[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5241 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5241

To address the needs of individuals with disabilities within the Jeanne 
Clery Disclosure of Campus Security Policy and Campus Crime Statistics 
                                  Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2018

 Mrs. Dingell introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To address the needs of individuals with disabilities within the Jeanne 
Clery Disclosure of Campus Security Policy and Campus Crime Statistics 
                                  Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Equitable Campus Resources and 
Education Act of 2018'' or the ``Secure Act of 2018''.

SEC. 2. AMENDMENTS TO THE CLERY ACT.

    (a) In General.--Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (F)--
                            (i) in clause (ii), by striking ``and'' 
                        after the semicolon;
                            (ii) in clause (iii), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by inserting after clause (iii) the 
                        following:
                            ``(iv) of the sex offenses, domestic 
                        violence, dating violence, and stalking 
                        incidents required to be reported under this 
                        subsection, how many involved a victim who was 
                        an individual with a disability, as defined in 
                        this subsection.''; and
                    (B) in subparagraph (J)--
                            (i) in clause (ii), by striking ``and'' 
                        after the semicolon;
                            (ii) by redesignating clause (iii) as 
                        clause (iv); and
                            (iii) by inserting after clause (ii) the 
                        following:
                            ``(iii) ensure that such emergency response 
                        and evacuation procedures take into account the 
                        needs of students and staff with disabilities; 
                        and'';
            (2) by redesignating paragraphs (2) through (18) as 
        paragraphs (3) through (19), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) All reports, materials and information provided in 
        accordance with this subsection shall be available in a timely 
        manner in accessible formats for individuals with disabilities, 
        including those who are blind, deaf, or have cognitive, 
        intellectual, or communication disabilities.'';
            (4) in paragraph (7), as redesignated by paragraph (2)--
                    (A) by redesignating clauses (iii) through (v) as 
                clauses (iv) through (vi), respectively; and
                    (B) by inserting after clause (ii) the following:
                            ``(iii) The term `disability' has the 
                        meaning given such term in section 3 of the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12102 ).''; and
            (5) in paragraph (9), as redesignated by paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) in clause (i)--
                                    (I) in subclause (I)--
                                            (aa) in item (ee), by 
                                        striking ``and'' after the 
                                        semicolon and inserting ``, 
                                        including abusive behavior and 
                                        attacks targeting individuals 
                                        with disabilities; and''; and
                                            (bb) in item (ff), by 
                                        striking ``and'' after the 
                                        semicolon;
                                    (II) in subclause (II), by striking 
                                the period at the end and inserting a 
                                semicolon; and
                                    (III) by inserting after subclause 
                                (II), the following:
                                    ``(III) an assurance that all 
                                prevention and awareness programs and 
                                materials are accessible to, and 
                                inclusive of the needs of, individuals 
                                with disabilities, including those who 
                                are deaf, blind, or have cognitive, 
                                intellectual, or communication 
                                disabilities; and
                                    ``(IV) an assurance that campus 
                                security personnel and other 
                                individuals responsible for the 
                                provision of information or resources 
                                under this subsection receive training 
                                about working with individuals with 
                                disabilities.'';
                            (ii) in clause (iii), by inserting ``and in 
                        such formats as are necessary to ensure their 
                        accessibility to individuals with 
                        disabilities,'' after ``writing'';
                            (iii) in clause (iv)--
                                    (I) in subclause (I)--
                                            (aa) in item (aa), by 
                                        striking ``and'' after the 
                                        semicolon; and
                                            (bb) by inserting after 
                                        item (bb) the following:
                                            ``(cc) be conducted by 
                                        officials who receive annual 
                                        training on how to conduct an 
                                        investigation and hearing 
                                        process with an accuser or an 
                                        accused who has a disability, 
                                        including those who are blind, 
                                        deaf, or have cognitive, 
                                        intellectual, or communication 
                                        disabilities; and
                                            ``(dd) be accessible to 
                                        individuals with disabilities, 
                                        including those who are blind, 
                                        deaf, or have cognitive, 
                                        intellectual, or communication 
                                        disabilities;'';
                                    (II) in subclause (II)--
                                            (aa) by striking ``the 
                                        accuser'' and inserting ``with 
                                        respect to such proceedings--
                                            ``(aa) the accuser''; and
                                            (bb) by inserting after 
                                        item (aa), as added by item 
                                        (aa), the following:
                                            ``(bb) an accuser or an 
                                        accused with a disability who 
                                        discloses such disability is 
                                        also entitled to be accompanied 
                                        to any such meeting or 
                                        proceeding by an interpreter, 
                                        transliterator, or other 
                                        individual providing 
                                        communication assistance 
                                        services, provided by the 
                                        institution in accordance with 
                                        section 504 of the 
                                        Rehabilitation Act of 1973 (29 
                                        U.S.C. 794) and the Americans 
                                        with Disabilities Act of 1990 
                                        (42 U.S.C. 12101 et seq.), to 
                                        ensure the accuser or accused's 
                                        ability to fully participate; 
                                        and
                                            ``(cc) the accuser and the 
                                        accused are entitled to the 
                                        same opportunities to request 
                                        accommodations related to their 
                                        disabilities; and''; and
                                    (III) in subclause (III), in the 
                                matter preceding item (aa), by 
                                inserting ``, and in such accessible 
                                format as is required in the case of an 
                                accuser or an accused individual with a 
                                disability,'' following ``shall be 
                                simultaneously informed, in writing''; 
                                and
                            (iv) by adding after clause (vii) the 
                        following:
                            ``(viii) Information about the 
                        accommodations available to individuals with 
                        disabilities with respect to such programs and 
                        procedures, how individuals with disabilities 
                        may request such accommodations, and an 
                        assurance that such accommodations will be 
                        provided in a timely manner such that access to 
                        programs and the timing of procedures under 
                        this subparagraph shall not be substantially 
                        impeded.''; and
                    (B) by inserting after subparagraph (C), the 
                following:
                    ``(D) All materials, websites, and other forms of 
                communication associated with the policy described in 
                subparagraph (A) shall be provided in accessible 
                formats for individuals with disabilities, including 
                those who are deaf, blind, or have cognitive, 
                intellectual, or communication disabilities. Provision 
                of such accessible formats shall be timely and shall 
                include procedures for addressing problems and failures 
                of any accessibility technology involved.''.
    (b) Technical Amendment.--Section 120(a)(2)(B)(i) of the Higher 
Education Act of 1965 (20 U.S.C. 1011i(a)(2)(B)(i)) is amended by 
striking ``485(f)(6)'' and inserting ``485(f)(7)''.
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