for inflation annually, for each violation or misrepre-
sentation, 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 amend-
ed by adding at the end the following: 
‘‘SEC. 124. COORDINATION WITH LOCAL LAW ENFORCE-
MENT. 
‘‘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 under-
standing 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 cam-
pus of the institution. The memorandum of understanding 
shall include, but is not limited to— 
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‘‘(1) delineation and sharing protocols of inves-
tigative 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 Edu-
cation, 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 
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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 enforce-
ment 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 ob-
tain an agreement and that the institution 
acted in good faith, and submits to the Sec-
retary a copy of the institution’s final offer that 
was ultimately rejected. The Secretary of Edu-
cation will then have the discretion to grant the 
waiver. 
(B) REFERRAL TO DEPARTMENT OF JUS-
TICE.—The Secretary of Education shall refer 
to the Attorney General a copy of each waiver 
granted under paragraph (2)(B) and the rea-
son, the Secretary has determined, why local 
law enforcement refuses to enter into a memo-
randum of understanding. 
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(C) ADMINISTRATIVE REVIEW.—If the Sec-
retary 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 informa-
tion, 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 in-
stitution of higher education that fails to carry out 
the requirements of section 124 of the Higher Edu-
cation 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 ac-
cordance with the requirements described under section 
492 of the Higher Education Act of 1965 (20 U.S.C. 
1098a). 
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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 SEX-
UAL 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 estab-
lish 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 com-
plies with the following: 
‘‘(A) The confidential advisor shall not be 
a student, an employee designated as a respon-
sible employee under title IX of the Education 
Amendments of 1972, or the title IX coordi-
nator, but may have other roles at the institu-
tion. 
‘‘(B) The Secretary shall designate existing 
categories of employees that may serve as con-
fidential advisors. Such designation shall not 
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