THE FOLLOWING IS THE ACTUAL BILL TEXT OF H.R. 6, as passed by the Senate on
August 2, 1994.
Equity in Athletics Disclosure Act
Item 59: (102) SEC. 349. HIGHER EDUCATION ACT OF 1965.
SEC. 349.
(a) Short Title: This section may be cited as the "Equity in
Athletics Disclosure Act".
(b) Findings: The Congress finds that--
- participation in athletic pursuits plays an important role in
teaching young Americans how to work on teams, handle challenges and
overcome obstacles;
- participation in athletic pursuits plays an important role in
keeping the minds and bodies of young Americans healthy and physically fit;
- there is increasing concern among citizens, educators, and public
officials regarding the athletic opportunities for young men and women at
institutions of higher education;
- a recent study by the National Collegiate Athletic Association found
that in Division I-A institutions, only 20 percent of the average
athletic department operations budget of $1,310,000 is spent on women's
athletics; 15 percent of the average recruiting budget of $318,402 is
spent on recruiting female athletes; the average scholarship expenses for
men is $1,300,000 and $505,246 for women; and an average of 143 grants
are awarded to male athletes and 59 to women athletes;
- female college athletes receive less than 18 percent of the
athletics recruiting dollar and less than 24 percent of the athletics
operating dollar;
- male college athletes receive approximately $179,000,000 more per
year in athletic scholarship grants than female college athletes;
- prospective students and prospective student athletes should be
aware of the commitments of an institution to providing equitable athletic
opportunities for its men and women students; and
- knowledge of an institution's expenditures for women's and men's
athletic programs would help prospective students and prospective student
athletes make informed judgments about the commitments of a given institution
of higher education to providing equitable athletic benefits to
its men and women students.
(c) Amendment: Section 485 of the Higher Education Act of 1965 (20
U.S.C. 1092) is amended by adding at the end 'the following new subsection:
"(g) Disclosure of Athletic Program Participation Rates and Financial
Support Data.--
"(1) Data required.--Each institution of higher education that
participates in any program under this title, and has an intercollegiate
athletic program, shall annually submit a report to the Secretary that
contains the following information:
"(A) For each men's team, women's team, and any team that includes both male
and female athletes, the following data:
- "(i) The total number of participants and their gender.
- "(ii) The total athletic scholarship expenditures.
"(iii) A figure that represents the total athletic scholarship
expenditures divided by the total number of participants.
- "(iv) The total number of contests for the team.
- "(v) The per capita operating expenses for the team.
- "(vi) The per capita recruiting expenses for the team.
- "(vii) The per capita personnel expenses for the team.
- "(viii) Whether the head coach is male or female and
whether the head coach is full time or part time.
- "(ix) The number of assistant coaches that are male and the
number of assistant coaches that are female and whether each
particular coach is full time or part time.
- "(x) The number of graduate assistant coaches that are male
and the number of graduate assistant coaches that are female.
- "(xi) The number of volunteer assistant coaches that are
male and the number of volunteer assistant coaches that are
female.
- "(xii) The ratio of participants to coaches.
- "(xiii) The average annual institutional compensation of the
head coaches of men's sports teams, across all offered sports, and
the average annual compensation of the head coaches of women's
sports teams, across all offered sports.
- "(xiv) The average annual institutional compensation of each of the assistant
coaches of men's sports teams, across all offered sports, and the average
annual compensation of the assistant coaches of women's sports teams, across all
offered sports.
- "(xv) The total annual revenues generated from attendance at athletic
contests across all men's teams and women's teams.
"(B) A statement of the following data:
- "(i) The ratio of male participants to female participants in the entire
athletic program.
- "(ii) The ratio of male athletic scholarship expenses to female athletic
scholarship expenses in the entire athletic program.
"(2) Disclosure to prospective students: An institution of higher education
described in paragraph (1) that offers admission to a potential student shall
provide to such student, upon request, the information contained in the report
submitted by such institution to the Secretary under paragraph (1), except that
all such students shall be informed of their right to request such information.
"(3) Disclosure to the public: An institution of higher education described
in paragraph (1) shall make available to the public, upon request, the
information contained in the report submitted by such institution to the
Secretary under paragraph (1).
"(4) Secretary's duty to publish a report of the data: On or before July
1, 1995, and each July 1 thereafter, the Secretary, using the reports submitted
under this subsection, shall compile, publish, and submit to the appropriate
committees of the Congress, a report that includes the information contained in
such reports identified by (A) the individual institutions, and (B) by the
athletic conferences recognized by the National Collegiate Athletic Association
and the National Association of Intercollegiate Athletics.
"(5) Definition: For the purposes of this subsection, the term 'operating
expenses' means all nonscholarship expenditures.".
(d) Effective Date.: The amendment made by subsection (c) shall take effect on
July 1, 1994.