118 HR 9264 IH: Campus Accountability and Safety Act
U.S. House of Representatives
2024-08-02
text/xml
EN
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I
118th CONGRESS
2d Session
H. R. 9264
IN THE HOUSE OF REPRESENTATIVES
August 2, 2024
Mr. Khanna (for himself, Mr. Fitzpatrick, Ms. Lois Frankel of Florida, Mr. Landsman, Mr. Garamendi, Mr. Takano, and Ms. Wasserman Schultz) 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 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual assault, and for other purposes.
1.

Short title
This Act may be cited as the “Campus Accountability and Safety Act”.
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 and available in different languages, to be prominently displayed on the website of the institution,” after “through appropriate publications or mailings,”;
(B)
in subparagraph (C)—
(i)
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”; and
(ii)
by moving the margins of clauses (i) and (iii) 2 ems to the left;
(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 and employee 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).”; and
(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 paragraph (20)(B), and shall include a description of such requirements;”; and
(iii)
in subclause (IV), as redesignated by clause (i), in item (bb), by inserting “simultaneously with the notification of the outcome described in item (aa),” before “the institution's”.
3.

Transparency
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”), as amended by this Act, is further amended by adding at the end the following:
“(19)
The Secretary shall ensure there is a publicly available, searchable, accessible, and user-friendly campus safety website that includes the following:
(A)
A brief description of the role of the title IX coordinator for each institution of higher education receiving funds under this Act and the roles of other officials who may be contacted to discuss or report sexual harassment.
(B)
A brief description of the role of the sexual and interpersonal violence specialist and the name and contact information of the specialist for each institution of higher education receiving funds under this Act.
(C)
The Department’s pending investigations, enforcement actions, letters of finding, final resolutions, and voluntary resolution agreements for all media audits, complaints, and compliance reviews under this subsection 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 subparagraph 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 this subsection. In carrying out this subparagraph, 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”.
(D)
The download of data that institutions of higher education subject to this subsection are required to report under this Act.
(E)
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 this subsection.
(F)
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 this subsection. This information shall include—
(i)
the contact information for at least one individual at the Department who can answer questions from institutions of higher education, complainants, and other interested parties about such policies;
(ii)
potential outcomes of an investigation; and
(iii)
the expected timeframe for resolution of an investigation and any circumstance that may change such timeframe.”.
4.

University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, and stalking
(a)

In general
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”), as amended by this Act, is further amended by adding at the end the following:
“(20)

University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, and stalking
(A)

Victim-centered, trauma-informed interview techniques
In this paragraph, 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:
(i)

Sexual and interpersonal violence specialists
The designation of one or more sexual and interpersonal violence specialists 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:
(I)
The sexual and interpersonal violence specialist—
- (aa)
shall not be an undergraduate student, a full-time graduate student, an employee designated as a higher education responsible employee, any individual designated with responsibilities as a campus security authority, or the title IX coordinator;
- (bb)
may have other roles at the institution;
- (cc)
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));
- (dd)
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;
- (ee)
shall not serve as an advisor under paragraph (8)(B)(iv)(III); and
- (ff)
shall not be required to report allegations as a campus security authority under this subsection.
(II)
The Secretary shall designate categories of employees that may serve as sexual and interpersonal violence specialists, 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 specialists or to serve in other confidential roles.
(III)
The sexual and interpersonal violence specialist shall complete the training requirements described in clause (v) and subclause (IV) within a reasonable time after being designated as a sexual and interpersonal violence specialist.
(IV)
The Secretary shall develop online training materials, in addition to the training required under clause (v), 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 specialists.
(V)
The sexual and interpersonal violence specialist shall inform the complainant in a victim-centered, trauma-informed manner, including in a written format—
- (aa)
of the complainant’s rights under Federal and State law;
- (bb)
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 paragraph (8)(B);
- (cc)
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;
- (dd)
a description of the process of investigation and any disciplinary proceeding of the institution that may follow notification of a higher education responsible employee;
- (ee)
a description of the process of civil investigation and adjudication of the criminal justice system that may follow notification of law enforcement;
- (ff)
a description of the jurisdiction, scope, and possible sanctions of the student and employee 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;
- (gg)
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;
- (hh)
any limitations on the ability of the sexual and interpersonal violence specialist to provide privacy or confidentiality to the complainant under the policies of the institution of higher education, Federal law, or State law;
- (ii)
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; and
- (jj)
the potential risk of re-traumatization in repeating the events of a reported crime and available campus resources for related support services.
(VI)
The sexual and interpersonal violence specialist may, as appropriate—
- (aa)
serve as a liaison between a complainant and a higher education responsible employee or law enforcement, provided the sexual and interpersonal violence specialist has obtained written consent from the complainant who has been fully and accurately informed about what procedures shall occur if information is shared; and
- (bb)
assist a complainant in contacting and reporting to a higher education responsible employee or law enforcement.
(VII)
The sexual and interpersonal violence specialist 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 or academic arrangements or class schedules, obtain accessibility services (including transportation and 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.
(VIII)
The sexual and interpersonal violence specialist shall not be obligated to identify a complainant or respondent, unless otherwise required to do so by State or local law. The sexual and interpersonal violence specialist shall, to the extent authorized under State law, provide confidential services.
(IX)
The institution shall designate as a sexual and interpersonal violence specialist 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 subclause (I)(cc), such as a community-based rape crisis center or other community-based sexual assault service provider, to provide the services described in this clause.
(X)
The sexual and interpersonal violence specialist shall collect and report anonymized statistics, on an annual basis, unless prohibited by State law. The sexual and interpersonal violence specialist 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 subclause (VII), made by a sexual and interpersonal violence specialist shall not trigger an investigation by the institution, even if the sexual and interpersonal violence specialist deals only with matters relating to domestic violence, dating violence, sexual assault, sexual harassment, and stalking.
(XI)
The institution shall appoint an adequate number of sexual and interpersonal violence specialists not later than the earlier of—
- (aa)
1 year after the Secretary determines through a negotiated rulemaking process what an adequate number of sexual and interpersonal violence specialists is for an institution based on its size; or
- (bb)
3 years after the date of enactment of the Campus Accountability and Safety Act.
(XII)
As part of the negotiated rulemaking process described in subclause (XI)(aa), 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 clause while ensuring that students continue to have adequate access to the services and support provided by a sexual and interpersonal violence specialist.
(XIII)
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 specialist.
(XIV)
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 specialist of the institution.
(ii)

Information on the institution’s website
The institution shall list on its website—
(I)
the name and contact information for the sexual and interpersonal violence specialist;
(II)
reporting options, including confidential options, for complainants of domestic violence, dating violence, sexual assault, sexual harassment, or stalking;
(III)
the process of investigation and disciplinary proceedings of the institution;
(IV)
the process of investigation and adjudication of the criminal justice system;
(V)
potential reasonable accommodations that the institution may provide to a complainant, as described in clause (i)(VII);
(VI)
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);
(VII)
the name and location of the nearest medical facility where an individual may have a medical forensic examination administered by a trained sexual assault medical professional, including information on transportation options and available reimbursement for a visit to such facility;
(VIII)
the institution’s amnesty and retaliation policies; and
(IX)
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.
(iii)

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 specialist and any other appropriate on- or off-campus resource.
(iv)

Amnesty policy
(I)

In general
The institution may, to the extent practicable, 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—
- (aa)
physical violence or assault as a defense against domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or
- (bb)
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.
(II)

Good faith
A determination of whether a report is made in good faith—
- (aa)
shall be made in accordance with regulations established by the Secretary through a negotiated rulemaking process; and
- (bb)
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.
(III)

No preemption
The requirement under subclause (I) 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.
(IV)

Provision of information
The institution shall provide information about the amnesty policy of the institution on the website of the institution.
(v)

Training
(I)

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 an evidence-informed training program, which may include online training modules, for training—
- (aa)
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
- (bb)
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.
(II)

Contents
Such training shall include—
- (aa)
information on working with and interviewing persons subjected to domestic violence, dating violence, sexual assault, sexual harassment, or stalking that utilizes victim-centered, trauma-informed interview techniques;
- (bb)
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;
- (cc)
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;
- (dd)
the effects of trauma, including the neurobiology of trauma;
- (ee)
cultural specific and responsiveness training regarding how domestic violence, dating violence, sexual assault, sexual harassment, and stalking may impact students of underserved communities differently depending on their cultural background; and
- (ff)
information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting.
(III)

Institutional training
Each institution of higher education shall ensure that the individuals and employees described in subclause (I) receive the training described in this clause 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 subclause (I).
(vi)

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—
(I)
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;
(II)
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 subclause (I), 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
(III)
may not, as a condition of student participation in a disciplinary proceeding—
- (aa)
automatically notify a law enforcement agency of—
(AA)
a receipt of a report of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or
(BB)
the initiation of a campus disciplinary proceeding; or
- (bb)
require cooperation with a law enforcement agency.
(vii)

Information about the title IX coordinator and sexual and interpersonal violence specialist
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 and the sexual and interpersonal violence specialist, including a brief description of the role of the coordinator and specialist 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 and the sexual and interpersonal violence specialist. 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. The Secretary shall make the information described in this clause publicly available.
(viii)

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:
(I)
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.
(II)
A description of the process for the disciplinary proceeding, including the estimated timeline from initiation to final disposition.
(III)
A description of the rights and protections available to the complainant and respondent, including those described in paragraph (8)(B)(iv) and any other rights or protections that the complainant and respondent may have under the institution’s policies.
(IV)
A copy of the institution’s applicable policies, and, if available, related published informational materials.
(C)

Penalties
(i)

Penalty relating to sexual and interpersonal violence specialists
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 this paragraph following the effective date described in section 4(b)(1) of the Campus Accountability and Safety Act.
(ii)

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 this paragraph following the effective date described in section 4(b)(2) of the Campus Accountability and Safety Act.
(iii)

Voluntary resolution
Notwithstanding any other provision of this paragraph, the Secretary may enter into a voluntary resolution with an institution of higher education that is subject to a penalty under this subparagraph.
(iv)

Adjustment to penalties
Any civil penalty under this subparagraph 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 specialist
Clause (i) of section 487(f)(20)(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 specialists 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
Clauses (ii) through (viii) of section 487(f)(20)(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).
5.

Grants to combat violent crimes on campus
Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125) is amended—
(1)
in subsection (a)(1), by inserting “sexual harassment,” after “sexual assault,”;
(2)
in subsection (b)—
(A)
in paragraph (1), by inserting “sexual harassment,” after “sexual assault,”;
(B)
in paragraph (2). by inserting “sexual harassment,” after “sexual assault,”;
(C)
in paragraph (3), in the first sentence, by inserting “sexual harassment,” after “sexual assault,”;
(D)
in paragraph (4), in the first sentence, by inserting “sexual harassment,” after “sexual assault,”;
(E)
in paragraph (6), by inserting “sexual harassment,” after “sexual assault,”;
(F)
in paragraph (7), by inserting “sexual harassment,” after “sexual assault,”;
(G)
in paragraph (8), by inserting “sexual harassment,” after “sexual assault,”;
(H)
in paragraph (9), by inserting “sexual harassment, sexual assault,” after “sexual violence,”;
(I)
in paragraph (10), by inserting “sexual harassment,” after “sexual assault,”;
(J)
in paragraph (11), by inserting “sexual harassment,” after “sexual assault,”; and
(K)
in paragraph (12), in the first sentence, by inserting “sexual harassment,” after “sexual assault,”;
(3)
in subsection (c)(2)(B), by inserting “sexual harassment” after “sexual assault,”; and
(4)
in subsection (d)(3)—
(A)
in subparagraph (B), by inserting “sexual harassment,” after “sexual assault,”;
(B)
in subparagraph (C), by inserting “sexual harassment,” after “sexual assault,”; and
(C)
in subparagraph (D), by inserting “sexual harassment,” after “sexual assault,”.
6.

GAO report
The Comptroller General of the United States shall—
(1)
conduct a study on the effectiveness and efficiency of the grants to combat domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campuses under section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125); 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 the Workforce of the House of Representatives.