I 

108TH CONGRESS 

2D SESSION H. R. 4313 

To direct the Secretary of Education to provide grants to States to establish 

and carry out or continue to carry out antiharassment programs. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2004 

Mr. NADLER (for himself, Ms. LINDA T. SA ́NCHEZ of California, Mr. FRANK

of Massachusetts, Mr. FROST, Ms. KAPTUR, Mr. MCGOVERN, Ms. 

DELAURO, Mr. GRIJALVA, Mr. RUSH, and Ms. BALDWIN) introduced the 

following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To direct the Secretary of Education to provide grants to 

States to establish and carry out or continue to carry 

out antiharassment programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Antibullying Campaign 

5 Act of 2004’’. 

6 SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS. 

7 (a) GRANTS.—The Secretary of Education shall pro8 vide a grant to each State that submits an application in 
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1 accordance with subsection (c) to enable the State to es2 tablish and carry out or continue to carry out an 

3 antiharassment program as described in subsection (b). 

4 (b) PROGRAM DESCRIBED.—An antiharassment pro5 gram referred to in subsection (a) is a program that pro6 hibits harassment in public schools and on public school 

7 grounds for any reason, including reasons based on an in8 dividual’s actual or perceived race, color, national origin, 

9 ethnicity, religion, disability, sexual orientation, gender, 

10 gender identity or expression, family composition or cir11 cumstance, or economic circumstance. 

12 (c) APPLICATION.— 

13 (1) IN GENERAL.—The Secretary may not 

14 make a grant to a State under this section unless 

15 the State submits to the Secretary an application 

16 that contains detailed information about the State’s 

17 existing or proposed antiharassment program. Such 

18 information shall include— 

19 (A) the State’s existing or proposed prohi20 bition on harassment; 

21 (B) the State’s existing or proposed defini22 tion of harassment and any other relevant 

23 terms; and 
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1 (C) a budget for the antiharassment pro2 gram, including a detailed description of how 

3 amounts received under the grant will be spent. 

4 (2) APPLICATION REVIEW AND APPROVAL.— 

5 (A) IN GENERAL.—Not later than 30 days 

6 after the date of submission of the State’s ap7 plication, the Secretary shall review and ap8 prove or disapprove the application. 

9 (B) APPROVAL.—Not later than 30 days 

10 after the date on which the Secretary approves 

11 the State’s application, the Secretary shall pro12 vide a grant to the State. 

13 (C) DISAPPROVAL.—Not later than 30 

14 days after the date on which the Secretary dis15 approves the State’s application, the Secretary 

16 shall inform the State in writing as to the rea17 sons why the application was disapproved and 

18 what the State may do to correct the applica19 tion and receive the Secretary’s approval. 

20 (d) MATCHING FUNDS.—The Secretary may not 

21 make a grant to a State under this section unless the 

22 State agrees that it will contribute from non-Federal 

23 sources an amount equal to not less than 50 percent of 

24 the amount received under the grant to carry out the 

25 antiharassment program described in subsection (b). 
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1 SEC. 3. STUDY AND REPORT. 

2 (a) STUDY.—The Secretary of Education shall con3 duct a study concerning harassment in public schools in 

4 the United States. The findings of the study shall in5 clude— 

6 (1) the number of students who are harassed; 

7 (2) the demographics of those students who are 

8 harassed, including— 

9 (A) the number of students who are har10 assed by gender; and 

11 (B) the number of students who harass 

12 others by gender; 

13 (3) the type of harassment to which students 

14 are subjected; 

15 (4) the number of States that have comprehen16 sive campaigns to combat harassment; and 

17 (5) the amount of funds each State expends on 

18 antiharassment programs each year. 

19 (b) REPORT.—Not later than one year after the date 

20 of the enactment of this Act, and annually thereafter for 

21 3 years, the Secretary shall submit to Congress a report 

22 that contains the findings and an analysis of the study. 

23 SEC. 4. DEFINITIONS. 

24 In this Act: 

25 (1) HARASSMENT.—The term ‘‘harassment’’ 

26 means the creation of a hostile environment by con-
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1 duct or by verbal threats, taunting, intimidation or 

2 physical or emotional abuse. 

3 (2) SCHOOL.—The term ‘‘school’’ means an ele4 mentary school or secondary school as those terms 

5 are defined in section 9101 of the Elementary and 

6 Secondary Education Act of 1965 (20 U.S.C. 7801). 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Education. 

9 (4) STATE.—The term ‘‘State’’ includes the 

10 several States, the District of Columbia, the Com11 monwealth of Puerto Rico, the Commonwealth of the 

12 Northern Mariana Islands, American Samoa, Guam, 

13 the Virgin Islands, and any other territory or posses14 sion of the United States. 

15 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There are authorized to be appro17 priated to carry out this Act $75,000,000 for each of fiscal 

18 years 2005 through 2008. 

19 (b) AVAILABILITY.—Amounts authorized to be appro20 priated by subsection (a) are authorized to remain avail21 able until September 30, 2008. 

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