I 
117TH CONGRESS 
1ST SESSION H. R. 5342 
To prevent harassment at institutions of higher education, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2021 
Mr. POCAN (for himself, Mrs. AXNE, Mr. BLUMENAUER, Ms. BONAMICI, Ms. 
BROWNLEY, Ms. CRAIG, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. 
ESPAILLAT, Mr. GOTTHEIMER, Mrs. HAYES, Mr. HUFFMAN, Ms. KELLY 
of Illinois, Mr. KILMER, Mr. LANGEVIN, Mrs. CAROLYN B. MALONEY of 
New York, Ms. MCCOLLUM, Ms. MENG, Mr. MOULTON, Mr. PANETTA, 
Mr. PETERS, Ms. PINGREE, Mr. QUIGLEY, Mr. RASKIN, Ms. ROYBAL- 
ALLARD, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SIRES, Mr. SMITH of 
Washington, Mr. STANTON, Ms. STEVENS, Mr. SWALWELL, and Mrs. 
WATSON COLEMAN) introduced the following bill; which was referred to 
the Committee on Education and Labor 
A BILL 
To prevent harassment at institutions of higher education, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2021’’. 
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SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN-
FORMATION 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 in-
serting ‘‘DISCLOSURE OF CAMPUS SECURITY AND 
HARASSMENT POLICY AND CAMPUS CRIME STATIS-
TICS.’’; 
(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 fol-
lowing: 
‘‘(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, im-
ages, 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).’’; 
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(3) by redesignating paragraphs (9) through 
(18) as paragraphs (10) through (19), respectively; 
and 
(4) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9)(A) Each institution of higher education partici-
pating in any program under this title, other than a for-
eign institution of higher education, shall develop and dis-
tribute 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 orienta-
tion, gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, and 
a sex stereotype), 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 residen-
tial facilities for students on campus; 
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‘‘(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, op-
erated, or contracted for use by the institu-
tion of higher education or its agents; or 
‘‘(gg) during an activity sponsored by 
the institution of higher education or car-
ried 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 pro-
grams 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 harass-
ment occurs; and 
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‘‘(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 subpara-
graph (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 dis-
ciplinary proceedings in response to an allegation of 
harassment. 
‘‘(ii) Possible sanctions to be imposed following 
the final determination of an institutional discipli-
nary 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 
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receiving and tracking each report of harassment by 
a student, faculty, or staff member.’’. 
SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) an institution of higher education, in-
cluding an institution of higher education in a 
collaborative partnership with a nonprofit orga-
nization; 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 au-
thorized to award grants, on a competitive basis, to eligible 
entities to enable eligible entities to carry out the author-
ized 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 
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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 pro-
grams— 
(1) to prevent the harassment of students at in-
stitutions of higher education; 
(2) at institutions of higher education that pro-
vide 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 ad-
dress such harassment if it occurs. 
(e) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible entity shall submit an appli-
cation to the Secretary at such time, in such manner, and 
containing such information, as the Secretary may re-
quire. 
(f) DURATION; RENEWAL.—A grant under this sec-
tion shall be awarded for a period of not more than 3 
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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 enti-
ties 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
SEC-
RETARY.—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 activi-
ties 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 con-
ducted 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 pro-
vide to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on 
Education and Labor of the House of Representa-
tives a report that includes the following: 
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(A) The number and types of eligible enti-
ties 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 prac-
tices 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 2022 through 2027. 
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 
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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 Amend-
ments 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.). 
Æ 
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