Sec. 3. Coordination with local law enforcement
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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: 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— delineation and sharing protocols of investigative responsibilities; protocols for investigations, including standards for notification and communication and measures to promote evidence preservation; agreed upon training and requirements for the institution on issues related to sexual violence; and 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. .
The amendment made by subsection
(a)shall take effect on the date that is 1 year after the date of enactment of this Act. 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 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 may waive the penalty pursuant to paragraph (3). 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. 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. 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. 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. 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).
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