20 U.S.C. § 1689 — Task Force on Sexual Violence in Edu-

Page 1030 TITLE 20—EDUCATION § 1689 (Pub. L. 92–318, title IX, § 909, as added Pub. L. 100–259, § 3(b), Mar. 22, 1988, 102 Stat. 29.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IX of Pub. L. 92–318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c–6, 2000c–9, and 2000h–2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. Statutory Notes and Related Subsidiaries CONSTRUCTION This section not to be construed to extend applica- tion of Education Amendments of 1972, Pub. L. 92–318, to ultimate beneficiaries of Federal financial assist- ance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100–259, set out as a note under sec- tion 1687 of this title. ABORTION NEUTRALITY Pub. L. 100–259, § 8, Mar. 22, 1988, 102 Stat. 31, provided that: ‘‘No provision of this Act or any amendment made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to force or require any individual or hospital or any other institution, program, or activity receiving Fed- eral Funds [sic] to perform or pay for an abortion.’’ § 1689. Task Force on Sexual Violence in Edu- cation (a) Task Force on Sexual Violence in Education Not later than September 1, 2022, the Sec- retary of Education, the Secretary of Health and Human Services, and the Attorney General shall establish a joint interagency task force to be known as the ‘‘Task Force on Sexual Violence in Education’’ that shall— (1) provide pertinent information to the Sec- retary of Education, the Attorney General, Congress, and the public with respect to cam- pus sexual violence prevention, investigations, and responses, including the creation of con- sistent, public complaint processes for viola- tions of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and section 1092(f) of this title; (2) provide recommendations to educational institutions for establishing sexual assault prevention and response teams; (3) develop recommendations for educational institutions on providing survivor resources, including health care, sexual assault kits, sex- ual assault nurse examiners, culturally re- sponsive and inclusive standards of care, trau- ma-informed services, and access to confiden- tial advocacy and support services; (4) develop recommendations in conjunction with student groups for best practices for re- sponses to and prevention of sexual violence and dating violence for educational institu- tions, taking into consideration an institu- tion’s size and resources; (5) develop recommendations for educational institutions on sex education, as appropriate, training for school staff, and various equitable discipline models; (6) develop recommendations on culturally responsive and inclusive approaches to sup- porting survivors, which include consideration of race, ethnicity, national origin, religion, immigrant status, lesbian, gay, bisexual, or transgender (commonly referred to as ‘‘LGBT’’) status, ability, disability, socio-eco- nomic status, exposure to trauma, and other compounding factors; (7) solicit periodic input from a diverse group of survivors, trauma specialists, advo- cates from national, State, and local anti-sex- ual violence advocacy organizations, institu- tions of higher education, and other public stakeholders; (8) assess the Department of Education’s ability under section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) to levy in- termediate fines for noncompliance with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the advisability of ad- ditional remedies for such noncompliance, in addition to the remedies already available under Federal law; and (9) 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 agen- cy for which appropriations are authorized under the Violence Against Women Act of 1994 (34 U.S.C. 13925 et seq.), or any amendments made by that Act, may detail an officer or em- ployee of such component to the Task Force on Sexual Violence in Education or to the Sec- retary of Education to assist the Task Force with the duties described in subsection (a), as jointly agreed to by the head of such compo- nent and the Task Force. (2) Terms of 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 Sexual Violence in Education is established under subsection (a), the Task Force shall submit to Congress recommenda- tions for recruiting, retaining, and training a highly-qualified workforce employed by the De- partment of Education to carry out investiga- tion of complaints alleging a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 1092(f) of this title, and enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section 1092(f) of this title, with respect to sexual violence in education, which shall include— (1) an assessment to identify gaps or chal- lenges in carrying out such investigation and enforcement, which may include surveying the current investigative workforce to solicit feed- back on areas in need of improvement; (2) an examination of issues of recruiting, re- tention, and the professional development of the current investigative workforce, including the possibility of providing retention bonuses or other forms of compensation for the pur- Page 1031 TITLE 20—EDUCATION § 1689 pose of ensuring the Department of Education has the capacity, in both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational in- stitutions; (3) an assessment of the benefits of outreach and training with both law enforcement agen- cies and educational institutions with respect to such workforce; (4) an examination of best practices for mak- ing educational institutions aware of the most effective campus sexual violence prevention, investigation, and response practices and iden- tifying areas where more research should be conducted; and (5) strategies for addressing such other mat- ters as the Secretary of Education considers necessary to sexual violence prevention, inves- tigation, and responses. (d) Annual reporting The Task Force on Sexual Violence in Edu- cation shall submit to Congress, and make pub- licly available, an annual report of its activities and any update of the plan required under sub- section (c), including— (1) the number of complaints received re- garding sexual violence at educational institu- tions; (2) the number of open investigations of sex- ual violence at educational institutions; (3) the number of such complaints that con- tinued to resolution; (4) the number of such complaints resolved using informal resolution; (5) the average time to complete such an in- vestigation; (6) the number of such investigations initi- ated based on complaints; and (7) the number of such investigations initi- ated by the Department of Education. (e) Definitions In this section: (1) Educational institution The term ‘‘educational institution’’ includes an institution of higher education, an elemen- tary school, or a secondary school. (2) Elementary school; secondary school The terms ‘‘elementary school’’ and ‘‘sec- ondary school’’ have the meanings given the terms in section 7801 of this title. (3) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1002 of this title. (Pub. L. 117–103, div. W, title XIII, § 1314, Mar. 15, 2022, 136 Stat. 936.) Editorial Notes REFERENCES IN TEXT The Education Amendments of 1972, referred to in subsecs. (a)(1), (8) and (c), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to this chapter. For com- plete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. The Violence Against Women Act of 1994, referred to in subsec. (b)(1), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see section 40001 of Pub. L. 103–322, set out as a Short Title of 1994 Act note under section 10101 of Title 34, Crime Control and Law Enforcement, and Tables. Section 7801 of this title, referred to in subsec. (e)(3), was in the original ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)’’, and was translated as if it had been a reference to section 8101 of the Elementary and Secondary Education Act of 1965 to reflect the probable intent of Congress and the renumbering of section 9101 of the Act as 8101 by Pub. L. 114–95, § 8001(a)(1). CODIFICATION Section was enacted as part of the Violence Against Women Act Reauthorization Act of 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of title IX of Pub. L. 92–318 which is classi- fied principally to this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. DEFINITIONS For definitions of terms used in this section, see sec- tion 12291 of Title 34, Crime Control and Law Enforce- ment, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34. CHAPTER 39—EQUAL EDUCATIONAL OPPOR- TUNITIES AND TRANSPORTATION OF STU- DENTS SUBCHAPTER I—EQUAL EDUCATIONAL OPPORTUNITIES PART 1—POLICY AND PURPOSE Sec. 1701. Congressional declaration of policy. 1702. Congressional findings. PART 2—UNLAWFUL PRACTICES 1703. Denial of equal educational opportunity pro- hibited. 1704. Balance not required. 1705. Assignment on neighborhood basis not a de- nial of equal educational opportunity. PART 3—ENFORCEMENT 1706. Civil actions by individuals denied equal edu- cational opportunities or by Attorney Gen- eral. 1707. Population changes without effect, per se, on school population changes. 1708. Jurisdiction of district courts. 1709. Intervention by Attorney General. 1710. Civil actions by Attorney General; notice of violations; certification respecting under- taking appropriate remedial action. PART 4—REMEDIES 1712. Formulating remedies; applicability. 1713. Priority of remedies. 1714. Transportation of students. 1715. District lines. 1716. Voluntary adoption of remedies. 1717. Reopening proceedings. 1718. Limitation on court orders; termination of orders conditioned upon compliance with fifth and fourteenth amendments; state- ment of basis for termination orders; stay of termination orders.