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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Transfer Act’’. 
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SEC. 2. DISCLOSURE OF PENDING AND COMPLETED DIS-
CIPLINARY PROCEEDINGS AGAINST A STU-
DENT. 
Section 444(b)(6) of the General Education Provi-
sions Act (20 U.S.C. 1232g(b)(6)) is amended— 
(1) in subparagraph (A), by striking ‘‘nonforc-
ible’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘(B) Nothing’’ and insert-
ing 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 pro-
ceeding, the institution determines com-
mitted a violation of the institution’s rules 
or policies with respect to such offense, 
during the 5-year period beginning on the 
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date the disciplinary proceeding was com-
pleted— 
‘‘(aa) to disclose such final re-
sults to an official of any other insti-
tution 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 dis-
ciplinary proceeding being conducted by 
such institution of postsecondary education 
against a student who is an alleged perpe-
trator 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 discipli-
nary proceeding is pending on the 
transcript of such student; and 
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‘‘(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 in-
spect, in person, a copy of the discipli-
nary proceeding, which does not in-
clude 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 de-
scribed 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)); 
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‘‘(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 def-
inition of rape, fondling, incest, or statu-
tory rape under the final regulations pub-
lished 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).’’. 
Æ 
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