[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5844 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5844

  To amend the Jeanne Clery Disclosure of Campus Security Policy and 
Campus Crime Statistics Act to provide further clarity for institutions 
              of higher education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2012

    Mr. Meehan (for himself, Mr. Carney, Mrs. Emerson, Mr. Brady of 
Pennsylvania, Mr. Issa, and Mr. Platts) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Jeanne Clery Disclosure of Campus Security Policy and 
Campus Crime Statistics Act to provide further clarity for institutions 
              of higher education, and for other purposes.

    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 ``Protecting Victims on Campus Act of 
2012''.

SEC. 2. DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME 
              STATISTICS.

    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 (A), by inserting before the 
                semicolon the following: ``, and making available to 
                students and employees a list of the titles, in each 
                department of the institution, of each individual who 
                is a campus security authority to whom students and 
                employees should report the criminal offenses described 
                in subparagraph (F)''; and
                    (B) in subparagraph (F)(i)--
                            (i) by striking ``and'' at the end of 
                        subclause (VIII); and
                            (ii) by adding the following at the end:
                                    ``(X) criminal offenses involving 
                                minors; and'';
            (2) by repealing paragraph (2);
            (3) in paragraph (3)--
                    (A) by striking ``Each'' and inserting ``(A) 
                Each'';
                    (B) by inserting ``, that keeps confidential the 
                personally identifiable information of victims,'' after 
                ``that is timely''; and
                    (C) by adding at the end the following:
                    ``(B) In carrying out the requirements of 
                subparagraph (A), an institution shall--
                            ``(i) designate an individual who is 
                        familiar with the requirements of this 
                        subsection to serve as a campus security 
                        authority coordinator to--
                                    ``(I) oversee campus security 
                                authorities;
                                    ``(II) solicit and compile the 
                                crimes described in subparagraph (F) of 
                                paragraph (1) reported to such 
                                authorities for the purpose of 
                                including such information in the 
                                timely reports required under this 
                                paragraph; and
                                    ``(III) ensure that when a crime of 
                                violence (as defined in section 16 of 
                                title 18, United States Code) is 
                                reported to a campus security 
                                authority, the authority reports the 
                                crime to local law police agencies;
                            ``(ii) establish policies or procedures for 
                        training campus security authorities and the 
                        campus security authority coordinator; and
                            ``(iii) employ or designate an individual 
                        or other entity to conduct such training using 
                        the policies or procedures established under 
                        clause (ii), upon receiving approval from the 
                        Secretary for such individual or other entity 
                        to conduct such training.'';
            (4) in paragraph (13)--
                    (A) by striking ``Upon'' and inserting ``(A) 
                Upon'';
                    (B) by inserting ``which distinguishes between 
                institutional neglect and intentional misrepresentation 
                or withholding of information,'' after ``this 
                subsection,'';
                    (C) by inserting ``, except that the Secretary 
                shall impose a larger civil penalty in the case of an 
                institution of higher education determined to have 
                intentionally violated this subsection, as compared to 
                an institution of higher education that violated this 
                subsection as a result of institutional neglect. An 
                intentional violation of this subsection by an 
                institution of higher education shall be subject to 
                criminal prosecution'' after ``under section 
                487(c)(3)(B)''; and
                    (D) by adding at the end the following:
                    ``(B) Prior to making a determination described in 
                subparagraph (A) with respect to an institution of 
                higher education, the Secretary shall--
                            ``(i) conduct an investigation with respect 
                        to the institution; and
                            ``(ii) provide the institution with a 
                        timeline of the investigation and a preliminary 
                        report that includes the reasons for conducting 
                        such investigation.''; and
            (5) in paragraph (17), before the period insert the 
        following: ``or any individual because such individual provided 
        information or made a complaint to a law enforcement agency 
        relating to the implementation of any provision of this 
        subsection, provided that the individual acted in good faith 
        when providing such information or making such complaint''.
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