[Congressional Record Volume 143, Number 85 (Wednesday, June 18, 1997)]
[Senate]
[Pages S5930-S5932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MOSELEY-BRAUN (for herself, Ms. Snowe, Mr. Kennedy and Ms. 
        Mikulski):
  S. 933. A bill to amend section 485(g) of the Higher Education Act of 
1965 to make information regarding men's and women's athletic programs 
at institutions of higher education easily available to prospective 
students and prospective student athletes; to the Committee on Labor 
and Human Resources.


                           The Fair Play Act

  Ms. MOSELEY-BRAUN. Mr. President, I rise today to introduce the Fair 
Play Act, legislation that builds upon the extraordinary success of 
title IX of the Education Amendments of 1972 and promotes the continued 
expansion of athletic opportunities available to women at institutions 
of higher education. I want to thank my colleague from Maine, Senator 
Snowe, my colleague from Massachusetts, Senator Kennedy, and my 
colleague from Maryland, Senator Mikulski, for their help in writing 
this bill.
  Twenty-five years ago, President Nixon signed title IX into law and 
ushered in a new era of opportunity for American women and girls. Prior 
to the enactment of title IX, fewer than 32,000 women competed in 
intercollegiate athletics, women received only 2 percent of schools' 
athletic budgets, and athletic scholarships for women were practically 
nonexistent.
  Today, because of title IX, more than 110,000 women compete in 
intercollegiate athletics and women account for 37 percent of college 
varsity athletes. Last year at the 1996 Olympic games, American women 
won gold medals in basketball, soccer, softball, swimming, track and 
field, gymnastics, and other sports. This Saturday, the first season of 
the WNBA will debut on network television, and it is my understanding 
that advertisers have already filled every minute of commercial time 
for the entire WNBA season. Without title IX, none of this would have 
been possible. From the professional level to intercollegiate 
competition to local high school soccer fields, women's athletics have 
captured the hearts and attention of millions of Americans.
  But the athletic opportunities created by title IX have contributed 
more than just winning teams and great female athletes. We all know 
that sports promotes better physical health. Science has shown us, 
however, that female athletes also have better mental health, emotional 
health, self-confidence, discipline, and higher academic achievement. 
Female athletes are more likely to go to and stay in college than their 
nonathletic peers. Female athletes are less likely to drop out of 
school, and are more likely to achieve higher marks in their academic 
classes. Athletics are an integral part of education and health, for 
men as well as for women.
  In addition, the addition of women's varsity sports at colleges and 
universities has led to the creation of women's athletic scholarships. 
These scholarships translate directly into opportunities to go to 
college. Indeed, in this era when the cost of college is rising three 
times as fast as household income, athletic scholarships can literally 
mean the difference between going to college and not going to college. 
Title IX has brought these opportunities within reach of millions of 
American girls and women.
  Despite the extraordinary success of title IX, however, there remains 
a significant gap between the athletic opportunities available to 
college-age women and men. While women represent 53 percent of 
students, they make up only 37 percent of student athletes. According 
to a recent NCAA study, female college athletes receive only 23 percent 
of athletic operating budgets, 38 percent of athletic scholarship 
dollars, and 27 percent of the money spent to recruit new athletes. The 
President's Council on Physical Fitness recently noted, ``The face of 
sex discrimination in athletics has changed. It [is] often no longer 
the purposeful exclusion of the past, but a collection of more subtle 
inequities that could be explained away by a lack of resources.''

  The fact is, most colleges and universities do not provide their 
female students with athletic opportunities comparable to those they 
offer to their male students. According to a recent USA Today survey of 
NCAA division I-A schools, only 9 percent of the 303 schools surveyed 
have roughly proportionate numbers of female and male athletes.
  Title IX does not, in fact, as some people believe, require schools 
to devote half their athletic resources to women, or equalize the 
number of male and female athletes. Title IX does require, however, 
that colleges at least make a continued effort to expand their 
athletics programs to fully accommodate the interests of both sexes. In 
order to monitor this progress and title IX compliance, colleges and 
universities are required to collect information about their men's and 
women's athletic programs, including participation rates, operating and 
recruitment budgets, the availability of scholarships, revenues 
generated from athletic programs, and coaches' salaries, and are 
required to make this information available upon request. There is not, 
however, any mechanism for the collection and distribution of this 
important information, and the Department of Education does not have 
ready access to all of this information to assist in its enforcement of 
title IX.
  The Fair Play Act directs colleges and universities to send this 
information, which they already compile annually, to the Department of 
Education. The bill therefore imposes no additional burden on colleges 
and universities. The bill directs the Department to issue an annual 
report and make the information available through a variety of 
mechanisms, including the Department's World Wide Web site and a toll-
free number people to provide easy access to the information reported 
by schools, as well as information about title IX.
  The Fair Play Act will provide prospective students and prospective 
student athletes with the kind of information they need to make 
informed decisions about where to go to school. It will give the 
Department of Education valuable information it needs to aid its 
enforcement of title IX in the area of athletics, and it will encourage 
schools to continue to expand the athletic programs to meet the 
interests of women nationwide. This legislation is the logical next 
step in the continuing effort to expand athletic opportunities 
available to women.
  Over its 25 year history, title IX has been directly responsible for 
expanding the athletic opportunities available to millions of women and 
girls. The Fair Play Act will build on this legacy of success, and 
provide the information needed to ensure that the expansion of athletic 
opportunities available to women continues into the 21st century.
  I urge all of my colleagues to join us today sponsoring this 
legislation and ask unanimous consent that a summary and the text of 
the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 933

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair Play Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) June 23, 1997, marks the 25th anniversary of the 
     signing of title IX of the Education Amendments of 1972 (20 
     U.S.C. 1681 et

[[Page S5931]]

     seq.) into law, and on that day communities across the United 
     States will honor the tremendous difference such title IX has 
     made to women and girls in our Nation.
       (2) Since enactment in 1972, such title IX has played a 
     vital role in expanding the athletic opportunities available 
     to American girls and women.
       (3) Prior to the enactment of such title IX, fewer than 
     32,000 women competed in intercollegiate athletics, women 
     received only 2 percent of schools' athletic budgets, and 
     athletic scholarships for women were practically nonexistent.
       (4) In 1997, more than 110,000 women competed in 
     intercollegiate sports, and women account for 37 percent of 
     college varsity athletes.
       (5) While such title IX has been very successful, a 
     significant gap remains between the athletic opportunities 
     available to men and the athletic opportunities available to 
     women.
       (6) According to a 1997 study by the National Collegiate 
     Athletic Association, female college athletes receive only 23 
     percent of athletic operating budgets, 38 percent of athletic 
     scholarship dollars, and 27 percent of the money spent to 
     recruit new athletes.
       (7) While women represent 53 percent of the students 
     attending institutions of higher education, women comprise 
     only 37 percent of the athletes attending institutions of 
     higher education.
       (8) There is substantial evidence that women and girls who 
     participate in athletics have better physical and emotional 
     health than women and girls who do not participate, and that 
     participation in athletics can improve academic achievement.
       (9) Easily accessible information regarding the 
     expenditures of institutions of higher education for women's 
     and men's athletic programs will help prospective students 
     and prospective student athletes make informed judgments 
     about the commitment of a given institution of higher 
     education to providing athletic opportunities to male and 
     female students attending the institution.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to make information regarding men's and women's 
     athletic programs at institutions of higher education easily 
     available to prospective students and prospective student 
     athletes; and
       (2) to increase the athletic opportunities available to 
     women at institutions of higher education.

     SEC. 4. INFORMATION AVAILABILITY.

       Section 485(g) of the Higher Education Act of 1965 (20 
     U.S.C. 1092(g)) is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Submission; report; information availability.--(A) 
     Each institution of higher education described in paragraph 
     (1) shall provide to the Secretary, within 15 days of the 
     date that the institution makes available the report under 
     paragraph (1), the information contained in the report.
       ``(B) The Secretary shall prepare a report regarding the 
     information received under subparagraph (A) for each year by 
     April 1 of the year. The report shall--
       ``(i) summarize the information and identify trends in the 
     information;
       ``(ii) aggregate the information by divisions of the 
     National Collegiate Athletic Association; and
       ``(iii) contain information on each individual institution 
     of higher education.
       ``(C) The Secretary shall ensure that the report described 
     in subparagraph (B) is made available on the Internet within 
     a reasonable period of time.
       ``(D) The Secretary shall establish, within a reasonable 
     period of time, a toll-free telephone service--
       ``(i) to provide the public with information regarding 
     reports described in subparagraph (B);
       ``(ii) to provide the public with information regarding the 
     information received under subparagraph (A); and
       ``(iii) to respond to inquiries from the public regarding 
     the provisions of title IX of the Education Amendments of 
     1972.
       ``(E) The Secretary shall use the information provided by 
     institutions of higher education under paragraph (1) to 
     ensure compliance with title IX of the Education Amendments 
     of 1972.
       ``(F) The Secretary shall notify, not later than 180 days 
     after the date of enactment of this paragraph, all secondary 
     schools in all States regarding the availability of the 
     information reported under subparagraph (B) and the 
     information made available under paragraph (1), and how such 
     information may be accessed.
                                                                    ____


                      Summary of the Fair Play Act


                                Purpose

       The Fair Play Act will provide students with valuable 
     information about men's and women's athletics programs at 
     institutions of higher education, help the Department of 
     Education enforce title IX in the area of athletics, and 
     encourage schools to continue the expansion of athletic 
     opportunities available to women.


                               Background

       While title IX of the Education Amendments of 1972 has 
     succeeded in greatly expanding the athletic opportunities 
     available to women, there remains a significant gap between 
     the athletic opportunities available to men and women. Women 
     represent 53 percent of students, yet they make up only 37 
     percent of college varsity athletes and receive only 23 
     percent of athletic operating budgets.
       Under section 485(g) of the Higher Education Act of 1965, 
     colleges and universities are required to compile information 
     about their men's and women's athletic programs, including 
     participation rates, operating and recruitment budgets, the 
     availability of scholarships, revenues generated from 
     athletic programs, and coaches' salaries. They are required 
     to update this information annually and make it available 
     upon request. Because there is no repository for this 
     information, however, it is difficult to obtain and evaluate 
     or put into context.


                             Fair Play Act

       The Fair Play Act directs colleges and universities to send 
     this information to the Department of Education, and directs 
     the Department to disseminate the information through a 
     variety of mechanisms.
       (1) Annual Report--The bill directs the Department to issue 
     an annual report containing the information reported by 
     colleges and universities, including aggregate data, trends, 
     information arranged by athletic conference, and information 
     on individual schools.
       (2) World Wide Web--The bill directs the Department to make 
     this report available on its World Wide Web site, increasing 
     its accessibility and saving publication costs.
       (3) Toll-Free Number--The bill directs the Department to 
     establish a toll-free number through which people could 
     request the information reported by schools, the annual 
     report, or other information about title IX of the Education 
     Amendments of 1972.
       (4) Notification of High Schools--The bill directs the 
     Department to notify high schools of the availability of this 
     information.

  Mr. KENNEDY. Mr. President, I am honored to join Senator Moseley-
Braun and Senator Snowe as an original cosponsor of the Fair Play Act 
of 1997. Our goal is to ensure that women applying to college have the 
information they need to make decisions about sports opportunities at 
their colleges. This information will also enable the Department of 
Education to do a better job of enforcing title IX of the Education 
Amendments of 1972, which prohibits discrimination in college sports 
programs.
  We've made progress in the quarter century since title IX became law. 
But we can do better.
  Nancy Hogshead is an outstanding example of what we can accomplish. 
After suffering a great tragedy, she used sports to heal her body and 
spirit. That determination led to several Olympic medals, and Nancy 
gives title IX the credit for her success.
  Many other women have excelled because title IX opened the door to 
opportunity. Who can forget the final home run that clinched the gold 
medal for the women's softball team? Or the medal-winning efforts of 
the women's soccer team--so many stars of that team were college 
athletes. And, each of us watched in awe as Kerry Strug landed her 
vault on one foot to secure a gold medal for the women's gymnastics 
team.
  And we will do even better in the years ahead by ensuring that more 
young women in colleges in communities through across the country will 
have the opportunity they deserve to participate in sports.
  Title IX is an essential part of our civil rights laws. But, it is 
often undermined by those who still believe that women and girls should 
be spectators in the grandstand, not participants on the playing field. 
From the school gym to the Olympic stadium, if genuinely equal 
opportunities are available, women will take advantage of them and 
excel. And wherever they go from college, whatever their career, the 
lessons they learn in sports will serve them all their lives.
  That is why this legislation is so important. The Fair Play Act of 
1997 provides students interested in sports with the information they 
need about the colleges and universities they will attend. As a result, 
more and more schools will take greater steps more rapidly to provide 
equal opportunities. And the Department of Education will have greater 
ability to assure full compliance with the law.
  The Department of Education relies on many factors to determine 
whether colleges and universities are meeting the standards. But 
additional information will help to identify problems sooner and lead 
to their earlier resolution.
  I look forward to working closely my colleagues in the Senate and the 
House to see that this legislation becomes law. Equal opportunity women 
in sports is an achievable goal. We know

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we can do a better job on this important issue, and now is the time to 
start doing it.
                                 ______