I 
113TH CONGRESS 
1ST SESSION 
H. R. 482 
To prevent harassment at institutions of higher education, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2013 
Mr. HOLT (for himself, Mr. CAPUANO, Mrs. DAVIS of California, Mr. 
MCDERMOTT, Ms. CHU, Mr. LARSEN of Washington, Ms. BONAMICI, Ms. 
SCHWARTZ, Ms. LEE of California, Mr. ELLISON, Mr. SCHIFF, Mr. HAS-
TINGS of Florida, Mr. SIRES, Ms. SHEA-PORTER, Mr. PASCRELL, Mr. 
HONDA, Mr. PALLONE, Mr. PAYNE, Ms. HAHN, Mr. DOYLE, Mr. GRI-
JALVA, Mr. POCAN, and Ms. MENG) introduced the following bill; which 
was referred to the Committee on Education and the Workforce 
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 2013’’. 
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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 (ii) and (iii) 
as clauses (vi) and (vii), respectively; and 
(B) by inserting after clause (i) the fol-
lowing: 
‘‘(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, im-
ages, 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). 
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‘‘(v) The term ‘harassment’ means conduct, in-
cluding acts of verbal, nonverbal, or physical aggres-
sion, intimidation, or hostility (including conduct 
that is undertaken in whole or in part, through the 
use of electronic messaging services, commercial mo-
bile 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 ac-
tivity at an institution of higher education, or 
to create a hostile or abusive educational envi-
ronment at an institution of higher education; 
and 
‘‘(II) is based on a student’s actual or per-
ceived— 
‘‘(aa) race; 
‘‘(bb) color; 
‘‘(cc) national origin; 
‘‘(dd) sex; 
‘‘(ee) disability; 
‘‘(ff) sexual orientation; 
‘‘(gg) gender identity; or 
‘‘(hh) religion.’’; 
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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) 
a statement of policy regarding harassment, which shall 
include— 
‘‘(i) a prohibition of harassment of enrolled stu-
dents by other students, faculty, and staff— 
‘‘(I) on campus; 
‘‘(II) in noncampus buildings or on non-
campus 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 tele-
communications service, owned, operated, or 
contracted for use by the institution of higher 
education or its agents; or 
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‘‘(iii) Notification of existing counseling, mental 
health, or student services for victims or perpetra-
tors of harassment, both on campus and in the com-
munity. 
‘‘(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 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) 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. 
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(3) 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 
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 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 
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(3) that educate or train students, faculty, or 
staff of institutions of higher education about ways 
to prevent harassment or ways to address such har-
assment 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 
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 
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pursuant to this section in decreasing harass-
ment and improving tolerance; 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 Congress a report that includes the following: 
(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 best practices for com-
bating harassment at institutions of higher edu-
cation. The report shall be made available to all in-
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stitutions 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 2014 through 2019. 
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 Fed-
eral 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 Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.). 
Æ 
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