[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5047 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5047

    To amend the Higher Education Act of 1965 and the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act to 
         combat campus sexual assault, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2022

   Mrs. Gillibrand (for herself, Mr. Grassley, Mrs. Feinstein, Mrs. 
Capito, Ms. Klobuchar, Mr. Rubio, Mr. Warner, Ms. Ernst, Mr. Reed, and 
  Ms. Hassan) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To amend the Higher Education Act of 1965 and the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act to 
         combat campus sexual assault, 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 ``Campus Accountability and Safety 
Act''.

SEC. 2. AMENDMENTS TO THE CLERY ACT.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) (known as the Jeanne Clery Disclosure of Campus Security 
Policy and Campus Crime Statistics Act) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``which shall include, at a 
                minimum, publication in an easily accessible manner on 
                the website of the institution,'' after ``through 
                appropriate publications or mailings,'';
                    (B) in subparagraph (C), by striking clause (ii) 
                and inserting the following:
                            ``(ii) if applicable, any memorandum of 
                        understanding between the institution and law 
                        enforcement, or a description of the working 
                        relationship between the institution, campus 
                        security personnel, or campus law enforcement 
                        and State or local law enforcement agencies; 
                        and'';
                    (C) in subparagraph (F)--
                            (i) in clause (i)--
                                    (I) by redesignating subclauses 
                                (III) through (IX) as subclauses (VI) 
                                through (XII); and
                                    (II) by striking subclause (II) and 
                                inserting the following:
                                    ``(II) rape;
                                    ``(III) fondling;
                                    ``(IV) incest;
                                    ``(V) statutory rape;''; and
                            (ii) in clause (ii), by striking 
                        ``subclauses (I) through (VIII) of clause (i)'' 
                        and inserting ``subclauses (I) through (XI) of 
                        clause (i)''; and
                    (D) by adding at the end the following:
                    ``(K)(i) With respect to the criminal activity 
                described in subclauses (II) and (III) of subparagraph 
                (F)(i), the eligible institution shall prepare for the 
                annual security report that is due on the date that is 
                1 year after the date of enactment of the Campus 
                Accountability and Safety Act, and annually thereafter, 
                the following additions:
                            ``(I) The number of such incidents where 
                        the respondent is a student at the institution.
                            ``(II) Of the incidents described in 
                        subclause (I), the number of such incidents 
                        that were reported to the title IX coordinator 
                        or other higher education responsible employee 
                        of the institution.
                            ``(III) Of the incidents described in 
                        subclause (II), the number of victims who 
                        sought campus disciplinary action at the 
                        institution.
                            ``(IV) Of the victims described in 
                        subclause (III), the number of cases processed 
                        through the student disciplinary process of the 
                        institution.
                            ``(V) Of the cases described in subclause 
                        (IV), the number of respondents who were found 
                        responsible through the student disciplinary 
                        process of the institution.
                            ``(VI) Of the cases described in subclause 
                        (IV), the number of respondents who were found 
                        not responsible through the student 
                        disciplinary process of the institution.
                            ``(VII) A description of the final 
                        sanctions imposed by the institution for each 
                        incident for which a respondent was found 
                        responsible through the student disciplinary 
                        process of the institution, if such description 
                        will not reveal personally identifiable 
                        information about an individual student.
                            ``(VIII) The number of student disciplinary 
                        proceedings at the institution that have closed 
                        without resolution since the previous annual 
                        security report due to withdrawal from the 
                        institution of higher education by the 
                        respondent pending resolution of the student 
                        disciplinary proceeding.
                    ``(ii) The Secretary shall provide technical 
                assistance to eligible institutions to assist such 
                institutions in meeting the requirements of this 
                subparagraph.'';
            (2) in paragraph (6)(A), by adding at the end the 
        following:
            ``(vi) The term `complainant' means an individual who is 
        alleged to be the victim of conduct that could constitute 
        domestic violence, dating violence, sexual assault, sexual 
        harassment, or stalking.
            ``(vii) The term `respondent' means an individual who is 
        alleged to be the perpetrator of conduct that could constitute 
        domestic violence, dating violence, sexual assault, sexual 
        harassment, or stalking.
            ``(viii) The term `title IX coordinator' has the meaning 
        given to the individual designated as a responsible employee in 
        section 106.8(a) of title 34, Code of Federal Regulations, as 
        such section is in effect on the date of enactment of the 
        Campus Accountability and Safety Act.
            ``(ix) The term `higher education responsible employee' 
        means an employee of an institution of higher education who--
                    ``(I) has the authority to take action to redress 
                domestic violence, dating violence, sexual assault, 
                sexual harassment, or stalking; or
                    ``(II) has the duty to report domestic violence, 
                dating violence, sexual assault, sexual harassment, or 
                stalking or any other misconduct by students or 
                employees to appropriate school officials.'';
            (3) by striking paragraph (7) and inserting the following:
            ``(7) The statistics described in clauses (i), (ii), and 
        (iii) of paragraph (1)(F)--
                    ``(A) shall not identify complainants or 
                respondents or contain any other information from which 
                complainants or respondents could be identified; and
                    ``(B) shall be compiled in accordance with the 
                following definitions:
                            ``(i) For the offenses of domestic 
                        violence, dating violence, and stalking, such 
                        statistics shall be compiled in accordance with 
                        the definitions used in section 40002(a) of the 
                        Violence Against Women Act of 1994 (34 U.S.C. 
                        12291(a)).
                            ``(ii) For the offense of rape, such 
                        statistics shall be compiled in accordance with 
                        the definition of rape as the penetration, no 
                        matter how slight, of the vagina or anus with 
                        any body part or object, or oral penetration by 
                        a sex organ of another person, without the 
                        consent of the victim.
                            ``(iii) For the offenses of fondling, 
                        incest, and statutory rape, such statistics 
                        shall be compiled in accordance with the 
                        definition used in the National Incident Based 
                        Reporting System.
                            ``(iv) For offenses not described in clause 
                        (i), (ii), or (iii), such statistics shall be 
                        compiled in accordance with the Uniform Crime 
                        Reporting Program of the Department of Justice, 
                        Federal Bureau of Investigation, and the 
                        modifications to such definitions as 
                        implemented pursuant to the Hate Crime 
                        Statistics Act (34 U.S.C. 41305).'';
            (4) in paragraph (8)(B)--
                    (A) in clause (i)--
                            (i) in the matter preceding subclause (I), 
                        by inserting ``, developed in consultation with 
                        local, State, or national sexual assault, 
                        dating violence, domestic violence, and 
                        stalking victim advocacy, victim services, or 
                        prevention organizations, and local law 
                        enforcement,'' after ``Education programs''; 
                        and
                            (ii) in subclause (I)(aa), by inserting ``, 
                        including the fact that these are crimes for 
                        the purposes of this subsection and reporting 
                        under this subsection, and the institution of 
                        higher education will, based on the 
                        complainant's wishes, cooperate with local law 
                        enforcement with respect to any alleged 
                        criminal offenses involving students or 
                        employees of the institution of higher 
                        education, including by notifying and obtaining 
                        written consent from a complainant who has been 
                        fully and accurately informed about what 
                        procedures shall occur if information is 
                        shared, when the institution of higher 
                        education seeks to share information regarding 
                        an alleged criminal offenses with a law 
                        enforcement agency'' after ``stalking''; and
                    (B) in clause (iv)--
                            (i) by redesignating subclauses (II) and 
                        (III) as subclauses (III) and (IV), 
                        respectively;
                            (ii) by inserting after subclause (I) the 
                        following:
                                    ``(II) the institution will comply 
                                with the requirements of section 
                                125(b), and shall include a description 
                                of such requirements;''; and
                            (iii) in subclause (IV), as redesignated by 
                        clause (i)--
                                    (I) in item (aa), by inserting ``, 
                                within 5 days of such determination'' 
                                after ``sexual assault, or stalking'';
                                    (II) in item (bb), by inserting 
                                ``simultaneously with the notification 
                                of the outcome described in item 
                                (aa),'' before ``the institution's'';
                                    (III) in item (cc), by inserting 
                                ``within 5 days of such change'' after 
                                ``results become final''; and
                                    (IV) in item (dd), by inserting 
                                ``within 5 days of such determination'' 
                                after ``results become final''.

SEC. 3. TRANSPARENCY.

    Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 
1011 et seq.) is amended by adding at the end the following:

``SEC. 124. TRANSPARENCY.

    ``The Secretary shall establish a publicly available, searchable, 
accessible, and user-friendly campus safety website that includes the 
following:
            ``(1) The name and contact information for the title IX 
        coordinator for each institution of higher education receiving 
        funds under this Act, and a brief description of the title IX 
        coordinator's role and the roles of other officials who may be 
        contacted to discuss or report sexual harassment.
            ``(2) The Department's pending investigations, enforcement 
        actions, letters of finding, final resolutions, and voluntary 
        resolution agreements for all complaints and compliance reviews 
        under section 485(f) and under title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681) related to sexual 
        harassment. The Secretary shall indicate whether the 
        investigation, action, letter, resolution, or agreement is 
        based on a complaint or compliance review. The Secretary shall 
        make the information under this subsection available regarding 
        a complaint once the Department receives a written complaint, 
        and conducts an initial evaluation, and has determined that the 
        complaint should be opened for investigation of an allegation 
        that, if substantiated, would constitute a violation of such 
        title IX or section 485(f). In carrying out this subsection, 
        the Secretary shall ensure that personally identifiable 
        information is not reported and shall comply with section 444 
        of the General Education Provisions Act (20 U.S.C. 1232g), 
        commonly known as the `Family Educational Rights and Privacy 
        Act of 1974'.
            ``(3) A comprehensive campus safety and security data 
        analysis tool that allows for the review and download of data 
        that institutions of higher education subject to section 485(f) 
        are required to report under this Act.
            ``(4) Information regarding how to file complaints with the 
        Department related to alleged violations of title IX of the 
        Education Amendments of 1972 (20 U.S.C. 1681) and of section 
        485(f).
            ``(5) Information regarding the Department's policies for 
        reviewing complaints, initiating compliance reviews, and 
        conducting and resolving investigations related to alleged 
        violations of title IX of the Education Amendments of 1972 (20 
        U.S.C. 1681) and of section 485(f). This information shall 
        include--
                    ``(A) the contact information for at least one 
                individual at the Department who can answer questions 
                from institutions of higher education, complainants (as 
                defined in section 485(f)(6)), and other interested 
                parties about such policies;
                    ``(B) potential outcomes of an investigation; and
                    ``(C) the expected timeframe for resolution of an 
                investigation and any circumstance that may change such 
                timeframe.''.

SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING 
              VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND 
              STALKING.

    (a) In General.--Part B of title I of the Higher Education Act of 
1965 (20 U.S.C. 1011 et seq.) is further amended by adding after 
section 124 (as added by section 3), the following:

``SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE, 
              DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND 
              STALKING.

    ``(a) Definitions.--In this section:
            ``(1) Complainant.--The term `complainant' means an 
        individual who is alleged to be the victim of conduct that 
        could constitute domestic violence, dating violence, sexual 
        assault, sexual harassment, or stalking.
            ``(2) Higher education responsible employee.--The term 
        `higher education responsible employee' has the meaning given 
        the term in section 485(f)(6).
            ``(3) Respondent.--The term `respondent' means an 
        individual who is alleged to be the perpetrator of conduct that 
        could constitute domestic violence, dating violence, sexual 
        assault, sexual harassment, or stalking.
            ``(4) Title ix coordinator.--The term `title IX 
        coordinator' has the meaning given the term in section 
        485(f)(6).
            ``(5) Victim-centered, trauma-informed interview 
        techniques.--The term `victim-centered, trauma-informed 
        interview techniques' means asking questions of an individual 
        who reports that the individual has been a victim of domestic 
        violence, dating violence, sexual assault, sexual harassment, 
        or stalking, in a manner that is focused on the experience of 
        the victim, does not judge or blame the victim for the alleged 
        act, is informed by evidence-based research on the neurobiology 
        of trauma, and contains information on cultural competence 
        based on practices of rape crisis centers, victim advocacy 
        centers, sexual assault response teams, title IX offices, and 
        similar groups, including organizations that work with 
        underserved populations (as defined in section 40002 of the 
        Violence Against Women Act of 1994 (34 U.S.C. 12291)).
    ``(b) Campus Security Policy.--Each institution of higher education 
that receives funds under this Act, shall establish a campus security 
policy that includes the following:
            ``(1) Sexual and interpersonal violence coordinators.--The 
        designation of one or more sexual and interpersonal violence 
        coordinators at the institution to whom student complainants of 
        domestic violence, dating violence, sexual assault, sexual 
        harassment, or stalking can report, including anonymously, 
        which shall be part of a policy that complies with the 
        following:
                    ``(A) The sexual and interpersonal violence 
                coordinator--
                            ``(i) shall not be an undergraduate 
                        student, a full-time graduate student, an 
                        employee designated as a higher education 
                        responsible employee, or the title IX 
                        coordinator;
                            ``(ii) may have other roles at the 
                        institution;
                            ``(iii) shall be appointed based on 
                        experience and a demonstrated ability of the 
                        individual to effectively provide trauma-
                        informed victim services related to domestic 
                        violence, dating violence, sexual assault, 
                        sexual harassment, and stalking, including to 
                        underserved populations (as defined in section 
                        40002 of the Violence Against Women Act of 1994 
                        (34 U.S.C. 12291));
                            ``(iv) shall be supervised by an individual 
                        outside the body responsible for investigating 
                        and adjudicating complaints at the institution 
                        related to domestic violence, dating violence, 
                        sexual assault, sexual harassment, and 
                        stalking;
                            ``(v) shall not serve as an advisor under 
                        section 485(f)(8)(B)(iv)(III); and
                            ``(vi) shall not be required to report 
                        allegations as a campus security authority 
                        under section 485(f).
                    ``(B) The Secretary shall designate categories of 
                employees that may serve as sexual and interpersonal 
                violence coordinators, such as health care staff, 
                clergy, staff of a women's center, or other such 
                categories, and specify under what conditions 
                individuals may go through training to obtain victim 
                advocate privilege in States with applicable laws. Such 
                designation shall not preclude the institution from 
                designating other employees or partnering with 
                national, State, or local victim services organizations 
                to serve as sexual and interpersonal violence 
                coordinators or to serve in other confidential roles.
                    ``(C) The sexual and interpersonal violence 
                coordinator shall complete the training requirements 
                described in paragraph (5) and subparagraph (D) within 
                a reasonable time after being designated as a sexual 
                and interpersonal violence coordinator.
                    ``(D) The Secretary shall develop online training 
                materials, in addition to the training required under 
                paragraph (5), not later than 1 year after the date of 
                enactment of the Campus Accountability and Safety Act, 
                for the training of sexual and interpersonal violence 
                coordinators.
                    ``(E) The sexual and interpersonal violence 
                coordinator shall inform the complainant, including in 
                a written format--
                            ``(i) of the complainant's rights under 
                        Federal and State law;
                            ``(ii) of the complainant's rights and 
                        options pursuant to the policy that the 
                        institution of higher education has developed 
                        pursuant to clauses (ii) through (vii) of 
                        section 485(f)(8)(B);
                            ``(iii) of the complainant's reporting 
                        options, including the option to notify a 
                        higher education responsible employee, the 
                        option to notify local law enforcement, and any 
                        other reporting options;
                            ``(iv) a description of the process of 
                        investigation and any disciplinary proceeding 
                        of the institution that may follow notification 
                        of a higher education responsible employee;
                            ``(v) a description of the process of civil 
                        investigation and adjudication of the criminal 
                        justice system that may follow notification of 
                        law enforcement;
                            ``(vi) a description of the jurisdiction, 
                        scope, and possible sanctions of the student 
                        disciplinary process of the institution of 
                        higher education and of the criminal justice 
                        process, including any possible sanctions for 
                        complainants, such as laws regarding false 
                        reporting, in a victim-centered and trauma-
                        informed manner;
                            ``(vii) that the student disciplinary 
                        process of the institution of higher education 
                        in not equivalent to, and should not be 
                        considered a substitute for, the criminal 
                        justice process;
                            ``(viii) any limitations on the ability of 
                        the sexual and interpersonal violence 
                        coordinator to provide privacy or 
                        confidentiality to the complainant under the 
                        policies of the institution of higher 
                        education, Federal law, or State law; and
                            ``(ix) of a list of local rape crisis 
                        centers, victim advocacy centers, sexual and 
                        interpersonal violence teams, title IX offices, 
                        or similar groups that are based on or near 
                        campus and can reasonably be expected to act as 
                        a resource for the student.
                    ``(F) The sexual and interpersonal violence 
                coordinator may, as appropriate--
                            ``(i) serve as a liaison between a 
                        complainant and a higher education responsible 
                        employee or law enforcement, provided the 
                        sexual and interpersonal violence coordinator 
                        has obtained written consent from the 
                        complainant who has been fully and accurately 
                        informed about what procedures shall occur if 
                        information is shared; and
                            ``(ii) assist a complainant in contacting 
                        and reporting to a higher education responsible 
                        employee or law enforcement.
                    ``(G) The sexual and interpersonal violence 
                coordinator shall be authorized by the institution to 
                liaise with appropriate staff at the institution to 
                arrange reasonable accommodations through the 
                institution to allow the complainant to change living 
                arrangements or class schedules, obtain accessibility 
                services (including language services), or arrange 
                other accommodations for the complainant. The 
                institution may not require that the complainant report 
                to a law enforcement agency as a condition to grant 
                such accommodations.
                    ``(H) The sexual and interpersonal violence 
                coordinator shall not be obligated to report crimes to 
                the institution or law enforcement in a way that 
                identifies a complainant or respondent, unless 
                otherwise required to do so by State law. The sexual 
                and interpersonal violence coordinator shall, to the 
                extent authorized under State law, provide confidential 
                services.
                    ``(I) The institution shall designate as a sexual 
                and interpersonal violence coordinator an individual 
                who has victim advocate privilege under State law 
                (including receipt of any applicable State-required 
                training for that purpose) if there is such an 
                individual employed by the institution. The institution 
                may partner through a formal agreement with an outside 
                organization with the experience described in 
                subparagraph (A)(iii), such as a community-based rape 
                crisis center or other community-based sexual assault 
                service provider, to provide the services described in 
                this paragraph.
                    ``(J) The sexual and interpersonal violence 
                coordinator shall collect and report anonymized 
                statistics, on an annual basis, unless prohibited by 
                State law. The sexual and interpersonal violence 
                coordinator shall ensure that such reports do not 
                include identifying information and that the 
                confidentiality of a complainant or respondent is not 
                jeopardized through the reporting of such statistics. 
                Any requests for accommodations, as described in 
                subparagraph (G), made by a sexual and interpersonal 
                violence coordinator shall not trigger an investigation 
                by the institution, even if the sexual and 
                interpersonal violence coordinator deals only with 
                matters relating to domestic violence, dating violence, 
                sexual assault, sexual harassment, and stalking.
                    ``(K) The institution shall appoint an adequate 
                number of sexual and interpersonal violence 
                coordinators not later than the earlier of--
                            ``(i) 1 year after the Secretary determines 
                        through a negotiated rulemaking process what an 
                        adequate number of sexual and interpersonal 
                        violence coordinators is for an institution 
                        based on its size; or
                            ``(ii) 3 years after the date of enactment 
                        of the Campus Accountability and Safety Act.
                    ``(L) As part of the negotiated rulemaking process 
                described in subparagraph (K)(i), the Secretary shall 
                determine a process to allow institutions that enroll 
                fewer than 1,000 students to partner with another 
                institution of higher education in their region or 
                State to provide the services described in this 
                paragraph while ensuring that students continue to have 
                adequate access to a sexual and interpersonal violence 
                coordinator.
                    ``(M) The institution shall not discipline, 
                penalize, or otherwise retaliate against an individual 
                who reports, in good faith, domestic violence, dating 
                violence, sexual assault, sexual harassment, or 
                stalking to the sexual and interpersonal violence 
                coordinator.
                    ``(N) Each employee of an institution who receives 
                a report of domestic violence, dating violence, sexual 
                assault, sexual harassment, or stalking shall notify 
                the reporting individual of the existence of, contact 
                information for, and services provided by sexual and 
                interpersonal violence coordinator of the institution.
            ``(2) Information on the institution's website.--The 
        institution shall list on its website--
                    ``(A) the name and contact information for the 
                sexual and interpersonal violence coordinator;
                    ``(B) reporting options, including confidential 
                options, for complainants of domestic violence, dating 
                violence, sexual assault, sexual harassment, or 
                stalking;
                    ``(C) the process of investigation and disciplinary 
                proceedings of the institution;
                    ``(D) the process of investigation and adjudication 
                of the criminal justice system;
                    ``(E) potential reasonable accommodations that the 
                institution may provide to a complainant, as described 
                in paragraph (1)(G);
                    ``(F) the telephone number and website address for 
                a local, State, or national hotline providing 
                information to complainants (which shall be clearly 
                communicated on the website and shall be updated on a 
                timely basis);
                    ``(G) the name and location of the nearest medical 
                facility where an individual may have a medical 
                forensic examination administered by a trained sexual 
                assault forensic nurse, including information on 
                transportation options and available reimbursement for 
                a visit to such facility;
                    ``(H) the institution's amnesty and retaliation 
                policies; and
                    ``(I) a list of local rape crisis centers, victim 
                advocacy centers, sexual assault response teams, title 
                IX offices, or similar groups that are based on or near 
                campus and can reasonably be expected to act as a 
                resource for the student.
            ``(3) Online reporting.--The institution may provide an 
        online reporting system to collect anonymous disclosures of 
        crimes and track patterns of crime on campus. An individual may 
        submit an anonymous report, if they choose to do so, about a 
        specific crime to the institution using the online reporting 
        system, but the institution is only obligated to investigate a 
        specific crime if an individual decides to report the crime to 
        a higher education responsible employee or law enforcement. If 
        the institution uses an online reporting system, the online 
        system shall also include information about how to report a 
        crime to a higher education responsible employee and to law 
        enforcement and how to contact a sexual and interpersonal 
        violence coordinator and any other appropriate on- or off-
        campus resource.
            ``(4) Amnesty policy.--
                    ``(A) In general.--The institution shall provide an 
                amnesty policy for any student who reports, in good 
                faith, domestic violence, dating violence, sexual 
                assault, sexual harassment, or stalking to an 
                institution official, such that the reporting student 
                will not be sanctioned by the institution for a student 
                conduct violation related to alcohol use or drug use 
                that is revealed in the course of such a report and 
                that occurred at or near the time of the commission of 
                the domestic violence, dating violence, sexual assault, 
                sexual harassment, or stalking.
                    ``(B) Good faith.--A determination of whether a 
                report is made in good faith--
                            ``(i) shall be made in accordance with 
                        regulations established by the Secretary 
                        through a negotiated rulemaking process; and
                            ``(ii) shall not include a presumptive 
                        finding that a student did not act in good 
                        faith based solely on the institution not 
                        initiating a disciplinary proceeding based on 
                        the student's report.
                    ``(C) No preemption.--The requirement under 
                subparagraph (A) shall not preempt the ability of an 
                institution of higher education to establish an amnesty 
                policy for student conduct violations not mentioned in 
                this provision.
                    ``(D) Provision of information.--The institution 
                shall provide information about the amnesty policy of 
                the institution on the website of the institution.
            ``(5) Training.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Campus Accountability and 
                Safety Act, the Secretary, in coordination with the 
                Attorney General and in consultation with national, 
                State, or local victim services organizations and 
                institutions of higher education, shall develop a 
                training program, which may include online training 
                modules, for training--
                            ``(i) each individual who is involved in 
                        implementing an institution of higher 
                        education's student grievance procedures, 
                        including each individual who is responsible 
                        for resolving complaints of reported domestic 
                        violence, dating violence, sexual assault, 
                        sexual harassment, or stalking; and
                            ``(ii) each employee of an institution of 
                        higher education who has responsibility for 
                        conducting an interview with a complainant of 
                        domestic violence, dating violence, sexual 
                        assault, sexual harassment, or stalking.
                    ``(B) Contents.--Such training shall include--
                            ``(i) information on working with and 
                        interviewing persons subjected to domestic 
                        violence, dating violence, sexual assault, 
                        sexual harassment, or stalking;
                            ``(ii) information on particular types of 
                        conduct that would constitute domestic 
                        violence, dating violence, sexual assault, 
                        sexual harassment, or stalking, regardless of 
                        gender, including same-sex incidents of 
                        domestic violence, dating violence, sexual 
                        assault, sexual harassment, or stalking;
                            ``(iii) information on consent and what 
                        factors, including power dynamics, may impact 
                        whether consent is voluntarily given, including 
                        the ways drugs or alcohol may affect an 
                        individual's ability to consent and information 
                        on consent for victims with disabilities or 
                        victims who may be neurodivergent;
                            ``(iv) the effects of trauma, including the 
                        neurobiology of trauma;
                            ``(v) training regarding the use of victim-
                        centered, trauma-informed interview techniques;
                            ``(vi) cultural awareness training 
                        regarding how domestic violence, dating 
                        violence, sexual assault, sexual harassment, 
                        and stalking may impact students differently 
                        depending on their cultural background;
                            ``(vii) information on cultural competence 
                        that addresses the needs of underserved 
                        populations (as defined in section 40002 of the 
                        Violence Against Women Act of 1994 (34 U.S.C. 
                        12291)) in the campus community; and
                            ``(viii) information on sexual assault 
                        dynamics, sexual assault perpetrator behavior, 
                        and barriers to reporting.
                    ``(C) Institutional training.--Each institution of 
                higher education shall ensure that the individuals and 
                employees described in subparagraph (A) receive the 
                training described in this paragraph not later than the 
                July 15 that is 1 year after the date that the training 
                program has been developed by the Secretary in 
                accordance with subparagraph (A).
            ``(6) Uniform campus-wide process for student disciplinary 
        proceeding relating to claim of domestic violence, dating 
        violence, sexual assault, sexual harassment, or stalking.--Each 
        institution of higher education that receives funds under this 
        Act--
                    ``(A) shall establish and carry out a uniform 
                process (for each campus of the institution) for 
                student disciplinary proceedings relating to any claims 
                of domestic violence, dating violence, sexual assault, 
                sexual harassment, or stalking against a student who 
                attends the institution;
                    ``(B) shall not carry out a different disciplinary 
                process on the same campus for domestic violence, 
                dating violence, sexual assault, sexual harassment, or 
                stalking, or alter the uniform process described in 
                subparagraph (A), based on the status or 
                characteristics of a student who will be involved in 
                that disciplinary proceeding, including characteristics 
                such as a student's membership on an athletic team, 
                academic major, or any other characteristic or status 
                of a student; and
                    ``(C) may not, as a condition of student 
                participation in a disciplinary proceeding--
                            ``(i) automatically notify a law 
                        enforcement agency of--
                                    ``(I) a receipt of a report of 
                                domestic violence, dating violence, 
                                sexual assault, sexual harassment, or 
                                stalking; or
                                    ``(II) the initiation of a campus 
                                disciplinary proceeding; or
                            ``(ii) require cooperation with a law 
                        enforcement agency.
            ``(7) Information about the title ix coordinator.--The 
        institution shall submit, annually, to the Office for Civil 
        Rights of the Department of Education and the Civil Rights 
        Division of the Department of Justice, the name and contact 
        information for the title IX coordinator, including a brief 
        description of the coordinator's role and the roles of other 
        officials who may be contacted to discuss or report domestic 
        violence, dating violence, sexual assault, sexual harassment, 
        or stalking, and documentation of training received by the 
        title IX coordinator. The educational institution shall provide 
        updated information to the Office for Civil Rights of the 
        Department of Education and the Civil Rights Division of the 
        Department of Justice not later than 30 days after the date of 
        any change.
            ``(8) Written notice of institutional disciplinary 
        process.--The institution shall provide both the complainant 
        and respondent with written notice of the institution's 
        decision to proceed with an institutional disciplinary process 
        regarding an allegation of domestic violence, dating violence, 
        sexual assault, sexual harassment, or stalking within 24 hours 
        of such decision, and sufficiently in advance of a disciplinary 
        hearing to provide both the complainant and respondent with the 
        opportunity to meaningfully exercise their rights to a 
        proceeding that is prompt, fair, and impartial, which shall 
        include the opportunity for both parties to present witnesses 
        and other evidence, and any other due process rights afforded 
        to them under institutional policy. The written notice shall 
        include the following:
                    ``(A) The existence of a complaint, the nature of 
                the conduct upon which the complaint is based, and the 
                date on which the alleged incident occurred.
                    ``(B) A description of the process for the 
                disciplinary proceeding, including the estimated 
                timeline from initiation to final disposition.
                    ``(C) A description of the rights and protections 
                available to the complainant and respondent, including 
                those described in section 485(f)(8)(B)(iv) and any 
                other rights or protections that the complainant and 
                respondent may have under the institution's policies.
                    ``(D) A copy of the institution's applicable 
                policies, and, if available, related published 
                informational materials.
                    ``(E) Name and contact information for an 
                individual at the institution, who is independent of 
                the disciplinary process, to whom the complainant and 
                respondent can submit questions about any of the 
                information described in the written notice of the 
                institutional disciplinary process.
    ``(c) Penalties.--
            ``(1) Penalty relating to sexual and interpersonal violence 
        coordinators.--The Secretary may impose a civil penalty of not 
        more than 1 percent of an institution's operating budget, as 
        defined by the Secretary, for each year that the institution 
        fails to carry out the requirements of such paragraph following 
        the effective date described in section 4(b)(1) of the Campus 
        Accountability and Safety Act.
            ``(2) Other provisions.--The Secretary may impose a civil 
        penalty of not more than 1 percent of an institution's 
        operating budget, as defined by the Secretary, for each year 
        that the institution fails to carry out the requirements of 
        such paragraphs following the effective date described in 
        section 4(b)(2) of the Campus Accountability and Safety Act.
            ``(3) Voluntary resolution.--Notwithstanding any other 
        provision of this section, the Secretary may enter into a 
        voluntary resolution with an institution of higher education 
        that is subject to a penalty under this subsection.
            ``(4) Adjustment to penalties.--Any civil penalty under 
        this subsection may be reduced by the Secretary. In determining 
        the amount of such penalty, or the amount agreed upon in 
        compromise, the Secretary of Education shall consider the 
        appropriateness of the penalty to the size of the operating 
        budget of the educational institution subject to the 
        determination, the gravity of the violation or failure, and 
        whether the violation or failure was committed intentionally, 
        negligently, or otherwise.''.
    (b) Effective Dates.--
            (1) Sexual and interpersonal violence coordinator.--
        Paragraph (1) of section 125(b) of the Higher Education Act of 
        1965, as added by subsection (a), shall take effect on the date 
        that is the earlier of--
                    (A) 1 year after the Secretary of Education 
                determines through a negotiated rulemaking process what 
                an adequate number of sexual and interpersonal violence 
                coordinators is for an institution based on an 
                institution's size; or
                    (B) 3 years after the date of enactment of this 
                Act.
            (2) Other provisions.--Paragraphs (2) through (8) of 
        section 125(b) of the Higher Education Act of 1965, as added by 
        subsection (a), shall take effect on the date that is 1 year 
        after the date of enactment of this Act.
    (c) Negotiated Rulemaking.--The Secretary of Education shall 
establish regulations to carry out the provisions of this section, and 
the amendment made by this section, in accordance with the requirements 
described under section 492 of the Higher Education Act of 1965 (20 
U.S.C. 1098a).

SEC. 5. GRANTS TO IMPROVE PREVENTION AND RESPONSE TO DOMESTIC VIOLENCE, 
              DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND 
              STALKING ON CAMPUS.

    Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a) is 
amended by adding at the end the following:

  ``PART BB--GRANTS FOR INSTITUTIONS TO ADDRESS AND PREVENT DOMESTIC 
   VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND 
                           STALKING ON CAMPUS

``SEC. 899. GRANTS FOR INSTITUTIONS TO ADDRESS AND PREVENT DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL 
              HARASSMENT, AND STALKING ON CAMPUS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants to institutions of higher education, on a competitive 
        basis as described in paragraph (2), to enhance the ability of 
        such institutions to address and prevent domestic violence, 
        dating violence, sexual assault, sexual harassment, and 
        stalking on campus.
            ``(2) Award basis.--The Secretary shall award grants under 
        this section, on a competitive basis, as funds become available 
        through the payment of penalties by institutions of higher 
        education under section 125.
            ``(3) Prohibition; ineligible institutions.--
                    ``(A) No reservation for administrative expenses.--
                Funds awarded under this section shall not be reserved 
                for administrative expenses.
                    ``(B) Ineligible institutions.--
                            ``(i) Violations.--An institution of higher 
                        education shall not be eligible to receive a 
                        grant under this section if the institution is 
                        found by the Department of Education, at the 
                        time of application for a grant under this 
                        section, to be in violation of--
                                    ``(I) title IX of the Education 
                                Amendments of 1972 (20 U.S.C. 1681); 
                                and
                                    ``(II) section 485(f).
                            ``(ii) Multiple grants.--An institution of 
                        higher education that has received a grant 
                        award under section 304 of the Violence Against 
                        Women and Department of Justice Reauthorization 
                        Act of 2005 (34 U.S.C. 20125) in any of the 
                        previous 3 grant funding cycles shall not be 
                        eligible for a grant award under this section.
            ``(4) Preference.--In awarding grants under this section, 
        the Secretary shall give preference to those institutions of 
        higher education--
                    ``(A) with the smallest endowments or the lowest 
                tuition rates, as compared to all institutions 
                receiving funds under this Act; or
                    ``(B) that have demonstrated a strong commitment to 
                prioritizing the prevention of domestic violence, 
                dating violence, sexual assault, sexual harassment, and 
                stalking on their campuses, which may be demonstrated 
                by providing documentation of actions by the 
                administration of such institution such as--
                            ``(i) establishing a working group on 
                        campus that includes the participation of 
                        administration officials and students to 
                        analyze and strategize improvements to the way 
                        the institution prevents and responds to 
                        domestic violence, dating violence, sexual 
                        assault, sexual harassment, and stalking on 
                        campus;
                            ``(ii) organizing a series of listening 
                        sessions on campus to gather feedback and ideas 
                        from the campus community on how to improve the 
                        way the institution prevents and responds to 
                        domestic violence, dating violence, sexual 
                        assault, sexual harassment, and stalking on 
                        campus;
                            ``(iii) hosting a conference that brings 
                        together academic researchers to present and 
                        share ideas and research regarding domestic 
                        violence, dating violence, sexual assault, 
                        sexual harassment, and stalking on campus; or
                            ``(iv) other documented efforts beyond the 
                        requirements of Federal or State law that the 
                        administration of the institution of higher 
                        education has initiated in order to better 
                        understand the prevalence of domestic violence, 
                        dating violence, sexual assault, sexual 
                        harassment, and stalking on campus and analyze 
                        and improve how the institution of higher 
                        education responds to such incidents.
            ``(5) Amount of grants.--The Secretary, through the 
        Assistant Secretary of the Office for Civil Rights, shall award 
        the grants under this section in an amount of not more than 
        $500,000 for each institution of higher education.
            ``(6) Equitable participation.--The Secretary shall make 
        every effort to ensure--
                    ``(A) the equitable participation of private and 
                public institutions of higher education in the 
                activities assisted under this section;
                    ``(B) the equitable geographic distribution of 
                grants under this section among the various regions of 
                the United States; and
                    ``(C) the equitable distribution of grants under 
                this section to Tribal Colleges or Universities (as 
                defined under section 316(b)) and historically Black 
                colleges or universities.
            ``(7) Duration.--The Secretary shall award each grant under 
        this section for a period of not more than 5 years.
    ``(b) Use of Grant Funds.--
            ``(1) Mandatory uses.--Grant funds awarded under this 
        section shall be used to research best practices for preventing 
        and responding to domestic violence, dating violence, sexual 
        assault, sexual harassment, and stalking on campus and to 
        disseminate such research to peer institutions and the 
        Department. Such research may include a focus on one or more of 
        the following purposes:
                    ``(A) Strengthening strategies to combat domestic 
                violence, dating violence, sexual assault, sexual 
                harassment, and stalking on campus.
                    ``(B) Strengthening victim services for incidents 
                involving domestic violence, dating violence, sexual 
                assault, sexual harassment, and stalking on campus, 
                which may involve partnerships with community-based 
                victim services agencies.
                    ``(C) Strengthening prevention education and 
                awareness programs on campus regarding domestic 
                violence, dating violence, sexual assault, sexual 
                harassment, and stalking.
            ``(2) Permissive uses.--Grant funds awarded under this 
        section may be used for one or more of the following purposes:
                    ``(A) Evaluating and determining the effectiveness 
                of victim services and education programs in reaching 
                all populations that may be subject to domestic 
                violence, dating violence, sexual assault, sexual 
                harassment, and stalking on campus.
                    ``(B) Training campus administrators, campus 
                security personnel, and personnel serving on campus 
                disciplinary boards on campus policies, protocols, and 
                services to respond to domestic violence, dating 
                violence, sexual assault, sexual harassment, and 
                stalking on campus, which shall include instruction on 
                victim-centered, trauma-informed interview techniques 
                and information on the neurobiological effects of 
                trauma and stress on memory.
                    ``(C) Developing, expanding, or strengthening 
                victim services programs and population specific 
                services on the campus of the institution, including 
                programs providing legal, medical, or psychological 
                counseling for victims of domestic violence, dating 
                violence, sexual assault, sexual harassment, and 
                stalking, and to improve delivery of victim assistance 
                on campus, including through the services of the sexual 
                and interpersonal violence coordinator (as described in 
                section 125(b)).
                    ``(D) Developing or adapting and providing 
                developmentally and culturally appropriate and 
                linguistically accessible print or electronic materials 
                regarding campus policies, protocols, and services 
                related to the prevention of and response to domestic 
                violence, dating violence, sexual assault, sexual 
                harassment, and stalking on campus.
                    ``(E) Developing and implementing prevention 
                education and awareness programs on campus regarding 
                domestic violence, dating violence, sexual assault, 
                sexual harassment, and stalking.
    ``(c) Applications.--
            ``(1) In general.--In order to be eligible for a grant 
        under this section for any fiscal year, an institution of 
        higher education shall submit an application to the Secretary 
        at such time and in such manner as the Secretary shall 
        prescribe.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    ``(A) describe the need for grant funds and the 
                plan for implementation for any of the activities 
                described in subsection (b);
                    ``(B) describe the characteristics of the 
                population being served, including type of campus, 
                demographics of the population, and number of students;
                    ``(C) describe how underserved populations (as 
                defined in section 40002 of the Violence Against Women 
                Act of 1994 (34 U.S.C. 12291)) in the campus community 
                will be adequately served, including the provision of 
                relevant population specific services;
                    ``(D) provide measurable goals and expected results 
                from the use of the grant funds;
                    ``(E) provide assurances that the Federal funds 
                made available under this section shall be used to 
                supplement and, to the extent practical, increase the 
                level of funds that would, in the absence of Federal 
                funds, be made available by the institution or 
                organization for the activities described in subsection 
                (b); and
                    ``(F) include such other information and assurances 
                as the Secretary reasonably determines to be necessary.
    ``(d) Reports.--
            ``(1) Grantee reporting.--
                    ``(A) Annual report.--Each institution of higher 
                education receiving a grant under this section shall 
                submit a performance report to the Secretary beginning 
                1 year after receiving the grant and annually 
                thereafter. The Secretary shall suspend funding under 
                this section for an institution of higher education if 
                the institution fails to submit such a report.
                    ``(B) Final report.--Upon completion of the grant 
                period under this section, the grantee institution 
                shall file a final performance report with the 
                Secretary explaining the activities carried out under 
                this section together with an assessment of the 
                effectiveness of the activities described in subsection 
                (b).
            ``(2) Report to congress.--Not later than 180 days after 
        the end of the grant period under this section, the Secretary 
        shall submit to Congress a report that includes--
                    ``(A) the number of grants, and the amount of 
                funds, distributed under this section;
                    ``(B) a summary of the activities carried out using 
                grant funds and an evaluation of the progress made 
                under the grant; and
                    ``(C) an evaluation of the effectiveness of 
                programs funded under this section.''.

SEC. 6. GAO REPORT.

    The Comptroller General of the United States shall--
            (1) conduct a study on the effectiveness and efficiency of 
        the grants to improve prevention and response to domestic 
        violence, dating violence, sexual assault, sexual harassment, 
        and stalking on campus under section 899 of the Higher 
        Education Act of 1965, as added by section 5 of this Act; and
            (2) submit a report, not later than 2 years after the date 
        of enactment of this Act, on the study described in paragraph 
        (1), to the Committee on Health, Education, Labor, and Pensions 
        of the Senate and the Committee on Education and Labor of the 
        House of Representatives.
                                 <all>