[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4898 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4898
To amend the Higher Education Act of 1965 to increase transparency and
reporting on campus sexual violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2021
Ms. Speier (for herself, Mr. Fitzpatrick, Ms. Kuster, Mr. Takano, Ms.
Lee of California, Ms. Velazquez, Mr. Swalwell, Mr. Smith of
Washington, Ms. Matsui, Ms. Norton, Ms. Slotkin, Ms. Brownley, Mrs.
Watson Coleman, Ms. Moore of Wisconsin, Ms. Meng, Ms. Chu, Ms. Wilson
of Florida, Mr. Yarmuth, Ms. Adams, Mr. DeSaulnier, Mr. Cicilline, Mr.
Payne, Ms. Ross, Mr. Lowenthal, Ms. Roybal-Allard, Ms. Lois Frankel of
Florida, Mr. Sherman, Mr. Lawson of Florida, Ms. Dean, Ms. Schakowsky,
Mrs. Dingell, Mr. Auchincloss, Ms. Escobar, Ms. Clarke of New York, Ms.
Pressley, Ms. Titus, Mr. Welch, Mrs. Lawrence, and Mr. Casten)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to increase transparency and
reporting on campus sexual violence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hold Accountable and Lend
Transparency on Campus Sexual Violence Act of 2021'' or the ``HALT
Campus Sexual Violence Act of 2021''.
SEC. 2. DISCLOSURE OF ENFORCEMENT ACTIONS.
(a) Disclosure of Program Reviews and Open Investigations.--The
Department of Education Organization Act (20 U.S.C. 3401 et seq.) is
amended--
(1) in section 203(b) (20 U.S.C. 3413(b)), by adding at the
end the following new paragraphs:
``(3) The Assistant Secretary for Civil Rights shall make publicly
available on the Department's website a list of each institution under
investigation for a possible violation of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) or title IV of the Civil
Rights Act of 1964 (42 U.S.C. 2000c et seq.), the sanctions (if any) or
findings issued pursuant to such investigation, and a copy of final
program reviews and resolution agreements, including voluntary
resolution agreements, entered into by such institution with the
Secretary or Attorney General under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) or title IV of the Civil
Rights Act of 1964 (42 U.S.C. 2000c et seq.).
``(4) Not later than 30 days after the termination of any
resolution agreement described in paragraph (3), the Assistant
Secretary for Civil Rights shall transmit to the President and the
Congress, and make publicly available on the Department's website, the
letter terminating the Department of Education's monitoring of such
agreement.''; and
(2) in section 205 (20 U.S.C. 3415), by adding at the end
the following new subsection:
``(c) The Assistant Secretary for Postsecondary Education shall
make publicly available on the Department's website a list of each
institution under investigation for a possible violation of section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), the
sanctions (if any) or findings issued pursuant to such investigation,
and a copy of program reviews and resolution agreements entered into by
such institution with the Secretary or Attorney General under such
section 485(f) (20 U.S.C. 1092(f)).''.
(b) Inspector General.--Not later than one year after the date of
enactment of this Act, the Inspector General of the Department of
Education shall submit to Congress and make publicly available a report
reviewing compliance with paragraphs (3) and (4) of section 203(b) of
the Department of Education Organization Act (20 U.S.C. 3413(b)) and
section 205(c) of such Act (20 U.S.C. 3415), as added by subsection
(a).
SEC. 3. DISCLOSURES OF REQUESTS FOR EXEMPTIONS UNDER TITLE IX.
Section 203(b) of the Department of Education Organization Act (20
U.S.C. 3413(b)) is further amended by adding at the end the following
new paragraph:
``(5) The Assistant Secretary for Civil Rights shall make publicly
available and easily accessible on the Department's website a list of
each institution that has requested to be exempt from title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.).''.
SEC. 4. AUTHORITY TO LEVY FINES.
Section 203(c) of the Department of Education Organization Act (20
U.S.C. 3413) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) to impose a civil penalty to be paid by an
institution that has violated a law under the jurisdiction of
the Office for Civil Rights, the amount of which shall be
determined by the gravity of the violation, and the imposition
of which shall not preclude other remedies available under
Federal law.''.
SEC. 5. CLIMATE SURVEYS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092f) is amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17) the following:
``(18) Online Survey Tool for Campus Safety.--
``(A) In general.--The Secretary shall, in consultation
with the Attorney General, Director of the Centers for Disease
Control, and the Secretary of the Department of Health and
Human Services and experts in domestic violence, dating
violence, sexual assault, sexual harassment, and stalking,
develop, design, and make available through a secure and
accessible online portal, a standardized online survey tool
regarding student experiences with domestic violence, dating
violence, sexual assault, sexual harassment, and stalking.
``(B) Development of survey tool.--In developing the survey
tool required under subparagraph (A), the Secretary shall--
``(i) use best practices from peer-reviewed
research measuring domestic violence, dating violence,
sexual assault, sexual harassment, and stalking;
``(ii) consult with the higher education community,
experts in survey research related to domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking, and organizations engaged in
the prevention of and response to, and advocacy on
behalf of victims of, domestic violence, dating
violence, sexual assault, sexual harassment, and
stalking regarding the development and design of such
survey tool and the methodology for administration of
such survey tool; and
``(iii) ensure that the survey tool is readily
accessible to and usable by individuals with
disabilities.
``(C) Elements.--
``(i) In general.--The survey tool developed
pursuant to this paragraph shall be fair and unbiased,
scientifically valid and reliable, and meet the highest
standards of survey research.
``(ii) Survey questions.--Survey questions included
in the survey tool developed pursuant to this paragraph
shall--
``(I) be designed to gather information on
student experiences with domestic violence,
dating violence, sexual assault, sexual
harassment, and stalking, including the
experiences of victims of such incidents;
``(II) use trauma-informed language to
prevent retraumatization; and
``(III) include--
``(aa) questions that give students
the option to report their demographic
information;
``(bb) questions designed to
determine the incidence and prevalence
of domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking whether the incident occurred
on or off campus, and whether carried
out in whole or in part through the use
of electronic messaging services,
commercial mobile services, electronic
communications, or other technology;
``(cc) questions regarding whether
students know about institutional
policies and procedures related to
domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking;
``(dd) questions designed to
determine, if victims reported domestic
violence, dating violence, sexual
assault, sexual harassment, or
stalking--
``(AA) to whom the incident
was reported and what response
the victim may have received;
``(BB) whether the victim
was informed of, or referred
to, national, State, local, or
on-campus resources; and
``(CC) whether the entity
to whom the victim reported the
incident conducted an
investigation and the duration
and final resolution of such an
investigation;
``(ee) questions regarding
contextual factors, such as whether
force, incapacitation, or coercion was
involved;
``(ff) questions to determine
whether an accused individual was a
student at the institution;
``(gg) questions to determine
whether a victim reported an incident
to State, local, or campus law
enforcement;
``(hh) questions to determine why
the victim chose to report or not
report an incident to the institution
of higher education or State, local, or
campus law enforcement;
``(ii) questions to determine the
impact of domestic violence, dating
violence, sexual assault, sexual
harassment, and stalking on the
victim's education, including
diminished grades, dropped classes,
leaves of absence, and negative
financial consequences (such as costs
associated with loss in paid tuition
due to leaves of absence, loss in
scholarship awards due to diminished
grades, and cost associated with
counseling, medical services, or
housing changes);
``(jj) questions to determine the
impact and effectiveness of prevention
and awareness programs and complaints
processes for the overall student body
and different student populations that
identify as--
``(AA) students of color;
``(BB) LGBTQ students;
``(CC) immigrant students;
``(DD) pregnant, expectant,
or parenting students; or
``(EE) students with
disabilities;
``(kk) questions to determine
attitudes toward sexual violence and
harassment, including the willingness
of individuals to intervene as a
bystander of sex-based (including
sexual orientation-based and gender
identity-based), race-based, national
origin-based, and disability-based
discrimination, harassment, assault,
domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking; and
``(ll) other questions, as
determined by the Secretary.
``(iii) Additional elements.--In addition to the
standardized questions developed by the Secretary under
clause (ii), an institution may request additional
information from students that would increase the
understanding of the institution of school climate
factors unique to their campuses.
``(iv) Responses.--The responses to the survey
questions described in clause (ii) shall--
``(I) be submitted confidentially;
``(II) not be included in crime statistics;
and
``(III) in the case of such responses being
included in a report, shall not include
personally identifiable information.
``(D) Administration of survey.--
``(i) Federal administration.--The Secretary, in
consultation with the Attorney General, Director of the
Centers for Disease Control, and Secretary of the
Department of Health and Human Services, shall develop
a mechanism by which institutions of higher education
may, with respect to the survey tool developed pursuant
to this paragraph--
``(I) administer such survey tool; and
``(II) modify such survey tool to include
additional elements or requirements, as
determined by the institution.
``(ii) Costs.--The Secretary may not require an
institution of higher education to pay to modify the
survey tool in accordance with clause (i)(II).
``(iii) Accessibility.--The Secretary shall ensure
that the survey tool is administered in such a way as
to be readily accessible to and usable by individuals
with disabilities.
``(iv) Institutional administration.--Beginning not
later than one year after the date on which the
Secretary makes available to institutions of higher
education the mechanism described in clause (i), and
every two years thereafter, each institution of higher
education shall administer the survey tool developed
pursuant to this paragraph.
``(E) Completed surveys.--The Secretary shall require each
institution of higher education participating in any program
under this title to ensure, to the maximum extent practicable,
that an adequate, random, and representative sample size of
students (as determined by the Secretary) enrolled at the
institution of higher education complete the survey tool
developed pursuant to this paragraph.
``(F) Report.--Beginning not later than two years after the
date of enactment of the HALT Campus Sexual Violence Act of
2021, and every 2 years thereafter, the Secretary shall--
``(i) prepare a biennial report on the information
gained from the standardized elements of the survey
under this paragraph, which shall include campus-level
data for each institution of higher education and
attributed by name of each campus in a manner that
permits comparisons across institutions of higher
education and campuses;
``(ii) publish such report in an accessible format
on the website of the Department; and
``(iii) submit to Congress such report.
``(G) Publication.--Each institution shall publish, in a
manner that is readily accessible and usable by individuals,
including individuals with disabilities--
``(i) the campus-level results of the standardized
elements of the survey under this paragraph on the
website of the institution and in the annual security
report required under paragraph (1) for the campuses
affiliated with the institution; and
``(ii) the campus-level results of the additional
elements modifying the survey by the institution of
higher education, if any, on the website of the
institution.
``(H) Violation.--Upon a determination pursuant to section
487(c)(3)(B) that an institution of higher education has
violated or failed to carry out any provision under this
subsection, the Secretary shall impose a civil penalty upon the
institution pursuant to the same procedures as a civil penalty
is imposed under section 487(c)(3)(B), except that such section
shall be applied by substituting `$100,000' for `$25,000'.''.
SEC. 6. CREATION OF A PRIVATE RIGHT OF ACTION.
Section 485(f)(14) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(14)) is amended to read as follows:
``(14)(A) An individual may bring an action against an institution
of higher education for a violation of this subsection in an
appropriate district court of the United States. In a proceeding under
this paragraph, a court may award a plaintiff who has suffered or may
suffer damages as a result of noncompliance with this subsection all
appropriate relief, including equitable relief, compensatory damages,
cost of the action, and remedial action.
``(B) This paragraph shall not be construed to preclude an
individual from obtaining any other remedy that is available under any
other provision of law or to require such individual to exhaust any
administrative complaint process or notice-of-claim requirement before
seeking redress under this paragraph.''.
SEC. 7. INCREASE OF CLERY ACT PENALTIES.
Section 485(f)(13) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(13)) is amended--
(1) by striking ``in the same amount and''; and
(2) by inserting before the period at the end the
following: ``, except that such section shall be applied by
substituting `$100,000' for `$25,000'''.
SEC. 8. NOTIFICATION OF POLICIES AIMED AT PREVENTION OF SEX-BASED
HARASSMENT AND VIOLENCE.
(a) In General.--Paragraph (8) of section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)) is amended by adding at the
end the following new subparagraphs:
``(D) The statement of policy described in subparagraph (A) shall
be--
``(i) written using simple and understandable language and
clear formatting; and
``(ii) made widely available and posted on the
institution's public website in a manner that is readily
accessible to and usable by individuals, including individuals
with disabilities.
``(E) The statement of policy described in subparagraph (A) shall
be provided, on an annual basis, to each student group, student team,
or student organization which is part of such institution, is
recognized by the institution, or permitted by the institution to use
its name or facilities or is known by the institution to act as an
unaffiliated student group, student team, or student organization, and
each institution of higher education described in subparagraph (A)
shall require that each such group, team, or organization distributes a
copy of such policy to each of its members as well as each of its
applicants for membership, including plebes, pledges, or similar
applicants.
``(F) An institution's compliance with subparagraph (E) with
respect to an unaffiliated student group, student team, or student
organization shall not constitute evidence of the institution's
recognition or endorsement of such unaffiliated group, team, or
organization.''.
(b) Comptroller General Review.--Not later than August 1, 2022, the
Comptroller General shall report to the Committee on Education and
Labor of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate on--
(1) the implementation of section 485(f)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(8)), as amended by
subsection (a), including--
(A) the extent to which institutions of higher
education have developed the statement of policy
required under subparagraph (A) of such section;
(B) how institutions of higher education are--
(i) distributing such statement of policy;
and
(ii) determining whether the policy is
received and understood by students; and
(C) the Secretary of Education's oversight of the
compliance of institutions of higher education with
respect to the statement of policy requirements under
such section, including efforts, in consultation with
the Attorney General, to provide technical assistance
to institutions of higher education in complying with
such requirements; and
(2) any changes in the numbers of dating violence, domestic
violence, sexual assault, or stalking incidents reported to
campus security authorities or local police agencies as
indicated by the annual security reports distributed under
section 485(f)(1) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)(1)), as amended by this Act, or the climate
surveys under section 485(f)(18) of such Act, as amended by
section 5 of this Act.
SEC. 9 TASK FORCE ON SEX-BASED HARASSMENT AND VIOLENCE IN EDUCATION.
(a) Task Force on Sex-Based Harassment and Violence in Education.--
Not later than September 1, 2022, the Secretary of Education, the
Secretary of Health and Human Services, and the Attorney General shall
establish a joint interagency task force to be known as the ``Task
Force on Sex-Based Harassment and Violence in Education'' that shall--
(1) provide pertinent information to the Secretary of
Education, Attorney General, Congress, and the public with
respect to prevention of, investigation of, and responses to
domestic violence, dating violence, sexual harassment, sexual
assault, and stalking at institutions of higher education;
(2) provide recommendations to educational institutions for
establishing prevention and response teams for domestic
violence, dating violence, sexual harassment, sexual assault,
and stalking;
(3) develop recommendations for educational institutions on
providing victim resources, including health care, sexual
assault kits, sexual assault nurse examiners, culturally
responsive and inclusive standards of care, trauma-informed
services, and access to confidential advocacy and support
services;
(4) provide recommendations for educational institutions
for research-based education programs or other training for
students shown to be effective to prevent domestic violence,
dating violence, sexual harassment, sexual assault, and
stalking;
(5) 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 prevention of and response to domestic violence,
dating violence, sexual harassment, sexual assault, and
stalking at educational institutions, taking into consideration
an institution's size and resources;
(6) develop recommendations for educational institutions on
sex education, as appropriate, training for school staff, and
various equitable discipline models;
(7) develop recommendations on culturally responsive and
inclusive approaches to supporting victims, which include
consideration of race, ethnicity, national origin, immigrant
status, gender identity, sexual orientation, ability,
disability, socioeconomic status, exposure to trauma, and other
compounding factors;
(8) solicit periodic input from a diverse group of victims,
trauma specialists, advocates from national, State, and local
organizations that combat domestic violence, dating violence,
sexual harassment, sexual assault, and stalking, educational
institutions, and other public stakeholders;
(9) assess the Department of Education's ability under
section 902 of the Education Amendments of 1972 (20 U.S.C.
1682) to levy intermediate fines for noncompliance with title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
and the advisability of additional remedies for such
noncompliance, in addition to the remedies already available
under Federal law; and
(10) create a plan described in subsection (c).
(b) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of a component of any Federal agency
that is funded under the Violence Against Women Act of 1994 (42
U.S.C. 13925 et seq.) may detail an officer or employee of such
component to the Task Force on Sex-Based Harassment and
Violence in Education or to the Secretary of Education to
assist the Task Force with the duties described in subsection
(a), as jointly agreed to by the head of such component and the
Task Force.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(c) Additional Plan.--Not later than 90 days after the date on
which the Task Force on Sex-Based Harassment and Violence in Education
is established under subsection (a), the Task Force shall submit to
Congress recommendations for recruiting, retaining, and training a
highly qualified workforce employed by the Department of Education to
carry out investigation of complaints alleging a violation of title IX
of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), and
enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section
485(f) (20 U.S.C. 1092(f)), with respect to domestic violence, dating
violence, sexual harassment, sexual assault, and stalking in education.
Such plan shall include--
(1) an assessment to identify current gaps or challenges
carrying out such investigation and enforcement, which may
include surveying current investigative workforce to solicit
feedback on areas in need of improvement;
(2) an examination of issues of recruiting, retention, and
the professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation for the purpose of ensuring the Department of
Education has the capacity, in both personnel and skills,
needed to properly perform its mission and provide adequate
oversight of educational institutions;
(3) an assessment of the benefits of outreach and training
with both law enforcement agencies and educational institutions
with respect to such workforce;
(4) an examination of best practices for making educational
institutions aware of the most effective prevention,
investigation, and response practices relating to domestic
violence, dating violence, sexual harassment, sexual assault,
and stalking and identifying areas where more research should
be conducted; and
(5) strategies for addressing such other matters as the
Secretary of Education considers necessary to prevention of,
investigation of, and responses to domestic violence, dating
violence, sexual harassment, sexual assault, and stalking.
(d) Annual Report.--The Task Force on Sex-Based Harassment and
Violence in Education shall report to Congress on an annual basis, and
make publicly available, a report of its activities and any update of
the plan required under subsection (c), including the number of
complaints received regarding domestic violence, dating violence,
sexual harassment, sexual assault, and stalking (including such
incidents on the basis of sexual orientation and gender identity), the
number of open investigations, the number of complaints that continued
to resolution, the number of complaints resolved using informal
resolution, the average time to complete an investigation, the number
of investigations initiated based on complaints, and the number of
investigations initiated by the Department of Education.
(e) Definitions.--In this section:
(1) The term ``educational institution'' includes an
institution of higher education, an elementary school, or a
secondary school.
(2) The terms ``elementary school'' and ``secondary
school'' have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(4) The terms ``domestic violence'', ``dating violence'',
``sexual assault'', and ``stalking'' have the meanings given
the terms in section 487(f) of the Higher Education of 1965 (20
U.S.C. 1092(f)), as amended by this Act.
(5) The term ``sexual harassment'' means any unwelcome
conduct of a sexual nature, regardless of whether it is direct
or indirect, or verbal or nonverbal (including conduct that is
undertaken in whole or in part, through the use of electronic
messaging services, commercial mobile services, electronic
communications, or other technology), that unreasonably alters
an individual's terms, conditions, benefits, or privileges of
an educational program or activity, including by creating an
intimidating, hostile, or offensive environment, which takes
the form of--
(A) a sexual advance;
(B) a request for sexual favors;
(C) a sexual act, where such submission is made
either explicitly or implicitly a term or condition of
a program or activity at a school or school activity,
regardless of a student's submission to or rejection of
such sexual act;
(D) a sexual act, where such submission or
rejection is used as the basis for a decision affecting
a term or condition of a program or activity at a
school or school activity, regardless of a student's
submission to or rejection of such sexual act;
(E) other conduct of a sexual nature; or
(F) domestic violence, intimate partner violence
(dating violence), and sex-based stalking.
SEC. 10. CONFORMING AMENDMENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) in paragraph (1)(F)(i)(II), by striking ``sex offenses,
forcible or nonforcible'' and inserting ``sexual assault''; and
(2) by amending paragraph (6)(A)(v) to read as follows:
``(v) The term `sexual assault' has the meaning of an
offense classified as a sex offense under the Uniform Crime
Report of the Federal Bureau of Investigation.''.
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