 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                     SUBCHAPTER VIII--MISCELLANEOUS
 
Sec. 1152. Grants to combat violent crimes against women on 
        campuses
        

(a) Grants authorized

                           (1) In general

        The Attorney General is authorized to make grants to 
    institutions of higher education, for use by such institutions or 
    consortia consisting of campus personnel, student organizations, 
    campus administrators, security personnel, and regional crisis 
    centers affiliated with the institution, to develop and strengthen 
    effective security and investigation strategies to combat violent 
    crimes against women on campuses, and to develop and strengthen 
    victim services in cases involving violent crimes against women on 
    campuses, which may include partnerships with local criminal justice 
    authorities and community-based victim services agencies.

                           (2) Award basis

        The Attorney General shall award grants and contracts under this 
    section on a competitive basis.

                     (3) Equitable participation

        The Attorney General shall make every effort to ensure--
            (A) the equitable participation of private and public 
        institutions of higher education in the activities assisted 
        under this section; and
            (B) the equitable geographic distribution of grants under 
        this section among the various regions of the United States.

(b) Use of grant funds

    Grant funds awarded under this section may be used for the following 
purposes:
        (1) To provide personnel, training, technical assistance, data 
    collection, and other equipment with respect to the increased 
    apprehension, investigation, and adjudication of persons committing 
    violent crimes against women on campus.
        (2) To train campus administrators, campus security personnel, 
    and personnel serving on campus disciplinary or judicial boards to 
    more effectively identify and respond to violent crimes against 
    women on campus, including the crimes of sexual assault, stalking, 
    domestic violence, and dating violence.
        (3) To implement and operate education programs for the 
    prevention of violent crimes against women.
        (4) To develop, enlarge, or strengthen support services 
    programs, including medical or psychological counseling, for victims 
    of sexual offense crimes.
        (5) To create, disseminate, or otherwise provide assistance and 
    information about victims' options on and off campus to bring 
    disciplinary or other legal action, including assistance to victims 
    in immigration matters.
        (6) To develop and implement more effective campus policies, 
    protocols, orders, and services specifically devoted to prevent, 
    identify, and respond to violent crimes against women on campus, 
    including the crimes of sexual assault, stalking, domestic violence, 
    and dating violence.
        (7) To develop, install, or expand data collection and 
    communication systems, including computerized systems, linking 
    campus security to the local law enforcement for the purpose of 
    identifying and tracking arrests, protection orders, violations of 
    protection orders, prosecutions, and convictions with respect to 
    violent crimes against women on campus, including the crimes of 
    sexual assault, stalking, domestic violence, and dating violence.
        (8) To develop, enlarge, or strengthen victim services programs 
    for the campus and to improve delivery of victim services on campus.
        (9) To provide capital improvements (including improved lighting 
    and communications facilities but not including the construction of 
    buildings) on campuses to address violent crimes against women on 
    campus, including the crimes of sexual assault, stalking, domestic 
    violence, and dating violence.
        (10) To support improved coordination among campus 
    administrators, campus security personnel, and local law enforcement 
    to reduce violent crimes against women on campus.

(c) Applications

                           (1) In general

        In order to be eligible to be awarded a grant under this section 
    for any fiscal year, an institution of higher education shall submit 
    an application to the Attorney General at such time and in such 
    manner as the Attorney General shall prescribe.

                            (2) Contents

        Each application submitted under paragraph (1) shall--
            (A) describe the need for grant funds and the plan for 
        implementation for any of the purposes described in subsection 
        (b) of this section;
            (B) describe how the campus authorities shall consult and 
        coordinate with nonprofit and other victim services programs, 
        including sexual assault, domestic violence and dating violence 
        victim services programs;
            (C) describe the characteristics of the population being 
        served, including type of campus, demographics of the 
        population, and number of students;
            (D) provide measurable goals and expected results from the 
        use of the grant funds;
            (E) provide assurances that the Federal funds made available 
        under this section shall be used to supplement and, to the 
        extent practical, increase the level of funds that would, in the 
        absence of Federal funds, be made available by the institution 
        for the purposes described in subsection (b) of this section; 
        and
            (F) include such other information and assurances as the 
        Attorney General reasonably determines to be necessary.

         (3) Compliance with campus crime reporting required

        No institution of higher education shall be eligible for a grant 
    under this section unless such institution is in compliance with the 
    requirements of section 1092(f) of this title.

(d) General terms and conditions

                     (1) Nonmonetary assistance

        In addition to the assistance provided under this section, the 
    Attorney General may request any Federal agency to use the agency's 
    authorities and the resources granted to the agency under Federal 
    law (including personnel, equipment, supplies, facilities, and 
    managerial, technical, and advisory services) in support of campus 
    security, and investigation and victim service efforts.

                        (2) Grantee reporting

        (A) Annual report

            Each institution of higher education receiving a grant under 
        this section shall submit an annual performance report to the 
        Attorney General. The Attorney General shall suspend funding 
        under this section for an institution of higher education if the 
        institution fails to submit an annual performance report.

        (B) Final report

            Upon completion of the grant period under this section, the 
        institution shall file a performance report with the Attorney 
        General and the Secretary of Education explaining the activities 
        carried out under this section together with an assessment of 
        the effectiveness of those activities in achieving the purposes 
        described in subsection (b) of this section.

                       (3) Report to Congress

        Not later than 180 days after the end of the fiscal year for 
    which grants are awarded under this section, the Attorney General 
    shall submit to the committees of the House of Representatives and 
    the Senate responsible for issues relating to higher education and 
    crime, a report that includes--
            (A) the number of grants, and the amount of funds, 
        distributed under this section;
            (B) a summary of the purposes for which the grants were 
        provided and an evaluation of the progress made under the grant;
            (C) a statistical summary of the persons served, detailing 
        the nature of victimization, and providing data on age, sex, 
        race, ethnicity, language, disability, relationship to offender, 
        geographic distribution, and type of campus; and
            (D) an evaluation of the effectiveness of programs funded 
        under this part,\1\ including information obtained from reports 
        submitted pursuant to section 1092(f) of this title.
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    \1\ See References in Text note below.
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                    (4) Regulations or guidelines

        Not later than 120 days after October 7, 1998, the Attorney 
    General, in consultation with the Secretary of Education, shall 
    publish proposed regulations or guidelines implementing this 
    section. Not later than 180 days after October 7, 1998, the Attorney 
    General shall publish final regulations or guidelines implementing 
    this section.

(f) \2\ Definitions
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    \2\ So in original. No subsec. (e) has been enacted.
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    In this section--
        (1) the term ``dating violence'' means violence committed by a 
    person--
            (A) who is or has been in a social relationship of a 
        romantic or intimate nature with the victim; and
            (B) where the existence of such a relationship shall be 
        determined based on a consideration of the following factors:
                (i) the length of the relationship;
                (ii) the type of relationship; and
                (iii) the frequency of interaction between the persons 
            involved in the relationship.\3\
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    \3\ So in original. The period probably should be a semicolon.

        (2) the term ``domestic violence'' includes acts or threats of 
    violence, not including acts of self defense, committed by a current 
    or former spouse of the victim, by a person with whom the victim 
    shares a child in common, by a person who is cohabitating with or 
    has cohabitated with the victim, by a person similarly situated to a 
    spouse of the victim under the domestic, dating or family violence 
    laws of the jurisdiction, or by any other person against a victim 
    who is protected from that person's acts under the domestic, dating 
    or family violence laws of the jurisdiction;
        (3) the term ``sexual assault'' means any conduct proscribed by 
    chapter 109A of title 18, whether or not the conduct occurs in the 
    special maritime and territorial jurisdiction of the United States 
    or in a Federal prison, including both assaults committed by 
    offenders who are strangers to the victim and assaults committed by 
    offenders who are known or related by blood or marriage to the 
    victim; and
        (4) the term ``victim services'' means a nonprofit, 
    nongovernmental organization or a public, nonprofit organization 
    acting in a nongovernmental capacity that assists domestic violence, 
    dating violence or sexual assault victims, including campus women's 
    centers, rape crisis centers, battered women's shelters, and other 
    sexual assault, domestic violence or dating violence programs, 
    including campus counseling support and victim advocate 
    organizations with domestic violence, dating violence, stalking, and 
    sexual assault programs, whether or not organized and staffed by 
    students.

(g) Authorization of appropriations

    For the purpose of carrying out this part,\1\ there are authorized 
to be appropriated $10,000,000 for each of fiscal years 2001 through 
2005.

(Pub. L. 105-244, title VIII, Sec. 826, Oct. 7, 1998, 112 Stat. 1815; 
Pub. L. 106-386, div. B, title I, Sec. 1108(a), title V, Sec. 1512(d), 
Oct. 28, 2000, 114 Stat. 1500, 1533.)

                       References in Text

    This part, referred to in subsecs. (d)(3)(D) and (g), is part E 
(Secs. 826, 827) of title VIII of Pub. L. 105-244, which enacted this 
section and provisions set out as a note under this section.

                          Codification

    Section was enacted as part of the Higher Education Amendments of 
1998, and not as part of the Higher Education Act of 1965 which 
comprises this chapter.


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-386, Sec. 1108(a)(1), substituted 
``domestic violence, and dating violence'' for ``and domestic 
violence''.
    Subsec. (b)(5). Pub. L. 106-386, Sec. 1512(d), inserted ``, 
including assistance to victims in immigration matters'' before period 
at end.
    Subsec. (b)(6), (7), (9). Pub. L. 106-386, Sec. 1108(a)(1), 
substituted ``domestic violence, and dating violence'' for ``and 
domestic violence''.
    Subsec. (c)(2)(B). Pub. L. 106-386, Sec. 1108(a)(2), substituted ``, 
domestic violence and dating violence'' for ``and domestic violence''.
    Subsec. (f)(1). Pub. L. 106-386, Sec. 1108(a)(3)(B), added par. (1). 
Former par. (1) redesignated (2).
    Subsec. (f)(2). Pub. L. 106-386, Sec. 1108(a)(3)(C), which directed 
the amendment of par. (2) by inserting ``, dating'' after ``domestic'' 
wherever appearing, was executed by inserting ``, dating'' after 
``domestic'' the second and third places appearing, to reflect the 
probable intent of Congress.
    Pub. L. 106-386, Sec. 1108(a)(3)(A), redesignated par. (1) as (2). 
Former par. (2) redesignated (3).
    Subsec. (f)(3). Pub. L. 106-386, Sec. 1108(a)(3)(A), redesignated 
par. (2) as (3). Former par. (3) redesignated (4).
    Subsec. (f)(4). Pub. L. 106-386, Sec. 1108(a)(3)(A), (D), 
redesignated par. (3) as (4), inserted ``or a public, nonprofit 
organization acting in a nongovernmental capacity'' after 
``organization'', ``, dating violence'' after ``assists domestic 
violence'', and ``dating violence,'' before ``stalking,'' and 
substituted ``, domestic violence or dating violence'' for ``or domestic 
violence''.
    Subsec. (g). Pub. L. 106-386, Sec. 1108(a)(4), substituted ``each of 
fiscal years 2001 through 2005'' for ``fiscal year 1999 and such sums as 
may be necessary for each of the 4 succeeding fiscal years''.


       Study of Institutional Procedures To Report Sexual Assaults

    Pub. L. 105-244, title VIII, Sec. 827, Oct. 7, 1998, 112 Stat. 1819, 
provided that:
    ``(a) In General.--The Attorney General, in consultation with the 
Secretary of Education, shall provide for a national study to examine 
procedures undertaken after an institution of higher education receives 
a report of sexual assault.
    ``(b) Report.--The study required by subsection (a) shall include an 
analysis of--
        ``(1) the existence and publication of the institution of higher 
    education's and State's definition of sexual assault;
        ``(2) the existence and publication of the institution's policy 
    for campus sexual assaults;
        ``(3) the individuals to whom reports of sexual assault are 
    given most often and--
            ``(A) how the individuals are trained to respond to the 
        reports; and
            ``(B) the extent to which the individuals are trained;
        ``(4) the reporting options that are articulated to the victim 
    or victims of the sexual assault regarding--
            ``(A) on-campus reporting and procedure options; and
            ``(B) off-campus reporting and procedure options;
        ``(5) the resources available for victims' safety, support, 
    medical health, and confidentiality, including--
            ``(A) how well the resources are articulated both 
        specifically to the victim of sexual assault and generally to 
        the campus at large; and
            ``(B) the security of the resources in terms of 
        confidentiality or reputation;
        ``(6) policies and practices that may prevent or discourage the 
    reporting of campus sexual assaults to local crime authorities, or 
    that may otherwise obstruct justice or interfere with the 
    prosecution of perpetrators of campus sexual assaults;
        ``(7) policies and practices found successful in aiding the 
    report and any ensuing investigation or prosecution of a campus 
    sexual assault;
        ``(8) the on-campus procedures for investigation and 
    disciplining the perpetrator of a sexual assault, including--
            ``(A) the format for collecting evidence; and
            ``(B) the format of the investigation and disciplinary 
        proceeding, including the faculty responsible for running the 
        disciplinary procedure and the persons allowed to attend the 
        disciplinary procedure; and
        ``(9) types of punishment for offenders, including--
            ``(A) whether the case is directed outside the institution 
        for further punishment; and
            ``(B) how the institution punishes perpetrators.
    ``(c) Submission of Report.--The report required by subsection (b) 
shall be submitted to Congress not later than September 1, 2000.
    ``(d) Definition.--For purposes of this section, the term `campus 
sexual assaults' means sexual assaults occurring at institutions of 
higher education and sexual assaults committed against or by students or 
employees of such institutions.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 
2000.''
