I 118TH CONGRESS 1ST SESSION H. R. 2421 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 30, 2023 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safe Equitable Cam- 4 pus Resources and Education Act of 2023’’. 5 SEC. 2. AMENDMENTS TO THE CLERY ACT. 6 (a) IN GENERAL.—Section 485(f) of the Higher Edu- 7 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 8 (1) in paragraph (1)— 9 VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2421 IH (A) in the matter preceding subparagraph 1 (A), by inserting ‘‘in an accessible format’’ after 2 ‘‘an annual security report’’; 3 (B) in subparagraph (F)(ii), by inserting 4 ‘‘and of the crimes described in clause (iii), 5 and’’ after ‘‘clause (i)’’; and 6 (C) in subparagraph (J)— 7 (i) in clause (ii), by striking ‘‘and’’ 8 after the semicolon; 9 (ii) by redesignating clause (iii) as 10 clause (iv); and 11 (iii) by inserting after clause (ii) the 12 following: 13 ‘‘(iii) ensure that such emergency re- 14 sponse and evacuation procedures take into 15 account the needs of students and staff 16 with disabilities; and’’; 17 (2) by redesignating paragraphs (2) through 18 (18) as paragraphs (3) through (19), respectively; 19 (3) by inserting after paragraph (1) the fol- 20 lowing: 21 ‘‘(2) All reports, materials and information provided 22 in accordance with this subsection shall be available free 23 of charge, in a timely manner, and in accessible formats 24 for individuals with disabilities, including those individuals 25 VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2421 IH who are blind or deaf or have cognitive, intellectual, or 1 communication disabilities.’’; 2 (4) in paragraph (7)(A), as redesignated by 3 paragraph (2)— 4 (A) by redesignating clauses (iii) through 5 (v) as clauses (iv) through (vi), respectively; 6 and 7 (B) by inserting after clause (ii) the fol- 8 lowing: 9 ‘‘(iii) The term ‘disability’ has the meaning 10 given such term in section 3 of the Americans with 11 Disabilities Act of 1990 (42 U.S.C. 12102).’’; and 12 (5) in paragraph (9), as redesignated by para- 13 graph (2)— 14 (A) in subparagraph (B)— 15 (i) in clause (i)— 16 (I) in subclause (I)— 17 (aa) in item (ee), by striking 18 ‘‘; and’’ and inserting ‘‘, includ- 19 ing abusive behavior and attacks 20 targeting individuals with disabil- 21 ities; and’’; and 22 (bb) in item (ff), by striking 23 ‘‘(vii); and’’ and inserting 24 ‘‘(viii);’’ 25 VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2421 IH (II) in subclause (II), by striking 1 the period at the end and inserting a 2 semicolon; and 3 (III) by adding at the end the 4 following: 5 ‘‘(III) an assurance that all prevention and 6 awareness programs and materials are acces- 7 sible to, and inclusive of the needs of, individ- 8 uals with disabilities, including those who are 9 deaf or blind or have cognitive, intellectual, or 10 communication disabilities; and 11 ‘‘(IV) an assurance that campus security 12 personnel and other individuals responsible for 13 the provision of information or resources under 14 this subsection receive training about working 15 with individuals with disabilities.’’; 16 (ii) in the matter preceding subclause 17 (I) of clause (iii), by inserting ‘‘and in such 18 formats as are necessary to ensure their 19 accessibility to individuals with disabil- 20 ities,’’ after ‘‘writing’’; 21 (iii) in clause (iv)— 22 (I) in subclause (I)— 23 (aa) in item (aa), by striking 24 ‘‘and’’ after the semicolon; and 25 VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2421 IH (bb) by inserting after item 1 (bb) the following: 2 ‘‘(cc) be conducted by officials who re- 3 ceive annual training on how to conduct an 4 investigation and hearing process with an 5 accuser or an accused who has a disability, 6 including individuals who are blind or deaf 7 or have cognitive, intellectual, or commu- 8 nication disabilities; and 9 ‘‘(dd) be accessible to individuals with 10 disabilities, including individuals who are 11 blind, deaf, or have cognitive, intellectual, 12 or communication disabilities;’’; 13 (II) in subclause (II)— 14 (aa) by striking ‘‘and’’ at 15 the end; 16 (bb) by striking ‘‘the ac- 17 cuser’’ and inserting ‘‘with re- 18 spect to such proceedings— 19 ‘‘(aa) the accuser’’; and 20 (cc) by inserting after item 21 (aa), as added by item (bb), the 22 following: 23 ‘‘(bb) an accuser or an accused with a 24 disability who discloses such disability is 25 VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2421 IH also entitled to be accompanied to any 1 such meeting or proceeding by an inter- 2 preter, transliterator, or other individual 3 providing communication assistance serv- 4 ices, provided by the institution in accord- 5 ance with section 504 of the Rehabilitation 6 Act of 1973 (29 U.S.C. 794) and the 7 Americans with Disabilities Act of 1990 8 (42 U.S.C. 12101 et seq.), to ensure the 9 accuser or accused’s ability to fully partici- 10 pate; and 11 ‘‘(cc) the accuser and the accused are 12 entitled to the same opportunities to re- 13 quest accommodations related to their dis- 14 abilities; and’’; and 15 (III) in subclause (III), in the 16 matter preceding item (aa), by insert- 17 ing ‘‘and in such accessible format as 18 is required in the case of an accuser 19 or an accused individual with a dis- 20 ability’’ following ‘‘shall be simulta- 21 neously informed, in writing’’; and 22 (iv) by adding after clause (vii) the 23 following: 24 VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2421 IH ‘‘(viii) Information about the accommodations 1 available to individuals with disabilities with respect 2 to such programs and procedures, how individuals 3 with disabilities may request such accommodations, 4 and an assurance that such accommodations will be 5 provided in a timely manner such that access to pro- 6 grams and the timing of procedures under this sub- 7 paragraph shall not be substantially impeded.’’; 8 (B) in subparagraph (C), by striking 9 ‘‘(vii)’’ and inserting ‘‘(viii)’’; and 10 (C) by inserting after subparagraph (C) 11 the following: 12 ‘‘(D) All materials, websites, and other 13 forms of communication associated with the 14 policy described in subparagraph (A) shall be 15 provided in accessible formats for individuals 16 with disabilities, including those individuals who 17 are deaf, blind, or have cognitive, intellectual, 18 or communication disabilities. Provision of such 19 accessible formats shall be timely and shall in- 20 clude procedures for addressing problems and 21 failures of any accessibility technology in- 22 volved.’’. 23 (b) TECHNICAL CORRECTION.—Section 24 120(a)(2)(B)(i) of the Higher Education Act of 1965 (20 25 VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2421 IH U.S.C. 1011i(a)(2)(B)(i)) is amended by striking 1 ‘‘485(f)(6)’’ and inserting ‘‘485(f)(7)’’. 2 Æ VerDate Sep 11 2014 03:15 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H2421.IH H2421 pbinns on DSKJLVW7X2PROD with $$_JOB