,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ebfi ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjad ,ms4 ,speier 7for herself1 ,mr4 ,meehan1 ,ms4 ,lee of ,california1 ,ms4 ,jackson ,lee1 ,ms4 ,norton1 and ,ms4 ,chu7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 #aife to increase transparency and reporting on campus sexual violence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hold ,accountable and ,lend ,transparency on ,campus ,sexual ,violence ,act or the ,,halt ,campus ,sexual ,violence ,act4 #b4 ,disclosure of ,enforcement ,actions 7a7 ,disclosure of program reviews and open investigations ,the ,department of ,education ,organization ,act is amended-- 7#a7 in section #bjc7;b7 7#bj ,u4,s4,c4 #cdac7;b77 by adding at the end the following3 7#c7 ,the ,assistant ,secretary for ,civil ,rights shall make publicly available on the ,department's website1 a list of institutions under investigation1 and a copy of program reviews and resolution agreements entered into with the ,secretary or ,attorney ,general1 under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 or title ,,iv of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;c et seq474 7#d7 ,not later than #cj days after the termination of the resolution agreements described in paragraph 7#c71 the ,assistant ,secretary for ,civil ,rights shall transmit to the ,secretary1 the ,president1 and the ,congress1 and make publicly available on the ,department's website1 the letter terminating the ,department of ,education's monitoring of such agreements4 2 and 7#b7 in section #bje 7#bj ,u4,s4,c4 #cdae7 by adding at the end the following3 7c7 ,the ,assistant ,secretary for ,postsecondary ,education shall make publicly available on the ,department's website1 a list of institutions under investigation1 and a copy of the program reviews1 fines levied1 and resolution agreements entered into with the ,secretary or ,attorney ,general1 under subsection #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f774 4 7b7 ,inspector ,general ,no later than ,january #a1 #bjaf1 the ,inspector ,general of the ,department of ,education shall submit to ,congress and make publicly available1 a report reviewing compliance of sections 7#c7 and 7#d7 of section #bjc7;b7 and section #bje7;c7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;b72 #bdae71 as added by subsection 7a7 of this section4 #c4 ,authority to ,levy ,fines ,section #bjc7;c7 of the ,department of ,education ,organization ,act is amended-- 7#a7 by striking and at the end of paragraph 7#c72 7#b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 to impose a civil penalty to be paid by institution of higher education that has violated a law under the jurisdiction of the ,office for ,civil ,rights1 the amount of which shall be determined by the gravity of the violation1 and the imposition of which shall not preclude other remedies available under ,federal law4 4 #d4 ,climate surveys ,paragraph 7#a7 of section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is further amended by adding at the end the following3 7,k7 ,beginning ,october #a1 #bjaf1 statistics based upon a sexual violence climate survey conducted not later than ,april #a1 #bjae1 and every year thereafter-- 7i7 which is developed and approved by the ,secretary1 in consultation with the ,director of the ,centers for ,disease ,control of the ,department of ,health and ,human ,services and the ,attorney ,general1 except that the ,national ,intimate ,partner and ,sexual ,violence ,survey developed by the ,national ,center for ,injury ,prevention and ,control of the ,centers for ,disease ,control and ,prevention may be used for purposes of this subparagraph until the sexual violence climate survey has been developed2 and 7ii7 which assesses the occurrence on campus or in a noncampus building or property during the preceding calendar year for which data is available of-- 7,i7 instances of domestic violence1 dating violence1 sexual assault1 and stalking2 7,,ii7 indicators of discrimination1 and positive and negative trends for intimate relationships regardless of gender or sexual orientation2 7,,iii7 the effectiveness of campus policies designed to improve relationships between students regardless of gender or sexual orientation2 7,,iv7 the effectiveness of current processes for complaints on and investigations into sex-based1 race-based1 national origin-based1 sexual-orientation based1 gender-identity based1 and disability-based harassment1 assault1 discrimination1 domestic violence1 dating violence1 and stalking2 7,v7 perpetration of domestic violence1 dating violence1 sexual assault1 and stalking2 and 7,,vi7 any other issues relating to sex-based1 race-based1 national origin-based1 sexual-orientation based1 gender-identity based1 and disability-based discrimination1 harassment1 assault1 domestic violence1 dating violence1 and assault1 as appropriate4 4 #e4 ,creation of a private right of action ,section #dhe7;f77#ad7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#ad77 is amended to read as follows3 7#ad7 7,a7 ,subject to subparagraph 7,c71 an aggrieved individual may allege a violation of this subsection in a judicial proceeding4 ,a court may award an aggrieved individual all appropriate relief1 including equitable relief1 compensatory damages1 cost of the action1 and remedial action4 7,b7 ,this paragraph shall not be construed to preclude an aggrieved individual from obtaining other remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice-of-claim requirement before seeking redress under this paragraph4 7,c7 ,for actions brought pursuant to this paragraph1 the statute of limitations period shall be determined in accordance with section #afeh7;a7 of title #bh1 ,united ,states ,code4 ,the tolling of any such limitations period shall be determined in accordance with section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc7 in the forum ,state4 4 #f4 ,increase of ,clery ,act penalties ,section #dhe7;f77#ac7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#ac77 is amended-- 7#a7 by striking in the same amount and2 and 7#b7 by inserting before the period at the end the following3 1 except that such section shall be applied by substituting #ajj1jjj for #be1jjj4 #g4 ,notification of policies aimed at prevention of sexual violence 7a7 ,in general ,paragraph 7#h7 of section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended by adding at end the following3 7,d7 ,the policy described in subparagraph 7,a7 shall be-- 7i7 using simple and understandable language and clear formatting2 and 7ii7 made available and posted on the institution's public website1 and in conspicuous places in and around student housing1 dormitories1 and academic buildings where students are likely to see it4 7,e7 ,the policy described in subparagraph 7,a7 shall be provided1 on an annual basis1 to each student group1 student team1 or student organization which is part of such institution1 is recognized by the institution1 or permitted by the institution to use its name or facilities or is known by the institution to act as an unaffiliated student group1 student team1 or student organization1 and each institution of higher education described in subparagraph 7,a7 shall ensure that each such group1 team1 or organization distributes a copy of such policy to each of its members1 plebes1 pledges1 or applicants for membership4 7,f7 ,an institution's compliance with subparagraph 7,e7 with respect to an unaffiliated student group1 student team1 or student organization shall not constitute evidence of the institution's recognition or endorsement of such unaffiliated group1 team1 or organization4 4 7b7 ,comptroller review ,not later than ,august #a1 #bjaf1 the ,comptroller ,general of the ,united ,states shall report to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate on-- 7#a7 the implementation of section #dhe7;f77#h7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#h771 as amended by subsection 7a7 of this section1 including-- 7,a7 the extent to which institutions of higher education have developed the statement of policy required under subparagraph 7,a7 of such section #dhe7;f77#h7 7#bj ,u4,s4,c4 #ajib7;f77#h772 7,b7 how institutions of higher education are-- 7i7 distributing such statement of policy2 and 7ii7 determining whether the policy is received and understood by students2 and 7,c7 the ,secretary of ,education's oversight of the compliance of institutions of higher education with respect to the statement of policy requirements under such section #dhe7;f77#h7 7#bj ,u4,s4,c4 #ajib7;f77#h771 including efforts1 in consultation with the ,attorney ,general1 to provide technical assistance to institutions of higher education in complying with such requirements2 and 7#b7 any changes in the numbers of sex offenses1 sexual assaults1 domestic violence1 dating violence1 sexual assault or stalking incidents reported to campus security authorities or local police agencies as indicated by the annual security reports distributed under paragraph 7#a7 of section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f774 #h4 ,campus sexual violence task force 7a7 ,campus sexual violence task force ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,education and the ,attorney ,general shall create a joint interagency task force to be known as the ,campus ,sexual ,violence ,task ,force that shall-- 7#a7 provide pertinent information to the ,secretary of ,education1 ,attorney ,general1 ,congress1 and the public with respect to campus sexual violence prevention1 investigations1 and responses1 including the creation of a consistent1 public complaint processes for violations of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 and section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f7 et seq472 7#b7 provide guidance to institutions of higher education for establishing sexual assault prevention and response teams2 7#c7 develop recommendations for institutions of higher education on providing survivor resources1 including healthcare1 rape kits1 sexual assault nurse examiners1 and confidential advocates on campus2 7#d7 develop recommendations for best practices for responses and prevention with respect to sexual violence for educational institutions1 taking into consideration an institution's size and resources2 7#e7 solicit input from survivors1 advocates1 institutions of higher education1 and other public stakeholders2 7#f7 review the ,department of ,education's authority under section #ijb of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afhb7 to levy intermediate fines for noncompliance with title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 and the advisability of additional remedies for such noncompliance1 in addition to the remedies already available under ,federal law2 and 7#g7 create a plan described in subsection 7c74 7b7 ,personnel details 7#a7 ,authority to detail ,notwithstanding any other provision of law1 the head of an element of any ,federal agency that is funded under the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe et seq47 may detail an officer or employee of such element to the ,campus ,sexual ,violence ,task ,force or to the ,secretary of ,education to assist the ,task ,force with the duties described in subsection 7a71 as jointly agreed to by the head of such element and the ,task ,force4 7#b7 ,basis for detail ,a personnel detail made under paragraph 7#a7 may be made-- 7,a7 for a period of not more than #c years2 and 7,b7 on a reimbursable or nonreimbursable basis4 7c7 ,additional plan ,not later than #bgj days after the date of enactment of this ,act1 the ,campus ,sexual ,violence ,task ,force shall submit to ,congress a plan for recruiting1 retaining1 and training a highly qualified workforce employed by the ,department of ,education to carry out investigation of complaints alleging a violation of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 or section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f771 and enforcement of such title ,,ix 7#bj ,u4,s4,c4 #afha et seq47 or such section #dhe7;f7 7#bj ,u4,s4,c4 #ajib7;f771 with respect to campus sexual violence4 ,such plan shall include-- 7#a7 an assessment of the capabilities of the current workforce carrying out such investigation and enforcement2 7#b7 an examination of issues of recruiting1 retention1 and the professional development of such workforce1 including the possibility of providing retention bonuses or other forms of compensation for the purpose of ensuring the ,department of ,education has the capacity1 in both personnel and skills1 needed to properly perform its mission and provide adequate oversight of educational institutions2 7#c7 an assessment of the benefits of outreach and training with both law enforcement agencies and institutions of higher education with respect to such workforce2 7#d7 developing best practices for interviewing and investigating sexual violence1 including guidance on evidentiary standards for administrative responses2 7#e7 an examination of best practices for making institutions of higher education aware of the most effective campus sexual violence prevention1 investigation1 and response practices and identifying areas where more research should be conducted2 and 7#f7 strategies for addressing such other matters as the ,secretary of ,education considers necessary to campus sexual violence prevention1 investigation1 and responses4 7d7 ,annual report ,the ,campus ,sexual ,violence ,task ,force shall report to ,congress on an annual basis1 and make publicly available1 a report of its activities and any update of the plan required under subsection 7c7 7#bj ,u4,s4,c4 #ajib7;f771 including the number of complaints received regarding sexual violence 7including violence on the basis of sexual orientation and gender identity71 the number of open investigations1 the average time to complete an investigation1 the number of investigations initiated based on complaints1 and the number of investigations initiated by the ,department of ,education4 7e7 ,authorization of appropriations 7#a7 ,title ,,ix of the ,education ,amendments of #aigb ,there are authorized to be appropriated for training1 hiring1 and retaining a workforce exclusively dedicated to investigation and enforcement of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 provisions with respect to sexual violence1 for fiscal year #bjae and each of the #d succeeding fiscal years1 an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year #bjad plus #e1jjj1jjj4 7#b7 ,section #dhe7;f7 of the ,higher ,education ,act of #aife ,there are authorized to be appropriated for training1 hiring1 and retaining a workforce exclusively dedicated to investigation and enforcement of section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f771 for fiscal year #bjae and each of the #d succeeding fiscal years1 an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year #bjad plus #e1jjj1jjj4 7f7 ,definitions ,in this section3 7#a7 ,the term educational institution includes an institution of higher education1 an elementary school1 or a secondary school4 7#b7 ,the terms elementary school and secondary school have the meanings given the terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#c7 ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#d7 ,the term sexual assault means offense that meets the definition of rape1 fondling1 incest1 or statutory rape under-- 7,a7 the ,uniform ,crime ,report of the ,federal ,bureau of ,investigation2 and 7,b7 the proposed regulations published by the ,department of ,education in the ,federal ,register on ,june #bj1 #bjad1 for appendix ,a of subpart ,d of part #ffh1 ,code of ,federal ,regulations 7#gi ,fed4 ,reg4 #cedfa74 #i4 ,conforming amendments ,section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended-- 7#a7 in paragraph 7#a77;,f77i77,,ii71 by striking sex offenses1 forcible or nonforcible and inserting sexual assault2 and 7#b7 by amending paragraph 7#f77;,a77v7 to read as follows3 7v7 ,the term sexual assault has the meaning of an offense that meets the definition of rape1 fondling1 incest1 or statutory rape under-- 7,i7 the ,uniform ,crime ,report of the ,federal ,bureau of ,investigation2 and 7,,ii7 the proposed regulations published by the ,department of ,education in the ,federal ,register on ,june #bj1 #bjad1 for appendix ,a of subpart ,d of part #ffh1 ,code of ,federal ,regulations 7#gi ,fed4 ,reg4 #cedfa74 4