SEC. 2. SEXUAL ASSAULT WHISTLEBLOWER PROTECTION. 
(a) FEDERAL FINANCIAL AID.—Section 484(r) of the 
Higher Education Act of 1965 (20 U.S.C. 1091(r)) is 
amended— 
(1) in paragraph (1), by striking ‘‘A student’’ 
and inserting, ‘‘Except as provided in paragraph (3), 
a student’’; 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) EXCEPTION.—Paragraph (1) shall not 
apply to a student who— 
‘‘(A) makes an admission described in sec-
tion 487(a)(30)(A)(i); and 
‘‘(B) is convicted of an offense involving 
the possession of a controlled substance based 
on conduct described in such admission.’’. 
(b) FINANCIAL AID FROM INSTITUTION OF HIGHER 
EDUCATION.—Section 487(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1094(a)) is amended by adding 
at the end the following: 
‘‘(30)(A) The institution— 
‘‘(i) with respect to a student enrolled in 
the institution who makes a report of a sexual 
assault and admits to the unlawful consumption 
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of alcohol or a controlled substance in such re-
port, will not take any retaliatory action against 
such student for such consumption; 
‘‘(ii) with respect to a student enrolled in 
the institution who is the victim of a sexual as-
sault, will not take any retaliatory action 
against such student for the sexual activity ad-
mitted to in a report of such assault; and 
‘‘(iii) will annually inform students enrolled 
in the institution of the prohibition against re-
taliatory actions described in clauses (i) and 
(ii). 
‘‘(B) In this paragraph: 
‘‘(i) The term ‘sexual assault’ has the 
meaning given such term in section 
485(f)(6)(A). 
‘‘(ii) The term ‘controlled substance’ 
has the meaning given the term in section 
102(6) of the Controlled Substances Act 
(21 U.S.C. 802(6)). 
‘‘(iii) The term ‘report’ means a re-
port made by a student to State or local 
law enforcement agencies or the institution 
in which the student is enrolled. 
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‘‘(iv) The term ‘retaliatory action’, 
when used with respect to a student de-
scribed in clauses (i) and (ii), includes— 
‘‘(I) the expulsion, suspension, or 
altering of the financial aid of such 
student; and 
‘‘(II) any notification (other than 
a notification required by law) to a 
parent or legal guardian of such stu-
dent with respect to the contents of a 
report of sexual assault made by such 
student.’’. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that Federal and State 
prosecutors should exercise their prosecutorial discretion 
when considering bringing any criminal charges against 
any person who comes forward to report a sexual assault, 
and who, in making such report, admits to engaging in 
unlawful consumption of alcohol or a controlled substance. 
Æ 
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