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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5657 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5657
To amend the Higher Education Act of 1965 to require institutions of
higher education to have an independent advocate for campus sexual
assault prevention and response.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2026
Mr. Kaine (for himself, Mr. Booker, and Mr. Fetterman) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to require institutions of
higher education to have an independent advocate for campus sexual
assault prevention and response.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivor Outreach and Support Campus
Act'' or the ``SOS Campus Act''.
SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND
RESPONSE.
(a) In General.--Part G of title IV of the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the
following:
``SEC. 494A. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION
AND RESPONSE.
``(a) Advocate.--
``(1) In general.--
``(A) Designation.--Each institution of higher
education that receives Federal financial assistance
under this title shall designate an independent
advocate for campus sexual assault prevention and
response (referred to in this section as the
`Advocate') who shall be appointed based on experience
and a demonstrated ability of the individual to
effectively provide sexual assault survivor services.
``(B) Notification of existence of and information
for the advocate.--Each employee of an institution
described in subparagraph (A) who receives a report of
sexual assault shall notify the survivor of the
existence of, contact information for, and services
provided by the Advocate of the institution.
``(C) Appointment.--Not later than 180 days after
the date of enactment of the Survivor Outreach and
Support Campus Act, the Secretary shall prescribe
regulations for institutions to follow in appointing
Advocates under this section. At a minimum, each
Advocate shall--
``(i) report to an individual outside the
body responsible for investigating and
adjudicating sexual assault complaints at the
institution; and
``(ii) submit to such individual an annual
report summarizing how the resources supplied
to the Advocate were used, including the number
of male and female sexual assault survivors
assisted.
``(2) Role of the advocate.--In carrying out the
responsibilities described in this section, the Advocate shall
represent the interests of the student survivor even when in
conflict with the interests of the institution. The Advocate
may not be disciplined, penalized, or otherwise retaliated
against by the institution for representing the interest of the
survivor, in the event of a conflict of interest with the
institution.
``(b) Sexual Assault.--In this section, 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.
``(c) Responsibilities of the Advocate.--Each Advocate shall carry
out the following, regardless of whether the survivor wishes the
survivor's report to remain confidential:
``(1)(A) Ensure that survivors of sexual assault at the
institution receive, with the survivor's consent, the following
sexual assault survivor's assistance services available 24
hours a day:
``(i) Information on how to report a campus sexual
assault to law enforcement.
``(ii) Emergency medical care, including follow up
medical care as requested.
``(iii) Medical forensic or evidentiary
examinations.
``(B) Ensure that survivors of sexual assault at the
institution receive, with the survivor's consent, the following
sexual assault survivor's assistance services:
``(i) Crisis intervention counseling and ongoing
counseling.
``(ii) Information on the survivor's rights and
referrals to additional support services.
``(iii) Information on legal services.
``(C) Provide the services described in subparagraphs (A)
and (B) either--
``(i) pursuant to a memorandum of understanding
(that includes transportation services) at a rape
crisis center, legal organization, or other community-
based organization located within a reasonable distance
from the institution; or
``(ii) on the campus of the institution in
consultation with a rape crisis center, legal
organization, or other community-based organization.
``(D) Ensure that a survivor of sexual assault may not be
disciplined, penalized, or otherwise retaliated against for
reporting such assault to the Advocate.
``(2) Guide survivors of sexual assault who request
assistance through the reporting, counseling, administrative,
medical and health, academic accommodations, or legal processes
of the institution or local law enforcement.
``(3) Attend, at the request of the survivor of sexual
assault, any administrative or institution-based adjudication
proceeding related to such assault as an advocate for the
survivor.
``(4) Maintain the privacy and confidentiality of the
survivor and any witness of such sexual assault, and the
Advocate shall not notify the institution or any other
authority of the identity of the survivor or any such witness
or the alleged circumstances surrounding the reported sexual
assault, unless otherwise required by the applicable laws in
the State where such institution is located.
``(5) Conduct a public information campaign to inform the
students enrolled at the institution of the existence of,
contact information for, and services provided by the Advocate,
including--
``(A) posting information--
``(i) on the website of the institution;
``(ii) in student orientation materials;
and
``(iii) on posters displayed in
dormitories, cafeterias, sports arenas, locker
rooms, entertainment facilities, and
classrooms; and
``(B) training coaches, faculty, school
administrators, resident advisors, and other staff to
provide information on the existence of, contact
information for, and services provided by the Advocate.
``(d) Clery Act and Title IX.--Nothing in this section shall alter
or amend the rights, duties, and responsibilities under section 485(f)
or under title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.) (also known as the `Patsy Takemoto Mink Equal Opportunity in
Education Act').''.
(b) Program Participation Agreement.--Section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the
end the following:
``(30) The institution agrees to comply with the
requirements of section 494A regarding an independent advocate
for campus sexual assault prevention and response.''.
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