H.R. 812House113th Congress (2013-2015)In Committee

Campus Sexual Violence Elimination Act

Introduced February 25, 2013

Legislative Activity

Stay on top of the latest movement without scrolling through every action

3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Higher Education and Workforce Training.

April 23, 2013

View full timeline
HouseIntro Referral

Introduced in House

February 25, 2013

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E179)

February 25, 2013

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

February 25, 2013

HouseCommittee

Referred to the Subcommittee on Higher Education and Workforce Training.

April 23, 2013

Floor Debate

24 members

What members said about H.R. 812 on the floor

9 Republicans15 Democrats
John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-13 · Feb 28, 2013

Madam Speaker, I yield 1 minute to the gentleman from Minnesota (Mr. Ellison). Madam Speaker, I am pleased to yield 1 minute to the gentlelady from Hawaii (Ms. Hanabusa). Madam Speaker, I am pleased…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Feb 28, 2013

Madam Speaker, as I stand under the ``E Pluribus Unum,'' I pray that this body will do as the Senate has done and come together as one to protect all women from violence. As I think about the LGBT…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Feb 28, 2013

Madam Speaker, during my service in Congress representing Central Washington, I have always voted to renew the Violence Against Women Act. As a husband, a father, and a grandfather, I strongly…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 28, 2013

Madam Speaker, I thank the gentleman very much, and I thank the gentlelady, Congresswoman Moore, for her leadership, and thank her for bringing reality to this day. For the last 18 years, we have had…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Feb 28, 2013

Madam Speaker, I yield myself 1 minute. Madam Speaker, when Congress enacted the original Violence Against Women Act nearly two decades ago, we sent a very clear and immediate message to the American…

Show 8 more
Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-12 · Feb 28, 2013

Madam Speaker, I rise in support of the Senate version of the Violence Against Women Act. According to the US Department of Justice, in 2007 intimate partners committed 14 percent of all the…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Feb 28, 2013

I thank the gentleman for yielding. Madam Speaker, this bill is about women. It is about our sisters and daughters. It is about combating violence that no human being should ever face--rape, assault,…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Feb 28, 2013

I thank my good friend for yielding. Madam Speaker, I rise in strong support of the Violence Against Women Act offered by Congresswoman McMorris Rodgers. It authorizes $2.2 billion for VAWA to help…

Charles W. Dent
Rep. Charles W. DentR-PA-15 · Feb 28, 2013

Madam Speaker, I rise today in support of S. 47, the Violence Against Women Reauthorization Act of 2013, which passed the Senate with a strong bipartisan majority. I do support that underlying bill.…

Trey Gowdy
Rep. Trey GowdyR-SC-4 · Feb 28, 2013

Liz Chesterman was an honors graduate from Hollins University in Virginia. Then she got her Ph.D. in molecular biology. Then she became a patent agent with the largest law firm in South Carolina. And…

Susan W. Brooks
Rep. Susan W. BrooksR-IN-5 · Feb 28, 2013

I rise in support of VAWA. Yelling. Name calling. Black eyes. Bruises. Belts. Broken bottles. Children scared and crying in the corners, crying for it to stop. The lies and coverups to friends and…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Feb 28, 2013

I thank the gentleman for yielding. Madam Speaker, 2 weeks ago, the Senate overwhelmingly passed a strong, bipartisan reauthorization of the Violence Against Women Act to extend much-needed…

Steven Horsford
Rep. Steven HorsfordD-NV-4 · Feb 28, 2013

No woman should have to live in fear of violence in this country. One of my first actions in Congress was to cosponsor the Violence Against Women Act, which was authored by my colleague, Gwen Moore.…

Show 11 more
Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Feb 28, 2013

Madam Speaker, I rise today in support of S. 47, the Violence Against Women Reauthorization Act of 2013. I urge my colleagues to pass this bill which aims to protect all Americans from domestic and…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Feb 28, 2013

Madam Speaker, I am pleased to see the Republican Leadership in the House has decided to relent on its ideological objections to renewing the landmark protections and support services for women who…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Feb 28, 2013

Madam Speaker, the Violence Against Women Act (VAWA) has historically provided a vast network of support for victims of domestic violence, dating violence, sexual assault, and stalking since its…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Feb 28, 2013

Madam Speaker, I want to congratulate the leader for her efforts in getting us to this point. Today, after 2 months, I think we're going to do something very positive, and we're going to do it in a…

Kevin Cramer
Rep. Kevin CramerR-ND · Feb 28, 2013

Madam Speaker, just under 3 years ago, a 2-year-old little boy in Bismarck, North Dakota, watched for half an hour while his stepfather beat his mother to death. Today, that little boy is my…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Feb 28, 2013

Madam Speaker, while I'm glad that we will have the opportunity to vote on Senate passed version of the Violence Against Women Act today, I can't believe that we have to stand here playing partisan…

Raúl M. Grijalva
Rep. Raúl M. GrijalvaD-AZ-3 · Feb 28, 2013

Madam Speaker, I rise today to express my support for the Senate-approved Violence Against Women Act reauthorization bill known as S. 47 and to explain my concerns about its counterpart in the House.…

Patrick Meehan
Rep. Patrick MeehanR-PA-7 · Feb 28, 2013

Madam Speaker, I rise to encourage my colleagues from both sides of the aisle to put aside this rhetoric and to find a way to work together to pass the Violence Against Women Act, to move this…

Alan S. Lowenthal
Rep. Alan S. LowenthalD-CA-47 · Feb 28, 2013

Madam Speaker, I stand here today to urge my colleagues to bring the Senate-version of the Violence Against Women Act--a bill that would provide critical services to all victims of domestic abuse--to…

Kerry L. Bentivolio
Rep. Kerry L. BentivolioR-MI-11 · Feb 28, 2013

Madam Speaker, legislation that is passed here needs to be more than just a title that sounds good in the press. I understand that when most in this country hear the ``Violence Against Women Act,''…

James Lankford
Rep. James LankfordR-OK-5 · Feb 28, 2013

Madam Speaker, I do want to stand in support of the House proposal today on protecting women across this Nation. This is something that protects all women. I know there's been some interesting…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued February 25, 2013

I

113th CONGRESS

1st Session

H. R. 812

IN THE HOUSE OF REPRESENTATIVES

February 25, 2013

Mrs. Carolyn B. Maloney of New York (for herself, Ms. Moore, Mr. Meehan, Mr. Larsen of Washington, Ms. DeLauro, Ms. McCollum, Ms. Hahn, Mr. Connolly, Mr. Clay, Mr. Holt, Mr. Moran, Mr. Grijalva, Mr. Conyers, Ms. Bonamici, Ms. Wasserman Schultz, Mr. Levin, Mr. Loebsack, Mr. Keating, Ms. Schwartz, Mr. Michaud, Ms. Schakowsky, Ms. Eshoo, Mr. Sherman, Mr. Van Hollen, Ms. Norton, Mr. Cicilline, Mr. Cooper, Ms. Titus, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking.

1.

Short title

This Act may be cited as the Campus Sexual Violence Elimination Act.

2.

Campus sexual violence, domestic violence, dating violence, and stalking education and prevention

(a)

In general

Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (C)(iii), by striking the period at the end and inserting , when the victim of such crime elects or is unable to make such a report.; and

(B)

in subparagraph (F)—

(i)

in clause (i)(VIII), by striking and after the semicolon;

(ii)

in clause (ii)—

(I)

by striking sexual orientation and inserting national origin, sexual orientation, gender identity,; and

(II)

by striking the period and inserting ; and; and

(iii)

by adding at the end the following:

(iii)

of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.

;

(2)

in paragraph (3), by inserting , that withholds the names of victims as confidential, after that is timely;

(3)

in paragraph (6)(A)—

(A)

by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively;

(B)

by inserting before clause (ii), as redesignated by subparagraph (A), the following:

(i)

The terms dating violence, domestic violence, and stalking have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).

; and

(C)

by inserting after clause (iv), as redesignated by subparagraph (A), the following:

(v)

The term sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

;

(4)

in paragraph (7)—

(A)

by striking paragraph (1)(F) and inserting clauses (i) and (ii) of paragraph (1)(F); and

(B)

by inserting after Hate Crime Statistics Act. the following: For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).;

(5)

by striking paragraph (8) and inserting the following:

(8)
(A)

Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding—

(i)

such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and

(ii)

the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report.

(B)

The policy described in subparagraph (A) shall address the following areas:

(i)

Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include—

(I)

primary prevention and awareness programs for all incoming students and new employees, which shall include—

(aa)

a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;

(bb)

the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction;

(cc)

the definition of consent, in reference to sexual activity, in the applicable jurisdiction;

(dd)

safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;

(ee)

information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and

(ff)

the information described in clauses (ii) through (vii); and

(II)

ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).

(ii)

Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking.

(iii)

Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about—

(I)

the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order;

(II)

to whom the alleged offense should be reported;

(III)

options regarding law enforcement and campus authorities, including notification of the victim's option to—

(aa)

notify proper law enforcement authorities, including on-campus and local police;

(bb)

be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and

(cc)

decline to notify such authorities; and

(IV)

where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

(iv)

Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that—

(I)

such proceedings shall—

(aa)

provide a prompt, fair, and impartial investigation and resolution;

(bb)

be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and

(cc)

use the preponderance of the evidence standard;

(II)

the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and

(III)

both the accuser and the accused shall be simultaneously informed, in writing, of—

(aa)

the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;

(bb)

the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;

(cc)

any change to the results that occurs prior to the time that such results become final; and

(dd)

when such results become final.

(v)

Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.

(vi)

Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community.

(vii)

Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

(C)

A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B).

;

(6)

in paragraph (9), by striking The Secretary and inserting The Secretary, in consultation with the Attorney General of the United States,;

(7)

by striking paragraph (16) and inserting the following:

(16)
(A)

The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.

(B)

The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.

; and

(8)

by striking paragraph (17) and inserting the following:

(17)

No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.

.

(b)

Effective date

The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year.