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105TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 105–14

GRADUATION DATA DISCLOSURES TECHNICAL

AMENDMENTS

MARCH 11, 1997.—Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. GOODLING, from the Committee on Education and the

Workforce, submitted the following

REPORT

[To accompany H.R. 914]

[Including cost estimate of the Congressional Budget Office]

The Committee on Education and the Workforce, to whom was

referred the bill (H.R. 914) to make certain technical corrections in

the Higher Education Act of 1965 relating to graduation data disclosures, having considered the same, report favorably thereon

without amendment and recommend that the bill do pass.

PURPOSE

The purpose of H.R. 914 is to make certain technical corrections

to the Student Right to Know provisions of the Higher Education

Act of 1965 relating to graduation data disclosures.

LEGISLATIVE ACTION

On March 4, 1997, Representatives McKeon and Kildee introduced H.R. 914. On March 5, 1997, the Committee on Education

and the Workforce assembled to consider H.R. 914. The Committee

adopted the bill by a voice vote.

BACKGROUND AND NEED FOR LEGISLATION/COMMITTEE VIEWS

The Student Right to Know provisions of the Higher Education

Act require institutions of higher education to report graduation

rates for their student body. The law required institutions to compile these statistics through June 30 of each year. In H.R. 3610, the

Omnibus Appropriations Act of 1996, (P.L. 104–208), the language

was changed to require the statistics to be compiled through Au-
2

gust 30 of each year for student athletes. Because institutions include July and August graduates in their yearly graduation rate

calculations, the change was made in order to (i) more accurately

reflect the manner in which institutions collect the data and (ii)

eliminate the burdensome task of preparing one set of graduation

rates through June 30 for purposes of Student Right to Know compliance and another set to reflect the actual graduation rates including July and August graduates.

Two mistakes were made when this language was included in

the Appropriations bill. First, because there are 31 days in August,

the cutoff date should have been August 31 rather than August 30.

Second, a corresponding date change for calculating graduation

rates for the student body-at-large was omitted. Because of this

mistake, colleges participating in national athletics will have to report one graduation rate for their athletes using a cut-off date of

August 30 and another graduation rate for the student body-atlarge using a cut-off date of June 30.

H.R. 914 corrects both problems. The first change corrects the

August cut-off from August 30 to August 31. The second change

conforms the section of the Act dealing with the reporting date for

student athletes to the section of the Act that requires preparation

of graduation rates for all students.

SUMMARY

The purpose of H.R. 914 is to make technical corrections to the

Student Right to Know provisions of the Higher Education Act of

1965 relating to graduation data disclosures.

SECTION-BY-SECTION ANALYSIS

Section 1(a)(1) amends Section 485 of the Higher Education Act

of 1965 (U.S.C. 1092) by striking in subsection (a)(3)(B) ‘‘June 30’’

and inserting ‘‘August 31’’.

Section 1(a)(2) amends Section 485 of the Higher Education Act

of 1965 (U.S.C. 1092) by striking in subsection (e)(9) ‘‘August 30’’

and inserting ‘‘August 31’’.

Section 1(b) provides for an effective date for the amendments

made by subsection (a) with respect to disclosures required to be

made for academic years beginning on or after July 1, 1998. Any

institution that complies with such amendments before July 1,

1998, shall not be treated as a failure to comply with subsections

(a)(3)(B) and (e)(9) of section 485 of the Higher Education Act of

1965 as in effect on the day before enactment of this Act.

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 2(l)(3)(A) of rule XI of the Rules of the

House of Representatives and clause 2(b)(1) of rule X of the Rules

of the House of Representatives, the Committee’s oversight findings

and recommendations are reflected in the body of this report.
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GOVERNMENT REFORM AND OVERSIGHT

With respect to the requirement of clause 2(l)(3)(D) of rule XI of

the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from

the Committee on Government Reform and Oversight on the subject of H.R. 914.

COMMITTEE ESTIMATE

Clause 7 of rule XIII of the Rules of the House of Representatives

requires an estimate and a comparison by the Committee of the

costs which would be incurred in carrying out H.R. 914. However,

clause 7(d) of that rule provides that this requirement does not

apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 403 of the Congressional

Budget Act of 1974.

APPLICATION OF LAW TO LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of

the application of this bill to the legislative branch. This bill is designed to make certain technical corrections to the Student Right

to Know provisions of the Higher Education Act of 1965 relating to

graduation data disclosures. This bill does not prohibit legislative

branch employees from receiving the benefits of this legislation.

CONSTITUTIONAL AUTHORITY STATEMENT

Section 485 of the Higher Education Act of 1965 and this Act are

constitutional under the spending clause of the constitution, Article

I, section 8, clause 1.

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act requires a statement of whether the provisions of the reported bill include unfunded mandates. The Committee received a

letter regarding unfunded mandates from the Director of the Congressional Budget Office. See infra.

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirement of clause 2(l)(3)(B) of rule XI of

the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of

clause 2(l)(3)(C) of rule XI of the House of Representatives and section 403 of the Congressional Budget Act of 1974, the Committee

has received the following cost estimate for H.R. 914 from the Director of the Congressional Budget Office:
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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 10, 1997.

Hon. BILL GOODLING,

Chairman, Committee on Education and the Workforce, House of

Representatives, Washington, DC.

DEAR CHAIRMAN: The Congressional Budget Office has prepared

the enclosed cost estimate for H.R. 914, a bill to make certain technical corrections in the Higher Education Act of 1965 relating to

graduation data disclosures.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Deborah Kalcevic.

Sincerely,

JAMES L. BLUM

(For June E. O’Neill, Director).

Enclosure.

H.R. 914—A bill to make certain technical corrections in the Higher

Education Act of 1965 relating to graduation data disclosures

CBO estimates that enacting this bill would have no effect on the

federal budget. Because the bill would not affect direct spending or

receipts, pay-as-you-go procedures would not apply. H.R. 914 contains no intergovernmental or private-sector mandates as defined

in the Unfunded Mandates Reform Act of 1995 and would not affect the budgets of state, local, or tribal governments.

The Higher Education Act requires that all schools participating

in the federal student aid programs disseminate information for

prospective and enrolled students. Schools must publish and make

readily available information regarding many aspects of the institution, including graduation rates.

H.R. 914 would change the current reporting period for graduation rates at institutions of higher education participating in the

federal student aid programs. Currently the reporting period is the

12 months ending June 30. This bill would make the reporting period the 12 months ending August 31.

The CBO staff contact for this estimate is Deborah Kalcevic. This

estimate was approved by Robert A. Sunshine, Deputy Assistant

Director for Budget Analysis.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3 of rule XIII of the Rules of the House

of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted

is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

SECTION 485 OF THE HIGHER EDUCATION ACT OF 1965

SEC. 485. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION

FOR STUDENTS.

(a) INFORMATION DISSEMINATION ACTIVITIES.—(1) * * *

* * * * * * *
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(3) In calculating the completion or graduation rate under subparagraph (L) of paragraph (1) of this subsection or under subsection (e), a student shall be counted as a completion or graduation if, within 150 percent of the normal time for completion of or

graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an eligible

institution for which the prior program provides substantial preparation. The information required to be disclosed under such subparagraph—

(A) * * *

(B) shall cover the one-year period ending on øJune 30¿ August 31 of the preceding year.

* * * * * * *

(e) DISCLOSURES REQUIRED WITH RESPECT TO ATHLETICALLY RELATED STUDENT AID.—(1) * * *

* * * * * * *

(9) This subsection shall not be effective until the first July 1

that follows, by more than 270 days, the date on which the Secretary first prescribes final regulations pursuant to this subsection.

The reports required by this subsection shall be due on that July

1 and each succeeding July 1 and shall cover the 1-year period ending øAugust 30¿ August 31 of the preceding year.

* * * * * * *

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