[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1070 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1070
To address the needs of individuals with disabilities within the Jeanne
Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Casey (for himself, Ms. Hassan, Mr. Murphy, Ms. Klobuchar, Mr.
Sanders, Ms. Smith, Ms. Warren, Ms. Duckworth, Mrs. Shaheen, Mr.
Blumenthal, Ms. Hirono, and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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 2023''.
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 the matter preceding subparagraph (A), by
inserting ``in an accessible format'' after ``an annual
security report'';
(B) in subparagraph (F)(ii), by inserting ``and of
the crimes described in clause (iii), and'' after
``clause (i)''; and
(C) 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 free of charge, in a timely
manner, and in accessible formats for individuals with disabilities,
including those individuals who are blind or deaf or have cognitive,
intellectual, or communication disabilities.'';
(4) in paragraph (7)(A), 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 ``(vii); and'' and
inserting ``(viii);''
(II) in subclause (II), by striking
the period at the end and inserting a
semicolon; and
(III) by adding at the end 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 or 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 the matter preceding subclause (I)
of 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 individuals who are blind or deaf or
have cognitive, intellectual, or communication
disabilities; and
``(dd) be accessible to individuals with
disabilities, including individuals 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.'';
(B) in subparagraph (C), by striking ``(vii)'' and
inserting ``(viii)''; and
(C) 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 individuals 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 Correction.--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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