[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5354 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5354

    To amend the Higher Education Act of 1965 and the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act to 
         combat campus sexual violence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2014

 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Meehan, Mr. Poe 
of Texas, Mrs. Bustos, Ms. Moore, Ms. Bonamici, Mrs. Brooks of Indiana, 
 Mrs. Ellmers, Ms. Jenkins, Mrs. Capito, Mrs. Noem, Ms. Roybal-Allard, 
Mr. Reed, Mr. Scott of Virginia, Ms. Frankel of Florida, Mr. Joyce, Ms. 
  Kuster, and Mr. Peters of Michigan) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, and 
   in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Higher Education Act of 1965 and the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act to 
         combat campus sexual violence, 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 ``Campus Accountability and Safety 
Act''.

SEC. 2. AMENDMENTS TO THE CLERY ACT.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) (known as the Jeanne Clery Disclosure of Campus Security 
Policy and Campus Crime Statistics Act) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and on the website of the 
                institution'' after ``through appropriate publications 
                or mailings'';
                    (B) in subparagraph (C), by striking clause (ii) 
                and inserting the following:
                    ``(ii) the memorandum of understanding between the 
                institution and local law enforcement that is required 
                under section 124 (or, if such requirement has been 
                waived, a description of the working relationship of 
                campus security personnel with State and local law 
                enforcement agencies); and''; and
                    (C) by adding at the end the following:
                    ``(K)(i) With respect to the criminal activity 
                described in subparagraph (F)(i)(II), the eligible 
                institution shall prepare by not later than 1 year 
                after the date of enactment of the Campus 
                Accountability and Safety Act, and annually thereafter, 
                the following additions:
                            ``(I) The number of cases that were 
                        investigated by the institution.
                            ``(II) The number of cases that were 
                        referred for a disciplinary proceeding at the 
                        institution.
                            ``(III) The number of cases that were 
                        referred to local or State law enforcement.
                            ``(IV) The number of alleged perpetrators 
                        that were found responsible by the disciplinary 
                        proceeding at the institution.
                            ``(V) The number of alleged perpetrators 
                        that were found not responsible by the 
                        disciplinary proceeding at the institution.
                            ``(VI) A description of the final sanctions 
                        imposed by the institution for each offense 
                        perpetrated.
                            ``(VII) The number of disciplinary 
                        proceedings at the institution that have closed 
                        without resolution.
                    ``(ii) The Secretary shall provide technical 
                assistance to eligible institutions to assist in 
                meeting such additional preparation obligations.'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7)(A) The statistics described in clauses (i) and (ii) 
        of paragraph (1)(F)--
                    ``(i) shall not identify victims of crimes or 
                persons accused of crimes; and
                    ``(ii) shall be compiled in accordance with the 
                following definitions:
                            ``(I) 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)).
                            ``(II) For offenses not described in 
                        subclause (I), such statistics shall be 
                        compiled in accordance with--
                                    ``(aa) either the National 
                                Incident-Based Reporting System or the 
                                Uniform Crime Reporting Program of the 
                                Federal Bureau of Investigation, if a 
                                definition is available; and
                                    ``(bb) if an offense is not defined 
                                in either the National Incident-Based 
                                Reporting System or the Uniform Crime 
                                Reporting Program of the Federal Bureau 
                                of Investigation, a definition provided 
                                by the Secretary.
            ``(B) The Secretary shall establish and make publicly 
        available a definition for any offense that--
                    ``(i) is required to be reported in accordance with 
                paragraph (1)(F);
                    ``(ii) is not an offense described in subparagraph 
                (A)(ii)(I); and
                    ``(iii) is not defined in either the National 
                Incident-Based Reporting System or the Uniform Crime 
                Reporting Program of the Federal Bureau of 
                Investigation.'';
            (3) in paragraph (8)(B)(i)--
                    (A) in the matter preceding subclause (I), by 
                inserting ``, developed in consultation with local, 
                State, and national sexual assault, dating violence, 
                domestic violence, and stalking victim advocacy, victim 
                services, or prevention organizations, and local law 
                enforcement,'' after ``Education programs''; and
                    (B) in subclause (I)(aa), by inserting ``, 
                including the fact that these are crimes for the 
                purposes of this subsection and reporting under this 
                subsection and the institution of higher education 
                will, based on the victim's wishes, cooperate with 
                local law enforcement with respect to any alleged 
                criminal offenses involving students or employees of 
                the institution of higher education'' after 
                ``stalking'';
            (4) by redesignating paragraph (18) as paragraph (22); and
            (5) by inserting after paragraph (17) the following:
            ``(18) The individual at an institution of higher education 
        that is designated as a responsible employee, as defined in 
        section 901(e) of the Education Amendments of 1972, shall be 
        considered a campus security authority, as defined in section 
        668.46(a) of title 34, Code of Federal Regulations.
            ``(19)(A) The Secretary shall, in consultation with the 
        Attorney General, develop, design, and administer through an 
        online portal, a standardized, online survey of students 
        regarding their experiences with sexual violence and 
        harassment. The survey shall be administered every year. The 
        survey shall not include any personally identifiable 
        information. The Secretary shall develop such survey tool using 
        best practices from peer-reviewed research measuring sexual 
        violence and harassment. In addition to the standardized 
        questions developed by the Secretary, institutions completing 
        the survey may request additional information from students 
        that would increase the institutions' understanding of school 
        climate factors unique to their campuses.
            ``(B) In carrying out subparagraph (A), the Secretary shall 
        require each institution participating in any program under 
        this title, to ensure that an adequate, random, and 
        representative sample size of students enrolled at the 
        institution complete the survey described in subparagraph (A) 
        not later than 1 year after the date of enactment of the Campus 
        Accountability and Safety Act.
            ``(C) Responses to the survey shall be submitted 
        confidentially and shall not be included in crime statistics 
        reported under this subsection. In addition, questions should 
        be designed to gather information on survivor experiences, and 
        shall therefore use trauma-informed language to prevent re-
        traumatization.
            ``(D) The survey described in subparagraph (A) shall 
        include, but is not limited to, the following topics:
                    ``(i) Those designed to determine the incidence and 
                prevalence of sexual violence, dating violence, 
                domestic violence, and stalking.
                    ``(ii) Those on whether students know about 
                institutional policies and procedures.
                    ``(iii) Those on, if victims reported the violence, 
                to whom and what response did they receive and if they 
                were informed of, or referred to, local, State, on-
                campus, and or national resources.
                    ``(iv) Those on contextual factors, such as whether 
                force, incapacitation, or coercion was involved.
                    ``(v) Those on whether the assailant was a student.
                    ``(vi) Those on whether the victim was referred to 
                local or State law enforcement.
            ``(E) The Secretary shall tabulate and publish an annual 
        report on the information gained from the survey under this 
        paragraph on the website of the Department and submit such 
        report to Congress. The report shall include campus-level data 
        for each school and attributed by name of each campus.
            ``(20) Not later than 180 days after the date of enactment 
        of the Campus Accountability and Safety Act, the Assistant 
        Secretary for Postsecondary Education of the Department and the 
        Assistant Secretary for Civil Rights of the Department shall 
        jointly develop and make publicly available guidance regarding 
        the intersection between this subsection and title IX of the 
        Education Amendments of 1972, in order to clarify how the 
        provisions of this subsection and such title shall be carried 
        out. The guidance shall include clarifying language on how this 
        subsection and such title IX interact pertaining to sexual 
        violence, and shall clarify and resolve any potential 
        discrepancies or inconsistencies between the two.
            ``(21) Notwithstanding any other provision of this Act, 
        upon determination, after reasonable notice and opportunity for 
        a hearing, that an eligible institution has violated or failed 
        to carry out any provision of this subsection, or agreement 
        made to resolve a compliance review under this subsection, or 
        any regulation prescribed under this subsection, the Secretary 
        may impose a civil penalty upon such institution not to exceed 
        $150,000, which shall be adjusted for inflation annually, for 
        each violation or misrepresentation, or per month a survey is 
        not completed at the standard required. The Secretary may use 
        any such civil penalty funds to enforce and administer the 
        provisions of this subsection.''.

SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT.

    (a) In General.--Part B of title I of the Higher Education Act of 
1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the 
following:

``SEC. 124. COORDINATION WITH LOCAL LAW ENFORCEMENT.

    ``Each institution of higher education that receives funds or any 
other form of financial assistance under any Federal program, including 
participation in any federally funded or guaranteed student loan 
program, shall enter into, and update every 2 years, a memorandum of 
understanding with all applicable local law enforcement agencies to 
clearly delineate responsibilities and share information, in accordance 
with applicable Federal confidentiality laws, about certain serious 
crimes that shall include, but not be limited to, sexual violence, 
occurring against students of the institution or against other 
individuals on the campus of the institution. The memorandum of 
understanding shall include, but is not limited to--
            ``(1) delineation and sharing protocols of investigative 
        responsibilities;
            ``(2) protocols for investigations, including standards for 
        notification and communication and measures to promote evidence 
        preservation;
            ``(3) agreed upon training and requirements for the 
        institution on issues related to sexual violence; and
            ``(4) a method of sharing information about specific 
        crimes, when directed by the victim, and a method of sharing 
        crime details anonymously in order to better protect overall 
        campus safety.''.
    (b) Effective Date and Penalty.--
            (1) Effective date.--The amendment made by subsection (a) 
        shall take effect on the date that is 1 year after the date of 
        enactment of this Act.
            (2) Penalty.--The Secretary of Education--
                    (A) may impose a civil penalty of not more than 1 
                percent of an institution's operating budget, as 
                defined by the Secretary of Education, each year that 
                the institution of higher education fails to carry out 
                the requirements of section 124 of the Higher Education 
                Act of 1965, as added by subsection (a), by the date 
                that is 1 year after the date of enactment of this Act; 
                and
                    (B) may waive the penalty pursuant to paragraph 
                (3).
            (3) Waiver.--
                    (A) In general.--If local law enforcement refuses 
                to enter into a memorandum of understanding under 
                section 124 of the Higher Education Act of 1965, as 
                added by subsection (a), the Secretary of Education may 
                waive the penalty under paragraph (2) if the 
                institution certifies why the institution was unable to 
                obtain an agreement and that the institution acted in 
                good faith, and submits to the Secretary a copy of the 
                institution's final offer that was ultimately rejected. 
                The Secretary of Education will then have the 
                discretion to grant the waiver.
                    (B) Referral to department of justice.--The 
                Secretary of Education shall refer to the Attorney 
                General a copy of each waiver granted under paragraph 
                (2)(B) and the reason, the Secretary has determined, 
                why local law enforcement refuses to enter into a 
                memorandum of understanding.
                    (C) Administrative review.--If the Secretary of 
                Education does not grant a waiver under paragraph 
                (2)(B), the institution may submit additional 
                information to receive such waiver. If, after 
                submitting additional information, the Secretary still 
                does not grant a waiver under paragraph (2)(B), the 
                decision of the Secretary shall be subject to review 
                pursuant to section 706(2)(A) of title 5, United States 
                Code.
            (4) Voluntary resolution.--Nothing in this subsection shall 
        prevent the Secretary of Education from entering into a 
        voluntary resolution with an institution of higher education 
        that fails to carry out the requirements of section 124 of the 
        Higher Education Act of 1965, as added by subsection (a), by 
        the date that is 1 year after the date of enactment of this 
        Act.
    (c) Negotiated Rulemaking.--The Secretary of Education shall 
establish regulations to carry out the this section and the amendment 
made by this section in accordance with the requirements described 
under section 492 of the Higher Education Act of 1965 (20 U.S.C. 
1098a).

SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL VIOLENCE.

    (a) In General.--Part B of title I of the Higher Education Act of 
1965 (20 U.S.C. 1011 et seq.) is further amended by adding after 
section 124 (as added by section 3), the following:

``SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL VIOLENCE.

    ``Each institution of higher education that receives funds or any 
other form of financial assistance under any Federal program, including 
participation in any federally funded or guaranteed student loan 
program, shall establish a campus security policy that includes the 
following:
            ``(1) The designation of 1 or more confidential advisor 
        roles at the institution to whom victims of crime can report 
        anonymously or directly, that complies with the following:
                    ``(A) The confidential advisor shall not be a 
                student, an employee designated as a responsible 
                employee under title IX of the Education Amendments of 
                1972, or the title IX coordinator, but may have other 
                roles at the institution.
                    ``(B) The Secretary shall designate existing 
                categories of employees that may serve as confidential 
                advisors. Such designation shall not preclude the 
                institution from designating new or existing employees 
                or partnering with local, State, or national victim 
                services organizations to serve as confidential 
                advisors or to serve in other confidential roles.
                    ``(C) The confidential advisor shall be trained to 
                perform a victim-centered, trauma-informed (forensic) 
                interview, which shall focus on the experience of the 
                victim. The confidential advisor may perform the 
                interview for which the goal is to elicit information 
                about the traumatic event in question so that the 
                interview can be used in either a campus or criminal 
                investigation or disciplinary proceeding.
                    ``(D) The confidential advisor shall inform the 
                victim of the victim's control over possible next steps 
                regarding the victim's reporting options and the 
                consequences of those options, including, but not 
                limited to, the option to conduct a forensic interview 
                with the option to have the forensic interview be 
                recorded, the option to receive a copy of the recorded 
                forensic interview with the option to notify a 
                responsible employee and initiate a campus disciplinary 
                proceeding, the option to notify local law enforcement 
                and initiate a criminal investigation, the option to 
                grant campus disciplinary officials access to the 
                forensic interview, and the option to grant law 
                enforcement officials access to the forensic interview. 
                The confidential advisor shall assist in conducting a 
                forensic interview, making notifications, and granting 
                access to a forensic interview as directed by the 
                victim.
                    ``(E) The confidential advisor shall liaise with 
                campus or local law enforcement when directed by the 
                victim, and, as appropriate, may assist the victim in 
                contacting and reporting to campus or local law 
                enforcement.
                    ``(F) The confidential advisor shall be authorized 
                by the institution to arrange reasonable accommodations 
                through the institution to allow the victim to change 
                living arrangements or class schedules, or obtain 
                accessibility services, and make other changes.
                    ``(G) The confidential advisor shall also advise 
                the victim of both the victim's rights and the 
                institution's responsibilities regarding orders of 
                protection, no contact orders, restraining orders, or 
                similar lawful orders issued by the institution or a 
                criminal, civil, or tribal court.
                    ``(H) The confidential advisor shall not be 
                obligated to report crimes to the institution or law 
                enforcement, unless otherwise required to do so by 
                State law, and shall provide confidential services to 
                students and employees. Requests for arrangement made 
                by a confidential advisor do not constitute notice to a 
                responsible employee for title IX purposes, even when 
                such advisors work only in the area of sexual assault.
                    ``(I) The name and contact information for the 
                confidential advisor, as well as a victims' reporting 
                options, the process of investigation and adjudication 
                both by the institution and by law enforcement, and 
                potential reasonable accommodations, which shall be 
                listed on the website of the institution.
                    ``(J) The institution may partner with an outside 
                victim advocacy organization to provide the service 
                described in this subparagraph.
                    ``(K) Each institution that enrolls fewer than 
                1,000 students may partner with another institution in 
                their region or State to provide the services described 
                in this subparagraph.
                    ``(L) The institution shall appoint an adequate 
                number of confidential advisors not later than the 
                earlier of--
                            ``(i) 1 year after the Secretary determines 
                        through a negotiated rulemaking process what an 
                        adequate number of confidential advisors is for 
                        an institution based on its size; or
                            ``(ii) 3 years after the date of enactment 
                        of the Campus Accountability and Safety Act.
            ``(2) The institution may provide an online reporting 
        system to collect anonymous disclosures of crimes. The victim 
        may submit an anonymous report but the institution would only 
        be obligated to investigate when a formal report is submitted 
        to a responsible employee.
            ``(3) The telephone number and URL for a local, State, or 
        national hotline providing information to sexual violence 
        victims shall be clearly communicated on the website of the 
        institution and updated on a timely basis.
            ``(4) The name and location of the nearest medical facility 
        where an individual may have a rape kit administered by a 
        trained sexual violence forensic nurse shall be included on the 
        website of the institution, including information on 
        transportation options and reimbursement for a visit to such 
        facility.
            ``(5) The institution shall provide an amnesty clause for 
        any student who reports, in good faith, sexual violence to a 
        responsible employee so that they will not be sanctioned by the 
        institution for a student conduct violation, such as underage 
        drinking, that is revealed in the course of such a report.''.
    (b) Effective Date.--Paragraphs (2) through (5) of section 125 of 
the Higher Education Act of 1965, as added by subsection (a), shall 
take effect on the date that is 1 year after the date of enactment of 
this Act.
    (c) Penalty.--
            (1) In general.--The Secretary of Education may impose a 
        civil penalty of not more than 1 percent of an institution's 
        operating budget, as defined by the Secretary, each year that 
        the institution fails to carry out the requirements of--
                    (A) section 125(1) of the Higher Education Act of 
                1965, as added by subsection (a), by not later than the 
                earlier of--
                            (i) 1 year after the Secretary of Education 
                        determines through a negotiated rulemaking 
                        process what an adequate number of confidential 
                        advisors is for the institution based on its 
                        size; or
                            (ii) 3 years after the date of enactment of 
                        this Act; and
                    (B) paragraphs (2) through (5) of section 125 of 
                the Higher Education Act of 1965, as added by 
                subsection (a), by the date that is 1 year after the 
                date of enactment of this Act.
            (2) Voluntary resolution.--Nothing in this subsection shall 
        prevent the Secretary of Education from entering into a 
        voluntary resolution with an institution of higher education 
        that fails to carry out the requirements of--
                    (A) section 125(1) of the Higher Education Act of 
                1965, as added by subsection (a), by not later than the 
                earlier of--
                            (i) 1 year after the Secretary of Education 
                        determines through a negotiated rulemaking 
                        process what an adequate number of confidential 
                        advisors is for the institution based on its 
                        size; or
                            (ii) 3 years after the date of enactment of 
                        this Act; and
                    (B) paragraphs (2) through (5) of section 125 of 
                the Higher Education Act of 1965, as added by 
                subsection (a), by the date that is 1 year after the 
                date of enactment of this Act.
    (d) Negotiated Rulemaking.--The Secretary of Education shall 
establish regulations to carry out the this section and the amendment 
made by this section in accordance with the requirements described 
under section 492 of the Higher Education Act of 1965 (20 U.S.C. 
1098a).

SEC. 5. PROGRAM PARTICIPATION AGREEMENTS.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended by striking paragraph (12) and inserting the 
following:
            ``(12) The institution certifies that--
                    ``(A) the institution is in compliance with the 
                requirements of section 124 regarding coordination with 
                local law enforcement;
                    ``(B) the institution has established support for 
                survivors of sexual violence that meets the 
                requirements of section 125; and
                    ``(C) the institution has complied with the 
                disclosure requirements of section 485(f).''.

SEC. 6. ENFORCEMENT AND TRAINING; SUBPOENA AUTHORITY.

    Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is 
amended by adding at the end the following:
    ``(d) Website.--The Secretary of Education shall establish a title 
IX website that includes the following:
            ``(1) The name and contact information for the title IX 
        coordinator, including a brief description of the coordinator's 
        role and the roles of other officials who may be contacted to 
        discuss or report sexual harassment, for each educational 
        institution. Each educational institution shall provide the 
        name and contact information for the title IX coordinator to 
        the Secretary of Education not later than 30 days after the 
        date of enactment of the Campus Accountability and Safety Act.
            ``(2) The Department's pending investigations, enforcement 
        actions, letters of finding, final resolutions, and voluntary 
        resolution agreements for all complaints and compliance reviews 
        under this title related to sexual harassment. The Secretary 
        shall indicate whether the investigation, action, letter, 
        resolution, or agreement is based on a complaint or compliance 
        review. The Secretary shall make the information under this 
        subsection available regarding a complaint once the Office for 
        Civil Rights receives a written complaint, and conducts an 
        initial evaluation, and has determined that the complaint 
        should be opened for investigation of an allegation that, if 
        substantiated, would constitute a violation of this title. In 
        carrying out this subsection, the Secretary shall ensure that 
        personally identifiable information is not reported and shall 
        comply with section 444 of the General Education Provisions Act 
        (20 U.S.C. 1232g), commonly known as the `Family Educational 
        Rights and Privacy Act of 1974'.
    ``(e) Training of Responsible Employees and Other Employees.--
            ``(1) Responsible employee.--In this subsection, the term 
        `responsible employee' means an employee of an institution of 
        higher education who has the authority to redress sexual 
        harassment or who has the duty to report incidents of sexual 
        harassment or other misconduct by students or employees to the 
        title IX coordinator or other appropriate school designee.
            ``(2) Training of responsible employees.--Each institution 
        of higher education shall employ a responsible employee who 
        shall complete minimum training requirements (as determined by 
        the Secretary of Education in coordination with the Attorney 
        General and to include training by local, State, or national 
        victim services organizations) and shall be responsible for--
                    ``(A) reporting cases of sexual harassment to the 
                title IX coordinator of the institution; and
                    ``(B) providing a student or employee who reports 
                that the student or employee has been a victim of 
                sexual harassment, including, but not limited to, 
                sexual violence, whether the offense occurred on or off 
                campus, with a written explanation of the student or 
                employee's rights and options, as described in clauses 
                (ii) through (vii) of section 485(f)(8)(B) of the 
                Higher Education Act of 1965.
            ``(3) Other/additional training.--Each individual who is 
        involved in implementing an institution of higher education's 
        grievance procedures, including each individual who is 
        responsible for resolving complaints of reported crimes, shall 
        have training or experience in handling sexual violence 
        complaints, and the operations of the institution's grievance 
        procedures, not later than 1 year after the date of enactment 
        of the Campus Accountability and Safety Act. The training shall 
        include, but is not limited to--
                    ``(A) information on working with and interviewing 
                persons subjected to sexual violence;
                    ``(B) information on particular types of conduct 
                that would constitute sexual violence, including same-
                sex sexual violence;
                    ``(C) information on consent and the role drugs or 
                alcohol can play in the ability to consent;
                    ``(D) the effects of trauma, including 
                neurobiological change; and
                    ``(E) cultural awareness training regarding how 
                sexual violence may impact students differently 
                depending on their cultural background.
            ``(4) Uniform campus-wide process for disciplinary 
        proceeding relating to claim of sexual violence.--Each 
        institution of higher education that receives Federal funding--
                    ``(A) shall establish and carry out a uniform 
                process (for each campus of the institution) for 
                disciplinary proceedings relating to any claims of 
                sexual violence; and
                    ``(B) shall not carry out a different disciplinary 
                process on the same campus for a matter of sexual 
                violence, or alter the uniform process described in 
                subparagraph (A), based on the status or 
                characteristics of a student who will be involved in 
                that disciplinary proceeding, including characteristics 
                such as a student's membership on an athletic team, 
                academic major, or any other characteristic or status 
                of a student.
    ``(f) Department of Education and Department of Justice Civil 
Penalties for Institutions of Higher Education.--
            ``(1) In general.--Upon determination, after reasonable 
        notice and opportunity for a hearing, that an educational 
        institution that is an institution of higher education has 
        violated or failed to carry out any provision of this section 
        in a factual circumstance related to sexual violence or any 
        regulation prescribed under this section related to sexual 
        violence, the Secretary of Education or Attorney General, may 
        impose a civil penalty upon such institution of not more than 1 
        percent of the institution's 1-year operating budget, as 
        defined by the Secretary of Education, for each violation or 
        failure. A civil penalty shall not interfere with the 
        Secretary's or Attorney General's ability to enter into a 
        voluntary resolution agreement with an institution of higher 
        education.
            ``(2) Adjustment to penalties.--Any civil penalty under 
        paragraph (1) may be modified by the Secretary of Education or 
        Attorney General. In determining the amount of such penalty, or 
        the amount agreed upon in compromise, the appropriateness of 
        the penalty to the size of the operating budget of the 
        educational institution subject to the determination, and the 
        gravity of the violation or failure, and whether the violation 
        or failure was done intentionally, negligently, or otherwise, 
        shall be considered.
            ``(3) Distribution.--Any civil monetary penalty or monetary 
        settlement collected under this subsection shall be transferred 
        to the Office for Civil Rights of the Department of Education 
        or the Department of Justice to be used for purposes of 
        enforcing the provisions of this title related to sexual 
        harassment.
            ``(4) Clarification.--Nothing in the Campus Accountability 
        and Safety Act, or any amendment made by such Act, shall alter, 
        amend, or interfere with the rights and remedies provided for 
        and available under this title.
    ``(g) Statute of Limitations.--An individual may file a complaint 
for a violation of this title, with regards to sexual violence, with 
the Office for Civil Rights of the Department of Education not later 
than 180 days after the date of graduation or disaffiliation with the 
institution.
    ``(h) Subpoena and Civil Investigative Demand Authority.--
            ``(1) Authority to compel.--In order to obtain information 
        and documents that are relevant to determining compliance with 
        this title, including any regulations promulgated to carry out 
        this title, the Assistant Secretary of the Office for Civil 
        Rights of the Department of Education and the Assistant 
        Attorney General of the Civil Rights Division of the Department 
        of Justice are authorized to require by subpoena the attendance 
        and testimony of any person that one can reasonably believe to 
        have first-hand knowledge, including current and former 
        students and employees of institutions of higher education, and 
        the production of documents, including reports, answers, 
        records, accounts, papers, and other data in any medium 
        (including electronically stored information), and any tangible 
        thing.
            ``(2) Refusal to obey.--A subpoena issued under this 
        subsection, in the case of contumacy or refusal to obey, shall 
        be enforceable by order of any appropriate United States 
        district court.
            ``(3) Civil investigative demand authority.--The Assistant 
        Secretary of the Office for Civil Rights of the Department of 
        Education and the Assistant Attorney General of the Civil 
        Rights Division of the Department of Justice shall have civil 
        investigative demand authority, which authorizes the request 
        for documents of the institutions and written answers to 
        interrogatories in order to determine compliance with title IX.
    ``(i) Coordinator.--Each educational institution that receives 
Federal financial assistance from the Department of Education shall 
submit, annually, to the Office for Civil Rights of the Department of 
Education and the Civil Rights Division of the Department of Justice, 
the name of the title IX coordinator of the institution, including a 
brief description of the coordinator's role and the roles of other 
officials of the institution who may be contacted to discuss or report 
sexual violence, and documentation of training received by the title IX 
coordinator. The educational institution shall provide updated 
information to the Office for Civil Rights of the Department of 
Education and the Civil Rights Division of the Department of Justice 
not later than 30 days after the date of any change.''.

SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM-CENTERED TRAUMA-
              INFORMED (FORENSIC) INTERVIEWS.

    Section 304 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
            (1) in subsection (a)(2), by striking ``$300,000'' and 
        inserting ``$500,000'';
            (2) in subsection (b), by adding at the end the following:
            ``(11) To train campus personnel in conducting victim-
        centered, trauma-informed (forensic) interviews.''; and
            (3) in subsection (g)--
                    (A) by striking ``In this section'' and inserting 
                ``(1) In general.--In this section''; and
                    (B) by adding at the end the following:
            ``(2) Victim-centered, trauma-informed (forensic) 
        interview.--In this section, the term `victim-centered, trauma-
        informed (forensic) interview' means an evidence-based 
        interview focused on the experience of the victim, conducted by 
        a trained forensic interviewer, in which the goal of the 
        interview is to elicit information about the traumatic event in 
        question for use in a future investigation. The victim shall be 
        given the option to have the interview recorded and to receive 
        a copy of the recorded interview. The victim shall be informed 
        of the reasons why the victim may or may not choose to have the 
        interview recorded.''.
                                 <all>