[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2285 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2285

 To increase civil penalties for institutions of higher education that 
  fail to comply with the Jeanne Clery Disclosure of Campus Security 
                Policy and Campus Crime Statistics Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2012

 Mr. Menendez introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To increase civil penalties for institutions of higher education that 
  fail to comply with the Jeanne Clery Disclosure of Campus Security 
                Policy and Campus Crime Statistics Act.

    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 ``Michael Pohle Jr. Campus Emergency 
Alert Act''.

SEC. 2. LIABILITY AND PENALTY UNDER THE JEANNE CLERY DISCLOSURE OF 
              CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS ACT.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) is amended by striking paragraph (13) and inserting the 
following:
            ``(13)(A) Civil penalty.--Notwithstanding section 
        487(c)(3)(B)(i), the Secretary shall impose a civil penalty 
        upon an institution of higher education participating in any 
        program under this title if such institution--
                    ``(i) substantially misrepresents the number, 
                location, or nature of the crimes required to be 
                reported under this subsection;
                    ``(ii) fails to meet the requirement described in 
                paragraph (1)(J)(i);
                    ``(iii) fails to comply with the timely 
                notification requirements of paragraph (3); or
                    ``(iv) fails to comply with any other requirement 
                under this subsection.
            ``(B) Amount of civil penalty.--
                    ``(i) Maximum penalty per violation.--
                Notwithstanding section 487(c)(3)(B)(i), for each 
                incident described in clauses (i) through (iv) of 
                subparagraph (A), the penalty described in such 
                subparagraph shall be in an amount equal to not more 
                than 10 percent of the amount of funds that such 
                institution of higher education has received from the 
                Department in the previous award year, excluding the 
                amount received by such institution under part D.
                    ``(ii) Minimum penalty per violation.--
                Notwithstanding section 487(c)(3)(B)(i), for each 
                incident described in clauses (i) through (iii) of 
                subparagraph (A), the penalty described in such 
                subparagraph shall be in an amount equal to not less 
                than 2 percent of the amount of funds that such 
                institution of higher education has received from the 
                Department in the previous award year, excluding the 
                amount received by such institution under part D.
                    ``(iii) Limitation on the total penalty amount.--
                Notwithstanding clauses (i) and (ii), the total amount 
                of all penalties described in this paragraph with 
                respect to an institution of higher education for an 
                award year shall be in an amount equal to not more than 
                10 percent of the amount of all funds that such 
                institution of higher education has received from the 
                Department in the previous award year.
            ``(C) Special account.--The Secretary of the Treasury shall 
        establish a special account in the Treasury for the civil 
        penalty fees collected under this paragraph. Revenues collected 
        under such paragraph shall be deposited in the special account 
        and remain available for expenditure, without further 
        appropriation and until expended. The Department shall use the 
        funds in such special account for activities relating to the 
        promotion of campus safety.''.
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