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103D CONGRESS

1ST SESSION S. 1468

To amend the Higher Education Act of 1965 to require institutions of

higher education to disclose participation rates, and program support

expenditures, in college athletic programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20 (legislative day, SEPTEMBER 7), 1993

Ms. MOSELEY-BRAUN (for herself, Mr. SIMON, Mr. KENNEDY, Mr. HARKIN,

Mrs. MURRAY, and Ms. MIKULSKI) introduced the following bill; which

was read twice and referred to the Committee on Labor and Human

Resources

A BILL

To amend the Higher Education Act of 1965 to require

institutions of higher education to disclose participation

rates, and program support expenditures, in college athletic programs, and for other purposes.

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 ‘‘Equity in Athletics

5 Disclosure Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) participation in athletic pursuits plays an

2 important role in teaching young Americans how to

3 work on teams, handle challenges and overcome

4 obstacles;

5 (2) participation in athletic pursuits plays an

6 important role in keeping the minds and bodies of

7 young Americans healthy and physically fit;

8 (3) there is increasing concern among citizens,

9 educators, and public officials regarding the athletic

10 opportunities for young men and women at institu11 tions of higher education;

12 (4) a recent study by the National Collegiate

13 Athletic Association found that in Division I–A insti14 tutions, only 20 percent of the average athletic de15 partment operations budget of $1,310,000 is spent

16 on women’s athletics; 15 percent of the average re17 cruiting budget of $318,402 is spent on recruiting

18 female athletes; the average scholarship expenses for

19 men is $1,300,000 and $505,246 for women; and an

20 average of 143 grants are awarded to male athletes

21 and 59 to women athletes;

22 (5) female college athletes receive less than 18

23 percent of the athletics recruiting dollar and less

24 than 24 percent of the athletics operating dollar;
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1 (6) male college athletes receive approximately

2 $179,000,000 more per year in athletic scholarship

3 grants than female college athletes;

4 (7) prospective students and prospective stu5 dent athletes should be aware of the commitments of

6 an institution to providing equitable athletic oppor7 tunities for its men and women students; and

8 (8) knowledge of an institution’s expenditures

9 for women’s and men’s athletic programs would help

10 prospective students and prospective student athletes

11 make informed judgments about the commitments of

12 a given institution of higher education to providing

13 equitable athletic benefits to its men and women

14 students.

15 SEC. 3. DISCLOSURE OF ATHLETIC PROGRAM PARTICIPA16 TION RATES AND FINANCIAL SUPPORT DATA.

17 (a) AMENDMENT.—Section 485 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1092) is amended by add19 ing at the end the following new subsection:

20 ‘‘(g) DISCLOSURE OF ATHLETIC PROGRAM PARTICI21 PATION RATES AND FINANCIAL SUPPORT DATA.—

22 ‘‘(1) DATA REQUIRED.—Each institution of

23 higher education which participates in any program

24 under this title, and has an intercollegiate athletic
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1 program, shall annually submit a report to the Sec2 retary that contains the following information:

3 ‘‘(A) For each men’s team, women’s team,

4 and any team that includes both male and fe5 male athletes, the following data:

6 ‘‘(i) The total number of participants

7 and their gender.

8 ‘‘(ii) The total scholarship expendi9 tures.

10 ‘‘(iii) A figure that represents the

11 total scholarship expenditures divided by

12 the total number of participants.

13 ‘‘(iv) The total number of contests for

14 the team.

15 ‘‘(v) The total operating expenses for

16 the team.

17 ‘‘(vi) The total recruiting expenses for

18 the team.

19 ‘‘(vii) The total personnel expenses for

20 the team.

21 ‘‘(viii) Whether the head coach is male

22 or female and whether the head coach is

23 full time or part time.

24 ‘‘(ix) The number of assistant coaches

25 that are male and the number of assistant
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1 coaches that are female and whether each

2 particular coach is full time or part time.

3 ‘‘(x) The number of graduate assist4 ant coaches that are male and the number

5 of graduate assistant coaches that are fe6 male.

7 ‘‘(xi) The number of volunteer assist8 ant coaches that are male and the number

9 of volunteer assistant coaches that are fe10 male.

11 ‘‘(xii) The ratio of participants to

12 coaches.

13 ‘‘(xiii) The total annual compensation

14 of the head coach.

15 ‘‘(xiv) The total annual compensation

16 of each of the assistant coaches.

17 ‘‘(B) A statement of the following data:

18 ‘‘(i) The ratio of male participants to

19 female participants in the entire athletic

20 program.

21 ‘‘(ii) The ratio of male scholarship ex22 penses to female scholarship expenses in

23 the entire athletic program.

24 ‘‘(2) DISCLOSURE TO PROSPECTIVE STU25 DENTS.—When an institution of higher education
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1 described in paragraph (1) offers admission to a po2 tential student, such institution shall provide to the

3 student the information contained in the report sub4 mitted by such institution to the Secretary under

5 paragraph (1).

6 ‘‘(3) DISCLOSURE TO THE PUBLIC.—An institu7 tion of higher education described in paragraph (1)

8 shall make available to the public, upon request, the

9 information contained in the report submitted by

10 such institution to the Secretary under paragraph

11 (1).

12 ‘‘(4) SECRETARY’S DUTY TO PUBLISH A RE13 PORT OF THE DATA.—On or before July 1, 1995,

14 and each July 1 thereafter, the Secretary, using the

15 reports submitted under this subsection, shall com16 pile, publish, and submit to the appropriate commit17 tees of the Congress, a report that includes the in18 formation contained in such reports identified by (A)

19 the individual institutions, and (B) by the athletic

20 conferences recognized by the National Collegiate

21 Athletic Association and the National Association of

22 Intercollegiate Athletics.

23 ‘‘(5) DEFINITION.—For the purposes of this

24 subsection, the term ‘operating expenses’ means all

25 nonscholarship expenditures.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 this section shall take effect on July 1, 1994.

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