101st CONGRESS
2d Session
S. 580
AMENDMENT
S 580 EAH
In the House of Representatives, U. S.,
June 5, 1990.
Resolved, That the bill from the Senate (S. 580) entitled `An Act to
require institutions of higher education receiving Federal financial
assistance to provide certain information with respect to the graduation
rates of student-athletes at such institutions', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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This Act may be cited as the `Student Right-to-Know and Campus Security Act'.

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This title may be cited as the `Student Athlete Right-to-Know Act'.

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TITLE I

-STUDENT ATHLETE RIGHT-TO-KNOW

The Congress finds that--
(1) education is fundamental to the development of individual citizens
and the progress of the Nation as a whole;
(2) there is increasing concern among citizens, educators, and public
officials regarding the academic performance of student-athletes at
institutions of higher education;
(3) while the National Collegiate Athletic Association has instituted a
new academic eligibility standard for incoming freshmen, such standard
does not impact on eligible athletes in college where such athletes can
remain eligible if such athletes have less than a 2.0 grade point average
in the first 2 years of study;
(4) more than 10,000 athletic scholarships are provided annually by
institutions of higher education;
(5) prospective students should be aware of the educational commitments
of an institution to its athletes; and
(6) knowledge of the graduation rates of student-athletes would assist
prospective students and their families in making an informed judgment
about the educational benefits available at a given institution of higher
education.

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(a) AMENDMENT- Section 485 of the Higher Education Act of 1965 (20
U.S.C. 1092) is amended by adding at the end thereof the following new
subsection:
`(e) Disclosures Required With Respect to Athletically Related Student Aid-
`(1) REPORTS TO THE SECRETARY- Each institution of higher education which
participates in any program under this title and is attended by students
receiving athletically related student aid shall annually submit a report
to the Secretary which contains--
`(A) the number of students at the institution of higher education who
received athletically related student aid broken down by race and sex in
the following sports: basketball, football, baseball, cross country/track,
ice hockey, and all other sports combined;
`(B) the number of students at the institution of higher education, broken
down by race and sex;
`(C) the graduation rate for students at the institution of higher education
who received athletically related student aid broken down by race and sex
in the following sports: basketball and football;
`(D) the graduation rate for students at the institution of higher education,
broken down by race and sex;
`(E) the average graduation rate for the 4 most recent graduating classes
of students at the institution of higher education who received athletically
related student aid broken down by race and sex in the following categories:
baseball, cross country/track, ice hockey, and all other sports combined; and
`(F) the average graduation rate for the 4 most recent graduating classes of
students at the institution of higher education broken down by race and sex.
`(2) STUDENT NOTIFICATION- When an institution described in paragraph (1)
of this subsection offers a potential student athlete athletically related
student aid, such institution shall provide to the student and his parents,
his guidance counselor, and coach the information contained in the report
submitted by such institution pursuant to paragraph (1).
`(3) SPECIAL CIRCUMSTANCES- If an institution of higher education described
in paragraph (1) finds that the information collected pursuant to such
paragraph, because of extenuating circumstances, does not provide an
accurate representation of the school's graduation rate, the school may
provide additional information to the student and the Secretary.
`(4) COMPARABLE INFORMATION- Each institution of higher education described
in paragraph (1) may provide supplemental information to students and
the Secretary showing the graduation rate when such graduation rate does
not include students transferring into and out of such institution. The
Secretary shall ensure that the data presented to the student and the data
submitted to the Secretary are comparable.
`(5) REPORT BY SECRETARY- (A) The Secretary shall, using the reports
submitted under this subsection, compile and publish a report containing
the information required under paragraph (1) broken down by--
`(i) individual institutions of higher education, and
`(ii) athletic conferences recognized by the National Collegiate Athletic
Association and the National Association of Intercollegiate Athletics.
`(B) The Secretary shall make available copies of the report required by
subparagraph (A) to any individual or secondary school requesting a copy
of such report.
`(6) WAIVER- The Secretary shall waive the requirements of this subsection
for any institution of higher education which is a member of an athletic
association or athletic conference that voluntarily published graduation
rate data (or has agreed to publish the data) that, in the opinion of the
Secretary, is substantially comparable to the information required under
this subsection.
`(7) DEFINITIONS- For the purpose of this subsection--
`(A) The term `athletically related student aid' means any scholarship,
grant, or other form of financial assistance whose terms require the
recipient to participate in an institution of higher education's program of
intercollegiate athletics in order to be eligible to receive such assistance.
`(B) The term `graduation rate' means the percentage of students with
no previous collegiate participation who enter an institution of higher
education as full time, degree seeking students in a specific year and
graduate with a bachelor's degree, or the equivalent, within 5 years.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) of this section
shall take effect July 1, 1991.

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(a) FINDINGS- Congress finds that--
(1) the fiscal and operational integrity of intercollegiate athletic programs
and the relationship of such programs to the educational purpose of higher
education are of increasing concern to the public, students, and to Congress;
(2) there is a lack of adequate information regarding the operation and
control of intercollegiate athletic programs, including the revenues and
expenditures associated with such programs; and
(3) such information would be helpful in insuring that intercollegiate
athletic programs are adequately controlled by and accountable to the
institutions which sponsor them.
(b) Disclosures-
(1) DISCLOSURE TO STUDENTS- Section 485(a)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1092(a)(1)) is amended--
(A) by striking `and' at the end of subparagraph (J);
(B) by striking the period at the end of subparagraph (K) and inserting
a semicolon; and
(C) by adding at the end thereof the following new subparagraph:
`(L) in a form prescribed by the Secretary, with respect to any institution
that offers athletically related student aid--
`(i) the total revenues, and the revenues by sport, derived by the
institution's athletic departments and intercollegiate athletic activities;
`(ii) the total expenditures, and the direct expenditures by sport,
derived from such departments and intercollegiate athletic activities; and
`(iii) the total revenues and expenditures of the institution for the same
period; and'.
(2) COLLECTION AND PUBLICATION OF INFORMATION- Section 485(a) of such Act
is amended--
(A) by redesignating paragraph (2) as paragraph (4); and
(B) by inserting after paragraph (1) the following new paragraph:
`(2) The Secretary shall--
`(A) annually collect and compile the forms required to be disclosed under
paragraph (1)(L);
`(B) make such compiled forms readily available for public inspection and
copying; and
`(C) publicly announce, annually, the availability of such compiled forms.'.
(c) EFFECTIVE DATES- The amendments made by this section shall take effect
on July 1, 1991, except that the first report required under such amendments
shall be due on July 1, 1992.

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(a) DISCLOSURE OF COMPLETION RATES- Section 485(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1092(a)(1)) is amended by inserting
immediately after subparagraph (L) (as added by section 104 of this Act)
the following new subparagraph:
`(M) the completion or graduation rate of certificate- or degree-seeking,
full-time students entering such institutions.'.
(b) CONSTRUCTION OF DISCLOSURE REQUIREMENTS- Section 485(a) of such Act
is further amended by inserting after paragraph (2) (as added by section
104 of this Act) the following new paragraph:
`(3) In calculating the completion rate under subparagraph (M) of this
section, a student shall be counted as a completion if, within 150 percent
of the normal time for completion of the program, the student has completed
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) shall be available beginning on July 1, 1992, and each year thereafter
to current and prospective students prior to enrolling or entering into
any financial obligation;
`(B) shall cover the one-year period ending on June 30 of the preceding year;
`(C) shall be updated not less than biennially.'.
(c) ESTABLISHMENT OF STANDARD DEFINITIONS- In coordination with
representatives of institutions of higher education, the Secretary shall,
not later than 6 months after the enactment of this section, establish
standard definitions and methodologies for measuring the following
institutional outcomes--
(1) the graduation or completion rate of graduates at an institution broken
down by program or field of study;
(2) the graduation rate of an institution reported by individual schools
or academic divisions within the institution;
(3) the rate at which graduates of the institution pass applicable licensure
or certification examinations required by the State for employment in a
particular vocation, trade, or professional field; and
(4) the rate at which graduates of occupationally specific programs at the
institution who enter the labor market following graduation or completion
from such a program obtain employment in the occupation for which they
are trained.
(d) REPORT- The Secretary of Education shall, by October 1, 1991, submit a
report to the appropriate committees of the Congress on the implementation
of this section and the amendments made by this section.

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This title may be cited as the `Crime Awareness and Campus Security Act
of 1990'.

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TITLE II

-CRIME AWARENESS AND CAMPUS SECURITY

The Congress finds that--
(1) the reported incidence of crime on some college campuses has steadily
risen in recent years, particularly violent crimes;
(2) while annual `National Campus Violence Surveys' indicate that roughly
80 percent of campus crimes are committed by a student upon another student
and that approximately 95 percent of the campus crimes which are violent
are alcohol or drug related, there are currently no comprehensive data on
campus crimes;
(3) out of 8,000 postsecondary institutions participating in Federal student
aid programs, only 352 colleges and universities voluntarily provide crime
statistics directly through the Federal Bureau of Investigation's Uniform
Crime Report and other institutions report data indirectly, through local
police agencies or States, in a manner that does not permit campus statistics
to be separated out;
(4) several State legislatures have adopted or are considering legislation
to require reporting of campus crime statistics and dissemination of
security practices and procedures, but the bills are not uniform in their
requirements and standards;
(5) students and employees of institutions of higher education should be
aware of the occurrence of crime on campus and policies and procedures to
prevent crime or to report occurrences of crime;
(6) applicants for enrollment at a college or university, and their parents,
should have access to information about that institution's crime statistics
and its security policies and procedures;
(7) while many institutions have established crime preventive measures to
increase the safety of campuses, there is a clear need--
(A) to encourage the development on all campuses of security policies and
procedures; and
(B) for uniformity and consistency in the reporting of crimes on campus.

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(a) PROGRAM PARTICIPATION AGREEMENT REQUIREMENTS- Section 487(a) of the
Higher Education Act of 1965 is amended by adding at the end thereof the
following new paragraph:
`(11) The institution certifies that--
`(A) the institution has established a campus security policy; and
`(B) the institution has complied with the disclosure requirements of
section 485(f).'.
(b) DISCLOSURE REQUIREMENTS- Section 485 of the Higher Education Act of
1965 is amended by adding at the end thereof the following new subsection:
`(f) DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS- (1)
Each eligible institution participating in any program under this title
shall prepare, publish, and distribute, through appropriate publications
and mailings, to all current students and employees, and to any applicant
for enrollment or employment upon request, beginning on July 1 of 1992 and
each year thereafter, an annually revised and updated report containing
the following information with respect to its campus security policies
and campus crime statistics:
`(A) a statement of current campus policies regarding procedures and
facilities for students and others to report criminal actions or other
emergencies occurring on campus and policies concerning the institution's
response to such reports;
`(B) a statement of current policies concerning security and access to
campus facilities, and security consideration used in the maintenance of
campus facilities;
`(C) a statement of current policies concerning security in campus
residences and access to campus residences by students and guests,
including a description of the type and frequency of programs designed to
inform students and student housing residents about housing security and
enforcement procedures;
`(D) a statement of current policies concerning campus law enforcement,
including--
`(i) the enforcement authority of security personnel, including their
working relationship with State and local police agencies; and
`(ii) policies which encourage accurate and prompt reporting of all crimes
to the campus police and the appropriate police agencies; and
`(E) statistics concerning the occurrence on campus, during the most recent
school year, and during the 2 preceding school years, of the following
criminal offenses reported to campus security authorities or local police
agencies--
`(i) murder;
`(ii) rape;
`(iii) robbery;
`(iv) aggravated assault;
`(v) burglary;
`(vi) larceny;
`(vii) motor vehicle theft; and
`(viii) arson;
`(F) statistics concerning the number of arrests for the following crimes
occurring on campus:
`(i) liquor law violations;
`(ii) drug abuse violations;
`(iii) vandalism;
`(iv) weapons possessions; and
`(v) disorderly conduct;
`(G) a statement of policy regarding the possession, use, and sale of
alcoholic beverages and enforcement of State underage drinking laws and
a description of any alcohol abuse education programs provided by the
institution;
`(H) a statement of policy regarding the possession, use, and sale of illegal
drugs and enforcement of Federal and State drug laws and a description of
any drug abuse education programs provided by the institution; and
`(I) a statement of policy concerning the monitoring through local police
agencies and recording of criminal activity at off-campus fraternities
and other student organizations which are recognized by the institution.
`(2) Each institution participating in any program under this title
shall make timely reports to the campus community on crimes described in
paragraph (1)(E) that are reported to campus security or local law police
agencies. Such reports shall be distributed through appropriate publications
and media to students and employees in a manner that is timely and that
will aid in the prevention of similar occurrences.
`(3) Each such institution shall annually submit to the Secretary a copy
of the statistics required to be made available under paragraph (1)(E)
and (1)(F). The Secretary shall--
`(A) regularly review such statistics and report to the Committee on
Education and Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate on campus crime statistics by
September 1, 1995; and
`(B) in coordination with representatives of institutions of higher
education, periodically survey campus security policies, procedures, and
practices implemented by institutions of higher education and disseminate
information concerning those policies, procedures, and practices that have
been proven effective in the reduction of campus crime.
`(4) Nothing in this subsection shall be construed to authorize the Secretary
to require particular policies, procedures, or practices by institutions
of higher education with respect to campus crimes or campus security.
`(5) For purposes of this subsection, the term `campus' includes--
`(A) any building or property owned or controlled by the institution of
higher education within the same reasonably contiguous geographic area and
used by the institution in direct support of, or related to its educational
purposes; or
`(B) any building or property owned or controlled by student organizations
recognized by the institution.
`(6) The statistics required by subparagraphs (E) and (F) of paragraph
(1) shall be compiled in accordance with the definitions used in the
uniform crime reporting system of the Justice Department, Federal Bureau
of Investigation. Such statistics shall reflect modifications in such
definitions as implemented pursuant to the Hate Crime Statistics Act.'.
(c) EFFECTIVE DATES- The amendments made by this section shall take effect
on July 1, 1991, except that the requirement of section 485(f)(1) (E) and
(F) of the Higher Education Act of 1965 (as amended by this Act) shall be
applied to require statistics with respect to school years preceding the
date of enactment of this Act only to the extent that data concerning such
years is reasonably available.

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Section 438(b) of the General Education Provisions Act (20 U.S.C. 1232g(b))
is amended by adding at the end thereof the following new paragraph:
`(6) Nothing in this section shall be construed to prohibit an institution
of postsecondary education from disclosing, to an alleged victim of any
crime of violence (as that term is defined in section 16 of title 18,
United States Code), the results of any disciplinary proceeding conducted
by such institution against the alleged perpetrator of such crime with
respect to such crime.'.
Attest:
Clerk.

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Student Right-To-Know and Campus Security Act

Other Sections

TITLE I

TITLE II

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