S 859
112th CONGRESS
1st Session
S. 859
To prohibit sexual harassment by individuals administering
programs and activities receiving Federal assistance.
IN THE SENATE OF THE UNITED STATES
April 14, 2011
Mr. CASEY introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To prohibit sexual harassment by individuals administering
programs and activities receiving Federal assistance.
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 `Public Agency Accountability for Sexual
Harassment Act'.
SEC. 2. DEFINITIONS.
(1) ANY 1-YEAR PERIOD- The term `any 1-year period'--
(A) means a continuous period that commences not earlier than 12
months before the commission of an offense or that ends not later
than 12 months after the commission of the offense; and
(B) may include time both before and after the commission of the
offense.
(2) AGENT- The term `agent' means a person authorized to act on behalf
of another person or a government and, in the case of an organization
or government, includes a servant or employee, and a partner, director,
officer, manager, and representative.
(3) GOVERNMENT AGENCY- The term `government agency' means a subdivision
of the executive, legislative, or judicial branch, or another branch,
of government, including a department, independent establishment,
commission, administration, authority, board, and bureau, and a corporation
or other legal entity established, and subject to control, by a government
for the execution of a governmental or intergovernmental program or
activity.
(4) LOCAL- The term `local' means of or pertaining to a political
subdivision within a State.
(5) PROGRAM OR ACTIVITY- The term `program or activity' means all
of the operations of--
(A)(i) a department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) the entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(B)(i) an entire corporation, partnership, or other private organization,
or an entire sole proprietorship--
(I) if assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(II) which is principally engaged in the business of providing
health care, housing, social services, or parks and recreation;
or
(ii) the entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the
case of any other corporation, partnership, private organization,
or sole proprietorship; or
(C) any other entity which is established by 2 or more of the entities
described in subparagraph (A) or (B),
any part of which is extended Federal financial assistance.
(6) STATE- The term `State' includes a State of the United States,
the District of Columbia, and any commonwealth, territory, or possession
of the United States.
SEC. 3. SEXUAL HARASSMENT BY INDIVIDUALS ADMINISTERING PROGRAMS AND
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE.
(a) In General- An individual who is an agent of an organization or
government covered by subsection (b) and who administers a program or
activity, shall not commit sexual harassment, as defined under title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
(b) Circumstance- An organization or government described in this subsection
is an organization, or a State or local government, including any government
agency thereof, that receives, in any 1-year period, benefits in excess
of $5,000 from a program or activity.
(c) Organization Duties- An organization or a government covered by
subsection (b) shall terminate the agency relationship with an agent
described in subsection (a) who engages in sexual harassment prohibited
by such subsection.
(d) Disclosure- Any organization or government covered by subsection
(b) that enters into any settlement resulting from sexual harassment
prohibited under subsection (a) by an agent administering a program
or activity, shall disclose the settlement, and any fines, penalties,
damages, insurance premium increases, and other settlements resulting
from sexual harassment by such agent, to--
(1) any Federal department or agency with whom the organization has
an agreement for disbursing Federal financial assistance; and
(2) the Members of Congress representing each State in which the agent
administers the program or activity.
SEC. 4. ENFORCEMENT.
(a) In General- Each Federal department and agency that is empowered
to extend Federal financial assistance to any program or activity, by
way of grant, contract, subsidy, loan, guarantee, insurance, or other
form of Federal assistance, is authorized and directed to effectuate
the provisions of subsections (a) and (c) of section 3 with respect
to such program or activity by issuing rules, regulations, or orders
of general applicability which shall be consistent with achievement
of the objectives of the statute authorizing the financial assistance
in connection with which the action is taken. No such rule, regulation,
or order shall become effective unless and until approved by the President.
(1) VIOLATION BY AGENT- In order to effect compliance with any requirement
adopted pursuant to this section, an agent who violates section 3(a)
shall be liable to the Federal Government for a civil fine, notwithstanding
any other provision of law.
(2) VIOLATION BY ORGANIZATION OR GOVERNMENT-
(A) CIVIL FINE- In order to effect compliance with any requirement
adopted pursuant to this section, an organization or government
that violates section 3(c) shall be liable to the Federal Government
for a civil fine.
(B) TERMINATION OF PARTICIPATION- In the case of a violation of
section 3(c) by an organization or government, the department or
agency extending Federal financial assistance to the organization
or government shall effect compliance by terminating, or refusing
to grant or continue, assistance for such program or activity to
any recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply with
such requirement, but such termination or refusal shall be limited
to the particular political entity, or part thereof, or other recipient
as to whom such a finding has been made and, shall be limited in
its effect to the particular program or activity, or part thereof,
in which such noncompliance has been so found.
(3) OTHER MEANS- In addition to the actions described in paragraphs
(1) and (2), compliance with any requirement adopted pursuant to this
section shall be effected by any other means authorized by law.
(c) Process- No action under subsection (b) shall be taken until the
department or agency concerned has advised the appropriate person or
persons of the failure to comply with the requirement and has determined
that compliance cannot be secured by voluntary means. In the case of
any action terminating, or refusing to grant or continue, assistance
because of failure to comply with a requirement imposed pursuant to
this section, the head of the Federal department or agency shall file
with the committees of the House of Representatives and the Senate having
legislative jurisdiction over the program or activity involved a full
written report of the circumstances and the grounds for such action.
No such action shall become effective until thirty days have elapsed
after the filing of such report.
SEC. 5. STATE IMMUNITY.
(a) State Immunity- A State shall not be immune under the 11th Amendment
to the Constitution from suit in Federal court for a violation of this
Act.
(b) Waiver- A State's receipt or use of Federal financial assistance
for any program or activity of a State shall constitute a waiver of
sovereign immunity, under the 11th Amendment or otherwise, to any suit
brought for a violation of subsection (a) or (c) of section 3.
SEC. 6. RULES OF CONSTRUCTION.
(a) No Effect on Rights and Remedies for Sexual Harassment- Nothing
in this Act affects any right, obligation, or liability under title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other
law, in a case involving sexual harassment.
(b) No Duplication of Title IX- Nothing in this Act (except for subsection
(a)) shall be construed to apply to an organization or government described
in section 3(b), including an agent of such an organization or government,
if the organization or government is a recipient of Federal financial
assistance from a program or activity covered by title IX of the Education
Amendments of 1972.
END
