[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6464 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6464

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 23, 2018

Ms. Speier (for herself, Mr. Poe of Texas, Ms. Kuster of New Hampshire, 
and Mr. Fitzpatrick) 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 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 January 1, 2019, 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. 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. 4. 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 October 1, 2020, statistics based upon a 
        sexual violence climate survey conducted not later than April 
        1, 2019, and 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, 
                        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 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 violence, discrimination, domestic 
                        violence, dating violence, and stalking have 
                        experienced negative financial consequences, 
                        including costs associated with counseling, 
                        medical services, or housing changes; and
                            ``(IX) 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 
                easily accessible on the institution's website, 
                including on webpages directed at prospective and 
                current students.''.

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: ``, expect 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 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, 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, 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, 2020, the 
Comptroller General 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), 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 of 
        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. 8. CAMPUS SEXUAL VIOLENCE TASK FORCE.

    (a) Campus Sexual Violence Task Force.--Not later than September 1, 
2020, 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 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));
            (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, rape kits, sexual assault nurse examiners, 
        culturally responsive and inclusive standards of care, and 
        access to confidential advocacy and support services;
            (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) develop recommendations on intersectional approaches to 
        supporting survivors and the response to and prevention of 
        sexual violence that consider the intersections of race, 
        ethnicity, gender identity, sexual orientation, ability, socio-
        economic status, exposure to trauma, and other compounding 
        factors;
            (6) solicit input from a diverse group of survivors, 
        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 an element of any Federal agency 
        is 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 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 2019 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 2018 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 2019 
        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 2018 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. 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 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).''.
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