[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Proposed Rules]
[Pages 43582-43597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20603]



[[Page 43581]]

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Part IX





Department of Education





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34 CFR Part 668



Student Assistance General Provisions; Proposed Rule

  Federal Register / Vol. 64, No. 153 / Tuesday, August 10, 1999 / 
Proposed Rules  

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DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN 1845-AA03


Student Assistance General Provisions

AGENCY: Department of Education.

ACTION: Notice of proposed rulemaking.

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SUMMARY: These proposed regulations would govern the disclosure of 
institutional and financial assistance information provided to students 
under the student financial assistance programs under Title IV of the 
Higher Education Act of 1965, as amended (Title IV). These programs 
include the Federal Pell Grant Program, the campus-based programs 
(Federal Perkins Loan, Federal Work-Study (FWS), and Federal 
Supplemental Educational Opportunity Grant (FSEOG) programs), the 
William D. Ford Federal Direct Loan (Direct Loan) Program, the Federal 
Family Education Loan (FFEL) Program, and the Leveraging Educational 
Assistance Partnership (LEAP) Program (formerly called the State 
Student Incentive Grant (SSIG) Program). The proposed regulations 
implement changes made to the Higher Education Act of 1965, as amended 
(HEA), by the Higher Education Amendments of 1998 (1998 Amendments).

DATES: We must receive your comments on or before September 15, 1999.

ADDRESSES: Address all comments about these proposed regulations to 
Paula Husselmann, U.S. Department of Education, P.O. Box 23272, 
Washington, DC 20026-3272. If you prefer to send your comments through 
the Internet, use the following address: [email protected]
    If you want to comment on the information collection requirements, 
you must send your comments to the Office of Management and Budget at 
the address listed in the Paperwork Reduction Act section of this 
preamble. You may also send a copy of these comments to the Department 
representative named in this section.

FOR FURTHER INFORMATION CONTACT: Paula Husselmann or Lloyd Horwich. 
Telephone (202) 708-8242. If you use a telecommunications device for 
the deaf (TDD), you may call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact persons listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION:

Invitation To Comment

    We invite you to submit comments regarding these proposed 
regulations. To ensure that your comments have maximum effect in 
developing the final regulations, we urge you to identify clearly the 
specific section or sections of the proposed regulations that each of 
your comments addresses and to arrange your comments in the same order 
as the proposed regulations.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these proposed 
regulations. Please let us know of any further opportunities we should 
take to reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations at Regional Office Building 
3, 7th and D Streets, SW, Room 3045, Washington, DC, between the hours 
of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday of each 
week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed regulations. If you want to 
schedule an appointment for this type of aid, you can call (202) 205-
8113 or (202) 260-9895. If you use a TDD, you may call the Federal 
Information Relay Service at 1-800-877-8339.

General

    These proposed regulations would revise the current Student 
Assistance General Provisions, 34 CFR part 668, concerning the 
disclosure of institutional and financial assistance information to 
students under the financial assistance programs authorized under Title 
IV. The revisions implement the Higher Education Amendments of 1998, 
Public Law 105-244, enacted October 7, 1998.

Negotiated Rulemaking Process

    Section 492 of the HEA requires that, before publishing any 
proposed regulations to implement programs under Title IV of the Act, 
the Secretary obtain public involvement in the development of the 
proposed regulations. After obtaining advice and recommendations, the 
Secretary must conduct a negotiated rulemaking process to develop the 
proposed regulations. All published proposed regulations must conform 
to agreements resulting from the negotiated rulemaking process unless 
the Secretary reopens the negotiated rulemaking process or provides a 
written explanation to the participants in that process why the 
Secretary has decided to depart from the agreements.
    To obtain public involvement in the development of the proposed 
regulations, we published a notice in the Federal Register (63 FR 
59922, November 6, 1998) requesting advice and recommendations from 
interested parties concerning what regulations were necessary to 
implement Title IV of the HEA. We also invited advice and 
recommendations concerning which regulated issues should be subjected 
to a negotiated rulemaking process. We further requested advice and 
recommendations concerning ways to prioritize the numerous issues in 
Title IV, in order to meet statutory deadlines. Additionally, we 
requested advice and recommendations concerning how to conduct the 
negotiated rulemaking process, given the time available and the number 
of regulations that needed to be developed.
    In addition to soliciting written comments, we held three public 
hearings and several informal meetings to give interested parties an 
opportunity to share advice and recommendations with the Department. 
The hearings were held in Washington, D.C., Chicago, and Los Angeles, 
and we posted transcripts of those hearings to the Department's 
Information for Financial Aid Professionals website (http://
ifap.ed.gov).
    We then published a second notice in the Federal Register (63 FR 
71206, December 23, 1998) to announce the Department's intention to 
establish four negotiated rulemaking committees to draft proposed 
regulations implementing Title IV of the HEA. The notice announced the 
organizations or groups believed to represent the interests that should 
participate in the negotiated rulemaking process and announced that the 
Department would select participants for the process from nominees of 
those organizations or groups. We requested nominations for additional 
participants from anyone who believed that the organizations or groups 
listed did not adequately represent the list of interests outlined in 
section 492 of the HEA. Once the four committees were established, they 
met to develop proposed regulations over

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the course of several months, beginning in January.
    The proposed regulations contained in this notice of proposed 
rulemaking (NPRM) reflect the final consensus of Committee IV. 
Committee IV was made up of the following members:

American Association of Collegiate Registrars and Admissions 
Officers
American Association of Community Colleges
American Association of Cosmetology Schools
American Association of State Colleges and Universities
American Council on Education
Association of American Universities
Association of Jesuit Colleges and Universities
Career College Association
Council for Higher Education Accreditation
Council of Recognized National Accrediting Agencies
Council for Regional Accrediting Commissions
Education Finance Council
Legal Services Counsel (a coalition)
National Association of College and University Business Officers
National Association of Equal Opportunity in Higher Education
National Association of Independent Colleges and Universities
National Association of State Student Grant and Aid
Programs/National Council of Higher Education Loan Programs (a 
coalition)
National Association of State Universities and Land-Grant Colleges
National Association of Student Financial Aid Administrators
National Direct Student Loan Coalition
National Women's Law Center
State Higher Education Executive Officers Association
The College Board
The College Fund/United Negro College Fund
United States Department of Education
United States Student Association
US Public Interest Research Group

    The following organizations were members of the committee for the 
purpose of developing proposed regulations relating to the reporting of 
campus crime only:

American Psychological Association
International Association of Campus Law Enforcement Administrators
International Association of Chiefs of Police
Security on Campus, Inc. (C. & H. Clery)
Society of Professional Journalists

    As stated in the committee protocols, consensus means that there 
must be no dissent by any member in order for the committee to be 
considered to have reached agreement. Consensus was reached on all of 
the proposed regulations in this document.

Subpart D--Student Consumer Information Services

    The proposed regulations would (1) retitle Subpart D as 
Institutional and Financial Assistance Information for Students, to 
conform the title to that of section 485 of the HEA, and (2) renumber 
the sections.
    The proposed regulations would remove current Sec. 668.42 and 
incorporate it into proposed Sec. 668.41. Therefore, the proposed 
regulations would renumber current Secs. 668.43-668.49 as Secs. 668.42-
668.48. The headings in this section for proposed Secs. 668.43-668.48 
reflect the proposed renumbering. There is no discussion of proposed 
Sec. 668.42 (current Sec. 668.43), because there is no proposed change 
other than the renumbering.

Section 668.41  Reporting and Disclosure of Information

    Prior to the 1998 Amendments, section 485(a) of the HEA required an 
institution to provide specified information about the institution and 
its administration of the Title IV, HEA programs to all current 
students, and upon request to prospective students. The 1998 Amendments 
provided that, instead of providing the information to current 
students, an institution must provide current students a list of the 
information to which they are entitled. The 1998 Amendments did not 
affect an institution's responsibility concerning prospective students.
    The proposed regulations would amend Sec. 668.41 to comply with the 
changes made to the HEA by the 1998 Amendments, to make the information 
disclosure process more understandable and less burdensome to 
institutions, and to make the information more accessible to students, 
parents, employees, and other interested parties. These proposed 
regulations would move definitions from the various sections under 
Subpart D and consolidate them into Sec. 668.41. In addition, these 
proposed regulations repeat many existing provisions for which no 
changes are proposed, but which are included to provide context for the 
proposed changes. These changes are discussed in the following 
paragraphs.
    As stated previously, the 1998 Amendments require an institution to 
provide each enrolled student with a list of the various information 
that the institution must provide, upon request, to the student. 
Proposed Sec. 668.41(c) implements this requirement. Proposed 
Sec. 668.41(c) would require an institution to include with the list a 
brief description of the required disclosures. The description should 
be sufficient to allow the student to understand the nature of the 
disclosure and make an informed decision whether to request the full 
disclosure. The following is an example of such a description:

    A copy of [name of institution]'s annual security report. This 
report includes statistics for the previous three years concerning 
reported crimes that occurred on campus; in certain off-campus 
buildings or property owned or controlled by [name of institution]; 
and on public property within, or immediately adjacent to and 
accessible from, the campus. The report also includes institutional 
policies concerning campus security, such as policies concerning 
alcohol and drug use, crime prevention, the reporting of crimes, 
sexual assault, and other matters. You can obtain a copy of this 
report by contacting [name of office] or by accessing the following 
website [address of website].

    The proposed regulations would group together an institution's 
reporting and disclosure obligations, what must be disclosed, and to 
whom the disclosure must be made. These proposed regulations also would 
allow an institution to use the Internet or, for current students and 
current employees, an Intranet website, to make most of the required 
disclosures under Subpart D. The committee thought that use of the 
Internet or an Intranet would benefit institutions by reducing their 
publication costs and benefit individuals interested in the information 
by making the information more accessible.
    However, an institution could not rely on the Internet or an 
Intranet to disclose to a prospective student-athlete and his or her 
parents the graduation or completion rate information and, if 
applicable, transfer-out rate information, required under Sec. 668.48. 
The HEA requires an institution to provide this information to a 
student and the student's parents at the time the institution offers 
the student athletically related student aid.
    The Secretary believes that because Congress singled out this group 
of prospective students and identified a student-specific time when the 
institution must make the disclosure, it would be inappropriate to 
allow the institution to use the Internet, a broad distribution medium, 
to disclose the information. Disclosure of this information as a 
posting on the Internet would not ensure that the student and his or 
her parents receive the information at the time the HEA requires. An 
institution may provide the information in paper form or through 
electronic mail.
    An institution that chooses to use an Internet website, or an 
Intranet website, to make a required disclosure would be required to 
provide a notice, to each

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person to whom the institution must disclose information, that the 
required information is available on the website. The proposed 
regulations would require that this notice (1) identify the information 
required to be disclosed, (2) provide the exact electronic website 
address for accessing the information, and (3) state that the person is 
entitled to a paper copy of the information, upon request.
    The proposed regulations also state that a notice must be provided 
directly to each person to whom notice must be given. For example, the 
notice could be a paper document that is handed or mailed to each 
person, or it could be electronically mailed. It would not be 
sufficient for an institution simply to post the notice (as opposed to 
the actual disclosures, which in most cases may be posted on a website) 
on its Internet website or to make the notice available at electronic 
information kiosks. The notice requirements would also apply to the 
list of information that the 1998 Amendments require an institution to 
provide to all enrolled students.
    Where an institution must make a disclosure upon request, it may 
not require that the request be in writing. The Secretary believes that 
requiring an otherwise properly directed request to be made in writing 
runs counter to the purpose of ensuring easy access to the information 
that must be disclosed.

Section 668.42  Preparation and Dissemination of Materials

    The proposed regulations would remove current Sec. 668.42 and 
incorporate it into proposed Sec. 668.41, as discussed.

Section 668.43  Institutional Information

    The statute requires and, therefore these proposed regulations 
require, that an institution disclose the requirements for a student's 
officially withdrawing from the institution. This proposed regulatory 
provision also makes other minor wording changes.

Section 668.45  Information on Completion or Graduation Rates

    The proposed regulations would amend provisions relating to an 
institution's disclosure of its completion or graduation rate and, if 
applicable, transfer-out rate to comply with changes made to the HEA by 
the 1998 Amendments and by Public Law 105-18, the 1997 Emergency 
Supplemental Appropriations Act for Recovery from Natural Disasters, 
and for Overseas Peacekeeping Efforts, Including Those in Bosnia.
    An institution will continue to be able to comply with all 
requirements concerning disclosure of its completion or graduation 
rate, and if applicable, transfer-out rate, by completing the National 
Center for Education Statistics' Graduation Rate Survey (GRS).

Cohort Changes

    These proposed regulations incorporate changes made by Section 
60001 of Public Law 105-18 which changed the beginning of the required 
cohort period used to calculate an institution's completion/graduation 
rate and, if applicable, transfer-out rate. This change requires an 
institution to establish a cohort beginning September 1 of each year, 
instead of July 1 of each year. The new cohort for calculating these 
rates is for students who enter an institution on or after September 1, 
1998. The Secretary informed institutions of these changes in a June 
1998 Dear Colleague Letter (GEN-98-11). An institution that established 
cohorts beginning on September 1 for students who entered the 
institution between September 1, 1996 and August 31, 1998 for purposes 
of the GRS survey may continue to report rates based on those cohorts.

Transfer-Out Rate

    The proposed regulations implement the new statutory provisions 
pertaining to students who transfer from one institution to another. 
Under current regulations, an institution must disclose a transfer-out 
rate for students who subsequently enroll in any program of an eligible 
institution for which the program of the prior institution provided 
substantial preparation. This requirement has applied equally to 
institutions such as community colleges that prepare students in 
significant numbers for transfer to other institutions, as well as to 
traditional four-year institutions that have only a small, incidental 
number of transfers.
    Under proposed Sec. 668.45(a)(2), a transfer-out rate would be 
required only of institutions that determine that their mission 
includes providing substantial preparation for their students to 
transfer-out, such as community colleges. The proposed regulations 
would allow an institution to determine for itself if it provides 
substantial preparation for its students for transfer to a program at 
another eligible institution. Substantial preparation does not include 
preparation for a student to enroll in a graduate or professional 
program after the student completes an undergraduate program. The 
Secretary anticipates that the required transfer-out rate will not 
apply to most four-year institutions, although any institution may 
disclose a transfer-out rate pursuant to proposed Sec. 668.45(f)(3).

Disclosure Date

    Under current regulations, an institution is required to disclose 
its completion/graduation and transfer-out rates no later than January 
1 following 150% of the normal time for completion/graduation from its 
programs. For example, an institution that offers four-year programs 
only, must disclose its rates for a cohort of students no later than 
the January 1 following six years from the date that the cohort began 
the program. The 1998 Amendments changed the disclosure date from 
January 1 to July 1 for any rate that an institution discloses on or 
after October 1, 1998, regardless of when the institution established 
the cohort.

Establishing the Cohort

    Under current regulations, an institution that does not operate on 
a term basis must include in the cohort any first-time, full-time, 
certificate or degree-seeking student who attended at least one day of 
class. In an effort to achieve greater consistency between term and 
non-term institutions, for programs less than or equal to one academic 
year in length, the proposed regulations would include in the cohort 
only students who attend at least fifteen days of class. For programs 
that are longer than one academic year, the proposed regulations would 
include in the cohort only students who attend at least thirty days of 
class. The Secretary requests comments on whether these proposed 
timeframes are appropriate, in light of their potential impact on the 
completion or graduation and transfer-out rates.

Optional Disclosures

    Current regulations provide that an institution may disclose a 
separate completion/graduation rate for students who transfer into the 
institution. Pursuant to the 1998 Amendments, the proposed regulations 
would give institutions the option of disclosing two additional rates. 
The first optional rate is a completion/graduation and transfer-out 
rate of students who have left school for the following reasons: to 
serve in the Armed Forces, to serve on official church missions, to 
serve with a foreign aid service of the Federal Government (e.g., the 
Peace Corps), because they are totally and permanently disabled, or 
because they are deceased. The second optional rate is a transfer-out 
rate even when the institution's mission does not include providing 
substantial preparation for its students to enroll in a program at 
another eligible institution.

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Section 668.46  Institutional Security Policies and Crime Statistics

    The proposed regulations would amend requirements relating to an 
institution's disclosure of its annual security report to current and 
prospective students and employees to comply with changes made by the 
1998 Amendments and to improve the administration of the campus 
security regulations. The Secretary also proposes to reorganize this 
section so that the various requirements are more clearly presented.

Definitions--Sec. 668.46(a)

    Business day. The proposed regulations would define a business day 
to mean Monday through Friday, excluding any day when the institution 
is closed. The 1998 Amendments require an institution that has a campus 
police or campus security department to establish a crime log and to 
enter or update information in the crime log within two business days 
after the campus police or campus security department receives the 
information.
    Campus, noncampus building or property, and public property. The 
1998 Amendments revised the definition of a campus and added 
definitions of noncampus building or property and public property for 
an institution to follow in complying with the campus security 
requirements. The proposed regulations would reflect those changes. 
Previously, the HEA defined campus to mean property owned or controlled 
by the institution within the same reasonably contiguous geographic 
area and used by the institution for its educational purposes, as well 
as any property owned or controlled by a student organization 
recognized by the institution, or any property owned by a third-party 
but controlled by the institution.
    a. Campus. The first part of the proposed definition of ``campus'' 
remains the same: property owned or controlled by the institution 
within the same reasonably contiguous geographic area and used by the 
institution for its educational purposes. However, the new definition 
specifically includes residence halls. The second part of the proposed 
definition is property that is within or reasonably contiguous to the 
area described in the first part of the definition, that is owned by 
the institution and controlled by another person, that is frequently 
used by students, and that supports institutional purposes such as a 
food or other retail vendor.
    b. Noncampus building or property. The first part of the definition 
of ``noncampus building or property'' is not significantly different 
from what is in the current regulatory definition of campus: any 
building or property owned or controlled by a student organization 
recognized by the institution. The proposed regulations would define 
recognition to mean official recognition because it may be difficult 
for an institution to know about organizations that it does not 
officially recognize. The second part of the definition is a building 
or property owned or controlled by the institution that is used in 
direct support of, or in relation to, the institution's educational 
purposes, is frequently used by students, and is not within the same 
reasonably contiguous geographic area of the institution. Under this 
provision, an institution would pay particular attention to whether 
students frequently use the site to determine if a location qualifies 
as a noncampus building or property site for campus security purposes. 
If students do not frequently use a site, the proposed regulations 
would exclude that site from noncampus buildings or property. For 
example, if students do not frequently go to a cooperative extension 
site of a land-grant institution, the institution would not consider 
that site a noncampus building or property.
    c. Public property. The 1998 Amendments require the reporting of 
crime statistics on public property as part of an institution's annual 
security report. The proposed regulations would define public property 
to be all public property, including thoroughfares, streets, sidewalks, 
and parking facilities, that is within the campus or immediately 
adjacent to and accessible from the campus. This definition reflects 
statutory changes and the committee's agreement that public property be 
limited to property accessible from the campus. The definition would 
not require an institution to include in its annual security report 
statistics of crimes committed on, for example, highways that are 
adjacent to the campus, but which are separated from the campus by a 
fence or other man-made barrier.
    Campus security authority. These proposed regulations would modify 
the definition of a ``campus security authority'' in the current 
regulations. Under current regulations, this definition serves to 
identify which campus officials are responsible for making timely 
warning reports. The proposed definition would also apply to the 
statistical reporting requirements.
    The proposed definition would include (1) a campus police 
department or a campus security department of an institution 
(previously a campus law enforcement unit), (2) an individual who has 
responsibility for campus security, but who is not part of a campus 
police department or a campus security department (for example, a 
person who only monitors the entrance to institutional property), (3) 
any individual specified by the institution to receive reports of 
offenses, and (4) any official of the institution who has significant 
responsibility for student and campus activities, such as student 
housing, student discipline, and campus judicial proceedings.
    Current regulations exclude persons with significant counseling 
responsibilities from the definition of a ``campus security 
authority.'' The proposed regulations would exclude only pastoral 
counselors and professional counselors. The committee agreed to propose 
this change to ensure that crime victims and others have full access to 
the services of pastoral and professional counselors, but also to avoid 
situations where an expansive definition of counselor might be used to 
evade statistical reporting. These regulations propose to define a 
``pastoral counselor'' as an employee of an institution who is 
associated with a religious order or denomination, is recognized by 
that religious order or denomination as someone who provides 
confidential counseling, and is functioning within the scope of that 
recognition as a pastoral counselor. The proposed regulations would 
define a ``professional counselor'' as an employee of an institution 
whose official responsibilities include providing psychological 
counseling to members of the institution's community and who is 
functioning within the scope of his or her license or certification. 
The Secretary requests comments on these proposed exclusions from the 
definition of a campus security authority.
    The proposed regulations would include as a campus security 
authority, for purposes of reporting crime statistics in the 
institution's annual security report, an individual who has 
responsibility for campus security but who does not constitute a campus 
police department (for example, an access monitor who checks student 
identification at a building entrance). However, since this individual 
is separately defined from a campus police department, this individual 
would not be responsible for maintaining a crime log under proposed 
Sec. 668.46(f).
    Referred for campus disciplinary action. The 1998 Amendments 
require an institution to disclose in its crime statistics the number 
of persons referred for campus disciplinary action for

[[Page 43586]]

liquor-law, drug-law, and weapons possession violations. The proposed 
regulations would define the term ``referred for campus disciplinary 
action'' to mean the referral of any student to any campus official who 
initiates a disciplinary action of which a record is kept and which may 
result in the imposition of a sanction.

Annual Security Report--Sec. 668.46(b)

    The current regulations list various categories of information and 
required disclosures that an institution must include in the annual 
security report required by Sec. 668.46. In conjunction with the 
proposal described below to exclude professional and pastoral 
counselors from the statistical reporting requirements, these proposed 
regulations would change the annual security report to improve and 
encourage voluntary reporting by students. The proposed regulations 
would include in the list of required disclosures:
     A description of the institution's procedures for 
preparing the annual disclosure of crime statistics. Currently, an 
institution must include a description of its procedures for making 
timely warning reports. The proposed regulations would require that an 
institution also include a description of its procedures for preparing 
the annual disclosure of crime statistics, in recognition of the need 
for students and employees to know when and how the crime statistics 
are gathered and disseminated by an institution.
     A statement that discloses whether the institution has any 
policies or procedures that allow victims or witnesses to report crimes 
on a voluntary, confidential basis, and, if the institution has such a 
policy, a description of the policy and relevant procedures. The 
regulations propose this statement in an effort to encourage the 
voluntary reporting of crime statistics by a victim or witness.
     A statement that discloses whether the institution has a 
policy encouraging pastoral or professional counselors employed by the 
institution, if and when the counselor deems it appropriate, to inform 
the person being counseled of any procedures to report crimes on a 
voluntary, confidential basis for inclusion in the annual disclosure of 
crime statistics. The committee agreed to propose this statement in an 
effort to encourage the reporting of crime statistics. Many negotiators 
felt strongly that the decision whether and when to provide this 
information to the person being counseled must remain entirely within 
the counselor's professional discretion. The Secretary agrees, and 
these proposed regulations would not interfere with that discretion.
     A statement of the institution's policy concerning the 
monitoring and recording (through local police agencies) of criminal 
activity in which students engaged at off-campus locations of student 
organizations officially recognized by an institution.

Change in Statutory Reference

    To conform to the 1998 Amendments, the proposed regulations would 
change the reference in Sec. 668.46(b)(10) from Section 1213 to Section 
120(a)-(d) of the HEA.

Report of Statistics--Sec. 668.46(c)

New Crime Disclosures
    The 1998 Amendments changed the list of crimes that an institution 
must disclose in its annual security report. Current regulations 
require that the statistical report include a murder category; the 1998 
Amendments added an additional category of manslaughter. Under the 
standard definitions used by the Uniform Crime Reporting System (UCR) 
of the Federal Bureau of Investigation (FBI), manslaughter is broken 
into two categories: nonnegligent manslaughter, and negligent 
manslaughter. Under UCR, the former is reported together with murder 
under a single category; negligent manslaughter is separately reported. 
Murder and nonnegligent manslaughter is the willful (nonnegligent) 
killing of one human being by another. Manslaughter by negligence is 
the killing of another person through gross negligence.
    The proposed regulations would incorporate manslaughter into the 
regulations by adding nonnegligent manslaughter to the current murder 
category and adding a new negligent manslaughter category. Collectively 
the two categories would be referred to as ``criminal homicide'' 
consistent with the FBI's definitions.
    The 1998 Amendments also added the category of arson to the crime 
disclosure list. Arson is defined in the UCR as any willful or 
malicious burning or attempt to burn, with or without intent to 
defraud, a dwelling house, public building, motor vehicle or aircraft, 
personal property of another, etc.
    The proposed regulations would amend Appendix E to Part 668 of the 
Student Assistance General Provisions to include the definitions of 
criminal homicide and arson, as provided in the UCR.
    Current regulations require an institution to disclose the number 
of arrests for the most recent calendar year for liquor-law, drug-law, 
and weapons possession violations. The 1998 Amendments changed the 
period for which these violations must be disclosed from the most 
recent calendar year to the most recent three calendar years to be 
consistent with the three calendar-year requirement for other crimes. 
The 1998 Amendments also require that institutions disclose not only 
the number of arrests for liquor-law, drug-law, and weapons possessions 
violations, but also the number of persons who were referred for campus 
disciplinary action for these activities. If a student was both 
arrested and referred for campus disciplinary action for the same 
violation, the proposed regulations would require that the institution 
report the statistic only under arrests.
Hate Crime Disclosure
    Current regulations require an institution to disclose the number 
of hate crimes only among the statistics it reports for murder, 
forcible rape, and aggravated assault. A hate crime is one in which the 
victim is selected intentionally because of his or her actual or 
perceived race, gender, religion, sexual orientation, ethnicity, or 
disability. The 1998 Amendments expanded the hate crime disclosure 
requirements. The 1998 Amendments require an institution to disclose, 
by category of prejudice, the number of hate crimes among:
    (1) all the crimes that it is required to report (excluding arrests 
for and persons referred for campus disciplinary action for liquor-law, 
drug-law, or weapons-law violations); and
    (2) any other crimes involving bodily injury reported to a local 
police agency or a campus security authority.
    The proposed regulations would implement that change, and would 
require that an institution use the UCR standard of evidence of 
prejudice to assist in determining if a hate crime occurred. Under this 
standard, an incident must manifest evidence that the perpetrator 
selected the victim on the basis of prejudice in order to be considered 
a hate crime.
Disclosure of Location of Crime
    The 1998 Amendments require an institution to provide a geographic 
breakdown for the required crime statistics according to the following 
categories: (1) On campus, (2) noncampus building or property, (3) 
public property, and (4) dormitories or other residential facilities 
for students on campus. The proposed regulations would incorporate 
these categories and clarify that the dormitory and residential 
facility category is a subset of the campus category.

[[Page 43587]]

How a Crime Is Recorded
    Currently, the Secretary requires an institution to report a crime 
statistic for the calendar year in which the crime occurred. The 
proposed regulations do not address this matter specifically. In 
response to discussions during negotiated rulemaking, the Secretary 
requests comments as to whether the final regulations should require an 
institution to report a crime statistic for the calendar year in which 
the crime was reported to the institution, rather than for the calendar 
year in which it occurred.
Protecting Identity
    The proposed regulations include the provision of the 1998 
Amendments that specifically prohibits an institution from identifying 
the victim or the alleged perpetrator of the crime in the institution's 
disclosure of its crime statistics.
Time Period for Statistics and Transition to New Requirements
    The HEA requires an institution to disclose the previous three 
calendar years' crime statistics for the required statistical 
disclosures. For example, an institution must include in its annual 
security report for 1999, crime statistics for calendar years 1996, 
1997, and 1998. As discussed under the sections titled ``New crime 
disclosures,'' ``Hate crime disclosure,'' and ``Disclosure of location 
of crime,'' the 1998 Amendments changed the required statistical 
disclosures and the geographic areas for which the statistics must be 
reported; the changes were effective October 1, 1998.
    Because the HEA requires the statistical disclosures to be reported 
on a calendar-year basis, the Secretary interprets the HEA to require 
that the changes concerning the collection and disclosure of crime 
statistics take effect at the beginning of the calendar year 
immediately following passage of the 1998 Amendments. Therefore, an 
institution must begin collecting statistics using the new categories, 
effective for calendar year 1999. An institution's 2000 report--which 
will include statistics for calendar years 1997, 1998, and 1999--must 
include statistics for calendar year 1999 using the new categories. An 
institution may continue to report statistics for calendar years 1997 
and 1998 using the previously applicable categories, except that an 
institution may use the new categories for 1997 and 1998 if it wants to 
do so.
Access to Counseling
    The proposed regulations would make clear that an institution is 
not required to report statistics relating to crimes that are reported 
to a pastoral counselor or a professional counselor who is functioning 
within the scope of his or her license or certification. These 
regulations are proposed in response to the counseling community's 
strongly held belief, expressed during the negotiated rulemaking 
sessions, that required reporting from counselors has had a chilling 
effect on victims and others' seeking counseling, particularly where 
counselors felt compelled under their professional ethical codes to 
notify individuals of the reporting requirement.
    The proposed rule agreed to by the committee is intended to ensure 
that crime victims and others are not deterred from seeking appropriate 
psychological or pastoral care. The committee was of the opinion that 
the proposed changes to the regulation would encourage other 
confidential reporting options so that statistical data can be obtained 
without infringing on the individual's expectation of confidentiality.
Compilation of Crimes
    Under existing regulations, an institution must use the definitions 
of crimes provided by the UCR System and the Hate Crime Collection 
Guidelines published by the FBI. For the application of these 
definitions and classification of crime, an institution may use either 
the UCR Reporting Handbook or the UCR Reporting Handbook: National 
Incident-Based Reporting System (NIBRS) EDITION, except in determining 
how to report a single incident involving multiple criminal offenses. 
If an institution reports a crime involving multiple offenses, the 
institution must use the UCR Reporting Handbook, including the FBI's 
Hierarchy Rule.
Use of a Map
    The proposed regulations would add a provision to encourage an 
institution to use a map to aid in the disclosure of its crime 
statistics. The purpose of a map is to clearly depict and disclose the 
areas for which the institution will be reporting crime statistics; 
that is, its campus, noncampus buildings or property, and public 
property. If an institution chooses to use a map to depict these areas, 
the institution may limit its reporting of crime statistics to crimes 
committed in those areas, as long as the map accurately depicts these 
areas as defined by regulation. If an institution has separate campuses 
and chooses to use a map to depict the appropriate geographic areas, 
the proposed regulations would require that the institution use 
separate maps for separate campuses.
Obtaining Statistics From Local and State Police Agencies
    The Secretary proposes to clarify that an institution may rely on 
statistical information supplied by local and State police agencies, as 
long as the institution makes a reasonable, good faith effort to obtain 
these statistics. The Secretary encourages an institution to document 
its efforts to obtain these data, including its success or lack of 
success in obtaining the data.
Disclosure Date for Annual Security Report
    The committee agreed to change the date by which an institution 
must disclose its annual security report from September 1 to October 1 
of each year because many institutions do not begin fall enrollment 
until after September 1.

Timely Warning--Sec. 668.46(e)

    The 1998 Amendments did not change the requirement that an 
institution make a timely warning report to the campus community when a 
crime that the institution considers to be a threat to students and 
employees is reported to a campus security authority or a local police 
agency. Proposed Sec. 668.46(a) would broaden the definition of a 
campus security authority, by excluding only pastoral counselors and 
professional counselors as defined in the regulation, as opposed to the 
current exclusion of any individual with significant counseling 
responsibilities. Therefore, the timely warning requirement still would 
not apply for crimes reported to pastoral and professional counselors. 
However, the timely warning requirement would apply for crimes reported 
to any campus security authority, including those who have significant 
counseling responsibilities but are not a pastoral or professional 
counselor.

Crime Log Requirements--Sec. 668.46(f)

    The 1998 Amendments introduced a requirement that an institution 
with a campus police or campus security department of any kind maintain 
a daily, written crime log of any crime reported to that department 
that occurred on campus, in or on a noncampus building or property, or 
on public property. It is the Secretary's view that this provision 
includes an institution that contracts out its security

[[Page 43588]]

services. The institution must make this log available for public 
inspection.
    Entries into the crime log must include the nature, date, time, and 
general location of each crime, and the disposition of the complaint, 
if known. The log must be written and easily understood. The proposed 
regulations would require that each crime be entered into the log based 
on the date the crime was reported, rather than the date the crime 
occurred. The 1998 Amendments require an institution to make an entry 
or addition to an entry in the log within two business days of the 
report of the crime, or the report of additional information, to the 
campus police or campus security department, unless disclosing the 
information is prohibited by law or would jeopardize the 
confidentiality of the victim. The 1998 Amendments also permit an 
institution to withhold crime log information if release of the 
information would jeopardize an ongoing criminal investigation or 
jeopardize the safety of an individual, cause a suspect to flee or 
evade detection, or result in the destruction of evidence. However, 
once the adverse effect of disclosing the crime log information is no 
longer likely to occur, the institution must disclose the information. 
The Secretary wishes to emphasize that an institution may withhold only 
the specific information that would have an adverse effect described 
previously; an institution may not automatically withhold all of the 
log information relating to such a crime. The proposed regulations 
would permit an institution to archive crime log information after 60 
days, as long as the institution makes archived material available for 
public inspection within two business days of a request. The committee 
recognizes that some institutions are already required by State law to 
maintain a crime log; the proposal does not require maintenance of a 
separate Federal log. An institution may use a State log to comply with 
the requirements of these regulations, as long as that log includes all 
of the information and procedures required under this proposal.
Report to the Secretary
    The 1998 Amendments require each institution to submit annually the 
statistical section of its security report to the Secretary. The 
Secretary will make a form available to institutions for the reporting 
of this information and will notify institutions when and how to submit 
their crime statistics. There is no requirement that an institution 
submit statistical information in the institution's crime log to the 
Secretary.
Recordkeeping Requirements
    Section 668.24 of the Student Assistance General Provisions 
provides the recordkeeping requirements for an institution to 
administer the student financial assistance programs under Title IV of 
the HEA. Generally, an institution must retain records for three years.
    An institution is required to maintain campus security records to 
document the information it must include in its annual security report, 
which must include information covering the previous three calendar 
years. An institution must keep campus security records for three years 
following the last year the information is included in its annual 
security report.
    For example, an institution must include campus security 
information for the 1997 calendar year in its 1998, 1999, and 2000 
annual security reports. Under proposed Sec. 668.41(e), the report must 
be distributed annually by October 1. Therefore, an institution would 
be required to maintain its 1997 campus security records until October 
1, 2003.

Section 668.47  Report on Athletic Program Participation Rates and 
Financial Support Data

    The 1998 Amendments amended section 485(g) of the HEA (the Equity 
in Athletics Disclosure Act, or EADA) to require institutions to 
disclose additional data about revenues and expenses attributable to 
their intercollegiate athletic activities and to require institutions 
to submit their annual EADA report to the Secretary.
    The proposed regulations would implement the changes made by the 
1998 Amendments and reflect the committee's agreement to provide 
greater specificity in the definitions and in the disclosure 
requirements.
    The primary change to the EADA made by the 1998 Amendments was the 
relocation of disclosure requirements concerning revenues and expenses 
attributable to an institution's intercollegiate athletic activities 
from section 487(a) (Program Participation Agreements), to section 
485(g). In addition, the audit requirement under section 487(a), which 
applied only to institutions that awarded athletically related student 
aid, was repealed by the 1998 Amendments.
    Previously, the EADA required an institution to disclose its 
operating expenses for each varsity team, its combined revenues from 
all men's sports, and its combined revenues from all women's sports. 
The amended statute requires the following additional breakdowns of 
revenues and expenses: (1) total revenues and expenses attributable to 
an institution's intercollegiate athletic activities; and (2) revenues 
and expenses attributable to football, men's basketball, women's 
basketball, all men's sports combined except football and basketball, 
and all women's sports combined except basketball.
    The committee agreed to propose additional clarifications to 
Sec. 668.47. The proposed regulations would include in the definitions 
of revenues and expenses examples of revenues and expenses that would 
be included in an institution's EADA report. The examples would not 
expand the statutory definitions of revenues and expenses. The basis 
for determining whether a revenue or expense should be included in an 
institution's EADA report is simply whether the item was attributable 
to the institution's intercollegiate athletic activities. The examples 
are meant merely to provide guidance on revenues and expenses that 
frequently will be attributable to intercollegiate athletic activities. 
Clarifying language also has been added to the definitions of operating 
expenses and recruiting expenses.
    Several negotiators noted that some individuals have used EADA to 
gauge whether an institution is in compliance with Title IX of the 
Education Amendments of 1972 and that, in some cases a misunderstanding 
of how the EADA dealt with the counting of athletes who participated on 
more than one varsity team caused an institution to appear to be out of 
compliance with the athletic financial aid provisions of Title IX. 
Under Title IX, for purposes of counting participation opportunities 
provided to male and female athletes, an athlete is counted as a 
participant for each sport he or she plays. However, for purposes of 
calculating the equitable distribution of athletic financial aid under 
Title IX, a scholarship athlete who plays on more than one team is 
counted as a participant only once because he or she receives only one 
scholarship.
    Therefore, these proposed regulations would add a requirement that 
in addition to listing the number of participants for each varsity 
team, an institution provide an unduplicated head count of individuals 
who participated on at least one varsity team. The committee believes 
additional reporting requirements should correct the confusion 
concerning the number of individuals participating on varsity teams.
    The Secretary notes that the EADA and Title IX were enacted for 
different, but complementary, purposes. The

[[Page 43589]]

EADA is designed to make students, prospective students, and others 
aware of an institution's participation rates, staffing, and financial 
support for its men's and women's intercollegiate athletic programs. 
Title IX prohibits discrimination based on gender in education 
programs. Title IX does not require identical programs for men and 
women. Therefore, differences between men's and women's athletic 
programs reflected in an institution's EADA report do not necessarily 
reflect that the institution is or is not in compliance with Title IX 
(the Secretary has published Title IX definitions and requirements at 
34 CFR part 106 and 44 FR 71413 (Dec. 11, 1979)).
    The committee agreed to propose a modification of the requirement 
that institutions report whether their head and assistant coaches are 
full-time or part-time. The current regulations require an institution 
to report whether a coach is assigned to a team full-time or part-time. 
The proposed change would require an institution to indicate whether a 
coach is assigned to a team full-time or part-time, and if, part-time, 
whether the coach is a full-time or part-time employee of the 
institution. This change would better enable prospective student 
athletes and others to understand a coach's status.
    For example, the committee noted that most coaches at National 
Collegiate Athletic Association Division III institutions are part-
time. However, many of those coaches are full-time employees of their 
institutions, and therefore are effectively as accessible to their 
student-athletes as are full-time coaches at other institutions. The 
Secretary believes that providing for institutions to provide this 
information would benefit both institutions and students.
    The Secretary does not consider cheerleading a sport for purposes 
of the EADA. To be considered a sport under the EADA, an activity's 
primary purpose must be to engage in intercollegiate competition.

Section 668.48  Report on Completion or Graduation Rates for Student-
Athletes

    Proposed Sec. 668.48 simply reflects the previous discussion of 
transfer-out rates in Sec. 668.45, by indicating that a transfer-out 
rate need only be disclosed by an institution to which the required 
transfer-out rate is applicable (that is, an institution that 
determines that its mission includes providing substantial preparation 
for students to enroll in a program at another eligible institution).
    Section 668.48(a)(1)(ii), (iv) and (vi) requires an institution to 
disclose a completion or graduation rate and, if applicable, a 
transfer-out rate for students in specified cohorts who received 
athletically related student aid. The Secretary wishes to clarify that 
an institution that offers a predominant number of programs based on 
semesters, trimesters, or quarters only must include in the rates 
required by Sec. 668.48(a)(1)(ii), (iv) and (vi) students who received 
athletically-related student aid by October 15 or the end of the 
institution's drop-add period for the relevant academic year.

Executive Order 12866

1. Potential Costs and Benefits

    Under Executive Order 12866, we have assessed the potential costs 
and benefits of this regulatory action.
    The potential costs associated with the proposed regulations are 
those resulting from statutory requirements and those we have 
determined as necessary for administering these programs effectively 
and efficiently. Elsewhere in this SUPPLEMENTARY INFORMATION section we 
identify and explain burdens specifically associated with information 
collection requirements. See the heading Paperwork Reduction Act of 
1995.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this regulatory action, we have determined that the 
benefits would justify the costs.

2. Clarity of the Regulations

    Executive Order 12866 and the President's Memorandum of June 1, 
1998 on ``Plain Language in Government Writing'' require each agency to 
write regulations that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections? (A ``section'' is 
preceded by the symbol ``Sec. '' and a numbered heading; for example, 
Sec. 668.41 Reporting and disclosure of information.)
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    Send any comments that concern how the Department could make these 
proposed regulations easier to understand to the person listed in the 
ADDRESSES section of the preamble.

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. Entities affected by these proposed regulations are 
institutions of higher education that participate in the Title IV, HEA 
programs. These institutions are defined as small entities, according 
to the U.S. Small Business Administration, if they are: for-profit or 
nonprofit entities with total revenue of $5,000,000 or less; or 
entities controlled by governmental entities with populations of 50,000 
or less. These proposed regulations would not impose a significant 
economic impact on a substantial number of small entities. These 
proposed regulations would minimize administrative and regulatory 
burden on institutions by permitting an institution to use Internet or 
Intranet websites to comply with the statutory requirement to make 
campus security information available to current or prospective 
employees and students.
    The Secretary invites comments from small institutions as to 
whether the proposed changes would have a significant economic impact 
on them.

Paperwork Reduction Act of 1995

    Proposed Secs. 668.41, 668.43, 668.45, 668.46, 668.47, and 668.48 
contain information collection requirements. As required by the 
Paperwork Reduction Act of 1995, the Department of Education has 
submitted a copy of these sections to the Office of Management and 
Budget (OMB) for its review.

Collection of Information: Institutional and Financial Assistance 
Information

    These regulations affect the following types of entities eligible 
to participate in the Title IV, HEA programs: Public educational 
institutions, private non-profit educational institutions, and private 
for-profit educational institutions.
    The information to be collected is institutional and financial 
assistance information concerning each institution. Each institution 
annually must make the information available to enrolled and 
prospective students, and must submit certain information to the 
Secretary.

[[Page 43590]]

    Educational institutions that participate in Title IV, HEA programs 
must collect this information to satisfy the requirements for 
participation set forth in section 485 of the HEA. Each institution 
annually must submit to the Secretary the data required by Secs. 668.45 
through 668.48. The Secretary will use these data to prepare reports 
concerning graduation rates, campus crime, and gender equity in 
athletics and will make the data publicly available.
    Annual public reporting and recordkeeping burden is estimated to 
average 3 hours for each response for 8500 respondents, and an 
additional .5 hour for 1800 respondents, for Sec. 668.41; .5 hour for 
each response for 8500 respondents for Sec. 668.43; 20 hours for each 
response for 8500 respondents for Sec. 668.45; 29 hours for each 
response for 8500 respondents for Sec. 668.46; 5.5 hours for each 
response for 1800 respondents for Sec. 668.47; and 20 hours for each 
response for 8500 respondents for Sec. 668.48. These hours include the 
time needed for searching existing data sources, and gathering, 
maintaining, and disclosing the data.
    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 10235, New Executive 
Office Building, Washington, DC 20503; Attention: Desk Officer for U.S. 
Department of Education. You may also send a copy of these comments to 
the Department representative named in the ADDRESSES section of this 
preamble.
    The Department considers comments by the public on these proposed 
collections of information in--
     Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical use;
     Evaluating the accuracy of the Department's estimate of 
the burden of the collection of information are necessary for the 
proper performance of the functions of the Department, including 
whether the information will have practical use;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques, 
or other forms of information technology; e.g., permitting electronic 
submission of responses.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department on the 
proposed regulations.

Intergovernmental Review

    This program is not subject to Executive Order 12372 and the 
regulations in 34 CFR Part 79.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether these 
proposed regulations would require transmission of information that any 
other agency or authority of the United States gathers or makes 
available.

Electronic Access to This Document

    You may view this document in text or Adobe Portable Document 
Format (PDF) on the Internet at the following sites:

http://ocfo.ed.gov/fedreg.htm
http://ifap.ed.gov/csb__html/fedreg.htm
http://www.ed.gov/legislation/HEA/rulemaking/

To use the PDF, you must have the Adobe Acrobat Reader Program with 
Search, which is available free at the first of the previous sites. If 
you have questions about using the PDF, call the U.S. Government 
Printing Office (GPO), toll free, at 1-888-293-6498; or in the 
Washington, DC area, at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html

(Catalog of Federal Domestic Assistance Numbers: 84.007 Federal 
Supplemental Educational Opportunity Grant Program; 84.032 
Consolidation 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 LEAP; and 
84.268 William D. Ford Federal Direct Loan Programs)

List of Subjects in 34 CFR Part 668

    Administrative practice and procedure, Colleges and universities, 
Student aid, Reporting and recordkeeping requirements.

    Dated: August 2, 1999.
Richard W. Riley,
Secretary of Education.

    For the reasons discussed in the preamble, 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, 1094, 1099c and 1141, 
unless otherwise noted.

    2. The title of subpart D is revised to read as follows:

Subpart D--Institutional and Financial Assistance Information for 
Students

    3. Section 668.41 is revised to read as follows:


Sec. 668.41  Reporting and disclosure of information.

    (a) Definitions. The following definitions apply to this subpart:
    Athletically related student aid means any scholarship, grant, or 
other form of financial assistance, offered by an institution, the 
terms of which require the recipient to participate in a program of 
intercollegiate athletics at the institution. Other student aid, of 
which a student-athlete simply happens to be the recipient, is not 
athletically related student aid.
    Certificate or degree-seeking student means a student enrolled in a 
course of credit who is recognized by the institution as seeking a 
degree or certificate.
    First-time freshman student means an entering freshman who has 
never attended any institution of higher education. It includes a 
student enrolled in the fall term who attended a postsecondary 
institution for the first time in the prior summer term, and a student 
who entered with advanced standing (college credit earned before 
graduation from high school).
    Normal time is the amount of time necessary for a student to 
complete all requirements for a degree or certificate according to the 
institution's catalog. This is typically four years for a bachelor's 
degree in a standard term-based institution, two years for an associate 
degree in a standard term-based institution, and the various scheduled 
times for certificate programs.
    Notice means information provided to an individual on a one-to-one 
basis through an appropriate mailing or publication, including direct 
mailing

[[Page 43591]]

through the U.S. Postal Service, campus mail, or electronic mail. 
Posting on an Internet website or an Intranet website does not 
constitute a notice.
    Prospective student means an individual who has contacted an 
eligible institution requesting information concerning admission to 
that institution.
    Undergraduate students, for purposes of Secs. 668.45 and 668.48 
only, means students enrolled in a bachelor's degree program, an 
associate degree program, or a vocational or technical program below 
the baccalaureate.
    (b) Disclosure through Internet or Intranet websites. Subject to 
paragraphs (c)(2)(i) and (ii), (e)(2) and (3), or (g)(1)(ii) of this 
section, as appropriate, an institution may satisfy any disclosure 
requirement under paragraph (d), (e), or (g) of this section for--
    (1) Enrolled students or current employees by posting the 
disclosure on an Internet website or an Intranet website that is 
reasonably accessible to the individuals to whom the disclosure is 
required; and
    (2) Prospective students or prospective employees by posting the 
disclosure on an Internet website.
    (c) Notice to enrolled students. (1) An institution annually must 
distribute to all enrolled students a notice of the availability of the 
information required to be disclosed pursuant to paragraphs (d), (e), 
and (g) of this section, and pursuant to Sec. 99.7. The notice must 
list and briefly describe the disclosures and inform the student how to 
obtain the disclosures.
    (2) An institution that makes a disclosure to enrolled students 
required under paragraph (d), (e), or (g) of this section by posting 
the disclosure on an Internet website or an Intranet website must 
include in the notice described in paragraph (c)(1) of this section--
    (i) The exact electronic address at which that disclosure is 
posted; and
    (ii) A statement that the institution will provide a paper copy of 
that disclosure on request.
    (d) General disclosures for enrolled or prospective students. An 
institution must make available to any enrolled student or prospective 
student, on request, through appropriate publications, mailings or 
electronic media, information concerning--
    (1) Financial assistance available to students enrolled in the 
institution (pursuant to Sec. 668.42);
    (2) The institution (pursuant to Sec. 668.43);
    (3) The institution's completion or graduation rate and, if 
applicable, its transfer-out rate (pursuant to Sec. 668.45). In the 
case of a request from a prospective student, the information must be 
made available prior to the student's enrolling or entering into any 
financial obligation; and
    (4) The terms and conditions under which students receiving Federal 
Family Education Loan or William D. Ford Federal Direct Loan assistance 
may obtain deferral of the repayment of the principal and interest of 
the loan for--
    (i) Service under the Peace Corps Act (22 U.S.C. 2501);
    (ii) Service under the Domestic Volunteer Service Act of 1973 (42 
U.S.C. 4951); or
    (iii) Comparable service as a volunteer for a tax-exempt 
organization of demonstrated effectiveness in the field of community 
service.
    (e) Annual security report. (1) Enrolled students and current 
employees--annual security report. By October 1 of each year, an 
institution must distribute, to all enrolled students and current 
employees, its annual security report described in Sec. 668.46(b), 
through appropriate publications and mailings, including--
    (i) Direct mailing to each individual through the U.S. Postal 
Service, campus mail, or electronic mail;
    (ii) A publication or publications provided directly to each 
individual; or
    (iii) Posting on an Internet website or an Intranet website, 
subject to paragraphs (e)(2) and (3) of this section.
    (2) Enrolled students--annual security report. If an institution 
chooses to distribute its annual security report to enrolled students 
by posting the disclosure on an Internet website or an Intranet 
website, the institution must comply with the requirements of paragraph 
(c)(2) of this section.
    (3) Current employees--annual security report. If an institution 
chooses to distribute its annual security report to current employees 
by posting the disclosure on an Internet website or an Intranet 
website, the institution must, by October 1 of each year, distribute to 
all current employees a notice that includes a statement of the 
report's availability, the exact electronic address at which the report 
is posted, a brief description of the report's contents, and a 
statement that the institution will provide a paper copy of the report 
upon request.
    (4) Prospective students and prospective employees--annual security 
report. The institution must provide a notice to prospective students 
and prospective employees that includes a statement of the report's 
availability, a description of its contents, and an opportunity to 
request a copy. An institution must provide its annual security report, 
upon request, to a prospective student or prospective employee. If the 
institution chooses to provide its annual security report to 
prospective students and prospective employees by posting the 
disclosure on an Internet website, the notice described in this 
paragraph must include the exact electronic address at which the report 
is posted, a brief description of the report, and a statement that the 
institution will provide a paper copy of the report upon request.
    (f) Prospective student-athletes and their parents, high school 
coach and guidance counselor--report on completion or graduation rates 
for student-athletes.
    (1)(i) Except under the circumstances described in paragraph 
(f)(1)(ii) of this section, an institution that is attended by students 
receiving athletically related student aid, when it offers a 
prospective student-athlete athletically related student aid, must 
provide to the prospective student-athlete, and his or her parents, 
high school coach, and guidance counselor, the report produced pursuant 
to Sec. 668.48(a).
    (ii) An institution's responsibility under paragraph (f)(1)(i) of 
this section with reference to a prospective student athlete's high 
school coach and guidance counselor is satisfied if--
    (A) The institution is a member of a national collegiate athletic 
association;
    (B) The association compiles data on behalf of its member 
institutions, which data the Secretary determines are substantially 
comparable to those required by Sec. 668.48(a); and
    (C) The association distributes the compilation to all secondary 
schools in the United States.
    (2) By July 1 of each year, an institution must submit to the 
Secretary the report produced pursuant to Sec. 668.48.
    (g) Enrolled students, prospective students, and the public--report 
on athletic program participation rates and financial support data.
    (1)(i) An institution of higher education subject to Sec. 668.47 
must, not later than October 15 of each year, make available on request 
to enrolled students, prospective students, and the public, the report 
produced pursuant to Sec. 668.47(c). The institution must make the 
report easily accessible to students, prospective students, and the 
public and must provide the report promptly to anyone who requests it.
    (ii) The institution must provide notice to all enrolled students, 
pursuant to paragraph (c)(1) of this section, and prospective students 
of their right to request the report described in paragraph (g)(1) of 
this section. If the institution chooses to make the report

[[Page 43592]]

available by posting the disclosure on an Internet website or an 
Intranet website, it must provide in the notice the exact electronic 
address at which the report is posted, a brief description of the 
report, and a statement that the institution will provide a paper copy 
of the report on request. For prospective students, the institution may 
not use an Intranet website for this purpose.
    (2) An institution must submit the report described in paragraph 
(g)(1)(i) of this section to the Secretary within 15 days of making it 
available to students, prospective students, and the public.

(Authority: 20 U.S.C. 1092)


Sec. 668.42  [Amended]

    4. Section 668.42 is removed, and Secs. 668.43 through 668.49 are 
redesignated as Secs. 668.42 through 668.48, respectively.
    5. Newly redesignated Sec. 668.43 is revised to read as follows:


Sec. 668.43  Institutional information.

    (a) Institutional information that the institution must make 
readily available upon request to enrolled and prospective students 
under this subpart includes, but is not limited to--
    (1) The cost of attending the institution, including--
    (i) Tuition and fees charged to full-time and part-time students;
    (ii) Estimates of costs for necessary books and supplies;
    (iii) Estimates of typical charges for room and board;
    (iv) Estimates of transportation costs for students; and
    (v) Any additional cost of a program in which a student is enrolled 
or expresses a specific interest;
    (2) Any refund policy with which the institution is required to 
comply for the return of unearned tuition and fees or other refundable 
portion of costs paid to the institution;
    (3) The requirements for officially withdrawing from the 
institution;
    (4) A summary of the requirements under Sec. 668.22 for the return 
of title IV grant or loan assistance;
    (5) The academic program of the institution, including--
    (i) The current degree programs and other educational and training 
programs;
    (ii) The instructional, laboratory, and other physical facilities 
which relate to the academic program; and
    (iii) The institution's faculty and other instructional personnel;
    (6) The names of associations, agencies or governmental bodies that 
accredit, approve, or license the institution and its programs and the 
procedures by which documents describing that activity may be reviewed 
under paragraph (b) of this section;
    (7) A description of any special facilities and services available 
to disabled students;
    (8) The titles of persons designated under Sec. 668.44 and 
information regarding how and where those persons may be contacted; and
    (9) A statement that a student's enrollment in a program of study 
abroad approved for credit by the home institution may be considered 
enrollment at the home institution for the purpose of applying for 
assistance under the title IV, HEA programs.
    (b) The institution must make available for review to any enrolled 
or prospective student, upon request, a copy of the documents 
describing the institution's accreditation, approval or licensing.

(Authority: 20 U.S.C. 1092)

    6. Newly redesignated Sec. 668.45 is revised to read as follows:


Sec. 668.45  Information on completion or graduation rates.

    (a)(1) An institution annually must prepare the completion or 
graduation rate of its certificate- or degree-seeking, full-time 
undergraduate students who enter the institution on or after September 
1, 1998, as provided in paragraph (b) of this section.
    (2) An institution that determines that its mission includes 
providing substantial preparation for students to enroll in another 
eligible institution must prepare the transfer-out rate of its 
certificate- or degree-seeking, full-time undergraduate students who 
enter the institution on or after September 1, 1998, as provided in 
paragraph (c) of this section.
    (3)(i) An institution that offers a predominant number of programs 
based on semesters, trimesters, or quarters must base its completion or 
graduation rate and, if applicable, transfer-out rate calculations, on 
the group of certificate- or degree-seeking, full-time undergraduate 
students who enter the institution during the fall term.
    (ii) An institution not covered by the provisions of paragraph 
(a)(3)(i) of this section must base its completion or graduation rate 
and, if applicable, transfer-out rate calculations, on the group of 
certificate -or degree-seeking, full-time undergraduate students who 
enter the institution between September 1 of one year and August 31 of 
the following year.
    (iii) For purposes of the completion or graduation rate and, if 
applicable, transfer-out rate calculations required in paragraph (a) of 
this section, an institution must count as entering students only 
first-time freshman students, as defined in Sec. 668.41(a).
    (4)(i) An institution covered by the provisions of paragraph 
(a)(3)(i) of this section must count as an entering student a first-
time freshman student who is enrolled as of October 15, or the end of 
the institution's drop-add period.
    (ii) An institution covered by paragraph (a)(3)(ii) of this section 
must count as an entering student a first-time freshman student who is 
enrolled for at least--
    (A) 15 days, in a program of up to, and including, one year in 
length; or
    (B) 30 days, in a program of greater than one year in length.
    (5) Beginning with the group of students who enter the institution 
between September 1, 1998 and August 31, 1999, and for groups of 
students who enter during succeeding September 1 through August 31 time 
periods, an institution must make available its completion or 
graduation rate and, if applicable, transfer-out rate, no later than 
the July 1 immediately following the point in time that 150% of the 
normal time for completion or graduation has elapsed for all of the 
students in the group on which the institution bases its completion or 
graduation rate and, if applicable, transfer-out rate calculations.
    (b) In calculating the completion or graduation rate under 
paragraph (a)(1) of this section, an institution must count as 
completed or graduated--
    (1) Students who have completed or graduated within 150% of the 
normal time for completion or graduation from their program; and
    (2) Students who have completed a program described in 
Sec. 668.8(b)(1)(ii), or an equivalent program, within 150% of normal 
time for completion from that program.
    (c) In calculating the transfer-out rate under paragraph (a)(2) of 
this section, an institution must count as transfers-out students who, 
within 150% of the normal time for completion or graduation from the 
program in which they were enrolled, have not completed or graduated 
and subsequently enroll in any program of an eligible institution for 
which its program provides substantial preparation.
    (d) For the purpose of calculating a completion or graduation rate 
and a transfer-out rate, an institution may exclude students who--
    (1) Have left school to serve in the Armed Forces;
    (2) Have left school to serve on official church missions;

[[Page 43593]]

    (3) Have left school to serve with a foreign aid service of the 
Federal Government, such as the Peace Corps;
    (4) Are totally and permanently disabled; or
    (5) Are deceased.
    (e)(1) The Secretary grants a waiver of the requirements of this 
section to any institution that is a member of an athletic association 
or conference that has voluntarily published completion or graduation 
rate data, or has agreed to publish data, that the Secretary determines 
are substantially comparable to the data required by this section.
    (2) An institution that receives a waiver of the requirements of 
this section must still comply with the requirements of 
Sec. 668.41(d)(3) and (f).
    (3) An institution, or athletic association or conference applying 
on behalf of an institution that seeks a waiver under paragraph (e)(1) 
of this section must submit a written application to the Secretary that 
explains why it believes the data the athletic association or 
conference publishes are accurate and substantially comparable to the 
information required by this section.
    (f) In addition to calculating the completion or graduation rate 
required by paragraph (a)(1) of this section, an institution may, but 
is not required to--
    (1) Calculate a completion or graduation rate for students who 
transfer into the institution;
    (2) Calculate a completion or graduation rate and transfer-out rate 
for students described in paragraph (d) of this section; and
    (3) Calculate a transfer-out rate as specified in paragraph (c) of 
this section, if the institution determines that its mission does not 
include providing substantial preparation for its students to enroll in 
another eligible institution.

(Authority: 20 U.S.C. 1092)

    7. Newly redesignated Sec. 668.46 is revised to read as follows:


Sec. 668.46  Institutional security policies and crime statistics.

    (a) Additional definitions that apply to this section.
    Business Day: Monday through Friday, excluding any day when the 
institution is closed.
    Campus: (1) Any building or property owned or controlled by an 
institution within the same reasonably contiguous geographic area and 
used by the institution in direct support of, or in a manner related 
to, the institution's educational purposes, including residence halls; 
and
    (2) Any building or property that is within or reasonably 
contiguous to the area identified in paragraph (1) of this definition, 
that is owned by the institution but controlled by another person, is 
frequently used by students, and supports institutional purposes (such 
as a food or other retail vendor).
    Campus security authority: (1) A campus police department or a 
campus security department of an institution.
    (2) An individual or individuals who have responsibility for campus 
security but who do not constitute a campus police department or a 
campus security department under paragraph (1) of this definition, such 
as an individual who is responsible for monitoring entrance into 
institutional property.
    (3) An individual or organization specified in an institution's 
statement of campus security policy as an individual or organization to 
which students and employees should report criminal offenses.
    (4) An official of an institution who has significant 
responsibility for student and campus activities, including, but not 
limited to, student housing, student discipline, and campus judicial 
proceedings. A pastoral counselor or professional counselor, when 
acting as such, is not considered a campus security authority.
    Noncampus building or property: (1) Any building or property owned 
or controlled by a student organization that is officially recognized 
by the institution; or
    (2) Any building or property owned or controlled by an institution 
that is used in direct support of, or in relation to, the institution's 
educational purposes, is frequently used by students, and is not within 
the same reasonably contiguous geographic area of the institution.
    Pastoral counselor: An employee of an institution who is associated 
with a religious order or denomination, is recognized by that religious 
order or denomination as someone who provides confidential counseling, 
and is functioning within the scope of that recognition as a pastoral 
counselor.
    Professional counselor: An employee of an institution whose 
official responsibilities include providing psychological counseling to 
members of the institution's community and who is functioning within 
the scope of his or her license or certification.
    Prospective employee: An individual who has contacted an 
institution for the purpose of requesting information concerning 
employment with the institution.
    Public property: All public property, including thoroughfares, 
streets, sidewalks, and parking facilities, that is within the campus, 
or immediately adjacent to and accessible from the campus.
    Referred for campus disciplinary action: The referral of any 
student to any campus official who initiates a disciplinary action of 
which a record is kept and which may result in the imposition of a 
sanction.
    (b) Annual Security Report. An institution must prepare an annual 
security report that contains, at a minimum, the following information:
    (1) The crime statistics described in paragraph (c).
    (2) A statement of current campus policies regarding procedures for 
students and others to report criminal actions or other emergencies 
occurring on campus. This statement must include the institution's 
policies concerning its response to these reports, including--
    (i) Policies for making timely warning reports to members of the 
campus community regarding the occurrence of crimes described in 
paragraph (c)(1) of this section;
    (ii) Policies for preparing the annual disclosure of crime 
statistics; and
    (iii) A list of the titles of each person or organization to whom 
students and employees should report the criminal offenses described in 
paragraph (c)(1) of this section for the purpose of making timely 
warning reports and the annual statistical disclosure. This statement 
must also disclose whether the institution has any policies or 
procedures that allow victims or witnesses to report crimes on a 
voluntary, confidential basis for inclusion in the annual disclosure of 
crime statistics, and if so, a description of those policies and 
procedures.
    (3) A statement of current policies concerning security of and 
access to campus facilities, including campus residences, and security 
considerations used in the maintenance of campus facilities.
    (4) A statement of current policies concerning campus law 
enforcement that--
    (i) Addresses the enforcement authority of security personnel, 
including their relationship with State and local police agencies and 
whether those security personnel have the authority to arrest 
individuals;
    (ii) Encourages accurate and prompt reporting of all crimes to the 
campus police and the appropriate police agencies; and
    (iii) Describe procedures, if any, that encourage pastoral 
counselors and professional counselors, if and when they deem it 
appropriate, to inform the persons they are counseling of any 
procedures to report crimes on a voluntary, confidential basis for

[[Page 43594]]

inclusion in the annual disclosure of crime statistics.
    (5) A description of the type and frequency of programs designed to 
inform students and employees about campus security procedures and 
practices and to encourage students and employees to be responsible for 
their own security and the security of others.
    (6) A description of programs designed to inform students and 
employees about the prevention of crimes.
    (7) A statement of policy concerning the monitoring and recording 
through local police agencies of criminal activity in which students 
engaged at off-campus locations of student organizations officially 
recognized by the institution, including student organizations with 
off-campus housing facilities.
    (8) A statement of policy regarding the possession, use, and sale 
of alcoholic beverages and enforcement of State underage drinking laws.
    (9) A statement of policy regarding the possession, use, and sale 
of illegal drugs and enforcement of Federal and State drug laws.
    (10) A description of any drug or alcohol-abuse education programs, 
as required under section 120(a) through (d) of the HEA. For the 
purpose of meeting this requirement, an institution may cross-reference 
the materials the institution uses to comply with section 120(a) 
through (d) of the HEA.
    (11) A statement of policy regarding the institution's campus 
sexual assault programs to prevent sex offenses, and procedures to 
follow when a sex offense occurs. The statement must include--
    (i) A description of educational programs to promote the awareness 
of rape, acquaintance rape, and other forcible and nonforcible sex 
offenses;
    (ii) Procedures students should follow if a sex offense occurs, 
including procedures concerning who should be contacted, the importance 
of preserving evidence for the proof of a criminal offense, and to whom 
the alleged offense should be reported;
    (iii) Information on a student's option to notify appropriate law 
enforcement authorities, including on-campus and local police, and a 
statement that institutional personnel will assist the student in 
notifying these authorities, if the student requests the assistance of 
these personnel;
    (iv) Notification to students of existing on- and off-campus 
counseling, mental health, or other student services for victims of sex 
offenses;
    (v) Notification to students that the institution will change a 
victim's academic and living situations after an alleged sex offense 
and of the options for those changes, if those changes are requested by 
the victim and are reasonably available;
    (vi) Procedures for campus disciplinary action in cases of an 
alleged sex offense, including a clear statement that--
    (A) The accuser and the accused are entitled to the same 
opportunities to have others present during a disciplinary proceeding; 
and
    (B) Both the accuser and the accused must be informed of the 
outcome of any institutional disciplinary proceeding brought alleging a 
sex offense. Compliance with this paragraph does not constitute a 
violation of the Family Educational Rights and Privacy Act (20 U.S.C. 
1232g). For the purpose of this paragraph, the outcome of a 
disciplinary proceeding means only the institution's final 
determination with respect to the alleged sex offense and any sanction 
that is imposed against the accused; and
    (vii) Sanctions the institution may impose following a final 
determination of an institutional disciplinary proceeding regarding 
rape, acquaintance rape, or other forcible or nonforcible sex offenses.
    (c) Crime statistics. (1) Crimes that must be reported. An 
institution must report statistics for the three most recent calendar 
years concerning the occurrence on campus, in or on noncampus buildings 
or property, and on public property of the following offenses reported 
to local police agencies or to a campus security authority:
    (i) Criminal Homicide:
    (A) Murder and Nonnegligent Manslaughter.
    (B) Negligent Manslaughter.
    (ii) Sex Offenses:
    (A) Forcible Sex Offenses.
    (B) Nonforcible Sex Offenses.
    (iii) Robbery.
    (iv) Aggravated assault.
    (v) Burglary.
    (vi) Motor vehicle theft.
    (vii) Arson.
    (viii)(A) Arrests for liquor law violations, drug law violations, 
and illegal weapons possession.
    (B) Persons not included in paragraph (c)(1)(viii)(A) of this 
section, who were referred for campus disciplinary action for liquor 
law violations, drug law violations, and illegal weapons possession.
    (2) Reported Crimes if a Hate Crime: An institution must report, by 
category of prejudice, any crime it reports pursuant to paragraphs 
(c)(1)(i) through (vii) of this section, and any other crime involving 
bodily injury reported to local police agencies or to a campus security 
authority, that manifest evidence that the victim was intentionally 
selected because of the victim's actual or perceived race, gender, 
religion, sexual orientation, ethnicity, or disability.
    (3) Crimes by location. The institution must provide a geographic 
breakdown of the statistics reported under paragraphs (c)(1) and (2) of 
this section according to the following categories:
    (i) On campus.
    (ii) Of the crimes in paragraph (c)(3)(i) of this section, the 
number of crimes that took place in dormitories or other residential 
facilities for students on campus.
    (iii) In or on a noncampus building or property.
    (iv) On public property.
    (4) Identification of the victim. The statistics required under 
paragraphs (c)(1) and (2) of this section may not include the 
identification of the victim or the person accused of committing the 
crime.
    (5) Pastoral and professional counselor. An institution is not 
required to report statistics under paragraphs (c)(1) and (2) of this 
section for crimes reported to a pastoral or professional counselor.
    (6) UCR definitions. An institution must compile the crime 
statistics required under paragraphs (c)(1) and (2) of this section 
using the definitions of crimes provided in Appendix E to this Part, 
and the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) 
Hate Crime Data Collection Guidelines. For further guidance concerning 
the application of definitions and classification of crimes, an 
institution must use either the UCR Reporting Handbook or the UCR 
Reporting Handbook: NIBRS EDITION, except that in determining how to 
report crimes committed in a multiple-offense situation an institution 
must use the UCR Reporting Handbook. Copies of the UCR publications 
referenced in this paragraph are available from: FBI, Communications 
Unit, 1000 Custer Hollow Road, Clarksburg, WV 26306; (304-625-2823).
    (7) Use of a map. In complying with the statistical reporting 
requirements under paragraphs (c)(1) and (2) of this section, an 
institution may provide a map to current and prospective students and 
employees that depicts its campus, noncampus buildings or property, and 
public property areas, and may limit its reporting of crime statistics 
to crimes committed in those areas, if the map accurately depicts its 
campus, noncampus buildings or property, and public property areas.
    (8) Statistics from police agencies. In complying with the 
statistical reporting

[[Page 43595]]

requirements under paragraphs (c)(1) through (3) of this section, an 
institution must make a reasonable, good faith effort to obtain the 
required statistics and may rely on the information supplied by a local 
or State police agency. If the institution makes such a reasonable, 
good faith effort, it is not responsible for the failure of the local 
or State police agency to supply the required statistics.
    (d) Separate campus. An institution must comply with the 
requirements of this section for each separate campus.
    (e) Timely warning. (1) An institution must, in a manner that is 
timely and will aid in the prevention of similar crimes, report to the 
campus community on crimes that are--
    (i) Described in paragraph (c)(1) of this section;
    (ii) Reported to campus security authorities as identified under 
the institution's statement of current campus policies pursuant to 
paragraph (b)(1) of this section or local police agencies; and
    (iii) Considered by the institution to represent a threat to 
students and employees.
    (2) An institution is not required to provide a timely warning with 
respect to crimes reported to a pastoral or professional counselor.
    (f) Crime log. (1) An institution that maintains a campus police or 
a campus security department must maintain a written, easily understood 
daily crime log that records, by the date the crime was reported, any 
crime that occurred on campus, on a noncampus building or property, on 
public property, or within the patrol jurisdiction of the campus police 
or the campus security department and is reported to the campus police 
or the campus security department. This log must include--
    (i) The nature, date, time, and general location of each crime; and
    (ii) The disposition of the complaint, if known.
    (2) The institution must make an entry or an addition to an entry 
to the log within two business days, as defined under paragraph (a) of 
this section, of the report of the information to the campus police or 
the campus security department, unless that disclosure is prohibited by 
law or would jeopardize the confidentiality of the victim.
    (3)(i) An institution may withhold information required under 
paragraphs (f)(1) and (2) of this section if there is clear and 
convincing evidence that the release of the information would--
    (A) Jeopardize an ongoing criminal investigation or the safety of 
an individual;
    (B) Cause a suspect to flee or evade detection; or
    (C) Result in the destruction of evidence.
    (ii) The institution must disclose any information withheld under 
paragraph (f)(3)(i) of this section once the adverse effect described 
in that paragraph is no longer likely to occur.
    (4) An institution may withhold under paragraphs (f)(2) and (3) of 
this section only that information that would cause the adverse effects 
described in those paragraphs.
    (5) The institution must make the crime log for the most recent 60-
day period open to public inspection during normal business hours. The 
institution must make any portion of the log older than 60 days 
available within two business days of a request for public inspection.
    (g) Report to the Secretary. Each year, by the date and in a form 
specified by the Secretary, an institution must submit the statistics 
required by paragraph (c) of this section to the Secretary. (Authority: 
20 U.S.C. 1092)
    8. Newly redesignated Sec. 668.47 is revised to read as follows:


Sec. 668.47  Report on athletic program participation rates and 
financial support data.

    (a) Applicability. This section applies to a co-educational 
institution of higher education that--
    (1) Participates in any title IV, HEA program; and
    (2) Has an intercollegiate athletic program.
    (b) Definitions. The following definitions apply for purposes of 
this section only.
    (1) Expenses.
    (i) Expenses means expenses attributable to intercollegiate 
athletic activities. This includes appearance guarantees and options, 
athletically related student aid, contract services, equipment, 
fundraising activities, operating expenses, promotional activities, 
recruiting expenses, salaries and benefits, supplies, travel, and any 
other expenses attributable to intercollegiate athletic activities.
    (ii) Operating expenses means all expenses an institution incurs 
attributable to home, away, and neutral-site intercollegiate athletic 
contests (commonly known as ``game-day expenses''), for--
    (A) Lodging, meals, transportation, uniforms, and equipment for 
coaches, team members, support staff (including, but not limited to 
team managers and trainers), and others; and
    (B) Officials.
    (iii) Recruiting expenses means all expenses an institution incurs 
attributable to recruiting activities. This includes, but is not 
limited to, expenses for lodging, meals, telephone use, and 
transportation (including vehicles used for recruiting purposes) for 
both recruits and personnel engaged in recruiting, any other expenses 
for official and unofficial visits, and all other expenses related to 
recruiting.
    (2) Institutional salary means all wages and bonuses an institution 
pays a coach as compensation attributable to coaching.
    (3)(i) Participants means students who, as of the day of a varsity 
team's first scheduled contest--
    (A) Are listed by the institution on the varsity team's roster;
    (B) Receive athletically related student aid; or
    (C) Practice with the varsity team and receive coaching from one or 
more varsity coaches.
    (ii) Any student who satisfies one or more of the criteria in 
paragraphs (b)(3)(i)(A) through (C) of this section is a participant, 
including a student on a team the institution designates or defines as 
junior varsity, freshman, or novice, or a student withheld from 
competition to preserve eligibility (i.e., a redshirt), or for 
academic, medical, or other reasons.
    (4) Reporting year means a consecutive twelve-month period of time 
designated by the institution for the purposes of this section.
    (5) Revenues means revenues attributable to intercollegiate 
athletic activities. This includes revenues from appearance guarantees 
and options, an athletic conference, tournament or bowl games, 
concessions, contributions from alumni and others, institutional 
support, program advertising and sales, radio and television, 
royalties, signage and other sponsorships, sports camps, State or other 
government support, student activity fees, ticket and luxury box sales, 
and any other revenues attributable to intercollegiate athletic 
activities.
    (6) Undergraduate students means students who are consistently 
designated as such by the institution.
    (7) Varsity team means a team that--
    (i) Is designated or defined by its institution or an athletic 
association as a varsity team; or
    (ii) Primarily competes against other teams that are designated or 
defined by their institutions or athletic associations as varsity 
teams.
    (c) Report. An institution described in paragraph (a) of this 
section must annually, for the preceding reporting year, prepare a 
report that contains the following information:

[[Page 43596]]

    (1) The number of male and the number of female full-time 
undergraduate students 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 as of the day of its first 
scheduled contest of the reporting year, the number of participants who 
also participated on another varsity team, and the number of other 
varsity teams on which they participated.
    (ii) Total operating expenses attributable to the team, except that 
an institution may report combined operating expenses for closely 
related teams, such as track and field or swimming and diving, but such 
combinations must be reported separately for men's and women's teams.
    (iii) In addition to the data required by paragraph (c)(2)(ii) of 
this section, an institution may report operating expenses attributable 
to the team on a per-participant basis.
    (iv)(A) Whether the head coach was male or female, was assigned to 
the team on a full-time or part-time basis, and if assigned on a part-
time basis, whether the head coach was a full-time or part-time 
employee of the institution.
    (B) The institution must consider graduate assistants and 
volunteers who served as head coaches to be head coaches for the 
purposes of this report.
    (v)(A) The number of assistant coaches who were male and the number 
of assistant coaches who were female, and within each category, the 
number who were assigned to the team on a full-time or part-time basis, 
and of those assigned on a part-time basis, the number who were full-
time and part-time employees of the institution.
    (B) The institution must consider graduate assistants and 
volunteers who served as assistant coaches to be assistant coaches for 
purposes of this report.
    (3) The unduplicated head count of the individuals who were listed 
under paragraph (c)(2)(i) of this section as a participant on at least 
one varsity team, by gender.
    (4)(i) Revenues derived by the institution according to the 
following categories (Revenues not attributable to a particular sport 
or sports must be included only in the total revenues attributable to 
intercollegiate athletic activities, and if appropriate, revenues 
attributable to men's sports combined or women's sports combined. Those 
revenues include, but are not limited to, alumni contributions to the 
athletic department not targeted to a particular sport or sports, 
investment interest income, and student activity fees):
    (A) Total revenues attributable to its intercollegiate athletic 
activities.
    (B) Revenues attributable to all men's sports combined.
    (C) Revenues attributable to all women's sports combined.
    (D) Revenues attributable to football.
    (E) Revenues attributable to men's basketball.
    (F) Revenues attributable to women's basketball.
    (G) Revenues attributable to all men's sports except football and 
basketball, combined.
    (H) Revenues attributable to all women's sports except basketball, 
combined.
    (ii) In addition to the data required by paragraph (c)(4)(i) of 
this section, an institution may report revenues attributable to the 
remainder of the teams, by team.
    (5) Expenses incurred by the institution, according to the 
following categories (Expenses not attributable to a particular sport, 
such as general and administrative overhead, must be included only in 
the total expenses attributable to intercollegiate athletic 
activities):
    (i) Total expenses attributable to intercollegiate athletic 
activities.
    (ii) Expenses attributable to football.
    (iii) Expenses attributable to men's basketball.
    (iv) Expenses attributable to women's basketball.
    (v) Expenses attributable to all men's sports except football and 
basketball, combined.
    (vi) Expenses attributable to all women's sports except basketball, 
combined.
    (6) The total amount of money spent on athletically related student 
aid, including the value of waivers of educational expenses, 
aggregately for men's teams, and aggregately for women's teams.
    (7) The ratio of athletically related student aid awarded male 
athletes to athletically related student aid awarded female athletes.
    (8) The total amount of recruiting expenses incurred, aggregately 
for all men's teams, and aggregately for all women's teams.
    (9)(i) The average annual institutional salary of the non-volunteer 
head coaches of all men's teams, across all offered sports, and the 
average annual institutional salary of the non-volunteer head coaches 
of all women's teams, across all offered sports, on a per person and a 
per full-time equivalent position basis. These data must include the 
number of persons and full-time equivalent positions used to calculate 
each average.
    (ii) If a head coach has responsibilities for more than one team 
and the institution does not allocate that coach's salary by team, the 
institution must divide the salary by the number of teams for which the 
coach has responsibility and allocate the salary among the teams on a 
basis consistent with the coach's responsibilities for the different 
teams.
    (10)(i) The average annual institutional salary of the non-
volunteer assistant coaches of men's teams, across all offered sports, 
and the average annual institutional salary of the non-volunteer 
assistant coaches of women's teams, across all offered sports, on a per 
person and a full-time equivalent position basis. These data must 
include the number of persons and full-time equivalent positions used 
to calculate each average.
    (ii) If an assistant coach had responsibilities for more than one 
team and the institution does not allocate that coach's salary by team, 
the institution must divide the salary by the number of teams for which 
the coach has responsibility and allocate the salary among the teams on 
a basis consistent with the coach's responsibilities for the different 
teams.

(Authority: 20 U.S.C. 1092)

    9. Newly redesignated Sec. 668.48 is amended as follows:
    A. In paragraph (a)(1), by removing ``By July 1, 1997, and by every 
July 1 every year thereafter, each'' and adding, in its place, 
``Annually, by July 1, an''; by removing ``shall'' and adding in its 
place ``must''; and by removing ``an annual'' and adding, in its place 
``a''.
    B. In paragraph (a)(1)(iii), by adding ``, if applicable,'' before 
``transfer-out''; and by removing ``Sec. 668.46(a)(1), (2), (3) and 
(4)'' and adding, in its place, ``Sec. 668.45(a)(1)'';
    C. In paragraph (a)(1)(iv), by adding ``, if applicable,'' before 
``transfer-out''; and by removing ``Sec. 668.46(a)(1), (2), (3) and 
(4)'' and adding, in its place, ``Sec. 668.45(a)(1)'';
    D. In paragraph (a)(1)(v), by adding ``, if applicable,'' before 
``transfer-out'' both times it appears; by removing `` 
Sec. 668.46(a)(2), (3), and (4)'' and adding, in its place, 
``Sec. 668.45(a)(1)''; and by removing ``shall'' and adding, in its 
place, ``must'';
    E. In paragraph (a)(1)(vi), by adding ``, if applicable,'' before 
``transfer-out'' both times it appears; by adding after ``recent,'' 
``completing or graduating''; by removing ``Sec. 668.46(a)(2), (3), and 
(4)'' and adding in its place

[[Page 43597]]

``Sec. 668.45(a)(1)''; and by removing ``shall'' and adding in its 
place ``must''; and
    F. In paragraph (b), by removing ``Sec. 668.46'' and adding in its 
place ``Sec. 668.45''; by removing ``(a)(1)(iii), (a)(1)(iv), and 
(a)(1)(v)'' and adding in their place ``(a)(1)(iii) through (vi)''; and 
by adding ``, if applicable,'' before ``transfer-out.''
    10. Appendix E is amended by removing the definition of ``Murder,'' 
and by adding the following definitions before the definition of 
``robbery:''

Appendix E to Part 668--Crime Definitions in Accordance With the 
Federal Bureau of Investigation's Uniform Crime Reporting Program

* * * * *

Crime Definitions From the Uniform Crime Reporting Handbook

Arson

    Any willful or malicious burning or attempt to burn, with or 
without intent to defraud, a dwelling house, public building, motor 
vehicle or aircraft, personal property of another, etc.

Criminal Homicide--Manslaughter by Negligence

    The killing of another person through gross negligence.

Criminal Homicide--Murder and Nonnegligent Manslaughter

    The willful (nonnegligent) killing of one human being by 
another.
* * * * *
[FR Doc. 99-20603 Filed 8-9-99; 8:45 am]
BILLING CODE 4000-01-U