1. Short title This Act may be cited as the Tyler Clementi Higher Education Anti-Harassment Act of 2023 . 2. Institutional and financial assistance information 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 inserting Disclosure of Campus Security and Harassment Policy and Campus Crime Statistics. ; (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 following: (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, images, 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 ). ; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute 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 orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, a sex stereotype, and sex characteristics, including intersex traits), 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