[Federal Register Volume 64, Number 210 (Monday, November 1, 1999)]
[Rules and Regulations]
[Pages 59060-59073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28273]



[[Page 59059]]

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Part IX





Department of Education





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34 CFR Part 668



Student Assistance General Provisions; Final Rule

  Federal Register / Vol. 64, No. 210 / Monday, November 1, 1999 / 
Rules and Regulations  

[[Page 59060]]



DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN 1845-AA03


Student Assistance General Provisions

AGENCY: Department of Education.

ACTION: Final regulations.

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

SUMMARY: We amend the regulations governing the disclosure of 
institutional and financial assistance information under the student 
financial assistance programs authorized under Title IV of the Higher 
Education Act of 1965, as amended (Title IV, HEA programs). 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). These regulations implement 
statutory changes made to the Higher Education Act of 1965, as amended 
(HEA), by the Higher Education Amendments of 1998.

DATES: Effective Date: These regulations are effective July 1, 2000.
    Implementation Date: The changes to certain sections, particularly 
Secs. 668.41 (b) and (c) and 668.46(c) (1)-(4) and (f), reflect changes 
made by Public Law 105-244 that already are in effect. Sections 668.41 
(b) and (c) concern the distribution of information through electronic 
media and the distribution to enrolled students of a list of the 
information to which they are entitled upon request. Sections 668.46(c) 
(1)-(4) and (f) concern the reporting of crime statistics and the 
maintenance of a crime log. You may use these regulations prior to July 
1, 2000 as guidance in complying with the relevant statutory 
provisions. You can find the full text of Public Law 105-244 at http://
www.access.gpo.gov/nara/publaw/105publ.html.

FOR FURTHER INFORMATION CONTACT: Paula Husselmann 
(Paula__H[email protected]) or Lloyd Horwich (Lloyd__H[email protected]), 
U.S. Department of Education, 400 Maryland Avenue, SW, ROB-3, room 
3045, Washington, DC 20202-5344. 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 person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: On August 10, 1999, we published a notice of 
proposed rulemaking (NPRM) for the Student Assistance General 
Provisions in the Federal Register (64 FR 43582). In the preamble to 
the NPRM, we discussed the following proposed changes:
     Amending Sec. 668.41 to make the information disclosure 
process more understandable and less burdensome, to require 
institutions to provide enrolled students a list of the information to 
which the students are entitled upon request, and to provide for 
institutions' use of Internet and Intranet websites for the disclosure 
of information.
     Amending Sec. 668.42 by incorporating it into Sec. 668.41.
     Amending Sec. 668.43 to require institutions to disclose 
their requirements and procedures for a student to officially withdraw 
from the institution.
     Amending Sec. 668.45 regarding the disclosure of 
completion/graduation and transfer-out rate information by implementing 
changes made by the 1998 Amendments, providing for a July 1 annual 
disclosure date, limiting the required disclosure of transfer-out rates 
to certain institutions, achieving greater consistency between term and 
nonterm-based institutions in establishing a cohort, and adding 
optional disclosures.
     Amending Sec. 668.46 regarding the disclosure of campus 
security information to define terms (including campus, noncampus 
buildings or property, and public property), by excluding pastoral or 
professional counselors from the definition of a campus security 
authority, by adding new categories of crimes to be reported and new 
policies to be disclosed, by clarifying how to compile and depict crime 
statistics, by changing the date for disclosure of the annual security 
report to October 1, by requiring certain institutions to maintain a 
publicly available crime log, and by requiring institutions annually to 
submit their crime statistics to the Department.
     Amending Sec. 668.47 by providing for the disclosure of 
additional data about revenues and expenses attributable to an 
institution's intercollegiate athletic activities, by clarifying the 
meaning of various terms, and by requiring institutions annually to 
submit their Equity in Athletics Disclosure Act (EADA) report to the 
Department.
     Amending Sec. 668.48 to correspond with Sec. 668.45 
concerning the disclosure of completion/graduation and transfer-out 
rates.

Discussion of Student Financial Assistance Regulations Development 
Process

    The regulations in this document were developed through the use of 
negotiated rulemaking. Section 492 of the HEA requires that, before 
publishing any proposed regulations to implement programs under Title 
IV of the Act, we obtain public involvement in the development of the 
proposed regulations. After obtaining advice and recommendations, we 
must conduct a negotiated rulemaking process to develop the proposed 
regulations. All proposed regulations must conform to agreements 
resulting from the negotiated rulemaking process unless we reopen that 
process or explain any departure from the agreements to the negotiated 
rulemaking participants.
    These regulations were published in proposed form on August 10, 
1999, in conformance with the consensus of the negotiated rulemaking 
committee. Under the committee's protocols, consensus meant that no 
member of the committee dissented from the agreed-upon language. We 
invited comments on the proposed regulations by September 15, 1999, and 
132 comments were received. An analysis of the comments and of the 
changes in the proposed regulations follows.
    These regulations reflect the following changes to the proposed 
regulations in response to public comment:
     In Sec. 668.43(a)(3), we clarified that the requirement 
that institutions disclose when a student must officially withdraw from 
the institution includes the disclosure of the procedures for a student 
to officially withdraw.
     In Sec. 668.46(a) we revised the definition of a 
professional counselor to no longer require that the counselor be an 
employee of the institution. In addition, we revised the definition by 
replacing the term ``psychological counseling'' with the term ``mental 
health counseling.''
     We moved the definition of ``prospective employee'' from 
Sec. 668.46(a) to Sec. 668.41(a).
    We added Sec. 668.46(c)(2) to require institutions to record a 
crime statistic in their annual security reports for the calendar year 
in which the crime was reported to a campus security authority.

We discuss substantive issues under the sections of the regulations to 
which they pertain. Generally, we do not address technical and other 
minor changes and

[[Page 59061]]

suggested changes the law does not authorize us to make.

Analysis of Comments and Changes

Subpart D--Institutional and Financial Assistance Information for 
Students

    These regulations (1) retitle Subpart D from ``Student Consumer 
Information Services'' to ``Institutional and Financial Assistance 
Information for Students,'' to conform the title to that of section 485 
of the HEA, and (2) renumber the sections.
    These regulations remove current Sec. 668.42 and incorporate it 
into Sec. 668.41. Therefore, these regulations renumber current 
Secs. 668.43-49 as Secs. 668.42-48; the preamble to these regulations 
refers to the new section numbers.
Questions and Recommendations:
    Commenters requested guidance on implementation of the requirements 
of this subpart and made recommendations concerning how we should 
interpret these regulations or apply them to particular circumstances. 
As these comments did not request any changes in the proposed 
regulations, we will provide separate guidance at a later date.
General Comments
    The Secretary should clarify the record retention requirements that 
apply to these regulations.
    Discussion: Section 668.24 of the Student Assistance General 
Provisions outlines the record retention requirements for the student 
financial assistance programs. Generally, a record must be maintained 
for three years following the end of the award year for which the 
record was established. With respect to the disclosure of institutional 
and financial assistance information provided under Subpart D of the 
Student Assistance General Provisions, the purpose is for the 
disclosure of certain information to students and other parties. 
Therefore, the institution must retain any record related to the 
disclosure for three years following the date of disclosure.
    Using the campus security records as an example, an institution's 
annual security report to be disclosed on October 1, 2000 must include 
crime statistics for calendar years 1997, 1998, and 1999. The record 
retention regulations require the institution to retain records to 
substantiate the information in its 2000 report for three years from 
October 1, 2000. Therefore, calendar year 1997 records must be retained 
until October 1, 2003.
    Changes: None.

Section 668.41  Reporting and Disclosure of Information

    Comments: Section 668.41 should address any information 
institutions participating in Title IV, HEA programs are required to 
disclose by any Department of Education regulation, not just 
information institutions are required to disclose by these regulations 
(34 CFR Part 668, Subpart D).
    Discussion: Section 668.41 only is intended to address information 
that institutions are required to disclose by section 485 of the HEA. 
We believe that including in Sec. 668.41 all information that 
institutions must disclose under any Department regulation is 
impractical and would be confusing.
    Changes: None.
    Comments: The Department should provide a chart listing all 
information that institutions must disclose under these regulations and 
the persons to whom they must disclose the information.
    Discussion: We believe that Sec. 668.41 adequately provides the 
information sought by this comment. However, we will provide continuing 
technical assistance, including the requested chart, to institutions to 
help them understand and comply with these regulations.
    Changes: None.
    Comments: The Department should clarify the level of description of 
required information it expects institutions to provide in the various 
notices of the availability of information that are required by 
Sec. 668.41.
    Discussion: As stated in the preamble to the NPRM (64 FR 43583), 
the description should be sufficient to allow students and others to 
understand the nature of the information and to make informed decisions 
about whether to request the information. We do not believe there is a 
need to be more prescriptive in this area.
    Changes: None.
    Comments: Remove the word ``freshman'' from the definition ``first- 
time, freshman student'' in Sec. 668.41(a), which identifies those 
students that institutions must include in their cohorts for 
calculating completion or graduation rates, and if applicable, 
transfer-out rates.
    Discussion: As described in Sec. 668.45, institutions must include 
in their cohorts first-time, certificate- or degree-seeking, full-time 
undergraduate students who never have attended any institution of 
higher education (including in the cohort those who enroll in the fall 
term having attended a postsecondary institution for the first time in 
the prior summer term or having earned college credit in high school) 
regardless of their class standing. As some members of the cohort may 
have advanced standing, we agree that the use of the word ``freshman'' 
in the definition could cause confusion.
    Changes: The term ``first-time freshman student'' is replaced by 
the term ``first-time, undergraduate student'' wherever it appears in 
these regulations (Secs. 668.41(a), 668.45(a)(3)(iii), and 
668.45(a)(4)(i)-(ii)).
    Comments: The definition of ``notice'' in Sec. 668.41(a) should not 
require institutions, in providing the various notices of the 
availability of information required by Sec. 668.41, to provide the 
notices on a one-to-one basis to persons to whom the information need 
only be provided upon request.
    Discussion: We do not believe that students and others entitled to 
the information will be adequately notified of its availability if the 
notification of its availability is made through means that do not 
ensure that each person who is entitled to the notification receives 
it. The regulation does not prescribe the method by which institutions 
must notify students and others of the information's availability; the 
regulation simply prescribes that the method used must provide 
individualized notice.
    Changes: None.
    Comments: Change Secs. 668.41(c) and (d) to include completion and 
graduation rates, and if applicable, transfer-out rates, for athletes 
under Sec. 668.48, among the required disclosures of information.
    Discussion: Section 485(a)(1) of the HEA does not include 
completion and graduation rates of athletes in the list of information 
institutions must provide upon request to enrolled and prospective 
students. Although section 485(e) of the HEA only requires institutions 
to provide the report concerning athletes' graduation rates to 
prospective student-athletes and their parents, high school coaches, 
and guidance counselors, we encourage institutions to provide the 
report to others who request it.
    Changes: None.
    Comments: Rather than requiring institutions under Sec. 668.41(c) 
annually to provide all enrolled students a notice listing the 
information to which they are entitled upon request, allow institutions 
to tell students, at the time the institutions distribute the notice, 
how often they will publish the list and how students can obtain 
interim changes to the list.
    Discussion: Section 485(a) of the HEA specifically requires that 
institutions provide the list annually to all enrolled students.

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    Changes: None.
    Comments: The Department should clarify that Sec. 99.7, which is 
referenced in Sec. 668.41(c)(1), refers to the notification 
requirements under the Family Educational Rights and Privacy Act of 
1974 (FERPA).
    Discussion: We agree.
    Changes: Section 668.41(c)(1) is amended to include a reference to 
FERPA.
    Comments: The requirement for disclosure of information about the 
terms and conditions of deferral of loan repayments for service under 
the Peace Corps Act, the Domestic Volunteer Service Act of 1973, or for 
comparable service as a volunteer for a tax-exempt organization of 
demonstrated effectiveness in the field of community service should be 
moved from Sec. 668.41(d)(4) to Sec. 668.42 (Financial assistance 
information), which addresses, among other subjects, loan repayment.
    Discussion: We agree with the commenters.
    Changes: Section 668.41(d)(4) in the NPRM is moved to 
Sec. 668.42(c)(7).
    Comments: If the purpose of the revised Sec. 668.41 is to put all 
of an institution's disclosure responsibilities under subpart D in a 
single section, the requirement that an institution must report its 
crime statistics to the Department should be moved from Sec. 668.46(g) 
to Sec. 668.41.
    Discussion: We agree with the commenters.
    Changes: Section 668.46(g) in the NPRM is moved to 
Sec. 668.41(e)(5).
    Comments: The Department should clarify that the prohibition on 
using the Internet to provide the information required by 
Sec. 668.41(f)(1)(i) to prospective student-athletes and their parents 
does not prohibit a national collegiate athletic association from 
obtaining a waiver for its members under Sec. 668.41(f)(1)(ii) for 
providing the information to prospective student-athletes' high school 
coaches and guidance counselors by distributing the information to all 
secondary schools in the United States through the Internet or other 
electronic means.
    Discussion: We did not intend the prohibition referred to above to 
address the means by which a national collegiate athletic association 
must provide the information to secondary schools in order to obtain a 
waiver under Sec. 668.41(f)(1)(ii). We would be pleased to work with 
any such association seeking a waiver for its members to determine 
whether the association's proposed method of providing the information 
to secondary schools is sufficient to qualify for a waiver.
    Changes: None.

Section 668.43  Institutional and Financial Assistance Information

    Comments: The requirement in Sec. 668.43(a)(2) and (4) that an 
institution disclose any refund policy with which the institution is 
required to comply should make clear that the requirement refers to any 
refund policy required by the institution's accrediting agency or State 
agency, not to the requirements for determining the amount of Title IV 
HEA program assistance that a student has earned upon withdrawal.
    Discussion: Institutions are required to disclose any refund policy 
that requires the return of unearned funds to their source. This 
information includes the determination of amounts returned to the title 
IV programs and all other provisions of Sec. 668.22, as well as any 
refund policy required by the State or the school's accrediting agency, 
or any institutional refund policy.
    Changes: None.
    Comments: In addition to an institution's disclosure of when a 
student must officially withdraw from the institution, the disclosure 
should include the institution's procedures for that withdrawal.
    Discussion: Any disclosure of the requirements for withdrawal must 
necessarily include sufficient information for a student to know how to 
go about withdrawing from the institution.
    Changes: We revised Sec. 668.43(a)(3) to clarify that the 
requirement that an institution disclose its requirements for 
withdrawal includes a requirement that an institution disclose the 
procedures a student must follow to officially withdraw.

Section 668.45  Information on Completion or Graduation Rates

    Comments: Term-based institutions whose students enroll before 
September 1 of a given year should continue to include these students 
in their fall cohort for that year.
    Discussion: These regulations do not change how a term-based 
institution establishes its fall cohort. A term-based institution may 
include in its fall cohort students who enroll for the fall term before 
September 1 of a given year, and continue to include students who 
attended the institution for the first time during the summer preceding 
the fall term.
    Changes: We revised Sec. 668.45(a)(3)(i) to clarify that an 
institution's fall cohort must include all students who enter a term-
based institution during the fall term, regardless of whether they 
enter before or after September 1.
    Comments: Institutions should be allowed to disclose graduation or 
completion and, if applicable, transfer-out rates for their 1996 and 
1997 cohorts based on a September 1 though August 31 year.
    Discussion: We agree. The 1998 Amendments changed the year during 
which institutions must determine whether students for whom 150% of 
normal time for completion of their programs has elapsed have completed 
or graduated from the program from July 1 through June 30 to September 
1 through August 31. These regulations reflect the statutory change.
    Changes: None.
    Comments: In determining its fall cohort, a term-based institution 
should be able to consider who is enrolled on another official fall 
reporting date other than October 15 or the end of the drop-add period 
to make the reporting date consistent with the Department's Integrated 
Postsecondary Education Data System's (IPEDS) Fall Enrollment (EF) 
report.
    Discussion: We agree that a term-based institution's establishment 
of its fall cohort under this regulation should be consistent with the 
IPEDS data on fall enrollment.
    Changes: We revised Sec. 668.45(a)(4) to include as an entering 
student a first-time, full-time, certificate or degree-seeking 
undergraduate who is enrolled on another official fall reporting date. 
Also, we added to Sec. 668.41(a) the definition of ``official fall 
reporting date'' used by the IPEDS EF report.
    Comments: Transfer-out rates should be optional for all 
institutions for a number of reasons, including the greater regulatory 
burden placed on institutions that consider ``substantial preparation'' 
as part of their mission--for example, community colleges.
    Discussion: The HEA requires institutions to report the rate at 
which students who receive substantial preparation transfer out of the 
institution. Therefore, the transfer-out rate cannot be made optional 
in all cases. These regulations limit the requirement to institutions 
that determine that their missions include providing substantial 
preparation for their students to enroll in other eligible 
institutions. Institutions with substantial numbers of transfers-out 
may have a lower graduation and completion rate than other institutions 
and thus may find it desirable to report a transfer-out rate. We 
anticipate that the required transfer-out rate will not apply to most 
four-year institutions. Consistent with the treatment of

[[Page 59063]]

transfer-out students by IPEDS Graduation Rate Survey (GRS), an 
institution only is required to report on students whom the institution 
knows transferred to another institution.
    Changes: None.
    Comments: The Secretary should clarify that a student who leaves an 
undergraduate institution for study at a graduate institution is not a 
transfer-out under these regulations.
    Discussion: For purposes of these regulations, a student who leaves 
an undergraduate program for study in a graduate program is not 
considered a transfer-out. Normally, such a student would have 
completed his or her program and be included in the institution's 
completion/graduation rate.
    Changes: None.
    Comments: A term-based institution should be defined as an 
institution at which more than fifty percent of the programs are term-
based.
    Discussion: Section 668.45(a)(3)(i) defines a term-based 
institution as an institution at which a predominant number of the 
programs are based on semesters, trimesters, or quarters.
    Changes: None.
    Comments: The Secretary should indicate that an institution's 
compliance with the IPEDS GRS ensures compliance with the 
methodological requirements of Sec. 668.45.
    Discussion: We agree. An institution's compliance with the GRS 
constitutes compliance with the methodological provisions of 
Secs. 668.45 and 668.48.
    Changes: None.

Section 668.46  Institutional Security Policies and Crime Statistics

    Comments: Numerous commenters requested that we specifically 
exclude certain types of employees from the definition of a campus 
security authority--for example, lay counselors, dormitory rectors, 
physicians, access monitors, rape crisis counselors, doctoral counselor 
trainees, campus ombudsmen, and teaching faculty. Other commenters 
requested clarification about whether student security personnel 
organized by student governments and concert security employees who 
work for the institution are campus security authorities. Still other 
commenters asked us to define who is an ``official'' of the 
institution, and what ``significant responsibility'' for student and 
campus activities means.
    Discussion: To determine if an institution must collect crime 
statistics from a particular employee or official, or provide a timely 
warning report based on crimes reported or known to the employee or 
official, an institution must first determine if that official is a 
campus security authority. In addition to campus law enforcement staff, 
a campus security authority is someone with ``significant 
responsibility for student and campus activities.'' Absent this 
responsibility, an employee is not a campus security authority.
    For example, a dean of students who oversees student housing, a 
student center, or student extra-curricular activities, has significant 
responsibility for student and campus activities. Similarly, a director 
of athletics, team coach, and faculty advisor to a student group also 
have significant responsibility for student and campus activities.
    A single teaching faculty member is unlikely to have significant 
responsibility for student and campus activities, except when serving 
as an advisor to a student group. A physician in a campus health center 
or a counselor in a counseling center whose only responsibility is to 
provide care to students are unlikely to have significant 
responsibility for student and campus activities. Also, clerical staff 
are unlikely to have significant responsibility for student and campus 
activities.
    Since official responsibilities and job titles vary significantly 
from campus to campus, we believe that including a list of specific 
titles in the regulation is not practical. However, as stated above, we 
will provide additional guidance at a later date concerning 
interpretation of these regulations.
    Changes: None.
    Comments: The definition of campus security authority should 
include only individuals working for the institution's campus security 
office or expressly performing a campus security function at the 
institution's request.
    Discussion: We believe that the new definition and guidance reflect 
the reality that on colleges campuses, officials who are not police 
officials or acting as event security at student or campus events 
nevertheless are responsible for students' or campus security. We also 
believe the new definition and guidance will better enable institutions 
to determine who is a campus security authority and thereby to comply 
with these regulations.
    Changes: None.
    Comments: Commenters asked a number of questions regarding our 
interpretation of the definitions of campus, noncampus building or 
property, and public property, such as what it means for an institution 
to ``control'' property, what ``adjacent to and accessible from the 
campus'' means, and whether remote classrooms or remote research 
stations are included in the definition of campus. Commenters also 
asked how different institutions that occupy the same general 
geographic area and different campuses of an institution should report 
crimes.
    Discussion: We will respond to commenters' questions concerning 
implementation of the proposed regulations, and will post our answers 
on our Information for Financial Assistance Professionals (IFAP) 
website: http://ifap.ed.gov
    Changes: None.
    Comments: Generally, the commenters expressed much satisfaction 
with the compromises made during negotiated rulemaking regarding the 
definitions in Sec. 668.46(a). In particular, many commenters agreed 
with the negotiators' decision to exclude professional and pastoral 
counselors from being required to report crimes discussed with them in 
their role as counselor. Some commenters disagreed with this exclusion, 
on the belief that reporting a statistic cannot identify the victim. 
Other commenters believed that the process of reporting statistics and 
avoiding double-counting can lead to identification of the victim. Many 
commenters stressed the importance of ensuring that students' ability 
to obtain confidential counseling not be compromised.
    Discussion: We agree with the commenters about the importance of 
victims' being able to obtain confidential counseling. We also agree 
that although reporting a statistic is not likely, of itself, to 
identify the victim, the need to verify the occurrence of the crime and 
the need for additional information about the crime to avoid double-
counting can lead to identification of the victim.
    Representatives of psychological counselors informed us that 
counselors would, as a matter of professional obligation, be required 
to inform a patient at the beginning of any session that detailed 
information may be disclosed to other parties for statistical reporting 
purposes. In their experience, this disclosure has a chilling effect on 
access to professional counseling by causing a victim to decline or be 
wary of professional assistance. Given the importance of access to 
counseling, the availability of statistics from other sources on 
campus, and the provisions we included in this regulation concerning 
confidential reporting, we believe this regulation strikes the 
appropriate balance between individuals' need for counseling and the 
community's need for complete statistics.
    Changes: None.

[[Page 59064]]

    Comments: The definition of professional counselor should refer to 
mental health counseling instead of psychological counseling because 
the job description of a professional counselor other than a 
psychologist or psychiatrist might refer to mental health counseling or 
crisis counseling, but would be unlikely to refer to psychological 
counseling. This definition also should refer to independent 
contractors who perform professional counseling for institutions.
    Discussion: We agree with the commenters that changing the 
definition to refer to mental health counseling rather than 
psychological counseling provides a clearer, more precise definition, 
but emphasize that the change does not expand the definition to include 
non-professional or informal counselors.
    We believe that changing the definition by eliminating the 
reference to employee would clarify that the definition refers to the 
nature of the counselor, not the counselor's employment relationship 
with the institution.
    Changes: We changed the definition of professional counselor in 
Sec. 668.46(a) to refer to mental health counseling and to exclude the 
requirement that a professional counselor be an employee of the 
institution.
    Comments: The requirement that institutions provide notice of the 
availability of the annual security report to each prospective employee 
is overly burdensome as that term is defined (an individual who has 
contacted an eligible institution requesting information concerning 
employment with the institution). The definition should be limited to 
individuals who apply for employment. Also, the definition should be 
moved from Sec. 668.46 to Sec. 668.41, because it applies to both 
sections, and the definitions in Sec. 668.41 apply to the entire 
subpart, while those in Sec. 668.46 only apply to that section.
    Discussion: We do not believe that the definition is unduly 
burdensome, especially given the importance of prospective employees 
being able to make fully informed choices. The requirement applies only 
when an individual requests information from an institution and the 
institution, presumably, either will mail the individual the 
information or tell the individual where to obtain the information. The 
institution simply can include in whatever information it provides the 
individual a brief notice of the availability of the annual security 
report.
    We agree that the definition should be moved to Sec. 668.41.
    Changes: The definition of prospective employee is moved from 
Sec. 668.46(a) to Sec. 668.41(a).
    Comments: Some commenters objected to the requirement in 
Sec. 668.46(b)(2)(ii) that institutions disclose their policies for 
preparing the annual disclosure of crime statistics and requested 
clarification of what this disclosure entails.
    Discussion: This disclosure serves two important purposes. It 
informs the students about how and from what sources the report is 
prepared. Many students may not be aware that a formal police report or 
investigation is not needed in order for a crime report to be included 
in the statistics. This disclosure also requires an institution to 
consider what officials or offices must be canvassed in order to 
prepare a complete report. Incorrectly, some institutions believe that 
only formal police reports need be included; the disclosure allows the 
reader to conclude that all of the proper offices have been canvassed. 
The disclosure need only provide a general description of the process 
for preparing the report, including the offices surveyed. There is no 
requirement to disclose every detailed step in the report's 
preparation.
    Changes: None.
    Comments: The endorsement of anonymous crime reporting procedures 
is a valuable addition to the regulations. Although incomplete 
anonymous reports raise a number of statistical reporting questions, it 
is a valuable alternative for some crime victims. In some States 
confidential reporting of crime is illegal.
    Discussion: Institutions should note that the regulations refer to 
confidential reporting, not anonymous reporting. The regulations do not 
require institutions to allow confidential reporting. Rather, 
Sec. 668.46(b)(2)(iii) and (4)(iii) require institutions to state 
whether they allow confidential reporting, and if so, to describe their 
procedures for that reporting, including whether the institution 
encourages pastoral counselors and professional counselors, if and when 
they deem it appropriate, to inform the persons they are counseling of 
those procedures. An institution prohibited by State law from allowing 
confidential reporting simply would be required to state that in its 
annual security report.
    Changes: None.
    Comments: Campus judicial processes do not determine whether a 
crime occurred, but rather determine only whether the accused person 
committed an act that violates the institution's rules, policies, or 
code of conduct. Therefore, the Secretary should clarify that referrals 
for alcohol, drug, and weapons law violations are limited to a breach 
of institutional policy, not law.
    Discussion: The requirement that institutions report statistics for 
referrals for campus disciplinary action for alcohol, drug and weapons 
possession refers to violations of law only. For example, if a student 
of legal drinking age in the State in which an institution is located 
violates the institution's ``dry-campus'' policy and is referred for 
campus disciplinary action, that statistic should not be included in 
the institution's crime statistics. We believe that campus judicial 
officials and campus police are capable of determining whether a 
particular alcohol, drug, or weapons violation is a violation of law.
    Changes: None.
    Comment: Most commenters responded to our question regarding 
whether a crime should be recorded for the calendar year in which the 
crime was reported to the institution or the calendar year in which the 
crime occurred. The commenters were largely in favor of recording the 
crime on the date the crime was reported to the institution. The 
commenters indicated that for statistical purposes the FBI collects 
crime data based on when crimes are reported to the police, not on the 
date crimes occur. One reason for this standard is that crimes 
generally are discovered after they occur, making the date of 
occurrence unknown or uncertain. The commenters explained that using 
the date of occurrence creates additional burden for institutions.
    Discussion: We appreciate the responses to our solicitation for 
comment on this issue. We previously have required institutions to 
report crime statistics according to the year in which the crimes 
occurred. However, we are convinced by the weight of the comments that 
we would eliminate a considerable burden on institutions by making this 
reporting requirement consistent with FBI reporting practices, and that 
no crime statistics will go unreported as a result of this change.
    Changes: Section 668.46(c)(2) is revised to require an institution 
to record crime data based on when the crime was reported to a campus 
security authority.
    Comments: The problem with reporting which crimes are hate crimes 
is an institution's reliance on municipal police departments to provide 
this information. Hate crimes are often a political issue in 
municipalities, which may be reluctant to release information 
concerning hate crimes to an institution.

[[Page 59065]]

    Discussion: We recognize that some institutions must rely on data, 
including hate crime data, from outside agencies. In complying with the 
statistical reporting requirements, an institution must make a 
reasonable, good-faith effort to obtain statistics from outside 
agencies. An institution that makes such an effort is not responsible 
for the agencies' failure to provide the statistics or for verifying 
the accuracy of statistics the agencies provide.
    Changes: None.
    Comments: The requirement that institutions report hate crimes 
related to ``any crime involving bodily injury'' is inconsistent with 
other statistical reporting requirements. To require an institution to 
search for every crime that may have involved personal injury is overly 
burdensome.
    Discussion: The requirement that institutions report hate crimes 
related to any crime involving bodily injury is mandated by the HEA.
    Changes: None.
    Comments: The Secretary should clarify that institutions are not 
required to report statistics for public property that surrounds 
noncampus buildings or property.
    Discussion: These regulations do not require an institution to 
report crime statistics for public property surrounding noncampus 
buildings or property.
    Changes: None.
    Comments: The commenters asked that the preamble make clear that an 
institution must use both the UCR definitions and standards when 
reporting crime.
    Discussion: We reiterate the language of Sec. 668.46(c)(7) that 
requires an institution to use UCR guidance when defining and 
classifying crimes.
    Changes: None.
    Comments: The commenters strongly supported the use of a map to aid 
in the disclosure of crime statistics, and believe that a map would be 
very effective in indicating the areas to be considered in compiling 
these statistics. Some commenters believe that the Department will 
receive complaints or queries from the campus community that a map 
disclosed by an institution does not accurately depict the reporting 
area of a campus and recommended that the Department establish a 
uniform review process for the review of maps so that questions can be 
handled in a timely and efficient manner.
    Discussion: We agree with the commenters that using a map in 
disclosing crime statistics can be very helpful; students and others 
will be able to visualize the areas covered by an institution's annual 
security report. We will not establish a uniform process to review 
institutions' maps. Anyone who believes that an institution is not in 
compliance with the campus security regulations may contact the Office 
of Student Financial Assistance regional office for the State in which 
the institution is located. The addresses and telephone numbers for the 
regional Case Team Managers are at the following Internet address: 
http://ed.gov/about.html.
    Changes: None.
    Comments: The regulations should define what is meant, for purposes 
of crime log entries, by the nature, date, time and general location of 
each crime. The Department should emphasize that institutions may 
withhold this information only when it is absolutely necessary to 
prevent a breach of victim's confidentiality.
    Discussion: We believe these terms are straightforward and there is 
no need for more prescriptive regulation. However, we emphasize that an 
institution may only withhold this information when it is sufficiently 
clear that the victim's confidentiality is in jeopardy.
    Changes: None.

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

    Comments: Section 668.47 should include a separate audit 
requirement for the data it requires institutions to report.
    Discussion: As discussed in the preamble to the NPRM (64 FR 43588-
89), the primary change to the EADA made by the 1998 Amendments was the 
relocation of informational requirements concerning revenues and 
expenses attributable to institutions' intercollegiate athletic 
activities from section 487(a) of the HEA (Program Participation 
Agreements) to section 485(g). In relocating those requirements, 
Congress repealed the audit requirement under section 487(a). We 
believe Congress' intent is clear that there should not be a separate 
audit requirement for the data required by Sec. 668.47.
    Changes: None.
    Comments: Institutions annually submit an audited financial 
statement to the Department. The requirement in Sec. 668.47 to report 
intercollegiate athletics financial data separately requires 
reformatting the data, causes the data to appear differently than in 
the financial statement, and is administratively burdensome. The 
Department should consider whether the benefit to students, parents, 
and others from this report outweighs the cost to institutions.
    Discussion: The requirements in Sec. 668.47 concerning the 
disclosure of intercollegiate athletics financial data are statutory 
requirements.
    Changes: None.
    Comments: When and to which office of the Department should 
institutions submit their EADA reports?
    Discussion: We are developing a process for receiving the reports. 
When the process is complete, we will inform institutions on the 
Department's IFAP website: http://ifap.ed.gov. Institutions should have 
made the reports available to students and others by October 15, 1999.
    Changes: None

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

    Comments: Allow term-based institutions, in determining their 
athletic cohorts under Sec. 668.48(a), to include athletes who receive 
athletically related student aid at any time during the academic year 
in which their cohorts are established, rather than only allowing those 
institutions to include athletes who receive aid by the end of the 
institution's drop-add period or by October 15.
    Discussion: We stated in the preamble to the NPRM (64 FR 43589) 
that institutions should include in their athletic cohorts students who 
receive athletically related student aid by the end of the 
institution's drop-add period or by October 15 because we believed that 
would lessen institutions' burden. However, based on the weight of the 
comments, and because the Department's Integrated Postsecondary 
Education Data System's (IPEDS) Graduation Rate Survey allows term-
based institutions to use the entire academic year to determine their 
athletic cohorts, we now change the guidance we gave in the preamble to 
the NPRM and allow term-based institutions to use the entire academic 
year to determine their athletic cohorts.
    Further, we clarify that ``drop-add period,'' in this context, 
refers to institutions' fall drop-add periods.
    Changes: None.

Executive Order 12866

    We have reviewed these final regulations in accordance with 
Executive Order 12866. Under the terms of the order, we have assessed 
the potential costs and benefits of this regulatory action.
    The potential costs associated with these final regulations are 
those resulting from statutory requirements and those we have 
determined to be

[[Page 59066]]

necessary for administering this program effectively and efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of these final regulations, we have determined that 
the benefits of the regulations justify the costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    We summarized the potential costs and benefits of these final 
regulations in the preamble to the NPRM (64 FR 43589-43590).

Paperwork Reduction Act of 1995

    The Paperwork Reduction Act of 1995 does not require you to respond 
to a collection of information unless it displays a valid OMB control 
number. We display the valid OMB control numbers assigned to the 
collections of information in these final regulations at the end of the 
affected sections of the regulations.

Assessment of Educational Impact

    In the NPRM, we requested comments on whether the proposed 
regulations would require transmission of information that any other 
agency or authority of the United States gathers or makes available.
    Based on the response to the NPRM and on our review, we have 
determined that these final regulations do not 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://www.ed.gov/legislation/HEA/rulemaking/
http://ifap.ed.gov/csb__html/fedlreg.htm

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: October 19, 1999.
Richard W. Riley,
Secretary of Education.

    For the reasons discussed in the preamble, the Secretary amends 
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 undergraduate student means an entering undergraduate 
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 a notification of the availability of information an 
institution is required by this subpart to disclose, provided to an 
individual on a one-to-one basis through an appropriate mailing or 
publication, including direct mailing 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.
    Official fall reporting date means that date (in the fall) on which 
an institution must report fall enrollment data to either the State, 
its board of trustees or governing board, or some other external 
governing body.
    Prospective employee means an individual who has contacted an 
eligible institution for the purpose of requesting information 
concerning employment with that institution.
    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), (e)(2) through (4), or (g)(1)(ii) of this section, 
as appropriate, an institution may satisfy any requirement to disclose 
information under paragraph (d), (e), or (g) of this section for--
    (1) Enrolled students or current employees by posting the 
information on an Internet website or an Intranet website that is 
reasonably accessible to the individuals to whom the information must 
be disclosed; and
    (2) Prospective students or prospective employees by posting the 
information 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 34 CFR 99.7 (Sec. 99.7 sets 
forth the notification requirements of

[[Page 59067]]

the Family Educational Rights and Privacy Act of 1974). The notice must 
list and briefly describe the information and tell the student how to 
obtain the information.
    (2) An institution that discloses information to enrolled students 
as required under paragraph (d), (e), or (g) of this section by posting 
the information 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 the information is 
posted; and
    (ii) A statement that the institution will provide a paper copy of 
the information 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); and
    (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 with the institution.
    (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.
    (5) Submission to the Secretary--annual security report. Each year, 
by the date and in a form specified by the Secretary, an institution 
must submit the statistics required by Sec. 668.46(c) to the Secretary.
    (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, when an institution offers a prospective 
student-athlete athletically related student aid, it 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 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.

(Approved by the Office of Management and Budget under control 
number 1845-0004 and 1845-0010)

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

    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. 668.42 is amended by removing the word 
``and'' at the end of paragraph (c)(5); by removing the period at the 
end of paragraph (c)(6), and adding, in its place, ``; and''; by adding 
a new paragraph (c)(7) and revising the OMB control number to read as 
follows:


Sec. 668.42  Financial assistance information.

* * * * *
    (c) ***
    (7) 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);

[[Page 59068]]

    (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.

(Approved by the Office of Management and Budget under control 
number 1845-0022)
* * * * *
    6. 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 
portions of costs paid to the institution;
    (3) The requirements and procedures 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.

(Approved by the Office of Management and Budget under control 
number 1845-0022)

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

    7. 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, 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, as 
provided in paragraph (c) of this section.
    (3)(i) An institution that offers a predominant number of its 
programs based on semesters, trimesters, or quarters must base its 
completion or graduation rate and, if applicable, transfer-out rate 
calculations, on the cohort of first-time, certificate- or degree-
seeking, full-time undergraduate students who enter the institution 
during the fall term of each year.
    (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 undergraduate 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 undergraduate student who is enrolled as of October 15, the end of 
the institution's drop-add period, or another official reporting date 
as defined in Sec. 668.41(a).
    (ii) An institution covered by paragraph (a)(3)(ii) of this section 
must count as an entering student a first-time undergraduate 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) 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 12-month period ending August 31 during which 
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 by the end of the 12-
month period ending August 31 during which 150% of the normal time for 
completion or graduation from their program has lapsed; and
    (2) Students who have completed a program described in 
Sec. 668.8(b)(1)(ii), or an equivalent program, by the end of the 12-
month period ending August 31 during which 150% of normal time for 
completion from that program has lapsed.
    (c) In calculating the transfer-out rate under paragraph (a)(2) of 
this section, an institution must count as transfers-out students who 
by the end of the 12-month period ending August 31 during which 150% of 
the normal time for completion or graduation from the program in which 
they were enrolled has lapsed, have not completed or graduated but have 
subsequently enrolled in any program of an eligible institution for 
which its program provided 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;
    (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

[[Page 59069]]

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 paragraphs (d)(1) through (4) 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.

(Approved by the Office of Management and Budget under control 
number 1845-0004)

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

    8. 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) Any 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) Any 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. If such an official is a pastoral or professional 
counselor as defined below, the official is not considered a campus 
security authority when acting as a pastoral or professional counselor.
    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: A person 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: A person whose official responsibilities 
include providing mental health counseling to members of the 
institution's community and who is functioning within the scope of his 
or her license or certification.
    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) of this 
section.
    (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) Describes 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 
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.

[[Page 59070]]

    (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 that are 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) Recording crimes. An institution must record a crime statistic 
in its annual security report for the calendar year in which the crime 
was reported to a campus security authority.
    (3) 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.
    (4) Crimes by location. The institution must provide a geographic 
breakdown of the statistics reported under paragraphs (c)(1) and (3) of 
this section according to the following categories:
    (i) On campus.
    (ii) Of the crimes in paragraph (c)(4)(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.
    (5) Identification of the victim or the accused. The statistics 
required under paragraphs (c)(1) and (3) of this section may not 
include the identification of the victim or the person accused of 
committing the crime.
    (6) Pastoral and professional counselor. An institution is not 
required to report statistics under paragraphs (c)(1) and (3) of this 
section for crimes reported to a pastoral or professional counselor.
    (7) UCR definitions. An institution must compile the crime 
statistics required under paragraphs (c)(1) and (3) 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 and Training Guide for Hate Crime 
Data Collection. 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 (telephone: 304-625-2823).
    (8) Use of a map. In complying with the statistical reporting 
requirements under paragraphs (c)(1) and (3) 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 if the map accurately depicts its campus, 
noncampus buildings or property, and public property areas.
    (9) Statistics from police agencies. In complying with the 
statistical reporting requirements under paragraphs (c)(1) through (4) 
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

[[Page 59071]]

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) and (3) of this section;
    (ii) Reported to campus security authorities as identified under 
the institution's statement of current campus policies pursuant to 
paragraph (b)(2) 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.

(Approved by the Office of Management and Budget under control 
number 1845-0022)

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

    9. 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:
    (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

[[Page 59072]]

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. Those 
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.

(Approved by the Office of Management and Budget under control 
number 1845-0010)

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


Sec. 668.48  [Amended]

    10. 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 ``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

[[Page 59073]]

their place ``(a)(1)(iii) through (vi)''; and by adding ``, if 
applicable,'' before ``transfer-out.''
    G. At the end of the section, by replacing the OMB control number 
``1840-0719'' with the number ``1845-0004.''
    11. 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. 99-28273 Filed 10-29-99; 8:45 am]
BILLING CODE 4000-01-U