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--

  1. participation in athletic pursuits plays an important role in teaching young Americans how to work on teams, handle challenges and overcome obstacles;
  2. participation in athletic pursuits plays an important role in keeping the minds and bodies of young Americans healthy and physically fit;
  3. there is increasing concern among citizens, educators, and public officials regarding the athletic opportunities for young men and women at institutions of higher education;
  4. 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;
  5. female college athletes receive less than 18 percent of the athletics recruiting dollar and less than 24 percent of the athletics operating dollar;
  6. male college athletes receive approximately $179,000,000 more per year in athletic scholarship grants than female college athletes;
  7. 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
  8. 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:

"(B) A statement of the following data:

"(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.


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