[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3381 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3381
To amend the Higher Education Act of 1965 to increase transparency and
reporting on campus sexual violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2019
Ms. Speier (for herself, Mr. Fitzpatrick, Ms. Kuster of New Hampshire,
Ms. Adams, Ms. Moore, Ms. Jackson Lee, Mr. Sherman, Mr. Tonko, Ms.
Schakowsky, Mrs. Dingell, Miss Rice of New York, Ms. Lee of California,
Mr. Aguilar, Ms. Castor of Florida, Ms. Brownley of California, Ms.
Wilson of Florida, Mr. Michael F. Doyle of Pennsylvania, Ms. Norton,
Ms. Frankel, Ms. DeLauro, Ms. Meng, Mr. Hastings, Ms. Roybal-Allard,
Mr. Swalwell of California, Mr. Cohen, Ms. Slotkin, Mr. Ryan, Ms. Clark
of Massachusetts, Mr. Lujan, Ms. Escobar, Ms. Titus, Ms. Pressley, Mr.
Cisneros, Mr. Deutch, Mr. Smith of Washington, and Ms. Velazquez)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to increase transparency and
reporting on campus sexual violence, 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 ``Hold Accountable and Lend
Transparency on Campus Sexual Violence Act'' or the ``HALT Campus
Sexual Violence Act''.
SEC. 2. DISCLOSURE OF ENFORCEMENT ACTIONS.
(a) Disclosure of Program Reviews and Open Investigations.--The
Department of Education Organization Act (20 U.S.C. 3401 et seq.) is
amended--
(1) in section 203(b) (20 U.S.C. 3413(b)), by adding at the
end the following new paragraphs:
``(3) The Assistant Secretary for Civil Rights shall make publicly
available on the Department's website a list of institutions under
investigation, the sanctions (if any) or findings issued pursuant to
such investigations, and a copy of program reviews and resolution
agreements, including voluntary resolution agreements, entered into
with the Secretary or Attorney General under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) or title IV of the Civil
Rights Act of 1964 (42 U.S.C. 2000c et seq.).
``(4) Not later than 30 days after the termination of the
resolution agreements described in paragraph (3), the Assistant
Secretary for Civil Rights shall transmit to the Secretary, the
President, and the Congress, and make publicly available on the
Department's website, the letter terminating the Department of
Education's monitoring of such agreements.''; and
(2) in section 205 (20 U.S.C. 3415), by adding at the end
the following new subsection:
``(c) The Assistant Secretary for Postsecondary Education shall
make publicly available on the Department's website a list of
institutions under investigation, the sanctions (if any) or findings
issued pursuant to such investigations, and a copy of program reviews
and resolution agreements entered into with the Secretary or Attorney
General under subsection 485(f) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)).''.
(b) Inspector General.--Not later than one year after the date of
enactment of this Act, the Inspector General of the Department of
Education shall submit to Congress and make publicly available a report
reviewing compliance with paragraphs (3) and (4) of section 203(b) of
the Department of Education Organization Act (20 U.S.C. 3413(b)) and
section 205(c) of such Act (20 U.S.C. 3415), as added by subsection
(a).
SEC. 3. DISCLOSURES OF REQUESTS FOR EXEMPTIONS UNDER TITLE IX.
Section 203(b) of the Department of Education Organization Act (20
U.S.C. 3413(b)) is further amended by adding at the end the following
new paragraph:
``(5) The Assistant Secretary for Civil Rights shall make
publicly available on the Department's website a list of
institutions that have requested to be exempt from title IX of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).''.
SEC. 4. AUTHORITY TO LEVY FINES.
Section 203(c) of the Department of Education Organization Act (20
U.S.C. 3413) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) to impose a civil penalty to be paid by an
institution of higher education that has violated a law under
the jurisdiction of the Office for Civil Rights, the amount of
which shall be determined by the gravity of the violation, and
the imposition of which shall not preclude other remedies
available under Federal law.''.
SEC. 5. CLIMATE SURVEYS.
Paragraph (1) of section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) is amended by adding at the end the following new
subparagraph:
``(K) Beginning 18 months after the date of enactment of
the HALT Campus Sexual Violence Act, statistics based upon a
sexual violence climate survey conducted not later than one
year after such date of enactment, and conducted, reviewed, and
updated every 2 years thereafter--
``(i) which is developed and approved by the
Secretary, in consultation with the Director of the
Centers for Disease Control of the Department of Health
and Human Services and the Attorney General, except
that the National Intimate Partner and Sexual Violence
Survey developed by the National Center for Injury
Prevention and Control of the Centers for Disease
Control and Prevention may be used for purposes of this
subparagraph until the sexual violence climate survey
has been developed;
``(ii) which assesses the occurrence on campus or
in a noncampus building or property during the
preceding calendar year for which data is available
of--
``(I) instances of domestic violence,
dating violence, sexual assault, sexual
violence, sexual harassment, and stalking;
``(II) whether the instances described in
subclause (I) were experienced in-person or
through electronic means;
``(III) indicators of discrimination, and
positive and negative trends for intimate
relationships that incorporates information
about gender identity and sexual orientation;
``(IV) the effectiveness of campus sexual
violence awareness and prevention programs and
policies for the overall student body and
different student populations, such as students
of color, students in the LGBTQ communities,
immigrant students, pregnant and parenting
students, and students with disabilities;
``(V) the effectiveness of current
processes for complaints on and investigations
into sex-based, race-based, national origin-
based, sexual orientation-based, gender
identity-based, and disability-based
harassment, assault, discrimination, domestic
violence, dating violence, and stalking;
``(VI) student's awareness of campus
policies and procedures, including the location
and process for accessing campus resources such
as the title IX coordinator designated by the
institution pursuant to title IX of the
Education Amendments of 1972;
``(VII) whether individuals impacted by
sexual harassment, sexual violence,
discrimination, domestic violence, dating
violence, and stalking have experienced
negative effects on their education, including
diminished grades, dropped classes, leaves of
absence;
``(VIII) whether individuals impacted by
sexual harassment, sexual violence,
discrimination, domestic violence, dating
violence, and stalking have experienced
negative financial consequences, including
costs associated with loss in paid tuition due
to leaves of absence, loss in scholarship
awards due to diminished grades, counseling,
medical services, or housing changes;
``(IX) what training is being provided to
faculty and staff on policies and procedures
pertaining to sexual harassment, sexual
violence, discrimination, domestic violence,
dating violence, and stalking, including best
practices in prevention;
``(X) whether the perpetrator of sexual
harassment, sexual violence, discrimination,
domestic violence, dating violence, and
stalking was a student and other contextual
factors, such as whether force, incapacitation,
or coercion was involved;
``(XI) whether individuals impacted by
sexual harassment, sexual violence,
discrimination, domestic violence, dating
violence, and stalking reported such sexual
harassment, sexual violence, discrimination,
domestic violence, dating violence, and
stalking;
``(XII) if such an individual did so
report, to whom they reported, and what
response the survivor received;
``(XIII) if such an individual reported to
the institution of higher education, did the
institution conduct an investigation and how
long did the investigation take;
``(XIV) campus community members', such as
students, full-time and part-time staff and
faculty, and administration officials,
attitudes toward sexual violence and
harassment, including individuals' willingness
to intervene as a bystander of sex-based, race-
based, national origin-based, sexual
orientation-based, gender identity-based, and
disability-based discrimination, harassment,
assault, domestic violence, dating violence,
and stalking;
``(XV) campus community members', such as
students, full-time and part-time staff and
faculty, and administration officials,
perception of campus safety and confidence in
the institution's ability to appropriately
address sex-based, race-based, national origin-
based, sexual orientation-based, gender
identity-based, and disability-based
discrimination, harassment, assault, domestic
violence, dating violence, and stalking; and
``(XVI) any other issues relating to sex-
based, race-based, national origin-based,
sexual orientation-based, gender identity-
based, and disability-based discrimination,
harassment, assault, domestic violence, dating
violence, and stalking, as appropriate; and
``(iii) which shall be made publicly available and
readily accessible to and usable by individuals,
including individuals with disabilities, on the
institution's website, including on webpages directed
at prospective and current students.''.
SEC. 6. CREATION OF A PRIVATE RIGHT OF ACTION.
Section 485(f)(14) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(14)) is amended to read as follows:
``(14)(A) Subject to subparagraph (C), an aggrieved individual may
allege a violation of this subsection in a judicial proceeding. A court
may award an aggrieved individual all appropriate relief, including
equitable relief, compensatory damages, cost of the action, and
remedial action.
``(B) This paragraph shall not be construed to preclude an
aggrieved individual from obtaining other remedies under any other
provision of law or to require such individual to exhaust any
administrative complaint process or notice-of-claim requirement before
seeking redress under this paragraph.
``(C) For actions brought pursuant to this paragraph, the statute
of limitations period shall be determined in accordance with section
1658(a) of title 28, United States Code. The tolling of any such
limitations period shall be determined in accordance with section 1979
of the Revised Statutes of the United States (42 U.S.C. 1983) in the
forum State.''.
SEC. 7. INCREASE OF CLERY ACT PENALTIES.
Section 485(f)(13) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(13)) is amended--
(1) by striking ``in the same amount and''; and
(2) by inserting before the period at the end the
following: ``, expect that such section shall be applied by
substituting `$100,000' for `$25,000'''.
SEC. 8. NOTIFICATION OF POLICIES AIMED AT PREVENTION OF SEXUAL
VIOLENCE.
(a) In General.--Paragraph (8) of section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)) is amended by adding at the
end the following new subparagraphs:
``(D) The statement of policy described in subparagraph (A) shall
be--
``(i) written using simple and understandable language and
clear formatting; and
``(ii) made widely available and posted on the
institution's public website in a manner that is readily
accessible to and usable by individuals, including individuals
with disabilities, and in conspicuous places, including places
in and around student housing, residence halls, student health
centers, student recreation centers, the main student center on
campus, academic buildings, libraries, and athletic facilities,
where students congregate and are likely to see it.
``(E) The statement of policy described in subparagraph (A) shall
be provided, on an annual basis, to each student group, student team,
or student organization which is part of such institution, is
recognized by the institution, or permitted by the institution to use
its name or facilities or is known by the institution to act as an
unaffiliated student group, student team, or student organization, and
each institution of higher education described in subparagraph (A)
shall ensure that each such group, team, or organization distributes a
copy of such policy to each of its members as well as each of its
applicants for membership, including plebes, pledges, or similar
applicants.
``(F) An institution's compliance with subparagraph (E) with
respect to an unaffiliated student group, student team, or student
organization shall not constitute evidence of the institution's
recognition or endorsement of such unaffiliated group, team, or
organization.''.
(b) Comptroller General Review.--Not later than August 1, 2021, the
Comptroller General shall report to the Committee on Education and
Labor of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate on--
(1) the implementation of section 485(f)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(8)), as amended by
subsection (a), including--
(A) the extent to which institutions of higher
education have developed the statement of policy
required under subparagraph (A) of such section;
(B) how institutions of higher education are--
(i) distributing such statement of policy;
and
(ii) determining whether the policy is
received and understood by students; and
(C) the Secretary of Education's oversight of the
compliance of institutions of higher education with
respect to the statement of policy requirements under
such section, including efforts, in consultation with
the Attorney General, to provide technical assistance
to institutions of higher education in complying with
such requirements; and
(2) any changes in the numbers of dating violence, domestic
violence, sexual assault, or stalking incidents reported to
campus security authorities or local police agencies as
indicated by the annual security reports distributed under
section 485(f)(1) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)(1)) or the climate survey established in Section
4 of this Act.
SEC. 9. CAMPUS SEXUAL VIOLENCE TASK FORCE.
(a) Campus Sexual Violence Task Force.--Not later than September 1,
2021, the Secretary of Education, the Secretary of Health and Human
Services, and the Attorney General shall establish a joint interagency
task force to be known as the ``Campus Sexual Violence Task Force''
that shall--
(1) provide pertinent information to the Secretary of
Education, Attorney General, Congress, and the public with
respect to campus sexual violence prevention, investigations,
and responses, including the creation of consistent, public
complaint processes for violations of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and section 485(f)
of the Higher Education Act of 1965 (20 U.S.C. 1092(f));
(2) provide recommendations to institutions of higher
education for establishing sexual assault prevention and
response teams;
(3) develop recommendations for institutions of higher
education on providing survivor resources, including
healthcare, sexual assault kits, sexual assault nurse
examiners, culturally responsive and inclusive standards of
care, trauma-informed services, and access to confidential
advocacy and support services;
(4) develop recommendations in conjunction with student
groups at greater statistical risk of perpetuating rape culture
such as fraternities and athletic departments for best
practices for responses and prevention with respect to sexual
violence and dating violence for educational institutions,
taking into consideration an institution's size and resources;
(5) develop recommendations on culturally responsive and
inclusive approaches to supporting survivors, which include
consideration of race, ethnicity, national origin, immigrant
status, gender identity, sexual orientation, ability, socio-
economic status, exposure to trauma, and other compounding
factors;
(6) solicit periodic input from a diverse group of
survivors, trauma specialists, advocates from national, State,
and local anti-sexual violence advocacy organizations,
institutions of higher education, and other public
stakeholders;
(7) assess the Department of Education's ability under
section 902 of the Education Amendments of 1972 (20 U.S.C.
1682) to levy intermediate fines for noncompliance with title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
and the advisability of additional remedies for such
noncompliance, in addition to the remedies already available
under Federal law; and
(8) create a plan described in subsection (c).
(b) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of a component of any Federal agency
that is funded under the Violence Against Women Act of 1994 (42
U.S.C. 13925 et seq.) may detail an officer or employee of such
component to the Campus Sexual Violence Task Force or to the
Secretary of Education to assist the Task Force with the duties
described in subsection (a), as jointly agreed to by the head
of such component and the Task Force.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(c) Additional Plan.--Not later than 90 days after the date on
which the Campus Sexual Violence Task Force is established under
subsection (a), the Task Force shall submit to Congress a plan for
recruiting, retaining, and training a highly-qualified workforce
employed by the Department of Education to carry out investigation of
complaints alleging a violation of title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.) or section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)), and enforcement of such
title IX (20 U.S.C. 1681 et seq.) or such section 485(f) (20 U.S.C.
1092(f)), with respect to campus sexual violence. Such plan shall
include--
(1) an assessment of the capabilities of the current
workforce carrying out such investigation and enforcement;
(2) an examination of issues of recruiting, retention, and
the professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation for the purpose of ensuring the Department of
Education has the capacity, in both personnel and skills,
needed to properly perform its mission and provide adequate
oversight of educational institutions;
(3) an assessment of the benefits of outreach and training
with both law enforcement agencies and institutions of higher
education with respect to such workforce;
(4) an examination of best practices for making
institutions of higher education aware of the most effective
campus sexual violence prevention, investigation, and response
practices and identifying areas where more research should be
conducted; and
(5) strategies for addressing such other matters as the
Secretary of Education considers necessary to campus sexual
violence prevention, investigation, and responses.
(d) Annual Report.--The Campus Sexual Violence Task Force shall
report to Congress on an annual basis, and make publicly available, a
report of its activities and any update of the plan required under
subsection (c), including the number of complaints received regarding
sexual violence (including violence on the basis of sexual orientation
and gender identity), the number of open investigations, the average
time to complete an investigation, the number of investigations
initiated based on complaints, and the number of investigations
initiated by the Department of Education.
(e) Authorization of Appropriations.--
(1) Title ix of the education amendments of 1972.--There
are authorized to be appropriated for training, hiring, and
retaining a workforce exclusively dedicated to investigation
and enforcement of title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) provisions with respect to sexual
violence, for fiscal year 2021 and each of the 4 succeeding
fiscal years, an amount that is equal to the sum of the amounts
appropriated for such purpose for fiscal year 2020 plus
$5,000,000.
(2) Section 485(f) of the higher education act of 1965.--
There is authorized to be appropriated for training, hiring,
and retaining a workforce exclusively dedicated to
investigation and enforcement of section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)), for fiscal year 2021
and each of the 4 succeeding fiscal years, an amount that is
equal to the sum of the amounts appropriated for such purpose
for fiscal year 2020 plus $5,000,000.
(f) Definitions.--In this section:
(1) The term ``educational institution'' includes an
institution of higher education, an elementary school, or a
secondary school.
(2) The terms ``elementary school'' and ``secondary
school'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(4) The term ``sexual assault'' has the meaning of an
offense that meets the definition of rape, fondling, incest, or
statutory rape under--
(A) the Uniform Crime Report of the Federal Bureau
of Investigation; and
(B) the final regulations published by the
Department of Education in the Federal Register on
October 20, 2014, for Appendix A of subpart D of part
668, Code of Federal Regulations (79 Fed. Reg. 62752).
SEC. 10. CONFORMING AMENDMENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) in paragraph (1)(F)(i)(II), by striking ``sex offenses,
forcible or nonforcible'' and inserting ``sexual assault''; and
(2) by amending paragraph (6)(A)(v) to read as follows:
``(v) The term `sexual assault' has the meaning of an
offense that meets the definition of rape, fondling, incest, or
statutory rape under--
``(I) the Uniform Crime Report of the Federal
Bureau of Investigation; and
``(II) the final regulations published by the
Department of Education in the Federal Register on
October 20, 2014, for Appendix A of subpart D of part
668, Code of Federal Regulations (79 Fed. Reg.
62752).''.
<all>
HALT Campus Sexual Violence Act
#3381 | HR Congress #116
Policy Area: Education
Subjects: Advisory bodiesAssault and harassment offensesCivil actions and liabilityCongressional oversightConsumer affairsCrime preventionCrime victimsCriminal investigation, prosecution, interrogationCriminal justice information and recordsDisability and health-based discriminationDomestic violence and child abuseEducation programs fundingExecutive agency funding and structureGovernment employee pay, benefits, personnel managementGovernment information and archivesHigher educationRacial and ethnic relationsSchool administrationSex offenses
Last Action: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (7/30/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text