I 

114TH CONGRESS 

2D SESSION H. R. 5972 

To amend the Higher Education Act of 1965 to provide protection for 

students that report sexual assault, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2016 

Ms. SPEIER (for herself, Mr. DOLD, Ms. HAHN, Mr. JOHNSON of Georgia, Mr. 

GOSAR, Ms. NORTON, Mr. FOSTER, Mrs. BUSTOS, Mr. GALLEGO, Mrs. 

NAPOLITANO, Mr. HASTINGS, Mr. COSTA, Ms. ESHOO, and Mr. CARSON

of Indiana) 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 to provide 

protection for students that report sexual assault, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘The Campus Sexual As5 sault Whistleblower Protection Act of 2016’’. 


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1 SEC. 2. SEXUAL ASSAULT WHISTLEBLOWER PROTECTION. 

2 (a) FEDERAL FINANCIAL AID.—Section 484(r) of the 

3 Higher Education Act of 1965 (20 U.S.C. 1091(r)) is 

4 amended— 

5 (1) in paragraph (1), by striking ‘‘A student’’ 

6 and inserting, ‘‘Except as provided in paragraph (3), 

7 a student’’; 

8 (2) by redesignating paragraph (3) as para9 graph (4); and 

10 (3) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) EXCEPTION.—Paragraph (1) shall not 

13 apply to a student who— 

14 ‘‘(A) makes an admission described in sec15 tion 487(a)(30)(A)(i); and 

16 ‘‘(B) is convicted of an offense involving 

17 the possession of a controlled substance based 

18 on conduct described in such admission.’’. 

19 (b) FINANCIAL AID FROM INSTITUTION OF HIGHER

20 EDUCATION.—Section 487(a) of the Higher Education 

21 Act of 1965 (20 U.S.C. 1094(a)) is amended by adding 

22 at the end the following: 

23 ‘‘(30)(A) The institution— 

24 ‘‘(i) with respect to a student enrolled in 

25 the institution who makes a report of a sexual 

26 assault and admits to the unlawful consumption 


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1 of alcohol or a controlled substance in such re2 port, will not take any retaliatory action against 

3 such student for such consumption; 

4 ‘‘(ii) with respect to a student enrolled in 

5 the institution who is the victim of a sexual as6 sault, will not take any retaliatory action 

7 against such student for the sexual activity ad8 mitted to in a report of such assault; and 

9 ‘‘(iii) will annually inform students enrolled 

10 in the institution of the prohibition against re11 taliatory actions described in clauses (i) and 

12 (ii). 

13 ‘‘(B) In this paragraph: 

14 ‘‘(i) The term ‘sexual assault’ has the 

15 meaning given such term in section 

16 485(f)(6)(A). 

17 ‘‘(ii) The term ‘controlled substance’ 

18 has the meaning given the term in section 

19 102(6) of the Controlled Substances Act 

20 (21 U.S.C. 802(6)). 

21 ‘‘(iii) The term ‘report’ means a re22 port made by a student to State or local 

23 law enforcement agencies or the institution 

24 in which the student is enrolled. 


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1 ‘‘(iv) The term ‘retaliatory action’, 

2 when used with respect to a student de3 scribed in clauses (i) and (ii), includes— 

4 ‘‘(I) the expulsion, suspension, or 

5 altering of the financial aid of such 

6 student; and 

7 ‘‘(II) any notification (other than 

8 a notification required by law) to a 

9 parent or legal guardian of such stu10 dent with respect to the contents of a 

11 report of sexual assault made by such 

12 student.’’. 

13 SEC. 3. SENSE OF CONGRESS. 

14 It is the sense of Congress that Federal and State 

15 prosecutors should exercise their prosecutorial discretion 

16 when considering bringing any criminal charges against 

17 any person who comes forward to report a sexual assault, 

18 and who, in making such report, admits to engaging in 

19 unlawful consumption of alcohol or a controlled substance. 

Æ 


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