I 

116TH CONGRESS 

1ST SESSION H. R. 3381 

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 

JUNE 20, 2019 

Ms. SPEIER (for herself, Mr. FITZPATRICK, Ms. KUSTER of New Hampshire, 

Ms. ADAMS, Ms. MOORE, Ms. JACKSON LEE, Mr. SHERMAN, Mr. TONKO, 

Ms. SCHAKOWSKY, Mrs. DINGELL, Miss RICE of New York, Ms. LEE of 

California, Mr. AGUILAR, Ms. CASTOR of Florida, Ms. BROWNLEY of 

California, Ms. WILSON of Florida, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. NORTON, Ms. FRANKEL, Ms. DELAURO, Ms. MENG, Mr. HASTINGS, Ms. ROYBAL-ALLARD, Mr. SWALWELL of California, Mr. COHEN, 

Ms. SLOTKIN, Mr. RYAN, Ms. CLARK of Massachusetts, Mr. LUJA ́N, Ms. 

ESCOBAR, Ms. TITUS, Ms. PRESSLEY, Mr. CISNEROS, Mr. DEUTCH, Mr. 

SMITH of Washington, and Ms. VELA ́ZQUEZ) 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Hold Accountable and 

3 Lend Transparency on Campus Sexual Violence Act’’ or 

4 the ‘‘HALT Campus Sexual Violence Act’’. 

5 SEC. 2. DISCLOSURE OF ENFORCEMENT ACTIONS. 

6 (a) DISCLOSURE OF PROGRAM REVIEWS AND OPEN

7 INVESTIGATIONS.—The Department of Education Organi8 zation Act (20 U.S.C. 3401 et seq.) is amended— 

9 (1) in section 203(b) (20 U.S.C. 3413(b)), by 

10 adding at the end the following new paragraphs: 

11 ‘‘(3) The Assistant Secretary for Civil Rights shall 

12 make publicly available on the Department’s website a list 

13 of institutions under investigation, the sanctions (if any) 

14 or findings issued pursuant to such investigations, and a 

15 copy of program reviews and resolution agreements, in16 cluding voluntary resolution agreements, entered into with 

17 the Secretary or Attorney General under title IX of the 

18 Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 

19 or title IV of the Civil Rights Act of 1964 (42 U.S.C. 

20 2000c et seq.). 

21 ‘‘(4) Not later than 30 days after the termination of 

22 the resolution agreements described in paragraph (3), the 

23 Assistant Secretary for Civil Rights shall transmit to the 

24 Secretary, the President, and the Congress, and make 

25 publicly available on the Department’s website, the letter 


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1 terminating the Department of Education’s monitoring of 

2 such agreements.’’; and 

3 (2) in section 205 (20 U.S.C. 3415), by adding 

4 at the end the following new subsection: 

5 ‘‘(c) The Assistant Secretary for Postsecondary Edu6 cation shall make publicly available on the Department’s 

7 website a list of institutions under investigation, the sanc8 tions (if any) or findings issued pursuant to such inves9 tigations, and a copy of program reviews and resolution 

10 agreements entered into with the Secretary or Attorney 

11 General under subsection 485(f) of the Higher Education 

12 Act of 1965 (20 U.S.C. 1092(f)).’’. 

13 (b) INSPECTOR GENERAL.—Not later than one year 

14 after the date of enactment of this Act, the Inspector Gen15 eral of the Department of Education shall submit to Con16 gress and make publicly available a report reviewing com17 pliance with paragraphs (3) and (4) of section 203(b) of 

18 the Department of Education Organization Act (20 

19 U.S.C. 3413(b)) and section 205(c) of such Act (20 

20 U.S.C. 3415), as added by subsection (a). 

21 SEC. 3. DISCLOSURES OF REQUESTS FOR EXEMPTIONS 

22 UNDER TITLE IX. 

23 Section 203(b) of the Department of Education Or24 ganization Act (20 U.S.C. 3413(b)) is further amended 

25 by adding at the end the following new paragraph: 


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1 ‘‘(5) The Assistant Secretary for Civil Rights 

2 shall make publicly available on the Department’s 

3 website a list of institutions that have requested to 

4 be exempt from title IX of the Education Amend5 ments of 1972 (20 U.S.C. 1681 et seq.).’’. 

6 SEC. 4. AUTHORITY TO LEVY FINES. 

7 Section 203(c) of the Department of Education Orga8 nization Act (20 U.S.C. 3413) is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (3); 

11 (2) by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(5) to impose a civil penalty to be paid by an 

16 institution of higher education that has violated a 

17 law under the jurisdiction of the Office for Civil 

18 Rights, the amount of which shall be determined by 

19 the gravity of the violation, and the imposition of 

20 which shall not preclude other remedies available 

21 under Federal law.’’. 

22 SEC. 5. CLIMATE SURVEYS. 

23 Paragraph (1) of section 485(f) of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1092(f)) is amended by 

25 adding at the end the following new subparagraph: 


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1 ‘‘(K) Beginning 18 months after the date of en2 actment of the HALT Campus Sexual Violence Act, 

3 statistics based upon a sexual violence climate sur4 vey conducted not later than one year after such 

5 date of enactment, and conducted, reviewed, and up6 dated every 2 years thereafter— 

7 ‘‘(i) which is developed and approved by 

8 the Secretary, in consultation with the Director 

9 of the Centers for Disease Control of the De10 partment of Health and Human Services and 

11 the Attorney General, except that the National 

12 Intimate Partner and Sexual Violence Survey 

13 developed by the National Center for Injury 

14 Prevention and Control of the Centers for Dis15 ease Control and Prevention may be used for 

16 purposes of this subparagraph until the sexual 

17 violence climate survey has been developed; 

18 ‘‘(ii) which assesses the occurrence on cam19 pus or in a noncampus building or property 

20 during the preceding calendar year for which 

21 data is available of— 

22 ‘‘(I) instances of domestic violence, 

23 dating violence, sexual assault, sexual vio24 lence, sexual harassment, and stalking; 


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1 ‘‘(II) whether the instances described 

2 in subclause (I) were experienced in-person 

3 or through electronic means; 

4 ‘‘(III) indicators of discrimination, 

5 and positive and negative trends for inti6 mate relationships that incorporates infor7 mation about gender identity and sexual 

8 orientation; 

9 ‘‘(IV) the effectiveness of campus sex10 ual violence awareness and prevention pro11 grams and policies for the overall student 

12 body and different student populations, 

13 such as students of color, students in the 

14 LGBTQ communities, immigrant students, 

15 pregnant and parenting students, and stu16 dents with disabilities; 

17 ‘‘(V) the effectiveness of current proc18 esses for complaints on and investigations 

19 into sex-based, race-based, national origin20 based, sexual orientation-based, gender 

21 identity-based, and disability-based harass22 ment, assault, discrimination, domestic vio23 lence, dating violence, and stalking; 

24 ‘‘(VI) student’s awareness of campus 

25 policies and procedures, including the locaVerDate Sep 11 2014 04:18 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3381.IH H3381

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1 tion and process for accessing campus re2 sources such as the title IX coordinator 

3 designated by the institution pursuant to 

4 title IX of the Education Amendments of 

5 1972; 

6 ‘‘(VII) whether individuals impacted 

7 by sexual harassment, sexual violence, dis8 crimination, domestic violence, dating vio9 lence, and stalking have experienced nega10 tive effects on their education, including 

11 diminished grades, dropped classes, leaves 

12 of absence; 

13 ‘‘(VIII) whether individuals impacted 

14 by sexual harassment, sexual violence, dis15 crimination, domestic violence, dating vio16 lence, and stalking have experienced nega17 tive financial consequences, including costs 

18 associated with loss in paid tuition due to 

19 leaves of absence, loss in scholarship 

20 awards due to diminished grades, coun21 seling, medical services, or housing 

22 changes; 

23 ‘‘(IX) what training is being provided 

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1 ual violence, discrimination, domestic vio2 lence, dating violence, and stalking, includ3 ing best practices in prevention; 

4 ‘‘(X) whether the perpetrator of sex5 ual harassment, sexual violence, discrimi6 nation, domestic violence, dating violence, 

7 and stalking was a student and other con8 textual factors, such as whether force, in9 capacitation, or coercion was involved; 

10 ‘‘(XI) whether individuals impacted by 

11 sexual harassment, sexual violence, dis12 crimination, domestic violence, dating vio13 lence, and stalking reported such sexual 

14 harassment, sexual violence, discrimina15 tion, domestic violence, dating violence, 

16 and stalking; 

17 ‘‘(XII) if such an individual did so re18 port, to whom they reported, and what re19 sponse the survivor received; 

20 ‘‘(XIII) if such an individual reported 

21 to the institution of higher education, did 

22 the institution conduct an investigation 

23 and how long did the investigation take; 

24 ‘‘(XIV) campus community members’, 

25 such as students, full-time and part-time 


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1 staff and faculty, and administration offi2 cials, attitudes toward sexual violence and 

3 harassment, including individuals’ willing4 ness to intervene as a bystander of sex5 based, race-based, national origin-based, 

6 sexual orientation-based, gender identity7 based, and disability-based discrimination, 

8 harassment, assault, domestic violence, 

9 dating violence, and stalking; 

10 ‘‘(XV) campus community members’, 

11 such as students, full-time and part-time 

12 staff and faculty, and administration offi13 cials, perception of campus safety and con14 fidence in the institution’s ability to appro15 priately address sex-based, race-based, na16 tional origin-based, sexual orientation17 based, gender identity-based, and dis18 ability-based discrimination, harassment, 

19 assault, domestic violence, dating violence, 

20 and stalking; and 

21 ‘‘(XVI) any other issues relating to 

22 sex-based, race-based, national origin23 based, sexual orientation-based, gender 

24 identity-based, and disability-based dis25 crimination, harassment, assault, domestic 


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1 violence, dating violence, and stalking, as 

2 appropriate; and 

3 ‘‘(iii) which shall be made publicly avail4 able and readily accessible to and usable by in5 dividuals, including individuals with disabilities, 

6 on the institution’s website, including on 

7 webpages directed at prospective and current 

8 students.’’. 

9 SEC. 6. CREATION OF A PRIVATE RIGHT OF ACTION. 

10 Section 485(f)(14) of the Higher Education Act of 

11 1965 (20 U.S.C. 1092(f)(14)) is amended to read as fol12 lows: 

13 ‘‘(14)(A) Subject to subparagraph (C), an aggrieved 

14 individual may allege a violation of this subsection in a 

15 judicial proceeding. A court may award an aggrieved indi16 vidual all appropriate relief, including equitable relief, 

17 compensatory damages, cost of the action, and remedial 

18 action. 

19 ‘‘(B) This paragraph shall not be construed to pre20 clude an aggrieved individual from obtaining other rem21 edies under any other provision of law or to require such 

22 individual to exhaust any administrative complaint process 

23 or notice-of-claim requirement before seeking redress 

24 under this paragraph. 


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1 ‘‘(C) For actions brought pursuant to this paragraph, 

2 the statute of limitations period shall be determined in ac3 cordance with section 1658(a) of title 28, United States 

4 Code. The tolling of any such limitations period shall be 

5 determined in accordance with section 1979 of the Revised 

6 Statutes of the United States (42 U.S.C. 1983) in the 

7 forum State.’’. 

8 SEC. 7. INCREASE OF CLERY ACT PENALTIES. 

9 Section 485(f)(13) of the Higher Education Act of 

10 1965 (20 U.S.C. 1092(f)(13)) is amended— 

11 (1) by striking ‘‘in the same amount and’’; and 

12 (2) by inserting before the period at the end the 

13 following: ‘‘, expect that such section shall be applied 

14 by substituting ‘$100,000’ for ‘$25,000’ ’’. 

15 SEC. 8. NOTIFICATION OF POLICIES AIMED AT PREVEN16 TION OF SEXUAL VIOLENCE. 

17 (a) IN GENERAL.—Paragraph (8) of section 485(f) 

18 of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) 

19 is amended by adding at the end the following new sub20 paragraphs: 

21 ‘‘(D) The statement of policy described in subpara22 graph (A) shall be— 

23 ‘‘(i) written using simple and understandable 

24 language and clear formatting; and 


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1 ‘‘(ii) made widely available and posted on the 

2 institution’s public website in a manner that is read3 ily accessible to and usable by individuals, including 

4 individuals with disabilities, and in conspicuous 

5 places, including places in and around student hous6 ing, residence halls, student health centers, student 

7 recreation centers, the main student center on cam8 pus, academic buildings, libraries, and athletic facili9 ties, where students congregate and are likely to see 

10 it. 

11 ‘‘(E) The statement of policy described in subpara12 graph (A) shall be provided, on an annual basis, to each 

13 student group, student team, or student organization 

14 which is part of such institution, is recognized by the insti15 tution, or permitted by the institution to use its name or 

16 facilities or is known by the institution to act as an unaf17 filiated student group, student team, or student organiza18 tion, and each institution of higher education described in 

19 subparagraph (A) shall ensure that each such group, 

20 team, or organization distributes a copy of such policy to 

21 each of its members as well as each of its applicants for 

22 membership, including plebes, pledges, or similar appli23 cants. 

24 ‘‘(F) An institution’s compliance with subparagraph 

25 (E) with respect to an unaffiliated student group, student 


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1 team, or student organization shall not constitute evidence 

2 of the institution’s recognition or endorsement of such un3 affiliated group, team, or organization.’’. 

4 (b) COMPTROLLER GENERAL REVIEW.—Not later 

5 than August 1, 2021, the Comptroller General shall report 

6 to the Committee on Education and Labor of the House 

7 of Representatives and the Committee on Health, Edu8 cation, Labor, and Pensions of the Senate on— 

9 (1) the implementation of section 485(f)(8) of 

10 the Higher Education Act of 1965 (20 U.S.C. 

11 1092(f)(8)), as amended by subsection (a), includ12 ing— 

13 (A) the extent to which institutions of 

14 higher education have developed the statement 

15 of policy required under subparagraph (A) of 

16 such section; 

17 (B) how institutions of higher education 

18 are— 

19 (i) distributing such statement of pol20 icy; and 

21 (ii) determining whether the policy is 

22 received and understood by students; and 

23 (C) the Secretary of Education’s oversight 

24 of the compliance of institutions of higher edu25 cation with respect to the statement of policy 


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1 requirements under such section, including ef2 forts, in consultation with the Attorney General, 

3 to provide technical assistance to institutions of 

4 higher education in complying with such re5 quirements; and 

6 (2) any changes in the numbers of dating vio7 lence, domestic violence, sexual assault, or stalking 

8 incidents reported to campus security authorities or 

9 local police agencies as indicated by the annual secu10 rity reports distributed under section 485(f)(1) of 

11 the Higher Education Act of 1965 (20 U.S.C. 

12 1092(f)(1)) or the climate survey established in Sec13 tion 4 of this Act. 

14 SEC. 9. CAMPUS SEXUAL VIOLENCE TASK FORCE. 

15 (a) CAMPUS SEXUAL VIOLENCE TASK FORCE.—Not 

16 later than September 1, 2021, the Secretary of Education, 

17 the Secretary of Health and Human Services, and the At18 torney General shall establish a joint interagency task 

19 force to be known as the ‘‘Campus Sexual Violence Task 

20 Force’’ that shall— 

21 (1) provide pertinent information to the Sec22 retary of Education, Attorney General, Congress, 

23 and the public with respect to campus sexual vio24 lence prevention, investigations, and responses, in25 cluding the creation of consistent, public complaint 


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1 processes for violations of title IX of the Education 

2 Amendments of 1972 (20 U.S.C. 1681 et seq.) and 

3 section 485(f) of the Higher Education Act of 1965 

4 (20 U.S.C. 1092(f)); 

5 (2) provide recommendations to institutions of 

6 higher education for establishing sexual assault pre7 vention and response teams; 

8 (3) develop recommendations for institutions of 

9 higher education on providing survivor resources, in10 cluding healthcare, sexual assault kits, sexual as11 sault nurse examiners, culturally responsive and in12 clusive standards of care, trauma-informed services, 

13 and access to confidential advocacy and support 

14 services; 

15 (4) develop recommendations in conjunction 

16 with student groups at greater statistical risk of per17 petuating rape culture such as fraternities and ath18 letic departments for best practices for responses 

19 and prevention with respect to sexual violence and 

20 dating violence for educational institutions, taking 

21 into consideration an institution’s size and resources; 

22 (5) develop recommendations on culturally re23 sponsive and inclusive approaches to supporting sur24 vivors, which include consideration of race, ethnicity, 

25 national origin, immigrant status, gender identity, 


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1 sexual orientation, ability, socio-economic status, ex2 posure to trauma, and other compounding factors; 

3 (6) solicit periodic input from a diverse group 

4 of survivors, trauma specialists, advocates from na5 tional, State, and local anti-sexual violence advocacy 

6 organizations, institutions of higher education, and 

7 other public stakeholders; 

8 (7) assess the Department of Education’s abil9 ity under section 902 of the Education Amendments 

10 of 1972 (20 U.S.C. 1682) to levy intermediate fines 

11 for noncompliance with title IX of the Education 

12 Amendments of 1972 (20 U.S.C. 1681 et seq.) and 

13 the advisability of additional remedies for such non14 compliance, in addition to the remedies already 

15 available under Federal law; and 

16 (8) create a plan described in subsection (c). 

17 (b) PERSONNEL DETAILS.— 

18 (1) AUTHORITY TO DETAIL.—Notwithstanding 

19 any other provision of law, the head of a component 

20 of any Federal agency that is funded under the Vio21 lence Against Women Act of 1994 (42 U.S.C. 13925 

22 et seq.) may detail an officer or employee of such 

23 component to the Campus Sexual Violence Task 

24 Force or to the Secretary of Education to assist the 

25 Task Force with the duties described in subsection 


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1 (a), as jointly agreed to by the head of such compo2 nent and the Task Force. 

3 (2) BASIS FOR DETAIL.—A personnel detail 

4 made under paragraph (1) may be made— 

5 (A) for a period of not more than 3 years; 

6 and 

7 (B) on a reimbursable or nonreimbursable 

8 basis. 

9 (c) ADDITIONAL PLAN.—Not later than 90 days after 

10 the date on which the Campus Sexual Violence Task Force 

11 is established under subsection (a), the Task Force shall 

12 submit to Congress a plan for recruiting, retaining, and 

13 training a highly-qualified workforce employed by the De14 partment of Education to carry out investigation of com15 plaints alleging a violation of title IX of the Education 

16 Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 

17 485(f) of the Higher Education Act of 1965 (20 U.S.C. 

18 1092(f)), and enforcement of such title IX (20 U.S.C. 

19 1681 et seq.) or such section 485(f) (20 U.S.C. 1092(f)), 

20 with respect to campus sexual violence. Such plan shall 

21 include— 

22 (1) an assessment of the capabilities of the cur23 rent workforce carrying out such investigation and 

24 enforcement; 


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1 (2) an examination of issues of recruiting, re2 tention, and the professional development of such 

3 workforce, including the possibility of providing re4 tention bonuses or other forms of compensation for 

5 the purpose of ensuring the Department of Edu6 cation has the capacity, in both personnel and skills, 

7 needed to properly perform its mission and provide 

8 adequate oversight of educational institutions; 

9 (3) an assessment of the benefits of outreach 

10 and training with both law enforcement agencies and 

11 institutions of higher education with respect to such 

12 workforce; 

13 (4) an examination of best practices for making 

14 institutions of higher education aware of the most 

15 effective campus sexual violence prevention, inves16 tigation, and response practices and identifying 

17 areas where more research should be conducted; and 

18 (5) strategies for addressing such other matters 

19 as the Secretary of Education considers necessary to 

20 campus sexual violence prevention, investigation, and 

21 responses. 

22 (d) ANNUAL REPORT.—The Campus Sexual Violence 

23 Task Force shall report to Congress on an annual basis, 

24 and make publicly available, a report of its activities and 

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1 cluding the number of complaints received regarding sex2 ual violence (including violence on the basis of sexual ori3 entation and gender identity), the number of open inves4 tigations, the average time to complete an investigation, 

5 the number of investigations initiated based on com6 plaints, and the number of investigations initiated by the 

7 Department of Education. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) TITLE IX OF THE EDUCATION AMEND10 MENTS OF 1972.—There are authorized to be appro11 priated for training, hiring, and retaining a work12 force exclusively dedicated to investigation and en13 forcement of title IX of the Education Amendments 

14 of 1972 (20 U.S.C. 1681 et seq.) provisions with re15 spect to sexual violence, for fiscal year 2021 and 

16 each of the 4 succeeding fiscal years, an amount 

17 that is equal to the sum of the amounts appro18 priated for such purpose for fiscal year 2020 plus 

19 $5,000,000. 

20 (2) SECTION 485(f) OF THE HIGHER EDU21 CATION ACT OF 1965.—There is authorized to be ap22 propriated for training, hiring, and retaining a work23 force exclusively dedicated to investigation and en24 forcement of section 485(f) of the Higher Education 

25 Act of 1965 (20 U.S.C. 1092(f)), for fiscal year 


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1 2021 and each of the 4 succeeding fiscal years, an 

2 amount that is equal to the sum of the amounts ap3 propriated for such purpose for fiscal year 2020 plus 

4 $5,000,000. 

5 (f) DEFINITIONS.—In this section: 

6 (1) The term ‘‘educational institution’’ includes 

7 an institution of higher education, an elementary 

8 school, or a secondary school. 

9 (2) The terms ‘‘elementary school’’ and ‘‘sec10 ondary school’’ have the meanings given the terms 

11 in section 9101 of the Elementary and Secondary 

12 Education Act of 1965 (20 U.S.C. 7801). 

13 (3) The term ‘‘institution of higher education’’ 

14 has the meaning given the term in section 102 of the 

15 Higher Education Act of 1965 (20 U.S.C. 1002). 

16 (4) The term ‘‘sexual assault’’ has the meaning 

17 of an offense that meets the definition of rape, fond18 ling, incest, or statutory rape under— 

19 (A) the Uniform Crime Report of the Fed20 eral Bureau of Investigation; and 

21 (B) the final regulations published by the 

22 Department of Education in the Federal Reg23 ister on October 20, 2014, for Appendix A of 

24 subpart D of part 668, Code of Federal Regula25 tions (79 Fed. Reg. 62752). 


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1 SEC. 10. CONFORMING AMENDMENTS. 

2 Section 485(f) of the Higher Education Act of 1965 

3 (20 U.S.C. 1092(f)) is amended— 

4 (1) in paragraph (1)(F)(i)(II), by striking ‘‘sex 

5 offenses, forcible or nonforcible’’ and inserting ‘‘sex6 ual assault’’; and 

7 (2) by amending paragraph (6)(A)(v) to read as 

8 follows: 

9 ‘‘(v) The term ‘sexual assault’ has the meaning 

10 of an offense that meets the definition of rape, fond11 ling, incest, or statutory rape under— 

12 ‘‘(I) the Uniform Crime Report of the Fed13 eral Bureau of Investigation; and 

14 ‘‘(II) the final regulations published by the 

15 Department of Education in the Federal Reg16 ister on October 20, 2014, for Appendix A of 

17 subpart D of part 668, Code of Federal Regula18 tions (79 Fed. Reg. 62752).’’. 

Æ 


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