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lence, sexual assault, sexual harassment, and stalk-
ing regarding the development and design of such 
survey tool and the methodology for administration 
of such survey tool; and 
(3) ensure that the survey tool is readily acces-
sible to and usable by individuals with disabilities. 
(c) ELEMENTS.— 
(1) IN GENERAL.—The survey tool developed 
pursuant to this paragraph shall be fair and unbi-
ased, scientifically valid and reliable, and meet the 
highest standards of survey research. 
(2) SURVEY QUESTIONS.—Survey questions in-
cluded in the survey tool developed pursuant to this 
section shall— 
(A) be designed to gather information on 
student experiences with domestic violence, dat-
ing violence, sexual assault, sexual harassment, 
and stalking, including the experiences of vic-
tims of such incidents; 
(B) use trauma-informed language to pre-
vent retraumatization; and 
(C) include the following: 
(i) Questions that give students the 
option to report their demographic infor-
mation. 
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(ii) Questions designed to determine 
the incidence and prevalence of domestic 
violence, dating violence, sexual assault, 
sexual harassment, and stalking. 
(iii) Questions regarding whether stu-
dents know about institutional policies and 
procedures related to domestic violence, 
dating violence, sexual assault, sexual har-
assment, and stalking. 
(iv) Questions designed to determine, 
if victims reported domestic violence, dat-
ing violence, sexual assault, sexual harass-
ment, or stalking— 
(I) to whom the incident was re-
ported and what response the victim 
may have received; 
(II) whether the victim was in-
formed of, or referred to, national, 
State, local, or on-campus resources; 
and 
(III) whether the entity to whom 
the victim reported the incident con-
ducted an investigation and the dura-
tion and final resolution of such an 
investigation. 
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(v) Questions regarding contextual 
factors, such as whether force, incapacita-
tion, or coercion was involved. 
(vi) Questions to determine whether 
an accused individual was a student at the 
institution. 
(vii) Questions to determine whether a 
victim reported an incident to State, local, 
or campus law enforcement. 
(viii) Questions to determine why the 
victim chose to report or not report an in-
cident to the institution or State, local, or 
campus law enforcement. 
(ix) Questions to determine the im-
pact of domestic violence, dating violence, 
sexual assault, sexual harassment, and 
stalking on the victim’s education, includ-
ing 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 hous-
ing changes). 
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(x) Questions to determine the impact 
and effectiveness of prevention and aware-
ness programs and complaints processes. 
(xi) Questions to determine attitudes 
toward sexual violence and harassment, in-
cluding the willingness of individuals to in-
tervene as a bystander of sex-based (in-
cluding sexual orientation-based and gen-
der identity-based), race-based, national 
origin-based, and disability-based discrimi-
nation, harassment, assault, domestic vio-
lence, dating violence, sexual assault, sex-
ual harassment, and stalking. 
(xii) Other questions, as determined 
by the Secretary of Education. 
(3) ADDITIONAL
ELEMENTS.—In addition to 
the standardized questions developed by the Sec-
retary of Education under paragraph (2), an institu-
tion may request additional information from stu-
dents that would increase the understanding of the 
institution of school climate factors unique to their 
campuses. 
(4) RESPONSES.—The responses to the survey 
questions described in paragraph (2) shall— 
(A) be submitted confidentially; 
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(B) not be included in crime statistics; and 
(C) in the case of such responses being in-
cluded in a report, shall not include personally 
identifiable information. 
(d) ADMINISTRATION OF SURVEY.— 
(1) FEDERAL
ADMINISTRATION.—The Sec-
retary of Education, in consultation with the Attor-
ney 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 re-
spect to the survey tool developed pursuant to this 
section— 
(A) administer such survey tool; and 
(B) modify such survey tool to include ad-
ditional elements or requirements, as deter-
mined by the institution. 
(2) COSTS.—The Secretary of Education may 
not require an institution of higher education to pay 
to modify the survey tool in accordance with para-
graph (1)(B). 
(3) ACCESSIBILITY.—The Secretary of Edu-
cation shall ensure that the survey tool is adminis-
tered in such a way as to be readily accessible to 
and usable by individuals with disabilities. 
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(4) INSTITUTIONAL
ADMINISTRATION.—Begin-
ning not later than 1 year after the date on which 
the Secretary of Education makes available to insti-
tutions the mechanism described in paragraph (1), 
and every 2 years thereafter, each institution shall 
administer the survey tool developed pursuant to 
this section. 
(e) COMPLETED SURVEYS.—The Secretary of Edu-
cation shall require each institution 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 complete the survey tool devel-
oped pursuant to this section. 
(f) REPORT.—Beginning not later than 2 years after 
the date of enactment of this Act, the Secretary of Edu-
cation shall prepare a biennial report on the information 
gained from the standardized elements of the survey under 
this section and publish such report in an accessible for-
mat on the website of the Department and submit such 
report to Congress. The report shall include campus-level 
data for each school and attributed by name of each cam-
pus in a manner that permits comparisons across schools 
and campuses. 
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(g) PUBLICATION.—Each institution shall publish, in 
a manner that is readily accessible and usable by individ-
uals, including individuals with disabilities— 
(1) the campus-level results of the standardized 
elements of the survey under this section on the 
website of the institution and in the annual security 
report required under subsection (f) for the cam-
puses affiliated with the institution; and 
(2) the campus-level results of the additional 
elements modifying the survey by the institution, if 
any, on the website of the institution. 
(h) VIOLATION.—Upon a determination pursuant to 
section 487(c)(3)(B) of the Higher Education Act of 1965 
(20 U.S.C. 1094(c)(3)(B)) that an institution of higher 
education has violated or failed to carry out any provision 
under this section, the Secretary of Education shall im-
pose a civil penalty upon the institution in the same 
amount and pursuant to the same procedures as a civil 
penalty is imposed under section 487(c)(3)(B) of the 
Higher Education Act of 1965 (20 U.S.C. 1094(c)(3)(B)). 
SEC. 1614. STUDY ON CHILD CUSTODY IN DOMESTIC VIO-
LENCE CASES. 
The Attorney General, in consultation with the Sec-
retary of Health and Human Services, shall conduct a 
study investigating whether victims who raise evidence of 
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domestic violence are more likely to lose primary custody 
of children to an abusive partner or to the State, includ-
ing— 
(1) a review of State laws, regulations, and 
practices on how child neglect and custody situations 
are handled in domestic violence situations; and 
(2) a list of recommendations on how to re-
structure State laws, regulations, and practices to 
better protect victims of domestic violence and their 
children. 
TITLE XVII—PROTECTIONS FOR 
CERTAIN IMMIGRANT WOMEN 
SEC. 1701. PILOT PROGRAM TO PROVIDE ADDITIONAL PRO-
TECTIONS. 
Notwithstanding any other provision of law, the Sec-
retary of Homeland Security shall publish an interim final 
rule establishing a 6-year pilot program allowing non-
immigrants authorized for employment under section 106 
of the Immigration and Nationality Act (8 U.S.C. 1105a), 
and their children, to apply for lawful temporary status 
and travel authorization independent of the principal non-
immigrants to which their current status is or was tied. 
Such interim final rule shall be published and take effect 
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not later than 180 days after the date of the enactment 
of this Act. 
Passed the House of Representatives March 17, 
2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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