attracting 100 million international visitors annually by 2021. how were we doing? can you quantify that? >> i think we are making some big strides towards it and i think we are adept where we are supposed to be. one of the things i would obviously say that the secretary has testified to is the fact that expanding number we believe expanding in facilitating the travel are worth experience will increase that number so preclearance locations but also expanding global entry. if you look at the department of commerce numbers on arrivals for 2013, 3.73 million from japan came to the united states. if you took 1% of that and roll that into global entry and use the number of 300 passes on a 777 which is the most common airframe flown it would take 124 airplanes off a cbp lines and puts them into a global entry program which we could even use

overseas if we had a preclearance locations. we have global entry located overseas. we are working towards that together. the secretary is driven towards that goal and i think we are in the process of doing that. i would differ to my colleague from cbp to answer some of that as well. >> if you would please. >> looking up at different arrival experience. it's getting rid of forms for them to fill out. it's motivating self-service kiosk that not only gives them a better strength but helps us be more efficient and more secure in what we do. saying things like global entry that frequent low-risk travelers keeping a program like that. we are getting 60 to 70,000 applications a month for that program. it's been steady like that for the last year-to-year and a ha half, tremendous uptick in that program. usage can vary from five to 10% depending on the day the week but it tends to trend with business travel. later in the week we see those

percentages increase up to 10% of total arrivals. automated passport control for the infrequent traveler for the family travels on the casual vacationers. they can use some sort of automated process that but still see the officer foreshortened process without officer that makes us more efficient because it increases our capacity. what is the traveler experience after going to back? >> what may interest you. you have the authority to do all that you are talking about or do you need more from us in order for you to streamline the process likes. >> authority wisely have the authority to do that and with good relationships with the stakeholders that help design and build and deploy these types of activities and support us in that. >> i'm running out of time. what will it take to open in countries like brazil? what are the challenges we are facing? >> the visa waiver kerned visa

waiver statute. currently right now in brazil it would not qualify under the current visa waiver statute. and of course expanding global entry to other countries like japan that we don't currently have would be helpful. >> senator if i may just add to that the point that we did see a significant uptick in travel from brazil when the piece of publicity went from five years to 10, when people were starting to get a visa that allowed them to travel in and out over a ten-year. math they started traveling more. so that kind of step stuff can assist in increasing the number of travelers. >> thank you. >> senator rubio. >> thank you. mr. wegner i want to focus on miami because it's a real mess and i fly through that airport overtime. it's the second busiest port of entry for visitors to united states and the only airport in

the top five that left us with that but -- double-digit growth. it is good news for the goal outlining the purpose of this hearing. here is the mass. from january to march this year the average wait time has been 59 minutes but the problem with that is that sometimes the way time is as long as 190 minutes. it's been document the longest wait time which is the longest wait time in the u.s.. i know we will brag about the fact that the wait times are down 20% which is good but the problem with that and you touched upon earlier when you talk about the numbers yesterday as the average is basically the average of the entire flights coming in so you have the peak time of flight and then you have the downtime of flights. ..

another trip adviser comment, warning talk continuing passengers clearing customs and immigration through miami. it is a nightmare. if you can avoid this and try to do so. this is complicated and problematic. then i look at some of the models being used to make some decisions year. 2,000 new officers of the approved. i know it will take about 18 months to two years to get most of them of line which is in and of itself a very long way given the damage that is already happening. the model does not make a lot of sense to me. for example, new work, which is not even on the chart of major delays cut 100 new agents. miami got 60. so the second busiest international airport in america

got 3 percent of the new agents. can you just explain to me, first of all, what was the model that led to that determination? >> correct. the workload staffing model takes all of the activities acp officer does at the port of entry, the average time to do each one of those activities and multiplies by how many times per day is done to come up with the amount of hours needed to run the port of entry, divide by the available work hours and comes up with the staffing number of what we think is the right number run that port of entry. it is not optimal staffing. it is the minimum needed to required to address that workload. this factor is then that you can lay on top of that filters such as all that work a rise of one wanted time. the capacity of the entire system. other factors to buy we look at that, remote ports or splitting terminals or splitting the work of. you know, there are several factors. in the case of miami we provided

, we allocated between 80 to 100 officers the previous year to miami airport in anticipation of the north terminal company. the largest number. a large portion of cp officers have accommodated that growth. we were grateful for the 2000 that congress gave us, but it was about 60 percent of what we needed. >> elected to the miami airport, the reason you're only getting 60's because you get 80 the year before. >> the workload steffen will try to balance out the need that we tried to spread that out evenly. make places on a similar status

with the major gateway airports. the offices would have to come from somewhere. take them from lax, jfk, las vegas, el paso, a detroit, michigan. we tried to use the were close staffing model to balance that out to keep us on record to see how far from the gaps. >> i don't to run out of time. the second question, and interested to see what the response will be, with the second question has to do with the staff and models, how you allocate resources. you talked earlier about how close coordination with the airport and airline is on when the surge up the number of agents verses when not to. miami airport has told us that you will much share this model. is this something you do not share with airlines and airports according to then they don't know what the staffing model is. >> newell said that with them. think we need twice a day with the airlines in the airport operators to plan of the day's events. we look at the manifest we

receive an advance, do some calculations that it takes about one minute to process a u.s. citizen, to a map minutes for a non citizen. we model of what the projected wait times are going to be and what the projected primary booth count should be and then lay our staffing over that to see how many booze we can afford to that how much overtime will use. >> you do share the staffing models? >> we share the information. have you came up with it. how they aware of what used to determine how much personnel -- >> they should be, if not we will share that information with them. the workload staffing. about 170 different activities that we counted to come up with the workload for the ports of entry. the average processing time to reach one of those activities. you know go there is nothing

secretive or controversial are classified by that kind of information. >> is completely contrary to what the airport has told me. >> absolutely. >> one more question, but all wait if there will be a second valve. >> we have a vote of 11 to five. >> senator. >> one more question for which cox. >> you have these programs now. they put in like 75 new kiosks. here is problem. they're wait times, those kiosks as they're currently configured only work for u.s. citizens that are returning. as they are currently configured the award for the international passenger. what they need is a software upgrade of the fiasco that their work for international travelers can you work with us or pledge with us that we will get the software in there so that these

kiosks that will work. >> they work today for u.s. citizens, permanent reticence, and visa waiver travelers. what we have to add is that the 1b2 visa holders. >> we just ups deployed the lawful permit residents. miami does about 35 percent of their total arrivals to those kiosks. 100 percent agree we need to expand it. >> we have not sketched out what the requirements or timeline of that would be, but that is where we're going to focus in the coming weeks. a better protection of the timeline should be. >> the sooner the better. they have a mess on their hands. worry about permanent damage being done. there are orlando issues, we are out of time. we will send you a letter. >> thank you for having this

hearing. has been useful. so many exciting things with tourism and challenges be read it is good to be here with my friend heading up the brand u.s.a. reauthorization and two senators from florida and hawaii . more coastline. this is a true story. florida, california, hawaii combined. i know you might not have thought that before. >> not as many beaches. >> a lot of trees tugging those lakes, but we are proud of the tourism had a really happy with the increases and the good work many of you are doing. i thought senator bob did a good job of focusing some of the changes that we made had positive things, not only brand u.s.a., but the bill we have an accountability measures. i thought i would ask you about global entry to a first of all.

in addition to increased officer staffing, the continued expansion of global entry as another tool to maximize customer border protections, limited resources go in the tight budget. well the program continues to grow with additional and roulette of u.s. citizens expanding that reciprocal agreements would significantly increase staffing efficiency. we have these agreements with mexico, canada, the netherlands, a career. you talked about the possibilities of expanding to other countries. you're looking at your papers there and how this is interacting with nexis, canada. >> the nexus card. you qualify for global entry you could use the kiosks to come home but not get into canada unless you enroll in the program. they are all intertwined.

the title at the top is different. >> it is just really the capacity and the reach of where we have the program. global entry, we are at 52 locations coastal seeing 50 said 60,000 applications a month. nexuses about 205 at thousand. that has been fairly consistent for the last couple of years. collectively we're doing over 100,000 applications a month. >> the other countries to we have agreements. you mentioned a couple of them. south korea, mexico, canada, the netherlands. we have pilots limited by numbers with the u.k., in germany. we are working with those countries, and panama, to increase the number of background checks that those governments can do. their limited by how much

capacity those governments can take on that do background checks. we would like to open up without restriction. we are fairly close with japan, but all of our major travel sources, countries who would like to sign up and join this program. >> you know if we get these torre said they spend an average of $4,500 when they come into our country. that is a good thing. >> absolutely. >> moving out to something else with canada. the senator and i were just in canada. one of the things that is important is the border crossings. the sea -- cbp has reached some private public partnerships for the appropriation legislation for 2013 and 2014. from my understanding, it allows private money to the levers of public money to improve its

border crossing. and what i also understand is right now projects have been piloted on the mexican border. i was up in international falls, one of the big news ports of entry. we would like to have some commitment that northern border sites for partnerships as soon as possible. >> so, we have the reimbursable services availability, and then we also have the definition of real property and services. so we have a handful of locations that are currently using the reimbursement for services. we have solicited for a next round of applications, which we have received and are going through selecting the final. >> northern border locations in the group a war can you say? >> i can say, but i don't remember off hand. we received a handful from the land borders.

we will have to look to see who is on the list. we should be making those announcements. no restriction on the land border locations. there are of some of the international airports. still working with gsa on procedures for the the nation of real property. a little trickier. still working on that. >> we really need to get -- i just think there is more focus on the mexican border. we need to extend this up to the northern border. all right. i think you, again, for visiting minnesota and will turn this over to my colleagues and the work that all of you are doing to promote tourism. thank you. >> thank you, senator. thank you for leading an these issues over the years. we will wrap up with some final questions followed by center nelson. then we have a vote in a few minutes. >> well, thank you, chairman. mr. wagner, on the nexus global entry question to i am assuming from what you are saying that

the problem is canada will not accept the global entry card. >> it is not that there will be accepted. we have to a tee up the approval for canada to approve your entry into canada. they need to do their immigration and low risk analysis of that presence. with nexis it is said joint application. both governments could it at the same time and both governments had to be the person global entry into the united states. he can come home, but for inch -- entry into and other governments country unique their approval. the programs are late, there is another step. >> is this just something that they can do from their point of

view? my impression is that canadians purport to be much more open to our folks come across the they think we are to come on the other way. here's a plan to -- why don't you accept this as an expedited at your card. >> we have discussed it. it is more into the authorities and. to they can let into their country into makes that determination. much like it is for hours. >> what is the cost for the application? >> $50 for five years. >> people have already paid out hundred dollars. these are all people who reside in the united states. it seems to me we would do them a favor if we could convince the canadians that -- and to buy your application process, you would not have to go through the second time or the people that want a nexus card. you could just issued them a

nexus card. maybe you do that. do you do that? if somebody with a global edge ricard says you're going to go to canada, another $50 to get a nexus card. is that the current process? >> correct. then we have to c-span for an appointment with the canadian governments of licking it interview with the border authority. and then that determine the a dignity of admissibility into canada. hin then we will issue -- >> it's up to us to talk to them about that. maybe we can talk to the canadian government on this topic initially, where we first authorized brand u.s.a., a lot of critics that would say if we charge this waiver fee that will discourage people from coming to the united states, fewer travelers that will choose to go somewhere else. is there any evidence that any of the four of you have that the

visa waiver fee has discouraged people from coming to the united states. they have gone to other countries instead. >> we do not have any evidence of that. >> i agree with that. no sign of that at all. >> no. we have seen record increases in international air travel. >> good. the last thing i wanted to mention of the visa reciprocity with china, generally, our reciprocity is based upon the fact that the of the country is equally eager for our travelers to go there. it is a mutual determination. i have been persuaded for some time that with a the chinese you may, based on the comment you made, be changing their view of this, they have not appeared to care very much about how difficult it is for travelers to go there. we benefit from travellers coming here.

i do not know that reciprocity is something that is a goal that we have to be rigidly pursuing if we think it is to our advantage to have more chinese travelers year. the interesting comment you made is, we were both trying to get -- they were trying to get to yes. would you talk about that a little bit more? are they beginning to change their view, we want americans to come here more and stay longer? and in return for that we are prepared to have a greater reciprocal relationship on -- and that will be my last question, mr. chairman. >> senator, the short answer is yes, we very definitely have the understanding that china is also interested in looking at whether we can extend the demand for travel to china has gone up, and they are, as we are, thinking about how to stay ahead of that demand and make sure that they're able to adjudicate those applications.

so we do believe that it is in the best interest of both sides. >> if we cannot what you have done on renewing travel vises in a much better way that we have before. >> thank you, senator. >> they have called the vote. i have a couple of questions. you testified about 40 -- no, it is up to a $57 billion in trade surplus the industry into a booktv.org. at the same time, we are running eight trade deficit of about $471 billion. now, if we can get to the

president's target of 100 million visitors, what do we estimate that to me they should of that trade deficit to be? >> we have not calculated that to what it is something that we could calculate. a hundred million visitors would generate to order $50 billion in service exports. i don't know that we modeled the other side of it, which is where we expect outbound u.s. travel to be. that is of the we can get back to you. >> it predicted 250 billion to be the amount of service exports if we hit the hundred million visitors number. >> does that equate to the $57 billion in trade surplus or the industry? >> the $57 billion trade surpluses in calendar year 2013.

your second question around what 2021 looks like, we have not calculated. >> your target is 2021? >> for 100 million visitors to we estimate was bid $250 billion >> of great. >> madame ambassador, let's go to brazil. it you testified as to a huge number of brazilians that come to the u.s. at think you said something like 100,000. >> i'm not sure i had that number in my testimony, but it is certainly more than that. >> your name but four countries. >> that account for close to 50 percent of all the pieces we issued. >> according to the cumbersome of this, brazil, over to a half

million visitors. i can tell you, a lot of them are coming to florida. >> absolutely. >> and they are specifically going to miami indoor orlando. so we do not have a visa waiver with brazil. and if you're up brazilian family and want to go to disney world, you have to go to a coslet to have an eyeball to eyeball interview in order to get a visa. is that right? >> yes, sir. although children of the age of 60 do not have to appear. >> the parents might come but would not necessarily need to bring their children. >> okay.

and last i checked we had to consulates. one was in rio and another one in brazil. is that right? >> no, sir. we also have consulates in sao paulo. we are working to open consulates in belo horizonte. we also have what we call of such facilities as centers so that people who are planning to apply for a visa to go and get their figures mistaken and the picture taken and submit their application on my so that when they actually come to the consulate they move through extremely quickly. damage done by testimony on average there in the consulate for less than half an hour. it's a rapid process. once they have the visa then never have to come back because that visa when it expires can be

renewed by mail. we just send them the passport back with a new the senate. >> what is the application fee for a visa? >> $160. >> is that per person? >> yes. >> is there a discount for children? >> note : there is not. >> for a family of four, two adults and two children to really get some real money. >> the fee that we charge, and it is a worldwide fee, but it is based on a very rigorous cost of service model that shows how much it costs us to actually provide that service. we are recouping the cost of running that program globally. that is what determines the fee. and just add, the visa is valid

for ten years. they're paying the equivalent of $60 per year to apply. >> soaker and a half family is raising children and they anticipate that they want to take them to disney world, they ought to go ahead because of these is going to be good for chin years. >> that is exactly right. when we could see across the world, a traveler that has the visa they just the thinking of themselves as a person do white travel again and again and again. we got the 20th anniversary of the 16th but there are 15th birthday. they had planned on travel to the united states. we see that clearly. >> what percentage of your applicants to you reject giving

a visa to in brazil? >> i don't have that number exactly. i would like to ask that i take that question and get back to you. and i am pretty sure for applicants for business and tourist travel as does the to%. >> what about world wide? coor's again, i'm going to have to take the question. i don't know offhand. it varies so dramatically from country to country. >> of those that are rejected, are the intelligence service is basically the people that are rejecting, what percent are you thinking there's something squirrely about this person? as opposed to somebody that you think is just going to be a flight risk is going to get into the country and stay. >> said to take that for the

record. >> if you would. >> this has been an impressive group of witnesses. you're all working hard. i think you have seen from work dissipation and a subcommittee of the terrorism knows no ideology. it is non-partisan, and we look forward to working with all of your agency's in giving you this judge tory authority necessary and the funding necessary to meet our 100 million international visitors will. thank you very much. ..

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>> come to order. the 11th of series of hearings about the hiring education act yesterday released my opening thoughts on what it should look like and i have asked all stakeholders to submit their thoughts and comments by august 29th and continue to add to that proposal is today's hearing to determine how best to proceed on that topic. the focus of today's hearing campus sexual assaults is profoundly important. too many students are salted on our nation's college campuses. according to current research one of five winners sexually assaulting her victims of sexual assault

while in college we will hear today sexual assaults is not just happen to women wind out of 60 men have also had sexual assaults and lgbt or those with disabilities may have a higher risk. no student should have to endure something so4:b terrible while in college and today we will hear from the administration from survivors is a researcher about the work they're doing to make college campuses safer for everyone. also explore the higher education act and the title nine why day addressed issues as sexual assault. the clear react -- clery act also shows the appropriate support system is in place for when the assaults occur.

title ix one of the of wind marks civil-rights laws also plays a substantial role to richer colleges have adequate processes to of quickly report addresses of sexual assaults and title ix is critical to provide the support that they need in the aftermath of a sexual assault. we hear about the work the administration is doing to ensure that they meet title line -- title ix obligations. clery act also addresses different ways and some colleges find it underscore -- difficult to find their obligations and this will bring to light for colleges to understand that under both laws. this is an issue that for far too long has been swept under the rug and put in the closet.

trie@úáo hide it.çóñoiñiñi we have to address this forthrightly getting more data moving forward and i read the testimonies of the people testifying today and how we need to change the systems to bring more of this to light to provide colleges that they might need. those testimonies more than anything else is that one size does not fit all. these are not all the same acts buttrç they very in intensity in their approach or perpetrators. and in a lot of circumstances.

and one stringent provision that cuts off polyol be one dash 08 to a college that is never used by the way is not a deterrent at all. we have to look for the deterrence and adequate penalties and fines to settle structures with colleges that is the best course of action of all to let victims know they have recourse you have the support system in place to bring this to light. and this starts that process to where we can address this adequately for the higher education act reauthorization and with that i will turn to senator

alexander. thank you to the witnesses for your comments. i was once a college president and i went to college myself so that is a special experience when you tell your parents goodbye and they are turned over to a college campus and you hope everyone is safe and successful and the focus is that turns out not to be true. the purpose is to find out what we id washington can do to help create the environmentçççóñr and helps campuses discourage sexual assaults which is the subject of the case and then to make sure there are any requirements that they/÷

>> >> to suggest to anybody can make and deficits -- emphasis to make the campus's safe. i don't think the country would want to see the united states senate that cannot even balance a budget cannot even agree how to consider the appropriations bill that you look to to be responsible for campus safety with 6,000 institutions with 7200 canvases and 22 million students. so to look to the dean of

students and to the of role to play to help fund campuses and we have played that role. there is the clery act that i mentioned earlier the rules and regulations with the campus administrator will have to consider and the question we should have is to these help create an environment to discourage sexual assaults or is there something we can do that is simpler clear or more effective than under title ix? their responsibilities and guidance we need to take. i am glad we have the hearing i appreciate the efforts of many senators like a castle who is interested in this and i have met with her and one of

the things i would suggest one hugh is a former faculty of education institution but those of the 7200 campuses to have the job to create an environment including discouraging sexual assault and to make sure the things that we do from here are helpful cannot burden some i look forward to learning from both panels of witnesses. >> we will have two panels the first is the administration witnesses and my first witness is the assistant secretary for

civil rights with the department of education and then prior was part of public counsel with the nation's largest pro bono law firm and practice at the aclu's serving as assistant legal director v;/o served as the teaching fellow in the of litigation program at georgetown. and graduated from amherst. next is mr. james moore manager of clery act compliance division joining the department of education in 1987 has become an expert on the clery act and also as the task force to protect students from sexual assault. we'll come we will start with ms. taylor died if you will sum up your statement

then we will move do mr. more. please proceed. >> thank you so much mr. harkin and ranking member i appreciate the opportunity to be with you today by an empty net with the department of education the enormously talented staff that i work with and i have the privilege to enforce our federal civil-rights laws in schools including title by -- title line and in the 42 years since it became on with colleges and universities having changed their practices so they are not discriminating and in compliance with the lot and i applaud those for recognizing the core educational mission issuers the safety on campus but still sexual violence is pervasive across too many campuses in freer committed

to ending that reality. we have investigated more than post secondary education is issued to policy guidance and significant technical assistance that reach out to us. the president and vice president have created a white house task force to protect students from sexual violence and one key deliverable is the issuance from my office the question previous guidance so we could answer the questions that have come to us about ways to complies with of law and what did is we expect in the school we oat issue guidance related to sexual harassment and his administration was the first

to issue guidance specifically on sexual violence as a civil-rights issue. we have delivered its a diffident assistance for what they can do it we are part prior to use that tool of a place to show that examples does way to achieve last fall we entered into an agreement with the state university of new york serving 219,000 students was the largest impact in the very impressed with the system to have the courage and leadership to change policies to be fully

compliant with title ix to deliver the message related to sexual violence and committed to reopen the case files since 2011 to identify if there is more relieved of the verge and what more should be done. to evaluate to die with the practices to respond in a timely fashion. and for the system we've really when hundred 59 case files the way the university system with the complaints that have come to it. we are impressed with the system to open the files to identify what should be done. butnç the key component is the agreement to bring in the

community what needs to be done that recognizes that there is no one-size-fits-all approach so to identify freeze campus to make sure students are safe and will report to our office and what if any changes they will make to be part of insuring of faithful community response. moving from a very large institution to a larger scenario we entered into the virginia military institution much smaller campus that are a significant concerns and resolutions for retrieving

even after some facts that included that had a policy that requires students that became pregnant had to leave the institution and altogether a and that has also changed but against the backdrop the institution has failed to an five day coordinator and to issue wire coat hangers to call them abortion tools and then also not do discipline a student to make sure the title ix coordinator was involved and that will be change going forward. and to enter into a resolution agreement and then moving from the of large to the small winter due to a resolution with toughs university about his

experience there as well i am experience -- impressed with said new training where they have not had a coordinator for the last year and a half toq,g agree that they do provide relief and investigate the complaints that come to them and change those practices to have prior sexual history as part of the investigation. with the variety and size with the enforcement space and what my staff has been able to achieve because it is so critically important to change the current practice where people who think they don't need to comply with the law or satisfy. i look forward to answering any questions and i

appreciate the opportunity to share the work experience with you. >>. >> did morning members of the committee i manage clery act compliance division thank you for your in duration with the implementation into the amendment to section three of four of the violence against women act. college should be a special time in the life of every student of discovery in joyful memories but for far too many students say have been denied the best of the college experience because of the crisis of sexual assault. as you note clery act for most consumer transparency and other public safety matters by promoting transparency by requiring a

institutions to provide in the federal student aid programs to provide accurate and realistic use of campus crime on campus and surrounding area. it with the crime prevention is providing students and parents the highest quality. they should not have to wonder that crime information is provided is accurate or it has been purposelyp[u manipulated to have a false impression to protect there school's spring and if they are new to a community anything that was a false sense of security is especially dangerous. to hold institutions accountable to have a dedicated team the original team formed 2010 and in 2012 s say realigned the team to strengthen it to make it more prominent.

in the short time they noted clery act is a significant impact the way they confront campus crime the highly skilled professionals is dedicated to the cause of campus safety and carries out the mission of the safety of educators for most soon their mind. they're committed to improving clery act compliance and campus safety through a balanced approach of technical assistance. one of those operating principles to assist it in force whenever we must. the campus crime program review process clery act division looks at compliance with the regulation and also works with institutions to insure corrective actions are implemented and sustained. most have been driven by complaints from students

better always the best source of information to help us understand how crime affects their lives on campus and here i must think the new generation of student advocates to develop and understanding of clery act and a title ix. they use their knowledge to make campuses safer for everyone. and to supplement the reviews with pro-active examinations the office of compliance of the reviews each year. and to look at the drug that is what they do to insure consistency across the country also media

coverage of campus crimes with major incidents to determine clandestine service if they have complied. i'd like to share a little bit of information about the recent work we have done teetwo implement the violence against women act. he added regulations but i can tell you in my 17 years i have never been more impressed of the effort and immediate the from the very beginning to focus on reaching out to the people who are most effective than the top experts of the field to dedicated their lives to addressing this problem in may and june in the institutional officials including the proper role of

campus sexual assaults investigations with confidentiality and in fall 2013 we conducted our reach sessions with campus law enforcement efforts to develop to help here directly how washington should be implemented and also to build relationships across higher education so the program could benefit from there expertise. january through march being together 20 negotiators representing a broad range of experience, interesting and prospective including campus law enforcement professionals coordinators' and students themselves after careful consideration

to the committee reached consensus on regulatory language it is av+m great accomplishment and well we strive to reach consensus it is difficult to do so with so many competing interests represented after reviewing the comments we received on the proposed rule we will issue final regulations this year. the department is confident fed to provisions will provide tools of campus sexual assaults and stocking into more effectively respond within the crimes when they do occur in also insurer up half through campus disciplinary bodies and insure better access to services to which survivors are entitled. it is my sincere belief these improvements with

their colleagues and outstanding contributions of the white house task force to prevent students from sexual assault will result in a meaningful and lasting change. to reiterate we look forward to continuing our collaboration with this committee with the institutional officials in pursuit of our collective goal to put an end to campus sexual assault. >> thank you very much. i will now turn to the five minute questions. >> ms. lhamon about title ix enforcement, but that basically terminating all federal funding if i remember right he said that has never been used? did not and institution of fire on dash higher

education. >> night in institution? for this incident senate we have not withheld federal funds if i may but just last april we have an example how well it is tuffs university working with us they reported to revoke the agreement and i sent a letter they britain free to it has 60 days to cure or we would begin the process to revoke federal funds then within two weeks they became back in compliance with the resolution agreement itself. so the threat of withholding federal funds is an enforcement tool and the reason we can see institutions. >> your statement says it has never been used. >> has to withhold the funds it is an incentive. >> that is the nuclear

option around here. >> it is pretty good. >> maybe something in the background but if there are not other options as part of title four money because of this violation now to the campus based programs for support activities for students. >> with respect to do is think we have that opportunity as part of the resolution of agreement that they change practices. who has that authority. >> not to divert funds. >> you have the authority to tell them they have to direct the funds for that. >> that is semantics. when they have to take steps

to use the funds for those practices for those who come forward to retake an additional staff or report to us about it and conducting on campus and to take steps to train staff and that is very significant. in my 17 years as a civil-rights litigator what i did was use a nuclear option. >> host: you don't need any more authority] from this committee to carry out your oversight and ability to sanction or redirect funds to any of these institutions? you have all the authority that you need. >> data is not our view.

>> that is amazing to me. >> something is not working out there. i'm sorry but something is not working still making a bid you did your testaverde said colleges and universities are retaliating discouraging other survivors and delaying investigations in delaying service and support when investigations are pending and on and on to address the sexual violence as a criminal matter not under title ix. this is what is happening. >> those are cert concerns and but we want to change on campus i think we can enter into a robust agreement i would be delighted to work with your staff has veto for

it is critically important that all students are safe and we are moving in that direction. >> maybe i don't hear this right but nothing more needs to be done? you have all the authority that you need? >> i apologize if i suggested that. but my view is the importance of withholding federal funds should not be undermined and it is the effective tool and there may be more things we can do and i would welcome that it is important to deliver to all kids. >> but in terms of information with clery act the schools are required to provide this information to the students, the general public atlem large had the

offer in coming families with sexual violence? when students look at colleges before it dago is it presented in a format to see and compare from one of college to another? >> 84 the question. all institutions are required to notify prospective students and employees of the annual security report to make it available on request. most schools put on the web site and it is right there. >> are you saying the schools are doing a good job of this? >> they're doing a relatively good job to produce the reports. we do find a seat to the

camp violations with the statistics. so there are violations out there when we find them we take action we hope these new requirements will give us additional tools to have additional disclosures to allow students to have better information about the environment that they go into with regards to sexual assaults. >> you both in the united states department of education? and mr. more talked-about regulations you are proposing under the of violence against women act sea withdrew a one dash so you were going to go astray

a comment period some institutions can say what they think about it? >> correct. >> you talk about guidance to do expect institutions to comply with your documents? >> we do. >> under what authority? >> why do you not go through this same process of public comment and roll and regulations the state department goes over here? civic we would favor regulatory changes. >> why are in -- what are they? he requires 6,000 institutions to comply? >> we do. >> but you just make a chance with no regulatory

approval or comments? >> how can you do that? why would do not ask institutions or people who may have been insulted what they think of your guidance before you apply your guidance to the 22 million students on 7,000 campuses? >> we have a long list of conversations this gimmickry were in the same department as u.s. department of education under clery act egos through regulatory process after discussions and asking for comment been a regulation in congress has a chance to weigh in but you just issued here own opinion as far as i can tell. >> nine at -- not correct. >> who is responsible? >> i am. steve spee mcfadyen is the law? i thought we'd made though

loss. >> i do not. >> it is the explanation of what title ix means to make to gave you the authority? >> you did when i was confirmed. >> we told you that you could make the law? then why does he go to public notice and comment if you don't have to? >> i do when you we regulate it is not a regulatory guidance veneti greatly disagree. i greatly disagree. what you'reúnñ doing is writing about detailed guidance for 22 million students on 7200 campuses on your whim or your idea. we in make a lot. you do not. where does that come from? and ply with the same department and how often tuesday to review meet with the department? how many times in the last

year? american icahn not count because it is so many. we work very, very closely. >> and with those rules that are proposed? >> and my team is part of the notice and comment process spinet guy and very concerned the arbitrary individual and the department to save what the law is. i understand your to offices have signed a formalized agreement to better handle complaints and share information. >> correct. >> because senate-passed you failed to coordinate invade confusion on campuses about how to coordinate the responsibilities of sexual assaults as they looked at

title ix and clery act? >>. >> there was room for growth and i am pleased with the collaboration in the 10 months and i have been here think it is working extremely well. >> what type of formal procedures did you have to discuss your guidance with institutional officers who have to comply with your guidance? held many meetings did you have with institutional offices? >> it took about three years to get that document and we had many meetings with college and university officials and associates -- associations and student'oc activists and title ix coordinators and a tremendous weber of in person meetings asking

questions telling us what we need. it was a long process that involved many stakeholders to give them greater clarity and guidance. >> i would say to my colleagues we should carefully consider not just in this case but in other cases whether fda the difference between a lot and a regulation that is proposed by the department of education and is growing business of issuing guidance where there is no opportunity for the public comment that the regulatory procedure has. >> have senator murray next. >> i appreciate you holding this hearing. to permit the investigation

investigates title ix van clery act violations and 55 colleges including washington state is under a title like violations what are some best practices in the field to proactively prevent sexual assaults? >> thank you. among the best practices we hope to see is a climate surveys to identify how students feel about the campus to identify whether the message has said received by the students of where to go and what is tolerated and what is not and you to complain to and if there is a feeling of safety so we think this survey is the important first step but it is critically important about the hostile environment so the full community is clear

about what is acceptable and critically important to let studentscbi know who darr coordinator is and do their resources are so they can access if they need it added it is extremely important to have a fully functional investigative process 74 is available so students can be clear and appropriate steps are taken. >> i appreciate that response. have the question about the legislation the higher education act that requires colleges and universities to establish within the apartment of education to support anti-harassment programs wouldn't that be helpful?

>> you would be enormously helpful i cannot tell you how much sat would mean to us as part of the rule i visit campuses to look at the violence against women to grant program to see what success basie and i have real jealousy that they king get the agreement and ask for changes that they know that the needs to be made with being created -- very meaningful for us. >> they give for your work on that initiative. what we find with teas for interior excited with regard to a climate surveys to understand what the culture

is before you can address it effectively one of the new tools required pre-will require schools primary prevention that only works and a pro-active way to understand if you have problems with rotc or fraternities and sororities to make sure that training will address all those issues. of culture and climate that are problematic we have to have an understanding of harassment, as several other factors. thank you very much. >> mr. chairman the topics as young people go to college choose start careers to build their futures, they should at least feel safe on

campus to feel confident of their victims of crime that people around them will respond quickly. i know now that for 20 years federal government has been collecting and disclosing data. and to you noted the department of education released a draft rules on expanded data collection. that could be a powerful tool to understand the problems we face but i want to ask how the data are used. can you tell me what analysis the department of education from clery act data and the analysis? >> thank you senator for the question.

but we do to validate this information is to go to schools to conduct client assessments to look at substantial samples of the incident reports to see if they are classified. >> said you validate that you get good data you get the independent on the ground evaluation. >> police incident reports, a student contact, h.r., sometimes in depth athletic departments or fraternity offices anybody to adjudicate or discipline or investigate issues to look data4t records from those offices. >> you look at what was reported then that you know, about the quality of the data and i presume if the match is not a good then you

have an ongoing relationship with the school on how to improve data reporting? >> there is corrective action components if it is a substantial misrepresentation in the school could be subject to action which is of fine spirit getting them into compliance but we have been collecting information over 20 years presumably the quality has gone better over time and more complete but then what do you do? >> we collect from institutions into the analysis for the trend. >> school by school basis? >> but also across sectors of education and to look at community colleges that

crime environment is very different verses of for-profit education that doesn't have the big fraternity your sports programs then we looked at the traditional institutions that have four types of crime occurring stem make you make that public? >> but the analysis is not. >> so you do the analysis but then what happens? and nt user id and the contact with a proposal such changes to the rose? >> to use data at ms. lhamon as part of your enforcement strategies?

>> we do.t%y >> he may begin to investigate do have the investigation of their own. because it may seem like they're not reporting properly. and for ben creation of the status cool. >> i am almost at a time but are there and other data that you will find helpful that you feel ought to be there? but one that i would like to have now.

i have a civil rights data collection night conduct is that i find for the work that we do? it is for a civil-rights compliance. >> i very much appreciate this. >> i am glad to hear about this. >> to collect better data if i needed that focus on prevention needs to be far more intense. >> senator casey. >> mr. chairman thank you very much and a witness says for the testimony on this

tool get the word you have done were so many others this has persistedw[ in for reacting appropriately this is the ultimate betrayal of a woman who attends college. but then they send them to institutions that many don't take this issue seriously. it should be under the of zero tolerance effort and the perpetrator should be labeled as such white house dirty and monster and i know that upsets some people but

it is the way i see it in the institutions should do a lot of things already but some of them have not gotten the message sent to send that more directly to have some rules and i do glad we've made great progress when every reauthorize the of violence against women act and to we have made progress with those other matters that were not addressed. we have a long way to go but with those elements with your testimony on page to number four to clarifying

definitions which better strategies to get bystander's involved for what they should be doing as of bystander with a whole range of changes to take place but what i want to ask in particular is now that you are in the process to make sure these provisions are implemented, how long will schools come into compliance? >> thank-you for the question. of fellow pennsylvanian you make me very proud. in two additional guidance in death to make their best good-faith effort with the statutory language.

when issa to shin's issue the security report in the october what we are both keen to see is that schools to implement these requirements to have a full year to recalibrate with additional guidance with all the work we have done you can guarantee there is a piece here or there that we have to go back to redress in to have the complete rewrite of the handbook to be available to the schools and also working on the other training materials so by the time we get to october everybody should be on the same page. >> i plan to ask as well the

institutions that they are overwhelmed with rules but those that we have to comply with sova currently on implementation the department will be a to go for word. >> we have increased presence that trading conference is a and increased both of the number of guidance documents and the quality of those documents brought down to a and double that shouldgxñ be easy for all institutions to implement the you have 6,000 schools some with 25 in a

strip mall betting cosmetology school in did issa very flexible program here requires schools to take that and employment they need that implementation plan. we want to give them best practice information to allow them to develop that in a way of the large school and a small school. >> thank you, mr. chairman chairman. earlier in this session of congress we took some long over due steps of sexual assaults in the of military.

a end in exhibiting the assaults i discovered there is no specific focus to look into intellect data on sexual violence of the trading for program on our nation's college campuses. . .

and so to both of our panelists, why understand that instances of sexual assault against students who are in rotc programs should be investigated and reported in the same manner as other campus sexual assaults, i guess my questions are, have you

undertaken any formal or informal cooperation with the defense department on the issue of sexual balances in rotc programs and college campuses. can you tell me why the department of education has not apparently spoken specifically to this aspect? and there would ask both of you respond. >> thank you. what, i am sorry to have disappointed you in the task force so far end of the we can redeem ourselves going forward. it is a focused criticism and fair point. i want to be sure that i say that our goal in the most recent frequently asked questions document was to make clear that there is posted on the college campus and the obligations do not extend to. it was our goal ought to take away from that overarching message that time line

obligation to extend to every student of every type of every campus so that the schools will make them safe. i have some lori that we might be of the biting the besieged. employees to work with your office in of want to assure you that we have been working specifically with students. one point that comes to warrant, she had not been able to be promoted to commander. we investigated and found harrowing facts about the way that she was treated and the way that the rtc believed -- talked to her and sexually discriminatory ways. the first year of will that ever so we are working in this space in our enforcement were trying to send a clear message. specifically to your way as we work together.

we put up our first 90 day report. the president has directed us and reminded us that he expects a new annual report each time. >> thank you. >> i want to thank you for your work on the defense aspect. burro by takeaways was that there must be be legal punishment for sexual assault if you're going to change the culture. one thing i can assure you of is in our work we look at institutions across the board fix, crimes that occur regardless of the location, but one of the important changes is that we're going to start to look more closely at issues of culture, climate, damaging traditions, lots of that and the military, especially along the lines of raising. when you create that culture of

the next exhibit is sexual assault in high number. this is something we would like to work with you want going forward and to look beyond rotc to the very enduring problems we see in our athletic programs, fraternities go and sororities. >> thank you, senator baldwin. >> thank you very much, mr. chairman. thank you for being here. want to follow of a question senator barry was asking about best practices with respect to prevention. i want to turn the investigation that disciplinary process, a fairly well publicized case of columbia. they talk about the fact that many students feel a second of victimization when they get in the process of reporting and

testifying. she is as some incredibly insensitive questions and speaks to a much broader concern about the bigger rather uninformed and sometimes undertrained said of investigators and people who are overseeing the disciplinary process. what do we learn from what happened at columbia? the recommendations you are making to schools so that we do not have a reputation of read victimization happening when someone has the courage to report and bring it to a disciplinary board. >> we have seen all too often that the investigative process can be so in vases and unpleasant and bill and of the students elect not to use it which sends its own the message.

that is one of the key things that we want to see campus's change. they need to send up message to their students. and it will not involve separate questions about students' backgrounds, way of further victimizing people and have the courage to come forward. we will take the we have tried to do about that is to put information specifically about the conduct of the frequently asked questions. and we're making our investigation results will public, the kind of things that we find unacceptable. the specific set of concerns is exactly what we saw. is exactly what we saw. so we have been able to highlight what it is that we thought was wrong with the weight of those investigations are conducted. we have it will to highlight what it is the university's have agreed to change and of monitoring those changes to make sure they are live for

realities. >> let me ask you the question, of c-span2 to these processes. you don't get data about the kind of questions being asked. so how do we track whether this is getting better wars. >> well, certainly at the schools or we have resolution agreements we get case investigation files. that is a very important piece of data we can say that the school is now behaving in an appropriate manner so that we give money to keep monetary. we will see the ways that the schools investigate what it is that they do, the degree to which they comply with policy and the degree to which they status -- satisfy obligation.

>> this is a key point. whenever number you look at, 185, one and six, something else, we know is that campus sexual assaults are vastly underreported. one of the main reasons is there is not a good path for redress. the criminal-justice system is often we victimizing, and these campus judicial systems come with if they are not well formulated, can be even more so. one of the things that we give these new rules is try to fix some of the procedural elements. now there is a notice requirement. there have the students who come to us and show documentation that there were given one to two hours to prepare for a hearing. we now will allow students to above the accused and the

accuser to have an advocate with them, and adviser of choice. and one thing that may be tolerable to considering the future would be a basic relevancy rule. i can tell you, having reviewed documents for many of these hearings the kinds of information submitted and considered by these boards is friday. i have seen cases where people take things off of facebook pages for something like this and have that submitted as evidence. this is something we might want to look at going forward. even relevant evidence should be excluded if they're is a substantial risk of unfair prejudice. >> it makes sense to me.

>> thank you both for being here. it strikes me that the relationship between the cause of university, the local police department is important. at the steps in that relationship are fraught with danger, both for the alleged victim and the alleged perpetrator. including loss of an opportunity to gather the necessary evidence interference by the university or college in an ongoing criminal investigation, there's a public safety value to making sure that these events are reported and they're is a potential liability to university if it keeps was students confidence of that causes of this to by the individual above million pub product information to the

police. a common law crime to commit misprision of felony, which is concealment of felony and a coor's investigation is not a core expertise the handoff between the university at the local law-enforcement authorities is not very well managed and a lot of places, and there are very simple theory is that could make a big difference i think it is probably a very big difference if the victim or alleged victim is dead having a conversation with the university if they say, well, you should consider reporting this to the police. they had downtown and we me give you cab fare.

the student to killing going off into the unknown verses, we have a good relationship with the local police department. officer jones is right outside working these cases. you really should let her into this conversation because you will be making choices now that will really change the way you could pursue this. that seems to be an area that is not doing the attention that it deserves. so i guess my question to you is, have you identified colleges and universities that have what you would consider to be a model relationships with their local police department in terms of making sure that that had not between the two is not is handled from the perspective of

students with interests involved >> yes, we have. i want to say how strongly as i agree. the perspective you raised a raw but the colleges and universities staff or they say there is not even all local law-enforcement agency nearby that has the capacity to take a rape kit. there is the mention of the problem you describe which is that connect is not good, but there's also the disconnect whether is not a place to send students. >> what are your ma relationships? i don't expect to have it at the top of your head, but i would like as a response for the record have each of you identify where you think mall relationships exist between campuses and the local police departments know where you take

the elements are in a relationship the victim of what our relationship? is a little alarming to hear how much completely untrained and inexperienced people of badly around in the batter in which a felony is but alleged. and if you don't bring people that you have the proper authority, and know what they're doing and have a process in place to make sure the evidence is gathered which degrades rapidly, that you created a real problem. similarly to what if you force the college to go and maintain an investigation that produced a report at a time when the police as saying, for god's sake, we are investigating this. knock it off. this is interference with a

criminal investigation. that seems to be a pretty serious challenge. >> jim and i have been working together to create a model, the brand of of understand. we should be able to of least give you those boards. >> my time is up. -as the default for the record. i know that help our police departments and universities would welcome that. >> until we want to get to the second panel. the next pedaling, there will be a witness. she said the disproportion that practical nature, efforts to enforce the. they should be given the latitude.

but everything rises to the level, i would say come by to with the level of a felony. additionally rather than simply imposing fines of varying sizes of sierra should be allowed to have forced budgetary allocation but we were talking earlier with the key may have thought that i felt we should take away its nuclear option. that's fine. it makes it hard to respond to incidences' that may not rise the level of felony but still our egregious actions on the part of one student to another. so i just want to make that clear. i thought you're basically saying, no. >> it might make of it is useful to have the nuclear option level

lori that allows a tool would make it harder for colleges and you -- universities to use the nuclear option. >> did you are in disagreement. secondly, you know, again, i have been involved in some of these when my wife was a prosecuting attorney. a lot of times students who are victims of this just need to know what to do. they need to have someone that they can trust to go to, like an ombudsman on the campus that has been trained, that has the qualifications to that is initially be on the side of the person who is victimized to give them the kind of a information about where they should go to regional many colleges have that kind of a box with?

do they have them or not? >> they have a coordinator that can function as an ombudsman. >> but the title line person is sort of like in the hierarchy of the school. okay. got that. our military academies to exempt from tournament? do we know? >> i think the answer is yes. >> i was talking about our military academies. i have just been informed that there are exempt from turtle line. >> does that mean they are not reporting data? >> senator, the military academies are exempt from the query act. >> you collect no data?

>> they do that after report. >> it is something that probably should be corrected, because of the way that title for financial aid rules -- >> well -- >> the rules say that if you do not receive funds from the programs do not to comply. the act simply does not apply to those institutions. >> it is only entitled for. >> on that topic, and looking into this asking in an earlier question about the program, when congress did take sort of some new steps on combating military sexual assault the defense authorization budget, we did include the academy is under those provisions. yet the rotc was not included, which is why i feel like we have to focus attention on the

training of many your future officers. but you are accurate about the title line. >> they do after report under i did not know that. j. stapleton. >> i understand that there are certain instances the come through the sexual assault reporting mechanism of these universities that amount to less than criminal activity. my point is that unless you have someone in the robo understands

what sexual felony assault is -- veteran ombudsman is not anywhere near that level, and if the institution can support connecting with the police department in a way that is easy and supportive for the alleged victim then you have real problems to on the road because by the time did you figure it out it could easily be too late to get the appropriate evidence. you have really put the individual and risk in terms of defending her right as a victim through law enforcement process. >> i got that, when i think you will hear from some of this battle that may be a victim gets caught up in person to a felony accusation which takes on a life of its own. maybe they get a little reticent to go down that pathway.

>> of the person presents the risk of being a serious offender there are very good reasons why sometimes the law enforcement goes forward even with an uncooperative victim. we do it with violence against women prosecution's all the time. the woman recants but you go ahead with the excited utterance because of the statistical likely every offending. >> i think this panel has thoughts on the subject. it will start with amelie, a recent graduate of the university of virginia as an interim she also completed research. i am told now that works as special insurance and steve to t -- chief student affairs officer next we have mr. john kelly

colorizing senior at tufts university. he is the survivor of an intimate part of violence and rape while a college student, special organizer for know your mind. and we are careful you are here. jane stapleton, university of new hampshire prevention, elevation. extensive experience in working to end violence against women in college and university settings the lead developer and evaluator of the new york power social marketing campaign. she trains organizations of up to facilitate and implement comprehensive strategies. with that, in statements will be admitted in their entirety. could you start and some up in

five minutes the essence of yours. hopefully we will have time for questions and answers. >> they cupola senator and other members of the committee present today. as noted, and the recent graduate of the university of virginia. my a experience as a survivor, i learned a great deal about the dynamics are around campus of sexual assault. i want to let out several observations about the challenges faced by survivors. as requirements to expand the mandate for prevention and education and reach and is critical we ensure rollins -- colleges. personal feelings of responsibility, especially when reinforced undermine the

survivors says that it is is our right to seek justice. one survivor did not support al qaeda report her gang rape until a year later. told her she was wrong about what had happened because those are all great guys. her friends response took away her confidence which meant those five young men were me unpunished and the threat. while the current national media spotlight has almost exclusively focused a lack of punitive sanctions, we must maintain a range of available sanctions especially in cases where the perpetrator is no, many were initially scared to report because they did not want to ruin his life. the dean of students was only able to take disciplinary action

rules that have changed the of the cuts would come here of the door. the range of sanctions is about giving survivors of a door. a better chance to be fully aware. also, it may discourage future survivors from coming forward. in order to rectify what potentially chilling effect, where we -- the agreements should inform committees to help them stay informed and involved a top talent communication a

vote does not immediately dismay mistreatment certain to reassure students the administration is transparent about the way it handles cases in the future. roh including formal requirements resolution agreements can help address some of the fiercest. in order to address concerns about equity commonly being wasted maybe helpful to stets a charlie define the requirements of procedures raise my ocr and their guidance specifically, the five recommendations clarifying concerns about how to appropriately adjudicate.

this made it contribute to schools in sufficiently stationing. it stars a toward clarification of how procedures up to look based on those see our recommendations may help distinguish the process for criminal proceedings. a clear sense of how to proceed when it comes to ocr enforcement that a practical nature hinders efforts it's more of a tree trunk. they should be given latitude. co-ceo version be imposed rather than a purely punitive financial resources they could force schools to improve title might efforts to read a section could

mandate a school must allocate 50,000 per year for four years while it may follow the scope of today's hearing, and is important to know consider potential for state and federal and crumble. as we improved our efforts we would not have to rely so heavily upon colleges. out side of the college context much more meaningfully. options may make it possible to better address this problem. thank you for the opportunities speak. >> welcome. please proceed. >> thank you. i entered into what was then become an abusive relationship.

nonetheless that of my freshman year he ignored my nose to berate me, and then physically grabbed been restrained me know and believe his room until i told my love to. claman's letter he raped me again. as the men have become an advocate for the rights of students survivors. i think -- might take you for giving his son richard did. i come here with policy recommendations which i hope to address. first, congress must give the department of education's office for civil rights the part to the power to levy substantial fines. the only rackham pence currently is the full removal preventing schools