[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6523 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6523

   To amend the Family Educational Rights and Privacy Act of 1974 to 
require the notification of institutions of postsecondary education of 
                        public safety concerns.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2016

Ms. Speier (for herself, Mr. Carson of Indiana, Ms. Castor of Florida, 
   Ms. Kuster, Ms. Lee, Mrs. Carolyn B. Maloney of New York, and Ms. 
    Moore) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To amend the Family Educational Rights and Privacy Act of 1974 to 
require the notification of institutions of postsecondary education of 
                        public safety concerns.

    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 Transfer Act''.

SEC. 2. DISCLOSURE OF PENDING AND COMPLETED DISCIPLINARY PROCEEDINGS 
              AGAINST A STUDENT.

    Section 444(b)(6) of the General Education Provisions Act (20 
U.S.C. 1232g(b)(6)) is amended--
            (1) in subparagraph (A), by striking ``nonforcible'';
            (2) in subparagraph (B)--
                    (A) by striking ``(B) Nothing'' and inserting the 
                following:
                    ``(B)(i) Subject to clause (ii), nothing'';
                    (B) by striking ``nonforcible''; and
                    (C) by adding at the end the following:
                    ``(ii) No funds shall be made available under any 
                applicable program to any institution of postsecondary 
                education that fails--
                            ``(I) with respect to the final results of 
                        any disciplinary proceeding conducted by the 
                        institution against a student who is an alleged 
                        perpetrator of a sex offense, and whom, as a 
                        result of that disciplinary proceeding, the 
                        institution determines committed a violation of 
                        the institution's rules or policies with 
                        respect to such offense, during the 5-year 
                        period beginning on the date the disciplinary 
                        proceeding was completed--
                                    ``(aa) to disclose such final 
                                results to an official of any other 
                                institution of postsecondary education 
                                in which the student seeks or intends 
                                to enroll; and
                                    ``(bb) to include such final 
                                results on the transcript of such 
                                student;
                            ``(II) with respect to a pending 
                        disciplinary proceeding being conducted by such 
                        institution of postsecondary education against 
                        a student who is an alleged perpetrator of a 
                        sex offense, during the 1-year period beginning 
                        on the first day of such proceeding--
                                    ``(aa) to disclose such pending 
                                proceeding to an official of any other 
                                institution of postsecondary education 
                                in which the student seeks or intends 
                                to enroll; and
                                    ``(bb) to note that such 
                                disciplinary proceeding is pending on 
                                the transcript of such student; and
                            ``(III) with respect to a disclosure under 
                        subclause (I) or (II)--
                                    ``(aa) to notify the student of the 
                                disclosure;
                                    ``(bb) to allow the student to 
                                inspect, in person, a copy of the 
                                disciplinary proceeding, which does not 
                                include the name of any other student, 
                                such as a victim or witness; and
                                    ``(cc) to provide the student with 
                                an opportunity to write a statement to 
                                accompany the disclosure.
                    ``(iii) The Secretary shall take appropriate steps 
                to notify institutions of postsecondary education that 
                disclosure of information described in clause (ii) is 
                required.''; and
            (3) by adding at the end the following:
                    ``(D) For the purpose of this paragraph, the term 
                `sex offense' has the meaning--
                            ``(i) given the term `sex offense' in 
                        section 485(f)(1)(F)(i)(II) of the Higher 
                        Education Act of 1965 (20 U.S.C. 
                        1092(f)(1)(F)(i)(II));
                            ``(ii) given the term `sexual assault' in 
                        section 485(f)(6)(A)(v) of such Act (20 U.S.C. 
                        1092(f)(6)(A)(v)); and
                            ``(iii) of an offense that meets the 
                        definition of rape, fondling, incest, or 
                        statutory rape under the final regulations 
                        published by the Department of Education in the 
                        Federal Register on October 20, 2014, for 
                        Appendix A of subpart D of part 668, Code of 
                        Federal Regulations (79 Fed. Reg. 62752).''.
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