Title: Exposing Discrimination in Higher Education Act
Policy area: Education

Summary:
Exposing Discrimination in Higher Education Act
This bill requires the Department of Education's Office for Civil Rights to publish prominently on its website the names of the institutions of higher education (IHEs) that request, and the names of the IHEs that receive, religious exemptions from the prohibition on sex discrimination in federally funded education programs and activities.
It also requires an IHE that requests, receives, exercises, or intends to exercise such a religious exemption to publish prominently on its website certain information with respect to such exemption.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4751 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4751

 To amend the Department of Education Organization Act and the Higher 
Education Act of 1965 to require publication of information relating to 
 religious exemptions to the requirements of title IX of the Education 
              Amendments of 1972, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2021

  Ms. Clark of Massachusetts (for herself, Mr. Pappas, Ms. Davids of 
    Kansas, and Mr. Jones) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend the Department of Education Organization Act and the Higher 
Education Act of 1965 to require publication of information relating to 
 religious exemptions to the requirements of title IX of the Education 
              Amendments of 1972, 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 ``Exposing Discrimination in Higher 
Education Act''.

SEC. 2. PUBLICATION ON WEBSITE OF THE DEPARTMENT OF EDUCATION.

    Section 203 of the Department of Education Organization Act (20 
U.S.C. 3413) is amended by adding at the end the following:
    ``(d) The Assistant Secretary for Civil Rights shall publish, on 
the Department's website, in a prominent location, information 
regarding religious exemptions to the requirements of title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in accord with 
this paragraph. Such information shall include a list naming each 
institution of higher education that requests such an exemption, the 
name of each such institution that has received an exemption, and the 
nature and scope of that exemption (including each program or activity 
covered by the exemption and the personal characteristics or behaviors 
to which the exemption applies).''.

SEC. 3. PUBLICATION ON WEBSITE OF EACH INSTITUTION OF HIGHER EDUCATION.

    Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is 
amended by adding at the end the following:
    ``(n) Disclosure of Religious Exemptions to Title IX of the 
Education Amendments of 1972.--Each institution of higher education 
participating in any program under this title that requests, receives, 
or exercises or intends to exercise a religious exemption to the 
requirements of title IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.) shall submit in writing to the Assistant Secretary a 
statement by the highest ranking official of the institution, 
identifying the provisions of part 106 of title 34 of the Code of 
Federal Regulations that conflict with a specific tenet of the 
religious organization and shall publish on its website, in a prominent 
location, the following:
            ``(1) Request letter.--Each letter submitted by the 
        educational institution to the Department to request such an 
        exemption.
            ``(2) Exemption letter.--Each letter from the Department to 
        the educational institution that grants or denies such an 
        exemption.
            ``(3) Notice of request.--Notice that the educational 
        institution has requested an exemption under section 901(a)(3) 
        of the Education Amendments of 1972 (20 U.S.C. 1681(a)(3)).
            ``(4) Notice of exemption.--If applicable, notice that the 
        educational institution has received an exemption under section 
        901(a)(3) of the Education Amendments of 1972 (20 U.S.C. 
        1681(a)(3)).
            ``(5) Covered personal characteristics or behaviors.--A 
        list of the personal characteristics or behaviors to which each 
        requested or granted exemption applies.
            ``(6) Covered activities or programs.--A list of the 
        activities or programs to which each exemption applies.
            ``(7) Statement of rights.--The statement `Students 
        continue to have rights under title IX of the Education 
        Amendments of 1972. Any student who experiences discrimination 
        may contact the Office for Civil Rights at the United States 
        Department of Education at _____ or _____.', with the first 
        blank space being filled with a link to the website of the 
        Office for Civil Rights and the second blank space being filled 
        with the telephone number of the Office for Civil Rights.''.
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