[Federal Register Volume 60, Number 23 (Friday, February 3, 1995)]
[Proposed Rules]
[Pages 6940-6944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2777]




[[Page 6939]]

_______________________________________________________________________

Part VII





Department of Education





_______________________________________________________________________



34 CFR Part 668



Student Assistance General Provisions; Proposed Rule

  Federal Register / Vol. 60, No. 23 / Friday, February 3, 1995 / 
Proposed Rules   
[[Page 6940]] 

DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN 1840-AC14


Student Assistance General Provisions

AGENCY: Department of Education.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Secretary proposes to amend the Student Assistance General 
Provisions regulations. These amendments are necessary to implement a 
new requirement in the Higher Education Act of 1965, as amended (HEA), 
recently added by the Improving America's Schools Act of 1994 (IASA). 
The IASA provision, titled the ``Equity in Athletics Disclosure Act 
(EADA),'' requires certain coeducational institutions of higher 
education to prepare--and make available to students, potential 
students, and the public--a report on participation rates, financial 
support, and other information on men's and women's intercollegiate 
athletic programs. These proposed regulations would implement this new 
statutory requirement. The statute requires that the Secretary issue 
final regulations implementing the EADA not later than 180 days 
following enactment. Thus, the statute requires that final regulations 
be issued by April 18, 1995.

DATES: Comments must be received on or before April 4, 1995.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to: Ms. Paula M. Husselmann, U.S. Department of Education, 
600 Independence Avenue, S.W., ROB3, Room 4318, Washington, D.C. 20202-
5346, or to the following internet address: Athletic--D[email protected].
    A copy of any comments that concern information collection 
requirements should also be sent to the Office of Management and Budget 
at the address listed in the Paperwork Reduction Act section of this 
preamble.

FOR FURTHER INFORMATION CONTACT: Ms. Paula Husselmann, U.S. Department 
of Education, 600 Independence Avenue, S.W., ROB3, Room 4318, 
Washington, D.C. 20202-5346. Telephone: (202) 708-7888. Individuals who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The Student Assistance General Provisions 
regulations (34 CFR part 668) apply to all institutions that 
participate in the Title IV, HEA programs. The proposed changes in 
these regulations are necessary to implement changes to the HEA made by 
the Equity in Athletics Disclosure Act (EADA), which was included in 
the Improving America's Schools Act of 1994 (IASA), Pub. L. 103-382, 
enacted on October 20, 1994. The EADA requires that certain 
institutions of higher education disclose--to students, potential 
students, and the public--financial, participation, and other 
information concerning the institutions' women's and men's 
intercollegiate athletic programs. The EADA is a ``sunshine'' law 
designed to make ``prospective students and prospective student 
athletes . . . aware of the commitments of an institution to providing 
equitable athletic opportunities for its men and women students.'' 
(IASA, section 360B(b)(7)) In enacting the EADA, Congress expected that 
``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.'' (IASA, section 360B(b)(8))
    The EADA does not require that this information be submitted to the 
Federal Government. Institutions of higher education that are subject 
to the EADA must make the information available to students, potential 
students, and the public.

Summary of the Proposed Regulations

    The following is a summary of the regulations that the Secretary 
proposes to implement the EADA. The Secretary is interested both in 
ensuring that students and the public receive consistent, useful 
information from institutions of higher education about their 
intercollegiate athletic programs, and in keeping regulatory burden on 
those institutions to the minimum necessary to carry out congressional 
intent. The Secretary is also committed to working with organizations 
that are interested in women's and men's sports in implementing the 
EADA, including development of proposed and final regulations and any 
optional reporting formats. The Secretary began consulting with a 
number of these organizations soon after the law was enacted, and will 
continue to do so in the future.
    The proposed regulations include only the statutory requirements 
contained in the EADA, as described below. The proposed regulations do 
not include any requirements except those imposed by the statute. In 
this summary, the Secretary describes a number of issues that could be 
addressed in regulations or in non-binding guidance and requests 
comments on the following questions:
     Which, if any, of these issues should be addressed in the 
final regulations and how should they be addressed?
     Which issues instead should be addressed in non-binding 
guidance provided by the Department and how should they be addressed?
     Which issues should not be addressed by the Department 
because the statutory language is clear or for other reasons?
     Which other issues should be addressed in the final 
regulations or in non-binding guidance from the Department and how 
should they be addressed?
    1. Institutions of higher education that are subject to the EADA.
    The EADA applies to any coeducational institution of higher 
education (IHE) that participates in a Title IV, HEA program and has an 
intercollegiate athletic program. This statutory provision is set forth 
in proposed Sec. 668.48(a).
    The Secretary interprets ``intercollegiate athletic program'' to 
refer to varsity teams. The term ``varsity'' is also used in the EADA. 
These are the teams that compete at a certain level of play (against 
other IHEs' varsity-level teams). The EADA does not apply to intramural 
teams or to club teams even if such a team plays a limited number of 
intercollegiate games against varsity teams. The Secretary requests 
comments on whether the type or level of financial support by the IHE 
should also be a determinant of whether a team should be considered a 
varsity team under the EADA.
    The Secretary interprets the term ``coeducational'' to refer to the 
composition of an IHE's undergraduate student body. Thus, if an IHE has 
undergraduate students of only one gender, the EADA would not apply to 
the IHE's intercollegiate athletic program.
    2. Annual report.
    The EADA requires that an institution subject to this law shall 
annually, for the immediately preceding academic year, prepare a report 
that contains certain information regarding intercollegiate athletics. 
The EADA specifies the information that must be included in the report. 
The statutory reporting requirement is in proposed Sec. 668.48(b).
    3. Full-time male and female undergraduates.
    The report must include the number of male and female full-time 
[[Page 6941]] undergraduates that attended the institution for the 
immediately preceding academic year. (Proposed Sec. 668.48(b)(1))
    The terms ``academic year'' and ``full-time student'' are defined 
in the Student Assistance General Provisions (34 CFR 668.2(b)). For the 
definition of ``full-time student,'' see 59 FR 22419, published on 
April 29, 1994. For the definition of ``academic year,'' see 59 FR 
61178, published on November 29, 1994. The Secretary could apply these 
definitions to the EADA regulations and requests comments on whether to 
use (1) these definitions, (2) other definitions, or (3) no 
definitions. In particular, should the definition of ``academic year,'' 
which does not refer to a 12-month period, apply? The Secretary 
believes that the categories of information required to be reported by 
the EADA should be with respect to a 12-month period, but requests 
comments on this issue.
    The Secretary also requests comments on whether the term 
``undergraduate'' should be defined, and, if so, how.
    4. Participants on varsity teams.
    The report must include--for the immediately preceding academic 
year--a listing of the varsity teams that competed in intercollegiate 
athletic competition and--for each team--the total number of 
participants, by team, as of the day of the first scheduled contest for 
the team. (Proposed Sec. 668.48(b)(2)(i))
    The Secretary requests comments on who should be included and who 
should be excluded as team ``participants'' under the EADA. For 
example, since ``red-shirted'' players typically practice with a team 
and receive athletically-related financial aid, should they be included 
as ``participants?''
    5. Operating expenses.
    The report must include--for the immediately preceding academic 
year--the total operating expenses attributable to each varsity team. 
The EADA defines ``operating expenses'' to mean expenditures on lodging 
and meals, transportation, officials, uniforms, and equipment. In 
addition to reporting total operating expenses for each team, an 
institution may also report those expenses on a per capita basis for 
each team. An institution may report combined expenditures attributable 
to closely related teams--such as track and field or swimming and 
diving. Any such combinations must be reported separately for men's and 
women's teams. (Proposed Sec. 668.48(b)(2)(ii))
    The Secretary interprets the EADA to include expenses for both home 
and away games and training sessions, including lodging and meals. The 
Secretary also believes that ``total operating expenses'' should 
include the expenses incurred by a team during an entire year, not just 
those incurred during the sports season of a team. The Secretary 
interprets the statute to exclude any categories of expenses that are 
not specifically listed in the law. The Secretary is interested in 
comments on which expenses should or should not be included under each 
of the statutory categories (lodging and meals, transportation, 
officials, uniforms, and equipment).
    6. Head coaches and assistant coaches.
    The institution must indicate in its report--for the immediately 
preceding academic year--whether the head coach for each varsity team 
was male or female and whether the head coach was assigned to that team 
on a full-time or part-time basis. The EADA requires that the 
institution consider graduate assistants and volunteers who served as 
head coaches to be head coaches for the purposes of this requirement. 
The institution must also indicate, for each team, the number of 
assistant coaches who were male and the number of assistant coaches who 
were female and whether a particular coach was assigned to that team on 
a full-time or part-time basis. As with head coaches, the EADA requires 
the institution to consider graduate assistants and volunteers who 
served as assistant coaches to be assistant coaches for the purposes of 
this requirement. (Proposed Sec. 668.48(b)(2)(iii) and (iv))
    7. Total amount of athletically related student aid.
    The report must include--for the immediately preceding academic 
year--the total amount of money spent on athletically related student 
aid, including the value of waivers of educational expenses, separately 
for men's and women's teams overall. (Proposed Sec. 668.48(b)(3))
    The Secretary interprets this provision of the statute to require 
that the IHE report two totals--one total for men's teams and one total 
for women's teams.
    The term ``athletically related student aid'' is defined in section 
485(e)(8) of the HEA to mean any scholarship, grant, or other form of 
financial assistance, the terms of which require the recipient to 
participate in a program of intercollegiate athletics at an IHE in 
order to receive that assistance. This definition does not apply 
automatically to the EADA, which is in subsection (g) of section 485. 
However, the Secretary believes that the definition in subsection 
(e)(8) would provide useful guidance for the purposes of the EADA and 
that having a single definition would promote clarity and consistency 
in the administration of these statutes. Thus, the Secretary proposes 
that the definition in subsection (e)(8) be made applicable to the 
EADA. The Secretary requests comments on whether ``athletically related 
student aid'' should also include scholarships to students who are on 
medical waivers (who therefore are not currently participating on the 
team) or who continue to receive athletically related aid after they 
cease to participate on a team for which they had been awarded that 
aid.
    8. Ratio of aid to male and female athletes.
    The report must give--for the immediately preceding academic year--
the ratio of athletically related student aid awarded male athletes to 
athletically related student aid awarded female athletes. (Proposed 
Sec. 668.48(b)(4))
    The Secretary interprets this provision to require an IHE to 
calculate a ratio of the total of athletically related student aid 
awarded male athletes to the total of athletically related student aid 
awarded female athletes.
    9. Expenditures on recruiting.
    The report must include--for the immediately preceding academic 
year--the total amount of expenditures on recruiting, separately for 
men's and women's teams overall. (Proposed Sec. 668.48(b)(5))
    The Secretary interprets this provision of the statute to require 
that the IHE report two totals--one total for men's teams and one total 
for women's teams.
    The Secretary requests comments on whether a definition of 
``expenditures on recruiting'' is necessary, and, if so, which 
expenditures should or should not be included in the report as 
``expenditures on recruiting.''
    10. Total annual revenues.
    The report must include--for the immediately preceding academic 
year--the total annual revenues generated across all men's teams and 
across all women's teams. In addition, an institution may report those 
revenues by individual team. (Proposed Sec. 668.48(b)(6))
    The Secretary interprets this provision of the statute to require 
that the IHE report two totals--one total for men's teams and one total 
for women's teams. The Secretary interprets the term ``total annual 
revenues'' to mean gross income, since there is no indication in the 
EADA that Congress intended anything less than that amount.
    Under section 487(a)(18) of the HEA, IHEs are currently required to 
make an annual compilation of revenues and expenses attributable to 
``football, men's [[Page 6942]] basketball, women's basketball, all 
other men's sports combined, and all other women's sports combined 
[with respect to the institution's] intercollegiate athletics 
activities.'' The revenues and expenses to be calculated for this 
purpose are set forth in section 487(a)(18)(B) (i) and (ii) (20 U.S.C. 
1094(a)(18)(B) (i) and (ii)). The Department's regulations implementing 
these statutory requirements are in 34 CFR 668.14 (d) and (e) (59 FR 
22427-22428, published April 29, 1994). The specific definition of 
``operating expenses'' in the EADA precludes using the definition of 
``expenses'' in section 487 and the Department's regulations. However, 
the Secretary will consider the extent to which the definition of 
``revenue'' in these provisions should be used in deciding what should 
be included in ``total annual revenues'' under the EADA.
    The Secretary requests comments on whether the EADA regulations 
should adopt a definition of ``total annual revenues'' that is 
different from the definition of ``revenue'' in Sec. 668.14, and, if 
so, what specific sources of income should or should not be included in 
``total annual revenues.''
    11. Coaches' and assistant coaches' salaries.
    The report must include--for the immediately preceding academic 
year--the average annual institutional salary of the head coaches of 
men's teams, across all offered sports, and the average annual 
institutional salary of the head coaches of women's teams, across all 
offered sports. If a head coach had responsibilities for more than one 
team and the institution does not allocate that coach's salary by team, 
the EADA states that the institution should divide the salary by the 
number of teams for which the coach had responsibility and allocate the 
salary among the teams on a basis consistent with the coach's 
responsibilities for the different teams. The report must also include 
the average annual institutional salary of the assistant coaches of 
men's teams, across all offered sports, and the average annual 
institutional salary of the assistant coaches of women's teams, across 
all offered sports. (Proposed Sec. 668.48(b) (7) and (8))
    The Secretary interprets ``across all offered sports'' to mean a 
single average for all men's sports in the aggregate and a single 
average for all women's sports in the aggregate.
    The Secretary requests comments on what types of compensation 
should be included in a coach's or assistant coach's ``salary'' to 
provide an accurate picture of relative compensation. For example, 
should ``salary'' include bonuses or other monetary benefits?
    The Secretary also requests comments on the determination of an 
average annual institutional salary if unpaid volunteers serve as head 
coaches or assistant coaches. Consistent with the provisions in the 
EADA that volunteers serving as part-time or full-time coaches or 
assistant coaches should be counted as such, the Secretary believes 
that their salaries (or lack thereof) should be reflected in the 
average annual institutional salaries calculated by the IHE. The 
Secretary believes that unpaid volunteer coaches and assistant coaches 
could be included in these computations with a designated salary of 
zero dollars. However, the Secretary requests comments as to whether 
the report should instead simply include the number of unpaid 
volunteers who served as coaches and assistant coaches without 
including them in the computation of average annual institutional 
salaries.
    Because the EADA states that an IHE ``should'' allocate a coach's 
salary if he or she coaches more than one team, the Secretary believes 
that the statute requires that an IHE shall do the allocation, and the 
proposed regulations so provide.
    12. General issues.
    The Secretary believes that coeducational teams should be reflected 
in the IHE's report, and requests comments on how this could be done 
most accurately and with minimal burden, particularly under the EADA 
provisions that ask for information separately for ``men's and women's 
teams.'' For example, the salary for a head coach of a coeducational 
team could be prorated according to how many members of the team are 
male and how many are female.
    Some expenses, revenues, and salaries may be attributable to more 
than one activity. In general, the Secretary believes that an IHE 
should prorate these figures in a reasonable manner and to indicate in 
the report how the figures were calculated, so that students, potential 
students, and the public will understand the basis for the 
calculations. If a faculty or staff member also coaches, the IHE should 
make a reasonable determination of how much of the professor's salary 
is attributable to his or her coaching duties. If a women's team and a 
men's team share transportation to competitions held at the same site, 
the transportation expense should be prorated according to the relative 
number of female and male athletes who share the transportation. Are 
there other situations where proration would be necessary to develop 
the information required by the EADA? What guidance should the 
Secretary offer to assist schools in making the prorations in a 
consistent manner that allows for comparisons among schools? What 
burdens would be imposed on IHEs in prorating expenses, revenues, or 
salaries?
    In calculating and reporting expenses, revenues, and salaries, the 
Secretary interprets the EADA to require IHEs to use actual amounts 
expended or earned during the immediately preceding academic year, not 
budgeted or estimated amounts. The Secretary requests comments on any 
burdens that would be imposed on schools in meeting an October 1 
deadline and in using actual data.
    The EADA requires that the information in the annual report be for 
the immediately preceding academic year. How can this requirement be 
made to work for an IHE whose fiscal year is not the same as its 
academic year?
    As noted above, certain definitions in 34 CFR Part 668, the Student 
Assistance General Provisions (SAGP), could apply to these regulations. 
The SAGP also contains other regulations that are pertinent to the 
EADA, including recordkeeping requirements in Sec. 668.23 and the 
enforcement and appeal provisions in Subparts G and H of Part 668. 
Under section 443 of the General Education Provisions Act (20 U.S.C. 
1232f), as amended by the IASA, records under the EADA generally will 
have to be maintained by an IHE for three years.
    Under the Student Right-to-Know Act (20 U.S.C. 1092(a)(5)), the 
Secretary is required to permit an IHE that is a member of an athletic 
association or athletic conference that has voluntarily published data, 
or has agreed to publish data, that the Secretary considers 
substantially comparable to the information required under the Act, to 
use that data to satisfy the requirements of the Act. The Secretary 
requests comment on whether a similar provision should be included in 
the EADA regulations.
    13. Format for the report.
    The Secretary believes that the information in IHEs' reports under 
the EADA should be as consistent as possible to assist students, 
potential students, and the public understand and use that information. 
The Secretary is also aware that differences exist among 
intercollegiate athletic programs. Given these factors, the Department 
is considering development of an optional model format that IHEs could 
use for the annual report required by the EADA. Such a format would be 
based on and developed in consultation with athletic 
[[Page 6943]] conferences, schools, and groups interested in women's 
and men's sports. Should such a form be developed and made available? 
Can one format be used by all of the types of IHEs that will be subject 
to the law, or will a small number of different formats be necessary? 
If the latter, on what basis should institutions be differentiated?
    Do any of the categories of information required by the EADA simply 
not apply to some IHEs? If so, how should regulations, non-regulatory 
guidance, or a model format address this situation?
    14. Disclosure to students and the public.
    The EADA requires that an institution of higher education subject 
to the Act shall make available to students and potential students, 
upon request, and to the public, the information contained in the 
report. The institution shall inform all students of their right to 
request that information. The Act requires that each institution make 
available its first report not later than October 1, 1996. These 
statutory provisions are set forth in proposed Sec. 668.41(e).
    Each IHE must make its first report available by October 1, 1996. 
The Secretary believes that October 1 also should be the deadline for 
subsequent annual reports, and would best meet the needs of IHEs, 
students, and potential students.
    The Secretary believes it is particularly important that students, 
potential students, and parents have easy and timely access to the 
information in this report. How should an IHE give notice to each of 
these groups that the report is available? How should the IHE make the 
information accessible to students, potential students, and the public? 
The Secretary does not believe that students or potential students 
should be charged for copies of the report but is sensitive to the 
possible financial burden on IHEs and requests comments on this matter. 
Also, should an IHE be allowed to charge the public for copies of the 
report?

Executive Order 12866

1. Assessment of Costs and Benefits

    These proposed regulations have been reviewed in accordance with 
Executive Order 12866. Under the terms of the order the Secretary has 
assessed the potential costs and benefits of the regulatory action. The 
potential costs associated with the proposed regulations are those 
resulting from statutory requirements. Burdens specifically associated 
with information collection requirements are identified and explained 
elsewhere in this preamble under the heading Paperwork Reduction Act of 
1980.
    To assist the Department in complying with the specific 
requirements of Executive Order 12866, the Secretary invites comment on 
how the final regulations should be written to minimize potential costs 
or to increase potential benefits resulting from these proposed 
regulations consistent with the purposes of the EADA.

2. Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand.
    The Secretary invites comments on how to make these regulations 
easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the regulations clearly stated? 
(2) Do the regulations contain technical terms or other wording that 
interferes with their clarity? (3) Does the format of the regulations 
(grouping and order of sections, use of headings, paragraphing, etc.) 
aid or reduce their clarity? Would the regulations be easier to 
understand if they were divided into more (but shorter) sections? (A 
``section'' is preceded by the symbol ``Sec. '' and a numbered heading; 
for example, Sec. 668.48 Report on athletic program participation rates 
and financial support data.) (4) Is the description of the proposed 
regulations in the ``Supplementary Information'' section of this 
preamble helpful in understanding the proposed regulations? How could 
this description be more helpful in making the proposed regulations 
easier to understand? (5) What else could the Department do to make the 
regulations easier to understand?
    A copy of any comments that concern how the Department could make 
these proposed regulations easier to understand should be sent to 
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of 
Education, 600 Independence Avenue, S.W. (Room 5121, FB-10), 
Washington, D.C. 20202-2241.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities. The small entities that would be affected by these 
regulations are small coeducational institutions of higher education 
that participate in Title IV, HEA programs and that have 
intercollegiate athletic programs. However, the regulations would not 
have a significant economic impact on these small entities because the 
regulations would not impose excessive regulatory burdens or require 
unnecessary Federal supervision. The proposed regulations would not 
impose any requirements except the statutory requirements in the EADA.

Paperwork Reduction Act of 1980

    Section 668.48 contains information collection requirements. As 
required by the Paperwork Reduction Act of 1980, the Department of 
Education will submit a copy of these sections to the Office of 
Management and Budget (OMB) for its review. (44 U.S.C. 3504(h))
    Educational institutions that are public or nonprofit institutions 
or businesses or other for-profit institutions may participate in the 
Title IV, HEA programs. IHEs will need and use the information required 
by these regulations to meet the disclosure requirements of the EADA.
    Annual public reporting and recordkeeping burden contained in the 
collection of information proposed in these regulations is estimated to 
be 18,000 hours, including the time for searching existing data sources 
and gathering and maintaining the data needed.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, Room 3002, New Executive 
Office Building, Washington, D.C. 20503; Attention: Daniel J. Chenok.

Invitation To Comment

    Interested persons are invited to submit comments and 
recommendations regarding these proposed regulations.
    All comments submitted in response to these proposed regulations 
will be available for public inspection, during and after the comment 
period, in Room 4318, Regional Office Building 3, 7th and D Streets, 
S.W., Washington, D.C., between the hours of 8:30 a.m. and 4:00 p.m., 
Monday through Friday of each week except Federal holidays.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether the 
proposed regulations in this document would require transmission of 
information that is being gathered by or is available from any other 
agency or authority of the United States.

List of Subjects in 34 CFR Part 668

    Administrative practice and procedure, Colleges and universities, 
Consumer protection, Education, Grant [[Page 6944]] programs--
education, Loan programs--education, Reporting and recordkeeping 
requirements, Student aid.

    Dated: January 26, 1995.
Richard W. Riley,
Secretary of Education.

(Catalog of Federal Domestic Assistance Numbers: 84.007 Federal 
Supplemental Educational Opportunity Grant Program; 84.032 Federal 
Stafford Loan Program; 84.032 Federal PLUS Program; 84.032 Federal 
Supplemental Loans for Students Program; 84.033 Federal Work-Study 
Program; 84.038 Federal Perkins Loan Program; 84.063 Federal Pell 
Grant Program; 84.069 State Student Incentive Grant Program; 84.268 
Federal Direct Student Loan Program; and 84.272 National Early 
Intervention Scholarship and Partnership Program. Catalog of Federal 
Domestic Assistance Number for the Presidential Access Scholarship 
Program has not been assigned.)

    The Secretary proposes to amend Part 668 of Title 34 of the Code of 
Federal Regulations as follows:

PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS

    1. The authority citation for Part 668 is revised to read as 
follows:

    Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099c, and 
1141, unless otherwise noted.

    2. Section 668.41 is amended by revising the heading, removing and 
reserving paragraphs (a) and (b), reserving paragraphs (c) and (d), and 
adding a new paragraph (e), to read as follows:


Sec. 668.41  Reporting and disclosure of information.

    (a)-(d) [Reserved]
    (e)(1)(i) An institution of higher education subject to Sec. 668.48 
shall make available to students and potential students, upon request, 
and to the public, the information contained in the report described in 
Sec. 668.48(b).
    (ii) The institution shall inform all students of their right to 
request that information.
    (2) Each institution shall make available its first report under 
Sec. 668.48 not later than October 1, 1996.

(Authority: 20 U.S.C. 1092(g)(3), (5))

    3. Section 668.48 is added to subpart D to read as follows:


Sec. 668.48  Report on athletic program participation rates and 
financial support data.

    (a) Applicability. This section applies to each coeducational 
institution of higher education that--
    (1) Participates in any Title IV, HEA program; and
    (2) Has an intercollegiate athletic program.
    (b) Report. An institution subject to this section shall annually, 
for the immediately preceding academic year, prepare a report that 
contains the following information regarding intercollegiate athletics:
    (1) The number of male and female full-time undergraduates that 
attended the institution.
    (2) A listing of the varsity teams that competed in intercollegiate 
athletic competition and for each team the following data:
    (i) The total number of participants, by team, as of the day of the 
first scheduled contest for the team.
    (ii) Total operating expenses attributable to those teams. For the 
purposes of this section, the term ``operating expenses'' means 
expenditures on lodging and meals, transportation, officials, uniforms 
and equipment. An institution--
    (A) Also may report those expenses on a per capita basis for each 
team; and
    (B) May report combined expenditures attributable to closely 
related teams--such as track and field or swimming and diving. Those 
combinations must be reported separately for men's and women's teams.
    (iii) (A) Whether the head coach was male or female and whether the 
head coach was assigned to that team on a full-time or part-time basis.
    (B) The institution shall consider graduate assistants and 
volunteers who served as head coaches to be head coaches for the 
purposes of this report.
    (iv)(A) The number of assistant coaches who were male and the 
number of assistant coaches who were female for each team and whether a 
particular coach was assigned to that team on a full-time or part-time 
basis.
    (B) The institution shall consider graduate assistants and 
volunteers who served as assistant coaches to be assistant coaches for 
the purposes of this report.
    (3) The total amount of money spent on athletically related student 
aid, including the value of waivers of educational expenses, separately 
for men's and women's teams overall.
    (4) The ratio of--
    (i) Athletically related student aid awarded male athletes; to
    (ii) Athletically related student aid awarded female athletes.
    (5) The total amount of expenditures on recruiting, separately for 
men's and women's teams overall.
    (6) The total annual revenues generated across all men's teams and 
across all women's teams. An institution may also report those revenues 
by individual team.
    (7)(i) The average annual institutional salary of the head coaches 
of men's teams, across all offered sports, and the average annual 
institutional salary of the head coaches of women's teams, across all 
offered sports.
    (ii) If a head coach had responsibilities for more than one team 
and the institution does not allocate that coach's salary by team, the 
institution shall divide the salary by the number of teams for which 
the coach had responsibility and allocate the salary among the teams on 
a basis consistent with the coach's responsibilities for the different 
teams.
    (8) The average annual institutional salary of the assistant 
coaches of men's teams, across all offered sports, and the average 
annual institutional salary of the assistant coaches of women's teams, 
across all offered sports.

(Authority: 20 U.S.C. 1092(g)(1), (2), (4))

[FR Doc. 95-2777 Filed 2-2-95; 8:45 am]
BILLING CODE 4000-01-P