[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5269 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5269

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

                             July 30, 2014

Ms. Speier (for herself, Mr. Meehan, Ms. Lee of California, Ms. Jackson 
Lee, Ms. Norton, and Ms. Chu) introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, 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 is amended--
            (1) in section 203(b) (20 U.S.C. 3413(b)) by adding at the 
        end the following:
            ``(3) The Assistant Secretary for Civil Rights shall make 
        publicly available on the Department's website, a list of 
        institutions under investigation, and a copy of program reviews 
        and 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:
    ``(c) The Assistant Secretary for Postsecondary Education shall 
make publicly available on the Department's website, a list of 
institutions under investigation, and a copy of the program reviews, 
fines levied, 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.--No later than January 1, 2016, the 
Inspector General of the Department of Education shall submit to 
Congress and make publicly available, a report reviewing compliance of 
sections (3) and (4) of section 203(b) and section 205(c) of the 
Department of Education Organization Act (20 U.S.C. 3413(b); 2415), as 
added by subsection (a) of this section.

SEC. 3. AUTHORITY TO LEVY FINES.

    Section 203(c) of the Department of Education Organization Act 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:
            ``(5) to impose a civil penalty to be paid by 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. 4. CLIMATE SURVEYS.

    Paragraph (1) of section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is further amended by adding at the end the 
following:
                    ``(K) Beginning October 1, 2016, statistics based 
                upon a sexual violence climate survey conducted not 
                later than April 1, 2015, and every year 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; and
                            ``(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, and stalking;
                                    ``(II) indicators of 
                                discrimination, and positive and 
                                negative trends for intimate 
                                relationships regardless of gender or 
                                sexual orientation;
                                    ``(III) the effectiveness of campus 
                                policies designed to improve 
                                relationships between students 
                                regardless of gender or sexual 
                                orientation;
                                    ``(IV) 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;
                                    ``(V) perpetration of domestic 
                                violence, dating violence, sexual 
                                assault, and stalking; and
                                    ``(VI) 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 assault, as 
                                appropriate.''.

SEC. 5. 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. 6. 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: ``, except that such section shall be applied by 
        substituting `$100,000' for `$25,000'''.

SEC. 7. 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 end 
the following:
                    ``(D) The policy described in subparagraph (A) 
                shall be--
                            ``(i) using simple and understandable 
                        language and clear formatting; and
                            ``(ii) made available and posted on the 
                        institution's public website, and in 
                        conspicuous places in and around student 
                        housing, dormitories, and academic buildings 
                        where students are likely to see it.
                    ``(E) The 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, plebes, 
                pledges, or applicants for membership.
                    ``(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 Review.--Not later than August 1, 2016, the 
Comptroller General of the United States shall report to the Committee 
on Education and the Workforce 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) of this section, including--
                    (A) the extent to which institutions of higher 
                education have developed the statement of policy 
                required under subparagraph (A) of such section 
                485(f)(8) (20 U.S.C. 1092(f)(8));
                    (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 485(f)(8) (20 U.S.C. 1092(f)(8)), 
                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 sex offenses, sexual 
        assaults, domestic violence, dating violence, sexual assault or 
        stalking incidents reported to campus security authorities or 
        local police agencies as indicated by the annual security 
        reports distributed under paragraph (1) of section 485(f) of 
        the Higher Education Act of 1965 (20 U.S.C. 1092(f)).

SEC. 8. CAMPUS SEXUAL VIOLENCE TASK FORCE.

    (a) Campus Sexual Violence Task Force.--Not later than 180 days 
after the date of enactment of this Act, the Secretary of Education and 
the Attorney General shall create 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 a 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) et 
        seq.);
            (2) provide guidance 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, rape kits, sexual assault nurse examiners, and 
        confidential advocates on campus;
            (4) develop recommendations for best practices for 
        responses and prevention with respect to sexual violence for 
        educational institutions, taking into consideration an 
        institution's size and resources;
            (5) solicit input from survivors, advocates, institutions 
        of higher education, and other public stakeholders;
            (6) review the Department of Education's authority 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
            (7) create a plan described in subsection (c).
    (b) Personnel Details.--
            (1) Authority to detail.--Notwithstanding any other 
        provision of law, the head of an element 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 
        element 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 element 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 270 days after the date of 
enactment of this Act, the Campus Sexual Violence 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) developing best practices for interviewing and 
        investigating sexual violence, including guidance on 
        evidentiary standards for administrative responses;
            (5) 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
            (6) 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) (20 U.S.C. 1092(f)), 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 2015 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 2014 plus 
        $5,000,000.
            (2) Section 485(f) of the higher education act of 1965.--
        There are 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 2015 
        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 2014 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'' means 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 proposed regulations published by the 
                Department of Education in the Federal Register on June 
                20, 2014, for appendix A of subpart D of part 668, Code 
                of Federal Regulations (79 Fed. Reg. 35461).

SEC. 9. 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 proposed regulations 
                                published by the Department of 
                                Education in the Federal Register on 
                                June 20, 2014, for appendix A of 
                                subpart D of part 668, Code of Federal 
                                Regulations (79 Fed. Reg. 35461).''.
                                 <all>