I 

113TH CONGRESS 

2D SESSION H. R. 5269 

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, 2014 

Ms. SPEIER (for herself, Mr. MEEHAN, Ms. LEE of California, Ms. JACKSON

LEE, Ms. NORTON, and Ms. CHU) 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Lend Transparency on Campus Sexual Violence Act’’ or 

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

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1 SEC. 2. DISCLOSURE OF ENFORCEMENT ACTIONS. 

2 (a) DISCLOSURE OF PROGRAM REVIEWS AND OPEN

3 INVESTIGATIONS.—The Department of Education Organi4 zation Act is amended— 

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

6 adding at the end the following: 

7 ‘‘(3) The Assistant Secretary for Civil Rights 

8 shall make publicly available on the Department’s 

9 website, a list of institutions under investigation, 

10 and a copy of program reviews and resolution agree11 ments entered into with the Secretary or Attorney 

12 General, under title IX of the Education Amend13 ments of 1972 (20 U.S.C. 1681 et seq.) or title IV 

14 of the Civil Rights Act of 1964 (42 U.S.C. 2000c et 

15 seq.). 

16 ‘‘(4) Not later than 30 days after the termi17 nation of the resolution agreements described in 

18 paragraph (3), the Assistant Secretary for Civil 

19 Rights shall transmit to the Secretary, the Presi20 dent, and the Congress, and make publicly available 

21 on the Department’s website, the letter terminating 

22 the Department of Education’s monitoring of such 

23 agreements.’’; and 

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

25 at the end the following: 

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1 ‘‘(c) The Assistant Secretary for Postsecondary Edu2 cation shall make publicly available on the Department’s 

3 website, a list of institutions under investigation, and a 

4 copy of the program reviews, fines levied, and resolution 

5 agreements entered into with the Secretary or Attorney 

6 General, under subsection 485(f) of the Higher Education 

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

8 (b) INSPECTOR GENERAL.—No later than January 1, 

9 2016, the Inspector General of the Department of Edu10 cation shall submit to Congress and make publicly avail11 able, a report reviewing compliance of sections (3) and (4) 

12 of section 203(b) and section 205(c) of the Department 

13 of Education Organization Act (20 U.S.C. 3413(b); 

14 2415), as added by subsection (a) of this section. 

15 SEC. 3. AUTHORITY TO LEVY FINES. 

16 Section 203(c) of the Department of Education Orga17 nization Act is amended— 

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

19 (3); 

20 (2) by striking the period at the end of para21 graph (4) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(5) to impose a civil penalty to be paid by in24 stitution of higher education that has violated a law 

25 under the jurisdiction of the Office for Civil Rights, 

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1 the amount of which shall be determined by the 

2 gravity of the violation, and the imposition of which 

3 shall not preclude other remedies available under 

4 Federal law.’’. 

5 SEC. 4. CLIMATE SURVEYS. 

6 Paragraph (1) of section 485(f) of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1092(f)) is further amend8 ed by adding at the end the following: 

9 ‘‘(K) Beginning October 1, 2016, statistics 

10 based upon a sexual violence climate survey 

11 conducted not later than April 1, 2015, and 

12 every year thereafter— 

13 ‘‘(i) which is developed and approved 

14 by the Secretary, in consultation with the 

15 Director of the Centers for Disease Control 

16 of the Department of Health and Human 

17 Services and the Attorney General, except 

18 that the National Intimate Partner and 

19 Sexual Violence Survey developed by the 

20 National Center for Injury Prevention and 

21 Control of the Centers for Disease Control 

22 and Prevention may be used for purposes 

23 of this subparagraph until the sexual vio24 lence climate survey has been developed; 

25 and 

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1 ‘‘(ii) which assesses the occurrence on 

2 campus or in a noncampus building or 

3 property during the preceding calendar 

4 year for which data is available of— 

5 ‘‘(I) instances of domestic vio6 lence, dating violence, sexual assault, 

7 and stalking; 

8 ‘‘(II) indicators of discrimination, 

9 and positive and negative trends for 

10 intimate relationships regardless of 

11 gender or sexual orientation; 

12 ‘‘(III) the effectiveness of campus 

13 policies designed to improve relation14 ships between students regardless of 

15 gender or sexual orientation; 

16 ‘‘(IV) the effectiveness of current 

17 processes for complaints on and inves18 tigations into sex-based, race-based, 

19 national origin-based, sexual-orienta20 tion based, gender-identity based, and 

21 disability-based harassment, assault, 

22 discrimination, domestic violence, dat23 ing violence, and stalking; 

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1 ‘‘(V) perpetration of domestic vi2 olence, dating violence, sexual assault, 

3 and stalking; and 

4 ‘‘(VI) any other issues relating to 

5 sex-based, race-based, national origin6 based, sexual-orientation based, gen7 der-identity based, and disability8 based discrimination, harassment, as9 sault, domestic violence, dating vio10 lence, and assault, as appropriate.’’. 

11 SEC. 5. CREATION OF A PRIVATE RIGHT OF ACTION. 

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

13 1965 (20 U.S.C. 1092(f)(14)) is amended to read as fol14 lows: 

15 ‘‘(14)(A) Subject to subparagraph (C), an ag16 grieved individual may allege a violation of this sub17 section in a judicial proceeding. A court may award 

18 an aggrieved individual all appropriate relief, includ19 ing equitable relief, compensatory damages, cost of 

20 the action, and remedial action. 

21 ‘‘(B) This paragraph shall not be construed to 

22 preclude an aggrieved individual from obtaining 

23 other remedies under any other provision of law or 

24 to require such individual to exhaust any adminismstockstill on DSK4VPTVN1PROD with BILLS

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1 trative complaint process or notice-of-claim require2 ment before seeking redress under this paragraph. 

3 ‘‘(C) For actions brought pursuant to this para4 graph, the statute of limitations period shall be de5 termined in accordance with section 1658(a) of title 

6 28, United States Code. The tolling of any such lim7 itations period shall be determined in accordance 

8 with section 1979 of the Revised Statutes of the 

9 United States (42 U.S.C. 1983) in the forum 

10 State.’’. 

11 SEC. 6. INCREASE OF CLERY ACT PENALTIES. 

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

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

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

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

16 following: ‘‘, except that such section shall be applied 

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

18 SEC. 7. NOTIFICATION OF POLICIES AIMED AT PREVEN19 TION OF SEXUAL VIOLENCE. 

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

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

22 is amended by adding at end the following: 

23 ‘‘(D) The policy described in subparagraph 

24 (A) shall be— 

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1 ‘‘(i) using simple and understandable 

2 language and clear formatting; and 

3 ‘‘(ii) made available and posted on the 

4 institution’s public website, and in con5 spicuous places in and around student 

6 housing, dormitories, and academic build7 ings where students are likely to see it. 

8 ‘‘(E) The policy described in subparagraph 

9 (A) shall be provided, on an annual basis, to 

10 each student group, student team, or student 

11 organization which is part of such institution, is 

12 recognized by the institution, or permitted by 

13 the institution to use its name or facilities or is 

14 known by the institution to act as an unaffili15 ated student group, student team, or student 

16 organization, and each institution of higher 

17 education described in subparagraph (A) shall 

18 ensure that each such group, team, or organiza19 tion distributes a copy of such policy to each of 

20 its members, plebes, pledges, or applicants for 

21 membership. 

22 ‘‘(F) An institution’s compliance with sub23 paragraph (E) with respect to an unaffiliated 

24 student group, student team, or student organi25 zation shall not constitute evidence of the instimstockstill on DSK4VPTVN1PROD with BILLS

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1 tution’s recognition or endorsement of such un2 affiliated group, team, or organization.’’. 

3 (b) COMPTROLLER REVIEW.—Not later than August 

4 1, 2016, the Comptroller General of the United States 

5 shall report to the Committee on Education and the Work6 force of the House of Representatives and the Committee 

7 on Health, Education, Labor, and Pensions of the Senate 

8 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) of this 

12 section, including— 

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 485(f)(8) (20 U.S.C. 1092(f)(8)); 

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 485(f)(8) (20 

2 U.S.C. 1092(f)(8)), including efforts, in con3 sultation with the Attorney General, to provide 

4 technical assistance to institutions of higher 

5 education in complying with such requirements; 

6 and 

7 (2) any changes in the numbers of sex offenses, 

8 sexual assaults, domestic violence, dating violence, 

9 sexual assault or stalking incidents reported to cam10 pus security authorities or local police agencies as 

11 indicated by the annual security reports distributed 

12 under paragraph (1) of section 485(f) of the Higher 

13 Education Act of 1965 (20 U.S.C. 1092(f)). 

14 SEC. 8. CAMPUS SEXUAL VIOLENCE TASK FORCE. 

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

16 later than 180 days after the date of enactment of this 

17 Act, the Secretary of Education and the Attorney General 

18 shall create a joint interagency task force to be known as 

19 the ‘‘Campus Sexual Violence Task Force’’ that shall— 

20 (1) provide pertinent information to the Sec21 retary of Education, Attorney General, Congress, 

22 and the public with respect to campus sexual vio23 lence prevention, investigations, and responses, in24 cluding the creation of a consistent, public complaint 

25 processes for violations of title IX of the Education 

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

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

3 (20 U.S.C. 1092(f) et seq.); 

4 (2) provide guidance to institutions of higher 

5 education for establishing sexual assault prevention 

6 and response teams; 

7 (3) develop recommendations for institutions of 

8 higher education on providing survivor resources, in9 cluding healthcare, rape kits, sexual assault nurse 

10 examiners, and confidential advocates on campus; 

11 (4) develop recommendations for best practices 

12 for responses and prevention with respect to sexual 

13 violence for educational institutions, taking into con14 sideration an institution’s size and resources; 

15 (5) solicit input from survivors, advocates, insti16 tutions of higher education, and other public stake17 holders; 

18 (6) review the Department of Education’s au19 thority under section 902 of the Education Amend20 ments of 1972 (20 U.S.C. 1682) to levy inter21 mediate fines for noncompliance with title IX of the 

22 Education Amendments of 1972 (20 U.S.C. 1681 et 

23 seq.) and the advisability of additional remedies for 

24 such noncompliance, in addition to the remedies al25 ready available under Federal law; and 

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1 (7) create a plan described in subsection (c). 

2 (b) PERSONNEL DETAILS.— 

3 (1) AUTHORITY TO DETAIL.—Notwithstanding 

4 any other provision of law, the head of an element 

5 of any Federal agency that is funded under the Vio6 lence Against Women Act of 1994 (42 U.S.C. 13925 

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

8 element to the Campus Sexual Violence Task Force 

9 or to the Secretary of Education to assist the Task 

10 Force with the duties described in subsection (a), as 

11 jointly agreed to by the head of such element and 

12 the Task Force. 

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

14 made under paragraph (1) may be made— 

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

16 and 

17 (B) on a reimbursable or nonreimbursable 

18 basis. 

19 (c) ADDITIONAL PLAN.—Not later than 270 days 

20 after the date of enactment of this Act, the Campus Sex21 ual Violence Task Force shall submit to Congress a plan 

22 for recruiting, retaining, and training a highly qualified 

23 workforce employed by the Department of Education to 

24 carry out investigation of complaints alleging a violation 

25 of title IX of the Education Amendments of 1972 (20 

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1 U.S.C. 1681 et seq.) or section 485(f) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1092(f)), and enforcement 

3 of such title IX (20 U.S.C. 1681 et seq.) or such section 

4 485(f) (20 U.S.C. 1092(f)), with respect to campus sexual 

5 violence. Such plan shall include— 

6 (1) an assessment of the capabilities of the cur7 rent workforce carrying out such investigation and 

8 enforcement; 

9 (2) an examination of issues of recruiting, re10 tention, and the professional development of such 

11 workforce, including the possibility of providing re12 tention bonuses or other forms of compensation for 

13 the purpose of ensuring the Department of Edu14 cation has the capacity, in both personnel and skills, 

15 needed to properly perform its mission and provide 

16 adequate oversight of educational institutions; 

17 (3) an assessment of the benefits of outreach 

18 and training with both law enforcement agencies and 

19 institutions of higher education with respect to such 

20 workforce; 

21 (4) developing best practices for interviewing 

22 and investigating sexual violence, including guidance 

23 on evidentiary standards for administrative re24 sponses; 

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1 (5) an examination of best practices for making 

2 institutions of higher education aware of the most 

3 effective campus sexual violence prevention, inves4 tigation, and response practices and identifying 

5 areas where more research should be conducted; and 

6 (6) strategies for addressing such other matters 

7 as the Secretary of Education considers necessary to 

8 campus sexual violence prevention, investigation, and 

9 responses. 

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

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

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

13 any update of the plan required under subsection (c) (20 

14 U.S.C. 1092(f)), including the number of complaints re15 ceived regarding sexual violence (including violence on the 

16 basis of sexual orientation and gender identity), the num17 ber of open investigations, the average time to complete 

18 an investigation, the number of investigations initiated 

19 based on complaints, and the number of investigations ini20 tiated by the Department of Education. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) TITLE IX OF THE EDUCATION AMEND23 MENTS OF 1972.—There are authorized to be appro24 priated for training, hiring, and retaining a work25 force exclusively dedicated to investigation and enmstockstill on DSK4VPTVN1PROD with BILLS

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1 forcement of title IX of the Education Amendments 

2 of 1972 (20 U.S.C. 1681 et seq.) provisions with re3 spect to sexual violence, for fiscal year 2015 and 

4 each of the 4 succeeding fiscal years, an amount 

5 that is equal to the sum of the amounts appro6 priated for such purpose for fiscal year 2014 plus 

7 $5,000,000. 

8 (2) SECTION 485(f) OF THE HIGHER EDU9 CATION ACT OF 1965.—There are authorized to be 

10 appropriated for training, hiring, and retaining a 

11 workforce exclusively dedicated to investigation and 

12 enforcement of section 485(f) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1092(f)), for fiscal 

14 year 2015 and each of the 4 succeeding fiscal years, 

15 an amount that is equal to the sum of the amounts 

16 appropriated for such purpose for fiscal year 2014 

17 plus $5,000,000. 

18 (f) DEFINITIONS.—In this section: 

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

20 an institution of higher education, an elementary 

21 school, or a secondary school. 

22 (2) The terms ‘‘elementary school’’ and ‘‘sec23 ondary school’’ have the meanings given the terms 

24 in section 9101 of the Elementary and Secondary 

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

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

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

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

4 (4) The term ‘‘sexual assault’’ means offense 

5 that meets the definition of rape, fondling, incest, or 

6 statutory rape under— 

7 (A) the Uniform Crime Report of the Fed8 eral Bureau of Investigation; and 

9 (B) the proposed regulations published by 

10 the Department of Education in the Federal 

11 Register on June 20, 2014, for appendix A of 

12 subpart D of part 668, Code of Federal Regula13 tions (79 Fed. Reg. 35461). 

14 SEC. 9. CONFORMING AMENDMENTS. 

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

16 (20 U.S.C. 1092(f)) is amended— 

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

18 offenses, forcible or nonforcible’’ and inserting ‘‘sex19 ual assault’’; and 

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

21 follows: 

22 ‘‘(v) The term ‘sexual assault’ has the 

23 meaning of an offense that meets the defi24 nition of rape, fondling, incest, or statutory 

25 rape under— 

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1 ‘‘(I) the Uniform Crime Report 

2 of the Federal Bureau of Investiga3 tion; and 

4 ‘‘(II) the proposed regulations 

5 published by the Department of Edu6 cation in the Federal Register on 

7 June 20, 2014, for appendix A of sub8 part D of part 668, Code of Federal 

9 Regulations (79 Fed. Reg. 35461).’’. 

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