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 Organi-
zation 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 viola-
tion 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 
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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 agree-
ment.’’; 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 Edu-
cation 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 Edu-
cation 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 en-
tered into by such institution with the Secretary or Attor-
ney 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 Gen-
eral of the Department of Education shall submit to Con-
gress and make publicly available a report reviewing com-
pliance 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). 
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SEC. 3. DISCLOSURES OF REQUESTS FOR EXEMPTIONS 
UNDER TITLE IX. 
Section 203(b) of the Department of Education Or-
ganization 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 De-
partment’s website a list of each institution that has re-
quested 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 Orga-
nization 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 para-
graph (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 jurisdic-
tion of the Office for Civil Rights, the amount of 
which shall be determined by the gravity of the vio-
lation, and the imposition of which shall not pre-
clude other remedies available under Federal law.’’. 
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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 para-
graph (19); and 
(2) by inserting after paragraph (17) the fol-
lowing: 
‘‘(18) ONLINE SURVEY TOOL FOR CAMPUS SAFE-
TY.— 
‘‘(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, de-
velop, design, and make available through a secure 
and accessible online portal, a standardized online 
survey tool regarding student experiences with do-
mestic violence, dating violence, sexual assault, sex-
ual harassment, and stalking. 
‘‘(B) DEVELOPMENT OF SURVEY TOOL.—In de-
veloping the survey tool required under subpara-
graph (A), the Secretary shall— 
‘‘(i) use best practices from peer-reviewed 
research measuring domestic violence, dating vi-
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olence, sexual assault, sexual harassment, and 
stalking; 
‘‘(ii) consult with the higher education 
community, experts in survey research related 
to domestic violence, dating violence, sexual as-
sault, sexual harassment, and stalking, and or-
ganizations engaged in the prevention of and 
response to, and advocacy on behalf of victims 
of, domestic violence, dating violence, sexual as-
sault, sexual harassment, and stalking regard-
ing 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 dis-
abilities. 
‘‘(C) ELEMENTS.— 
‘‘(i) IN GENERAL.—The survey tool devel-
oped pursuant to this paragraph shall be fair 
and unbiased, scientifically valid and reliable, 
and meet the highest standards of survey re-
search. 
‘‘(ii) SURVEY
QUESTIONS.—Survey ques-
tions included in the survey tool developed pur-
suant to this paragraph shall— 
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‘‘(I) be designed to gather information 
on student experiences with domestic vio-
lence, dating violence, sexual assault, sex-
ual 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 stu-
dents the option to report their demo-
graphic information; 
‘‘(bb) questions designed to de-
termine the incidence and prevalence 
of domestic violence, dating violence, 
sexual assault, sexual harassment, 
and stalking whether the incident oc-
curred on or off campus, and whether 
carried out in whole or in part 
through the use of electronic mes-
saging services, commercial mobile 
services, electronic communications, or 
other technology; 
‘‘(cc) questions regarding wheth-
er students know about institutional 
policies and procedures related to do-
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‘‘(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 enforce-
ment; 
‘‘(hh) questions to determine why 
the victim chose to report or not re-
port 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 vi-
olence, sexual assault, sexual harass-
ment, and stalking on the victim’s 
education, 
including 
diminished 
grades, dropped classes, leaves of ab-
sence, and negative financial con-
sequences (such as costs associated 
with loss in paid tuition due to leaves 
of absence, loss in scholarship awards 
due to diminished grades, and cost as-
sociated with counseling, medical serv-
ices, or housing changes); 
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‘‘(jj) questions to determine the 
impact and effectiveness of prevention 
and awareness programs and com-
plaints processes for the overall stu-
dent body and different student popu-
lations that identify as— 
‘‘(AA) students of color; 
‘‘(BB) LGBTQ students; 
‘‘(CC) immigrant students; 
‘‘(DD) pregnant, expectant, 
or parenting students; or 
‘‘(EE) students with disabil-
ities; 
‘‘(kk) questions to determine atti-
tudes toward sexual violence and har-
assment, including the willingness of 
individuals to intervene as a bystander 
of sex-based (including sexual orienta-
tion-based and gender identity-based), 
race-based, national origin-based, and 
disability-based discrimination, har-
assment, assault, domestic violence, 
dating violence, sexual assault, sexual 
harassment, and stalking; and 
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‘‘(ll) other questions, as deter-
mined by the Secretary. 
‘‘(iii) ADDITIONAL
ELEMENTS.—In addi-
tion to the standardized questions developed by 
the Secretary under clause (ii), an institution 
may request additional information from stu-
dents 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 statis-
tics; and 
‘‘(III) in the case of such responses 
being included in a report, shall not in-
clude 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 edu-
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cation may, with respect to the survey tool de-
veloped pursuant to this paragraph— 
‘‘(I) administer such survey tool; and 
‘‘(II) modify such survey tool to in-
clude additional elements or requirements, 
as determined by the institution. 
‘‘(ii) COSTS.—The Secretary may not re-
quire 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 pur-
suant to this paragraph. 
‘‘(E) COMPLETED
SURVEYS.—The Secretary 
shall require each institution of higher education 
participating in any program under this title to en-
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sure, 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 infor-
mation 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 compari-
sons 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 dis-
abilities— 
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‘‘(i) the campus-level results of the stand-
ardized elements of the survey under this para-
graph on the website of the institution and in 
the annual security report required under para-
graph (1) for the campuses affiliated with the 
institution; and 
‘‘(ii) the campus-level results of the addi-
tional elements modifying the survey by the in-
stitution of higher education, if any, on the 
website of the institution. 
‘‘(H) VIOLATION.—Upon a determination pur-
suant 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 pur-
suant 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 fol-
lows: 
‘‘(14)(A) An individual may bring an action against 
an institution of higher education for a violation of this 
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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 ap-
propriate relief, including equitable relief, compensatory 
damages, cost of the action, and remedial action. 
‘‘(B) This paragraph shall not be construed to pre-
clude 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 re-
dress 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 PREVEN-
TION OF SEX-BASED HARASSMENT AND VIO-
LENCE. 
(a) IN GENERAL.—Paragraph (8) of section 485(f) 
of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) 
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is amended by adding at the end the following new sub-
paragraphs: 
‘‘(D) The statement of policy described in subpara-
graph (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 read-
ily accessible to and usable by individuals, including 
individuals with disabilities. 
‘‘(E) The statement of policy described in subpara-
graph (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 insti-
tution, or permitted by the institution to use its name or 
facilities or is known by the institution to act as an unaf-
filiated student group, student team, or student organiza-
tion, 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 appli-
cants. 
‘‘(F) An institution’s compliance with subparagraph 
(E) with respect to an unaffiliated student group, student 
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team, or student organization shall not constitute evidence 
of the institution’s recognition or endorsement of such un-
affiliated 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, Edu-
cation, 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), includ-
ing— 
(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 pol-
icy; 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 edu-
cation with respect to the statement of policy 
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requirements under such section, including ef-
forts, in consultation with the Attorney General, 
to provide technical assistance to institutions of 
higher education in complying with such re-
quirements; and 
(2) any changes in the numbers of dating vio-
lence, domestic violence, sexual assault, or stalking 
incidents reported to campus security authorities or 
local police agencies as indicated by the annual secu-
rity 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 VIO-
LENCE 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 es-
tablish 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 Sec-
retary of Education, Attorney General, Congress, 
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and the public with respect to prevention of, inves-
tigation of, and responses to domestic violence, dat-
ing violence, sexual harassment, sexual assault, and 
stalking at institutions of higher education; 
(2) provide recommendations to educational in-
stitutions for establishing prevention and response 
teams for domestic violence, dating violence, sexual 
harassment, sexual assault, and stalking; 
(3) develop recommendations for educational in-
stitutions on providing victim resources, including 
health care, sexual assault kits, sexual assault nurse 
examiners, culturally responsive and inclusive stand-
ards of care, trauma-informed services, and access to 
confidential advocacy and support services; 
(4) provide recommendations for educational in-
stitutions 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 per-
petuating rape culture such as fraternities and ath-
letic departments for best practices for prevention of 
and response to domestic violence, dating violence, 
sexual harassment, sexual assault, and stalking at 
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educational institutions, taking into consideration an 
institution’s size and resources; 
(6) develop recommendations for educational in-
stitutions on sex education, as appropriate, training 
for school staff, and various equitable discipline 
models; 
(7) develop recommendations on culturally re-
sponsive and inclusive approaches to supporting vic-
tims, 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 na-
tional, State, and local organizations that combat 
domestic violence, dating violence, sexual harass-
ment, sexual assault, and stalking, educational insti-
tutions, and other public stakeholders; 
(9) assess the Department of Education’s abil-
ity 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 non-
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compliance, 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 Vio-
lence 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 Harass-
ment and Violence in Education or to the Secretary 
of Education to assist the Task Force with the du-
ties 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 Harass-
ment and Violence in Education is established under sub-
section (a), the Task Force shall submit to Congress rec-
ommendations for recruiting, retaining, and training a 
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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, sex-
ual assault, and stalking in education. Such plan shall in-
clude— 
(1) an assessment to identify current gaps or 
challenges carrying out such investigation and en-
forcement, which may include surveying current in-
vestigative workforce to solicit feedback on areas in 
need of improvement; 
(2) an examination of issues of recruiting, re-
tention, and the professional development of such 
workforce, including the possibility of providing re-
tention bonuses or other forms of compensation for 
the purpose of ensuring the Department of Edu-
cation 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 
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educational institutions with respect to such work-
force; 
(4) an examination of best practices for making 
educational institutions aware of the most effective 
prevention, investigation, and response practices re-
lating to domestic violence, dating violence, sexual 
harassment, sexual assault, and stalking and identi-
fying areas where more research should be con-
ducted; and 
(5) strategies for addressing such other matters 
as the Secretary of Education considers necessary to 
prevention of, investigation of, and responses to do-
mestic 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 avail-
able, 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 vi-
olence, 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, 
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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 ‘‘sec-
ondary 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 vio-
lence’’, ‘‘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 non-
verbal (including conduct that is undertaken in 
whole or in part, through the use of electronic mes-
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saging services, commercial mobile services, elec-
tronic 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, hos-
tile, 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 sub-
mission to or rejection of such sexual act; 
(D) a sexual act, where such submission or 
rejection is used as the basis for a decision af-
fecting a term or condition of a program or ac-
tivity 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 vio-
lence (dating violence), and sex-based stalking. 
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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 ‘‘sex-
ual 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 In-
vestigation.’’. 
Æ 
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