I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Transfer Act’’. 


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1 SEC. 2. DISCLOSURE OF PENDING AND COMPLETED DIS2 CIPLINARY PROCEEDINGS AGAINST A STU3 DENT. 

4 Section 444(b)(6) of the General Education Provi5 sions Act (20 U.S.C. 1232g(b)(6)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘nonforc7 ible’’; 

8 (2) in subparagraph (B)— 

9 (A) by striking ‘‘(B) Nothing’’ and insert10 ing the following: 

11 ‘‘(B)(i) Subject to clause (ii), nothing’’; 

12 (B) by striking ‘‘nonforcible’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(ii) No funds shall be made available 

15 under any applicable program to any institution 

16 of postsecondary education that fails— 

17 ‘‘(I) with respect to the final results 

18 of any disciplinary proceeding conducted 

19 by the institution against a student who is 

20 an alleged perpetrator of a sex offense, and 

21 whom, as a result of that disciplinary pro22 ceeding, the institution determines com23 mitted a violation of the institution’s rules 

24 or policies with respect to such offense, 

25 during the 5-year period beginning on the 


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1 date the disciplinary proceeding was com2 pleted— 

3 ‘‘(aa) to disclose such final re4 sults to an official of any other insti5 tution of postsecondary education in 

6 which the student seeks or intends to 

7 enroll; and 

8 ‘‘(bb) to include such final results 

9 on the transcript of such student; 

10 ‘‘(II) with respect to a pending dis11 ciplinary proceeding being conducted by 

12 such institution of postsecondary education 

13 against a student who is an alleged perpe14 trator of a sex offense, during the 1-year 

15 period beginning on the first day of such 

16 proceeding— 

17 ‘‘(aa) to disclose such pending 

18 proceeding to an official of any other 

19 institution of postsecondary education 

20 in which the student seeks or intends 

21 to enroll; and 

22 ‘‘(bb) to note that such discipli23 nary proceeding is pending on the 

24 transcript of such student; and 


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1 ‘‘(III) with respect to a disclosure 

2 under subclause (I) or (II)— 

3 ‘‘(aa) to notify the student of the 

4 disclosure; 

5 ‘‘(bb) to allow the student to in6 spect, in person, a copy of the discipli7 nary proceeding, which does not in8 clude the name of any other student, 

9 such as a victim or witness; and 

10 ‘‘(cc) to provide the student with 

11 an opportunity to write a statement to 

12 accompany the disclosure. 

13 ‘‘(iii) The Secretary shall take appropriate 

14 steps to notify institutions of postsecondary 

15 education that disclosure of information de16 scribed in clause (ii) is required.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(D) For the purpose of this paragraph, 

19 the term ‘sex offense’ has the meaning— 

20 ‘‘(i) given the term ‘sex offense’ in 

21 section 485(f)(1)(F)(i)(II) of the Higher 

22 Education Act of 1965 (20 U.S.C. 

23 1092(f)(1)(F)(i)(II)); 


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1 ‘‘(ii) given the term ‘sexual assault’ in 

2 section 485(f)(6)(A)(v) of such Act (20 

3 U.S.C. 1092(f)(6)(A)(v)); and 

4 ‘‘(iii) of an offense that meets the def5 inition of rape, fondling, incest, or statu6 tory rape under the final regulations pub7 lished by the Department of Education in 

8 the Federal Register on October 20, 2014, 

9 for Appendix A of subpart D of part 668, 

10 Code of Federal Regulations (79 Fed. Reg. 

11 62752).’’. 

Æ 


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