II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Michael Pohle Jr. 

5 Campus Emergency Alert Act’’. 


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1 SEC. 2. LIABILITY AND PENALTY UNDER THE JEANNE 

2 CLERY DISCLOSURE OF CAMPUS SECURITY 

3 POLICY AND CAMPUS CRIME STATISTICS 

4 ACT. 

5 Section 485(f) of the Higher Education Act of 1965 

6 (20 U.S.C. 1092(f)) is amended by striking paragraph 

7 (13) and inserting the following: 

8 ‘‘(13)(A) CIVIL PENALTY.—Notwithstanding 

9 section 487(c)(3)(B)(i), the Secretary shall impose a 

10 civil penalty upon an institution of higher education 

11 participating in any program under this title if such 

12 institution— 

13 ‘‘(i) substantially misrepresents the num14 ber, location, or nature of the crimes required 

15 to be reported under this subsection; 

16 ‘‘(ii) fails to meet the requirement de17 scribed in paragraph (1)(J)(i); 

18 ‘‘(iii) fails to comply with the timely notifi19 cation requirements of paragraph (3); or 

20 ‘‘(iv) fails to comply with any other re21 quirement under this subsection. 

22 ‘‘(B) AMOUNT OF CIVIL PENALTY.— 

23 ‘‘(i) MAXIMUM PENALTY PER VIOLA24 TION.—Notwithstanding section 

25 487(c)(3)(B)(i), for each incident described in 

26 clauses (i) through (iv) of subparagraph (A), 


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1 the penalty described in such subparagraph 

2 shall be in an amount equal to not more than 

3 10 percent of the amount of funds that such in4 stitution of higher education has received from 

5 the Department in the previous award year, ex6 cluding the amount received by such institution 

7 under part D. 

8 ‘‘(ii) MINIMUM PENALTY PER VIOLA9 TION.—Notwithstanding section 

10 487(c)(3)(B)(i), for each incident described in 

11 clauses (i) through (iii) of subparagraph (A), 

12 the penalty described in such subparagraph 

13 shall be in an amount equal to not less than 2 

14 percent of the amount of funds that such insti15 tution of higher education has received from the 

16 Department in the previous award year, exclud17 ing the amount received by such institution 

18 under part D. 

19 ‘‘(iii) LIMITATION ON THE TOTAL PENALTY

20 AMOUNT.—Notwithstanding clauses (i) and (ii), 

21 the total amount of all penalties described in 

22 this paragraph with respect to an institution of 

23 higher education for an award year shall be in 

24 an amount equal to not more than 10 percent 

25 of the amount of all funds that such institution 


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1 of higher education has received from the De2 partment in the previous award year. 

3 ‘‘(C) SPECIAL ACCOUNT.—The Secretary of the 

4 Treasury shall establish a special account in the 

5 Treasury for the civil penalty fees collected under 

6 this paragraph. Revenues collected under such para7 graph shall be deposited in the special account and 

8 remain available for expenditure, without further ap9 propriation and until expended. The Department 

10 shall use the funds in such special account for activi11 ties relating to the promotion of campus safety.’’. 

Æ 


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