end the following:
        ``(vi) The term `hazing', for purposes of reporting statistics 
    on hazing incidents under paragraph (1)(F)(iv), means any 
    intentional, knowing, or reckless act committed by a person 
    (whether individually or in concert with other persons) against 
    another person or persons regardless of the willingness of such 
    other person or persons to participate, that--
            ``(I) is committed in the course of an initiation into, an 
        affiliation with, or the maintenance of membership in, a 
        student organization; and
            ``(II) causes or creates a risk, above the reasonable risk 
        encountered in the course of participation in the institution 
        of higher education or the organization (such as the physical 
        preparation necessary for participation in an athletic team), 
        of physical or psychological injury including--
                ``(aa) whipping, beating, striking, electronic 
            shocking, placing of a harmful substance on someone's body, 
            or similar activity;
                ``(bb) causing, coercing, or otherwise inducing sleep 
            deprivation, exposure to the elements, confinement in a 
            small space, extreme calisthenics, or other similar 
            activity;
                ``(cc) causing, coercing, or otherwise inducing another 
            person to consume food, liquid, alcohol, drugs, or other 
            substances;
                ``(dd) causing, coercing, or otherwise inducing another 
            person to perform sexual acts;
                ``(ee) any activity that places another person in 
            reasonable fear of bodily harm through the use of 
            threatening words or conduct;
                ``(ff) any activity against another person that 
            includes a criminal violation of local, State, Tribal, or 
            Federal law; and
                ``(gg) any activity that induces, causes, or requires 
            another person to perform a duty or task that involves a 
            criminal violation of local, State, Tribal, or Federal 
            law.''.
        (5) Definition of student organization.--Section 485(f)(6)(A) 
    of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)) is 
    further amended by adding at the end the following:
        ``(vii) The term `student organization', for purposes of 
    reporting under paragraph (1)(F)(iv) and paragraph (9)(A), means an 
    organization at an institution of higher education (such as a club, 
    society, association, varsity or junior varsity athletic team, club 
    sports team, fraternity, sorority, band, or student government) in 
    which two or more of the members are students enrolled at the 
    institution of higher education, whether or not the organization is 
    established or recognized by the institution.''.
    (b) Statement of Policy and Prevention Program on Hazing.--Section 
485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is 
amended by inserting after subparagraph (J) the following:
        ``(K) A statement of current policies relating to hazing (as 
    defined by the institution), how to report incidents of such 
    hazing, and the process used to investigate such incidents of 
    hazing, and information on applicable local, State, and Tribal laws 
    on hazing (as defined by such local, State, and Tribal laws).
        ``(L) A statement of policy regarding prevention and awareness 
    programs related to hazing (as defined by the institution) that 
    includes a description of research-informed campus-wide prevention 
    programs designed to reach students, staff, and faculty, which 
    includes--
            ``(i) the information referred to in subparagraph (K); and
            ``(ii) primary prevention strategies intended to stop 
        hazing before hazing occurs, which may include skill building 
        for bystander intervention, information about ethical 
        leadership, and the promotion of strategies for building group 
        cohesion without hazing.''.
    (c) Effective Date; Application.--The amendments made by this 
section shall--
        (1) take effect on the date that is 6 months after the date of 
    enactment of this Act; and
        (2) apply with respect to the annual security report required 
    under section 485(f)(1) of the Higher Education Act of 1965 (20 
    U.S.C. 1092(f)(1)) for the calendar year that is 2 years after such 
    date of enactment, including any data collected on or after such 
    effective date, and any subsequent report required under such 
    section.
SEC. 3. CAMPUS HAZING TRANSPARENCY REPORT.
    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) is further amended--
        (1) by redesignating paragraphs (9) through (18) as paragraphs 
    (10) through (19), respectively; and
        (2) by inserting after paragraph (8) the following:
    ``(9)(A) Each institution participating in any program under this 
title, other than a foreign institution of higher education, shall 
develop, in accordance with the institution's statement of policy 
relating to hazing under paragraph (1)(K), a report (which shall be 
referred to as the `Campus Hazing Transparency Report') summarizing 
findings concerning any student organization (except that this shall 
only apply to student organizations that are established or recognized 
by the institution) found to be in violation of an institution's 
standards of conduct relating to hazing, as defined by the institution, 
(hereinafter referred to in this paragraph as a `hazing violation') 
that requires the institution to--
        ``(i) beginning July 1, 2025, collect information with respect 
    to hazing incidents at the institution;
        ``(ii) not later than 12 months after the date of the enactment 
    of the Stop Campus Hazing Act, make the Campus Hazing Transparency 
    Report publicly available on the public website of the institution; 
    and
        ``(iii) not less frequently than 2 times each year, update the 
    Campus Hazing Transparency Report to include, for the period 
    beginning on the date on which the Report was last published and 
    ending on the date on which such update is submitted, each incident 
    involving a student organization for which a finding of 
    responsibility is issued relating to a hazing violation, 
    including--
            ``(I) the name of such student organization;
            ``(II) a general description of the violation that resulted 
        in a finding of responsibility, including whether the violation 
        involved the abuse or illegal use of alcohol or drugs, the 
        findings of the institution, and any sanctions placed on the 
        student organization by the institution, as applicable; and
            ``(III) the dates on which--
                ``(aa) the incident was alleged to have occurred;
                ``(bb) the investigation into the incident was 
            initiated;
                ``(cc) the investigation ended with a finding that a 
            hazing violation occurred; and
                ``(dd) the institution provided notice to the student 
            organization that the incident resulted in a hazing 
            violation.
    ``(B) The Campus Hazing Transparency Report may include--
        ``(i) to satisfy the requirements of this paragraph, 
    information that--
            ``(I) is included as part of a report published by the 
        institution; and
            ``(II) meets the requirements of the Campus Hazing 
        Transparency Report; and
        ``(ii) any additional information--
            ``(I) determined by the institution to be necessary; or
            ``(II) reported as required by State law.
    ``(C) The Campus Hazing Transparency Report shall not include any 
personally identifiable information, including any information that 
would reveal personally identifiable information, about any individual 
student in accordance with section 444 of the General Education 
Provisions Act (commonly known as the `Family Educational Rights and 
Privacy Act of 1974').
    ``(D) The institution shall publish, in a prominent location on the 
public website of the institution, the Campus Hazing Transparency 
Report, including--
        ``(i) a statement notifying the public of the annual 
    availability of statistics on hazing pursuant to the report 
    required under paragraph (1)(F), including a link to such report;
        ``(ii) information about the institution's policies relating to 
    hazing under paragraph (1)(K) and applicable local, State, and 
    Tribal laws on hazing; and
        ``(iii) the information included in each update required under 
    subparagraph (A)(iii), which shall be maintained for a period of 5 
    calendar years from the date of publication of such update.
    ``(E) The institution may include, as part of the publication of 
the Campus Hazing Transparency Report under subparagraph (D), a 
description of the purposes of, and differences between--
        ``(i) the report required under paragraph (1)(F); and
        ``(ii) the Campus Hazing Transparency Report required under 
    this paragraph.
    ``(F) For purposes of this paragraph, the definition of `campus' 
under paragraph (6)(A)(ii) shall not apply.
    ``(G) An institution described in subparagraph (A) is not required 
to--
        ``(i) develop the Campus Hazing Transparency Report under this 
    subsection until such institution has a finding of a hazing 
    violation; or
        ``(ii) update the Campus Hazing Transparency Report in 
    accordance with clause (iii) of subparagraph (A) for a period 
    described in such clause if such institution does not have a 
    finding of a hazing violation for such period.''.
SEC. 4. JEANNE CLERY CAMPUS SAFETY ACT.
    Paragraph (19) of section 485(f) of the Higher Education Act of 
1965 (20 U.S.C. 1092(f)(19)), as so redesignated, is amended by 
striking ``Jeanne Clery Disclosure of Campus Security Policy and Campus 
Crime Statistics Act'' and inserting ``Jeanne Clery Campus Safety 
Act''.
SEC. 5. RULE OF CONSTRUCTION.
    Nothing in this Act, or an amendment made by this Act, shall be 
construed to affect the rights (including remedies and procedures) 
available to persons under the First Amendment of the Constitution of 
the United States or rights to due process.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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