,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccha ,,in ,,the ,,house ,,of ,,representatives ,june #bj1 #bjai,ms4 ,speier 7for herself1 ,mr4 ,fitzpatrick1 ,ms4 ,kuster of ,new ,hampshire1 ,ms4 ,adams1 ,ms4 ,moore1 ,ms4 ,jackson ,lee1 ,mr4 ,sherman1 ,mr4 ,tonko1 ,ms4 ,schakowsky1 ,mrs4 ,dingell1 ,miss ,rice of ,new ,york1 ,ms4 ,lee of ,california1 ,mr4 ,aguilar1 ,ms4 ,castor of ,florida1 ,ms4 ,brownley of ,california1 ,ms4 ,wilson of ,florida1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,ms4 ,norton1 ,ms4 ,frankel1 ,ms4 ,de,lauro1 ,ms4 ,meng1 ,mr4 ,hastings1 ,ms4 ,roybal-,allard1 ,mr4 ,swalwell of ,california1 ,mr4 ,cohen1 ,ms4 ,slotkin1 ,mr4 ,ryan1 ,ms4 ,clark of ,massachusetts1 ,mr4 ,lujn1 ,ms4 ,escobar1 ,ms4 ,titus1 ,ms4 ,pressley1 ,mr4 ,cisneros1 ,mr4 ,deutch1 ,mr4 ,smith of ,washington1 and ,ms4 ,velzquez7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 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 7#bj ,u4,s4,c4 #cdja et seq47 is amended-- 7#a7 in section #bjc7;b7 7#bj ,u4,s4,c4 #cdac7;b771 by adding at the end the following new paragraphs3 7#c7 ,the ,assistant ,secretary for ,civil ,rights shall make publicly available on the ,department's website a list of institutions under investigation1 the sanctions 7if any7 or findings issued pursuant to such investigations1 and a copy of program reviews and resolution agreements1 including voluntary resolution agreements1 entered into with the ,secretary or ,attorney ,general 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 #cdae71 by adding at the end the following new subsection3 7c7 ,the ,assistant ,secretary for ,postsecondary ,education shall make publicly available on the ,department's website a list of institutions under investigation1 the sanctions 7if any7 or findings issued pursuant to such investigations1 and a copy of program reviews and resolution agreements entered into with the ,secretary or ,attorney ,general under subsection #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f774 4 7b7 ,inspector ,general ,not later than one year after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,education shall submit to ,congress and make publicly available a report reviewing compliance with paragraphs 7#c7 and 7#d7 of section #bjc7;b7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;b77 and section #bje7;c7 of such ,act 7#bj ,u4,s4,c4 #cdae71 as added by subsection 7a74 #c4 ,disclosures of requests for exemptions under title ,,ix ,section #bjc7;b7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;b77 is further amended by adding at the end the following new paragraph3 7#e7 ,the ,assistant ,secretary for ,civil ,rights shall make publicly available on the ,department's website a list of institutions that have requested to be exempt from title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 4 #d4 ,authority to ,levy ,fines ,section #bjc7;c7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7 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 following new paragraph3 7#e7 to impose a civil penalty to be paid by an institution of higher education that has violated a law under the jurisdiction of the ,office for ,civil ,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 #e4 ,climate surveys ,paragraph 7#a7 of section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended by adding at the end the following new subparagraph3 7,k7 ,beginning #ah months after the date of enactment of the ,,halt ,campus ,sexual ,violence ,act1 statistics based upon a sexual violence climate survey conducted not later than one year after such date of enactment1 and conducted1 reviewed1 and updated every #b years 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 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 sexual violence1 sexual harassment1 and stalking2 7,,ii7 whether the instances described in subclause 7,i7 were experienced in-person or through electronic means2 7,,iii7 indicators of discrimination1 and positive and negative trends for intimate relationships that incorporates information about gender identity and sexual orientation2 7,,iv7 the effectiveness of campus sexual violence awareness and prevention programs and policies for the overall student body and different student populations1 such as students of color1 students in the ,,lgbtq communities1 immigrant students1 pregnant and parenting students1 and students with disabilities2 7,v7 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,,vi7 student's awareness of campus policies and procedures1 including the location and process for accessing campus resources such as the title ,,ix coordinator designated by the institution pursuant to title ,,ix of the ,education ,amendments of #aigb2 7,,vii7 whether individuals impacted by sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking have experienced negative effects on their education1 including diminished grades1 dropped classes1 leaves of absence2 7,,viii7 whether individuals impacted by sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking have experienced negative financial consequences1 including costs associated with loss in paid tuition due to leaves of absence1 loss in scholarship awards due to diminished grades1 counseling1 medical services1 or housing changes2 7,,ix7 what training is being provided to faculty and staff on policies and procedures pertaining to sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking1 including best practices in prevention2 7,x7 whether the perpetrator of sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking was a student and other contextual factors1 such as whether force1 incapacitation1 or coercion was involved2 7,,xi7 whether individuals impacted by sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking reported such sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking2 7,,xii7 if such an individual did so report1 to whom they reported1 and what response the survivor received2 7,,xiii7 if such an individual reported to the institution of higher education1 did the institution conduct an investigation and how long did the investigation take2 7,,xiv7 campus community members'1 such as students1 full-time and part-time staff and faculty1 and administration officials1 attitudes toward sexual violence and harassment1 including individuals' willingness to intervene as a bystander of sex-based1 race-based1 national origin-based1 sexual orientation-based1 gender identity-based1 and disability-based discrimination1 harassment1 assault1 domestic violence1 dating violence1 and stalking2 7,,xv7 campus community members'1 such as students1 full-time and part-time staff and faculty1 and administration officials1 perception of campus safety and confidence in the institution's ability to appropriately address sex-based1 race-based1 national origin-based1 sexual orientation-based1 gender identity-based1 and disability-based discrimination1 harassment1 assault1 domestic violence1 dating violence1 and stalking2 and 7,,xvi7 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 stalking1 as appropriate2 and 7iii7 which shall be made publicly available and readily accessible to and usable by individuals1 including individuals with disabilities1 on the institution's website1 including on webpages directed at prospective and current students4 4 #f4 ,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 #g4 ,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 expect that such section shall be applied by substituting #ajj1jjj for #be1jjj4 #h4 ,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 the end the following new subparagraphs3 7,d7 ,the statement of policy described in subparagraph 7,a7 shall be-- 7i7 written using simple and understandable language and clear formatting2 and 7ii7 made widely available and posted on the institution's public website in a manner that is readily accessible to and usable by individuals1 including individuals with disabilities1 and in conspicuous places1 including places in and around student housing1 residence halls1 student health centers1 student recreation centers1 the main student center on campus1 academic buildings1 libraries1 and athletic facilities1 where students congregate and are likely to see it4 7,e7 ,the statement of 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 members as well as each of its applicants for membership1 including plebes1 pledges1 or similar applicants4 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 ,general ,review ,not later than ,august #a1 #bjba1 the ,comptroller ,general shall report to the ,committee on ,education and ,labor 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 7a71 including-- 7,a7 the extent to which institutions of higher education have developed the statement of policy required under subparagraph 7,a7 of such section2 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 section1 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 dating violence1 domestic violence1 sexual assault1 or stalking incidents reported to campus security authorities or local police agencies as indicated by the annual security reports distributed under section #dhe7;f77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#a77 or the climate survey established in ,section #d of this ,act4 #i4 ,campus sexual violence task force 7a7 ,campus sexual violence task force ,not later than ,september #a1 #bjba1 the ,secretary of ,education1 the ,secretary of ,health and ,human ,services1 and the ,attorney ,general shall establish 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 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;f772 7#b7 provide recommendations 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 sexual assault kits1 sexual assault nurse examiners1 culturally responsive and inclusive standards of care1 trauma-informed services1 and access to confidential advocacy and support services2 7#d7 develop recommendations in conjunction with student groups at greater statistical risk of perpetuating rape culture such as fraternities and athletic departments for best practices for responses and prevention with respect to sexual violence and dating violence for educational institutions1 taking into consideration an institution's size and resources2 7#e7 develop recommendations on culturally responsive and inclusive approaches to supporting survivors1 which include consideration of race1 ethnicity1 national origin1 immigrant status1 gender identity1 sexual orientation1 ability1 socio-economic status1 exposure to trauma1 and other compounding factors2 7#f7 solicit periodic input from a diverse group of survivors1 trauma specialists1 advocates from national1 ,state1 and local anti-sexual violence advocacy organizations1 institutions of higher education1 and other public stakeholders2 7#g7 assess the ,department of ,education's ability 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#h7 create a plan described in subsection 7c74 7b7 ,personnel details 7#a7 ,authority to detail ,notwithstanding any other provision of law1 the head of a component 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 component 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 component 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 #ij days after the date on which the ,campus ,sexual ,violence ,task ,force is established under subsection 7a71 the ,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 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#e7 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 7c71 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 #bjba 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 #bjbj plus #e1jjj1jjj4 7#b7 ,section #dhe7;f7 of the ,higher ,education ,act of #aife ,there is 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 #bjba 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 #bjbj 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 has the meaning of an 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 final regulations published by the ,department of ,education in the ,federal ,register on ,october #bj1 #bjad1 for ,appendix ,a of subpart ,d of part #ffh1 ,code of ,federal ,regulations 7#gi ,fed4 ,reg4 #fbgeb74 #aj4 ,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 final regulations published by the ,department of ,education in the ,federal ,register on ,october #bj1 #bjad1 for ,appendix ,a of subpart ,d of part #ffh1 ,code of ,federal ,regulations 7#gi ,fed4 ,reg4 #fbgeb74 4