Notes on 20 U.S.C. § 1092 : US Code - Notes

Search Notes on 20 U.S.C. § 1092 : US Code - Notes

(Pub. L. 89-329, title IV, Sec. 485, as added Pub. L. 99-498, title
IV, Sec. 407(a), Oct. 17, 1986, 100 Stat. 1482; amended Pub. L. 100-
50, Sec. 15(10), (11), June 3, 1987, 101 Stat. 357; Pub. L. 101-
542, title I, Secs. 103(a), (b), 104(a), title II, Sec. 204(a),
Nov. 8, 1990, 104 Stat. 2381-2385; Pub. L. 101-610, title II, Secs.
201-203, Nov. 16, 1990, 104 Stat. 3171, 3172; Pub. L. 102-26, Sec.
10(a)-(d), Apr. 9, 1991, 105 Stat. 128; Pub. L. 102-164, title VI,
Sec. 603, Nov. 15, 1991, 105 Stat. 1066; Pub. L. 102-325, title IV,
Sec. 486(a)-(c)(2), July 23, 1992, 106 Stat. 620, 621; Pub. L. 103-
208, Sec. 2(h)(28)-(37), (k)(9), Dec. 20, 1993, 107 Stat. 2477,
2486; Pub. L. 103-382, title III, Sec. 360B(c), Oct. 20, 1994, 108
Stat. 3970; Pub. L. 104-208, div. A, title I, Sec. 101(e) [title
III, Sec. 308], Sept. 30, 1996, 110 Stat. 3009-233, 3009-262; Pub.
L. 105-18, title VI, Sec. 60001(a), June 12, 1997, 111 Stat. 214;
Pub. L. 105-244, title I, Sec. 102(b)(3), title IV, Sec. 486, Oct.
7, 1998, 112 Stat. 1622, 1741; Pub. L. 106-386, div. B, title VI,
Sec. 1601(c)(1), Oct. 28, 2000, 114 Stat. 1537.)
REFERENCES IN TEXT
The Peace Corps Act, referred to in subsec. (a)(1)(M), is Pub. L.
87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is
classified principally to chapter 34 (Sec. 2501 et seq.) of Title
22, Foreign Relations and Intercourse. For complete classification
of this Act to the Code, see Short Title note set out under section
2501 of Title 22 and Tables.
The Domestic Volunteer Service Act of 1973, referred to in
subsec. (a)(1)(M), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394,
as amended, which is classified principally to chapter 66 (Sec.
4950 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 4950 of Title 42 and Tables.
The Hate Crime Statistics Act, referred to in subsec. (f)(7), is
Pub. L. 101-275, Apr. 23, 1990, 104 Stat. 140, which is set out as
a note under section 534 of Title 28, Judiciary and Judicial
Procedure.
PRIOR PROVISIONS
A prior section 1092, Pub. L. 89-329, title IV, Sec. 485, as
added Pub. L. 96-374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat.
1449, related to provision of institutional and financial
assistance information for students, prior to the general revision
of this part by Pub. L. 99-498.
Another prior section 1092, Pub. L. 89-329, title V, Sec. 508,
formerly Sec. 502, Nov. 8, 1965, 79 Stat. 1255; renumbered Sec. 508
and amended Pub. L. 90-35, Secs. 2(b), 7, June 29, 1967, 81 Stat.
82, 93, prohibited the making of payments for religious purposes
for authorized programs, prior to repeal by Pub. L. 94-482, title
I, Sec. 151(a)(2), Oct. 12, 1976, 90 Stat. 2151.
AMENDMENTS
2000 - Subsec. (f)(1)(I). Pub. L. 106-386 added subpar. (I).
1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 486(a)(1)(B), in
introductory provisions, inserted after second sentence "Each
eligible institution shall, on an annual basis, provide to all
enrolled students a list of the information that is required to be
provided by institutions to students by this section and section
1232g of this title, together with a statement of the procedures
required to obtain such information."
Pub. L. 105-244, Sec. 486(a)(1)(A), in introductory provisions,
substituted "upon request, through appropriate publications,
mailings, and electronic media, to an enrolled student and to any
prospective student" for ", through appropriate publications and
mailings, to all current students, and to any prospective student
upon request".
Subsec. (a)(1)(F). Pub. L. 105-244, Sec. 486(a)(1)(C), amended
subpar. (F) generally. Prior to amendment, subpar. (F) read as
follows: "a statement of the refund policy of the institution, as
determined under section 1091b of this title, for the return of
unearned tuition and fees or other refundable portion of cost, as
described in subparagraph (E) of this paragraph, which refunds
shall be credited in the following order:
"(i) to outstanding balances on loans under part B of this
subchapter for the period of enrollment for which a refund is
required,
"(ii) to outstanding balances on loans under part C of this
subchapter for the period of enrollment for which a refund is
required,
"(iii) to outstanding balances on loans under part D of this
subchapter for the period of enrollment for which a refund is
required,
"(iv) to awards under subpart 1 of part A of this subchapter,
"(v) to awards under subpart 3 of part A of this subchapter,
"(vi) to other student assistance, and
"(vii) to the student;".
Subsec. (a)(1)(O). Pub. L. 105-244, Sec. 486(a)(1)(D)-(F), added
subpar. (O).
Subsec. (a)(3)(A). Pub. L. 105-244, Sec. 486(a)(2), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "shall, for any academic year beginning more than 270 days
after the Secretary first prescribes final regulations pursuant to
such subparagraph (L), be made available to current and prospective
students prior to enrolling or entering into any financial
obligation; and".
Subsec. (a)(6). Pub. L. 105-244, Sec. 486(a)(3), added par. (6).
Subsec. (b)(1)(A). Pub. L. 105-244, Sec. 486(b)(1), struck out
"(individually or in groups)" after "counseling to borrowers" in
introductory provisions.
Subsec. (b)(2)(C). Pub. L. 105-244, Sec. 486(b)(2), added subpar.
(C).
Subsec. (d). Pub. L. 105-244, Sec. 486(c), designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, and added pars. (2) and (3).
Subsec. (e)(2). Pub. L. 105-244, Sec. 486(d)(1), substituted "the
student's parents, guidance" for "his parents, his guidance" and
inserted at end "If the institution is a member of a national
collegiate athletic association that compiles graduation rate data
on behalf of the association's member institutions that the
Secretary determines is substantially comparable to the information
described in paragraph (1), the distribution of the compilation of
such data to all secondary schools in the United States shall
fulfill the responsibility of the institution to provide
information to a prospective student athlete's guidance counselor
and coach."
Subsec. (e)(9). Pub. L. 105-244, Sec. 486(d)(2), amended par. (9)
generally. Prior to amendment, par. (9) read as follows: "This
subsection shall not be effective until the first July 1 that
follows, by more than 270 days, the date on which the Secretary
first prescribes final regulations pursuant to this subsection. The
reports required by this subsection shall be due on that July 1 and
each succeeding July 1 and shall cover the 1-year period ending
August 31 of the preceding year."
Subsec. (f)(1)(F). Pub. L. 105-244, Sec. 486(e)(1)(A), amended
subpar. (F) generally. Prior to amendment, subpar. (F) read as
follows: "Statistics concerning the occurrence on campus, during
the most recent calendar year, and during the 2 preceding calendar
years for which data are available, of the following criminal
offenses reported to campus security authorities or local police
agencies -
"(i) murder;
"(ii) sex offenses, forcible or nonforcible;
"(iii) robbery;
"(iv) aggravated assault;
"(v) burglary; and
"(vi) motor vehicle theft."
Subsec. (f)(1)(H). Pub. L. 105-244, Sec. 486(e)(1)(B), (C),
redesignated subpar. (I) as (H) and struck out former subpar. (H)
which read as follows: "Statistics concerning the number of arrests
for the following crimes occurring on campus:
"(i) liquor law violations;
"(ii) drug abuse violations; and
"(iii) weapons possessions."
Subsec. (f)(1)(I). Pub. L. 105-244, Sec. 486(e)(1)(C),
redesignated subpar. (I) as (H).
Pub. L. 105-244, Sec. 102(b)(3), substituted "section 1011i" for
"section 1145g".
Subsec. (f)(4). Pub. L. 105-244, Sec. 486(e)(6), added par. (4).
Former par. (4) redesignated (5).
Pub. L. 105-244, Sec. 486(e)(2)(A), which directed the
substitution of "On an annual basis, each" for "Upon request of the
Secretary, each" was executed by making the substitution for "Upon
the request of the Secretary, each" to reflect the probable intent
of Congress.
Pub. L. 105-244, Sec. 486(e)(2)(B), substituted "paragraph
(1)(F)" for "paragraphs (1)(F) and (1)(H)".
Subsec. (f)(4)(A). Pub. L. 105-244, Sec. 486(e)(2)(C)-(E),
substituted "and the Workforce" for "and Labor" and "2000" for
"1995" and struck out "and" at end.
Subsec. (f)(4)(B), (C). Pub. L. 105-244, Sec. 486(e)(2)(F), (G),
added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (f)(5). Pub. L. 105-244, Sec. 486(e)(5), redesignated
par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (f)(5)(A). Pub. L. 105-244, Sec. 486(e)(3), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "For purposes of this subsection, the term 'campus'
includes -
"(i) any building or property owned or controlled by the
institution of higher education within the same reasonably
contiguous geographic area and used by the institution in direct
support of, or related to its educational purposes; or
"(ii) any building or property owned or controlled by student
organizations recognized by the institution."
Subsec. (f)(6). Pub. L. 105-244, Sec. 486(e)(5), redesignated
par. (5) as (6). Former par. (6) redesignated (7).
Pub. L. 105-244, Sec. 486(e)(4), substituted "paragraph (1)(F)"
for "paragraphs (1)(F) and (1)(H)" and inserted at end "Such
statistics shall not identify victims of crimes or persons accused
of crimes."
Subsec. (f)(7), (8). Pub. L. 105-244, Sec. 486(e)(5),
redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (f)(9) to (15). Pub. L. 105-244, Sec. 486(e)(7), added
pars. (9) to (15).
Subsec. (g)(1)(I), (J). Pub. L. 105-244, Sec. 486(f)(1), added
subpars. (I) and (J).
Subsec. (g)(4), (5). Pub. L. 105-244, Sec. 486(f)(2)-(4), added
par. (4), redesignated former par. (4) as (5), and struck out
heading and text of former par. (5). Text read as follows: "The
Secretary shall issue final regulations to implement the
requirements of this subsection not later than 180 days following
October 20, 1994. Each institution described in paragraph (1) shall
make available its first report pursuant to this section not later
than October 1, 1996."
1997 - Subsec. (a)(3)(B). Pub. L. 105-18, Sec. 60001(a)(1),
substituted "August 31" for "June 30".
Subsec. (e)(9). Pub. L. 105-18, Sec. 60001(a)(2), substituted
"August 31" for "August 30".
1996 - Subsec. (e)(9). Pub. L. 104-208 substituted "August 30"
for "June 30".
1994 - Subsec. (g). Pub. L. 103-382 added subsec. (g).
1993 - Subsec. (a)(1)(F)(i) to (iii). Pub. L. 103-208, Sec.
2(h)(28), inserted before comma at end "for the period of
enrollment for which a refund is required".
Subsec. (a)(1)(F)(iv). Pub. L. 103-208, Sec. 2(h)(29), inserted
"under" after "awards".
Subsec. (a)(1)(F)(vi). Pub. L. 103-208, Sec. 2(h)(32),
redesignated cl. (vii) as (vi) and struck out former cl. (vi) which
read as follows: "to awards under part C of subchapter I of chapter
34 of title 42,".
Subsec. (a)(1)(F)(vii). Pub. L. 103-208, Sec. 2(h)(32),
redesignated cl. (viii) as (vii). Former cl. (vii) redesignated
(vi).
Pub. L. 103-208, Sec. 2(h)(30), struck out "provided under this
subchapter and part C of subchapter I of chapter 34 of title 42"
after "student assistance".
Subsec. (a)(1)(F)(viii). Pub. L. 103-208, Sec. 2(h)(32),
redesignated cl. (viii) as (vii).
Pub. L. 103-208, Sec. 2(h)(31), struck out period after
"student".
Subsec. (a)(1)(L). Pub. L. 103-208, Sec. 2(k)(9), amended
directory language of Pub. L. 102-325, Sec. 486(a)(3). See 1992
Amendment note below.
Pub. L. 103-208, Sec. 2(h)(33), inserted comma after "full-time".
Subsec. (a)(3)(A). Pub. L. 103-208, Sec. 2(h)(34), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "shall be available beginning on July 1, 1993, and each
year thereafter to current and prospective students prior to
enrolling or entering into any financial obligation; and".
Subsec. (b)(1)(A), (2)(A). Pub. L. 103-208, Sec. 2(h)(35),
substituted "under part" for "under parts".
Subsec. (d). Pub. L. 103-208, Sec. 2(h)(36), inserted period at
end of penultimate sentence.
Subsec. (e)(9). Pub. L. 103-208, Sec. 2(h)(37), added subpar.
(9).
1992 - Subsec. (a)(1)(F). Pub. L. 102-325, Sec. 486(a)(1),
inserted ", as determined under section 1091b of this title," after
"of the institution" and ", which refunds shall be credited in the
following order:" after "of this paragraph" and added cls. (i) to
(viii).
Subsec. (a)(1)(K). Pub. L. 102-325, Sec. 486(a)(2), struck out
"and" at end.
Subsec. (a)(1)(L). Pub. L. 102-325, Sec. 486(a)(4), redesignated
subpar. (L), relating to deferral or partial cancellation of
student loans, as (M).
Pub. L. 102-325, Sec. 486(a)(3), as amended by Pub. L. 103-208,
Sec. 2(k)(9), amended subpar. (L), relating to completion or
graduation rate, by substituting semicolon for period at end.
Subsec. (a)(1)(M). Pub. L. 102-325, Sec. 486(a)(4), (5),
redesignated subpar. (L), relating to deferral or partial
cancellation of student loans, as (M) and substituted "; and" for
period at end.
Subsec. (a)(1)(N). Pub. L. 102-325, Sec. 486(a)(6), added subpar.
(N).
Subsec. (b). Pub. L. 102-325, Sec. 486(b), amended subsec. (b)
generally, making changes in substance and structure of former text
which related to exit counseling for borrowers and borrower
information.
Subsec. (f)(1)(F). Pub. L. 102-325, Sec. 486(c)(1), amended
subpar. (F) generally. Prior to amendment, subpar. (F) read as
follows: "Statistics concerning the occurrence on campus, during
the most recent calendar year, and during the 2 preceding calendar
years for which data are available, of the following criminal
offenses reported to campus security authorities or local police
agencies -
"(i) murder;
"(ii) rape;
"(iii) robbery;
"(iv) aggravated assault;
"(v) burglary; and
"(vi) motor vehicle theft."
Subsec. (f)(7). Pub. L. 102-325, Sec. 486(c)(2), added par. (7).
1991 - Subsec. (a)(1)(L). Pub. L. 102-26, Sec. 10(a), which
directed the insertion of "undergraduate" after "full-time" in
subpar. (L), was executed to the subpar. (L) added by Pub. L. 101-
542, Sec. 103(a), relating to completion or graduation rate, to
reflect the probable intent of Congress.
Subsec. (a)(3)(A) to (C). Pub. L. 102-26, Sec. 10(b), inserted
"and" at end of subpar. (A), substituted a period for "; and" at
end of subpar. (B), and struck out subpar. (C) which read as
follows: "shall be updated not less than biennially."
Subsec. (a)(5). Pub. L. 102-26, Sec. 10(c), added par. (5).
Subsec. (b). Pub. L. 102-164 substituted "Exit counseling for
borrowers; borrower information" for "Exit counseling for
borrowers" in heading and inserted at end "Each eligible
institution shall require that the borrower of a loan made under
part B, part C, or part D of this subchapter submit to the
institution, during the exit interview required by this subsection,
the borrower's expected permanent address after leaving the
institution, regardless of the reason for leaving; the name and
address of the borrower's expected employer after leaving the
institution; and the address of the borrower's next of kin. In the
case of a loan made under part B of this subchapter, the
institution shall then submit this information to the holder of the
loan."
Subsec. (f)(1). Pub. L. 102-26, Sec. 10(d), substituted "August
1, 1991," for "September 1, 1991," in introductory provisions, and
in subpar. (F) substituted "calendar year" and "calendar years" for
"school year" and "school years", respectively.
1990 - Subsec. (a)(1)(L). Pub. L. 101-610, Sec. 201, added
subpar. (L) relating to deferral or partial cancellation of student
loans.
Pub. L. 101-542, Sec. 103(a), added subpar. (L) relating to
completion or graduation rate.
Subsec. (a)(3), (4). Pub. L. 101-542, Sec. 103(b), added pars.
(3) and (4).
Subsec. (b)(3). Pub. L. 101-610, Sec. 202, added par. (3).
Subsec. (d). Pub. L. 101-610, Sec. 203, inserted before last
sentence "The Secretary shall provide information concerning the
specific terms and conditions under which students may obtain
partial or total cancellation or defer repayment of loans for
service, shall indicate (in terms of the Federal minimum wage) the
maximum level of compensation and allowances that a student
borrower may receive from a tax-exempt organization to qualify for
a deferment, and shall explicitly state that students may qualify
for such partial cancellations or deferments when they serve as a
paid employee of a tax-exempt organization".
Subsec. (e). Pub. L. 101-542, Sec. 104(a), added subsec. (e).
Subsec. (f). Pub. L. 101-542, Sec. 204(a), added subsec. (f).
1987 - Subsec. (b). Pub. L. 100-50, Sec. 15(10), inserted "(other
than loans made pursuant to section 1078-2 of this title)" after
"part B of this subchapter".
Subsec. (d). Pub. L. 100-50, Sec. 15(11), inserted after second
sentence "In addition, such information shall include information
to enable borrowers to assess the practical consequences of loan
consolidation, including differences in deferment eligibility,
interest rates, monthly payments, and finance charges, and samples
of loan consolidation profiles to illustrate such consequences."
CHANGE OF NAME
Committee on Labor and Human Resources of Senate changed to
Committee on Health, Education, Labor, and Pensions of Senate by
Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
1999.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-386, div. B, title VI, Sec. 1601(c)(2), Oct. 28,
2000, 114 Stat. 1538, provided that: "The amendment made by this
subsection [amending this section] shall take effect 2 years after
the date of the enactment of this Act [Oct. 28, 2000]."
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
244, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 60001(b) of Pub. L. 105-18 provided that:
"(1) In General. - Except as provided in paragraph (2), the
amendments made by subsection (a) [amending this section] are
effective upon enactment [June 12, 1997].
"(2) Information dissemination. - No institution shall be
required to comply with the amendment made by subsection (a)(1)
[amending this section] before July 1, 1998."
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-208 effective as if included in the
Higher Education Amendments of 1992, Pub. L. 102-325, except as
otherwise provided, see section 5(a) of Pub. L. 103-208, set out as
a note under section 1051 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 486(a), (b), and (c)(2) of Pub. L. 102-325
effective July 23, 1992, except that changes relating to
disclosures effective with respect to periods of enrollment
beginning on or after July 1, 1993, see section 498 of Pub. L. 102-
325, set out as a note under section 1088 of this title.
Section 486(c)(3) of Pub. L. 102-325 provided that: "The
amendment made by this subsection to subparagraph (F)(ii) of
section 485(f)(1) of the Act [20 U.S.C. 1092(f)(1)(F)(ii)] shall be
effective with respect to reports made pursuant to such section on
or after September 1, 1993. The statistics required by subparagraph
(F) of such section shall -
"(A) in the report required on September 1, 1992, include
statistics concerning the occurrence on campus of offenses during
the period from August 1, 1991, to July 31, 1992;
"(B) in the report required on September 1, 1993, include
statistics concerning the occurrence on campus of offenses during
(i) the period from August 1, 1991, to December 31, 1991, and
(ii) the calendar year 1992;
"(C) in the report required on September 1, 1994, include
statistics concerning the occurrence on campus of offenses during
(i) the period from August 1, 1991, to December 31, 1991, and
(ii) the calendar years 1992 and 1993; and
"(D) in the report required on September 1 of 1995 and each
succeeding year, include statistics concerning the occurrence on
campus of offenses during the three calendar years preceding the
year in which the report is made."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 104(b) of Pub. L. 101-542, as amended by Pub. L. 102-26,
Sec. 10(e), Apr. 9, 1991, 105 Stat. 128, provided that: "The report
to the Secretary of Education required by the amendments made by
this section [amending this section] shall be due on July 1, 1993,
and annually thereafter, and shall cover the one-year period ending
on June 30 of the preceding year."
Section 204(c) of Pub. L. 101-542 provided that: "The amendments
made by this section [amending this section] shall take effect on
September 1, 1991, except that the requirement of section
485(f)(1)(F) and (H) of the Higher Education Act of 1965 [subsec.
(f)(1)(F), (H) of this section] (as added by this section) shall be
applied to require statistics with respect to school years
preceding the date of enactment of this Act [Nov. 8, 1990] only to
the extent that data concerning such years is reasonably
available."
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-50 effective as if enacted as part of
the Higher Education Amendments of 1986, Pub. L. 99-498, see
section 27 of Pub. L. 100-50, set out as a note under section 1001
of this title.
EFFECTIVE DATE
Section effective Oct. 17, 1986, except as otherwise provided,
see section 2 of Pub. L. 99-498, set out as a note under section
1001 of this title.
Subsec. (b) of this section applicable only to periods of
enrollment beginning on or after July 1, 1987, see section 407(b)
of Pub. L. 99-498, set out as a note under section 1091 of this
title.
REGULATIONS
Section 401(a) of Pub. L. 101-542 provided that: "The Secretary
is authorized to issue regulations to carry out the provisions of
this Act [amending this section and sections 1085, 1094, and 1232g
of this title and enacting provisions set out as notes under this
section and section 1001 of this title]."
CONGRESSIONAL FINDINGS
Section 360B(b) of Pub. L. 103-382 provided that: "The Congress
finds that -
"(1) participation in athletic pursuits plays an important role
in teaching young Americans how to work on teams, handle
challenges and overcome obstacles;
"(2) participation in athletic pursuits plays an important role
in keeping the minds and bodies of young Americans healthy and
physically fit;
"(3) there is increasing concern among citizens, educators, and
public officials regarding the athletic opportunities for young
men and women at institutions of higher education;
"(4) a recent study by the National Collegiate Athletic
Association found that in Division I-A institutions, only 20
percent of the average athletic department operations budget of
$1,310,000 is spent on women's athletics; 15 percent of the
average recruiting budget of $318,402 is spent on recruiting
female athletes; the average scholarship expenses for men is
$1,300,000 and $505,246 for women; and an average of 143 grants
are awarded to male athletes and 59 to women athletes;
"(5) female college athletes receive less than 18 percent of
the athletics recruiting dollar and less than 24 percent of the
athletics operating dollar;
"(6) male college athletes receive approximately $179,000,000
more per year in athletic scholarship grants than female college
athletes;
"(7) prospective students and prospective student athletes
should be aware of the commitments of an institution to providing
equitable athletic opportunities for its men and women students;
and
"(8) knowledge of an institution's expenditures for women's and
men's athletic programs would help prospective students and
prospective student athletes make informed judgments about the
commitments of a given institution of higher education to
providing equitable athletic benefits to its men and women
students."
Section 102 of Pub. L. 101-542 provided that: "The Congress finds
that -
"(1) education is fundamental to the development of individual
citizens and the progress of the Nation as a whole;
"(2) there is increasing concern among citizens, educators, and
public officials regarding the academic performance of students
at institutions of higher education;
"(3) a recent study by the National Institute of Independent
Colleges and Universities found that just 43 percent of students
attending 4-year public colleges and universities and 54 percent
of students entering private institutions graduated within 6
years of enrolling;
"(4) the academic performance of student athletes, especially
student athletes receiving football and basketball scholarships,
has been a source of great concern in recent years;
"(5) more than 10,000 athletic scholarships are provided
annually by institutions of higher education;
"(6) prospective students and prospective student athletes
should be aware of the educational commitments of an institution
of higher education; and
"(7) knowledge of graduation rates would help prospective
students and prospective student athletes make an informed
judgment about the educational benefits available at a given
institution of higher education."
Section 202 of Pub. L. 101-542 provided that: "The Congress finds
that -
"(1) the reported incidence of crime, particularly violent
crime, on some college campuses has steadily risen in recent
years;
"(2) although annual 'National Campus Violence Surveys'
indicate that roughly 80 percent of campus crimes are committed
by a student upon another student and that approximately 95
percent of the campus crimes that are violent are alcohol- or
drug-related, there are currently no comprehensive data on campus
crimes;
"(3) out of 8,000 postsecondary institutions participating in
Federal student aid programs, only 352 colleges and universities
voluntarily provide crime statistics directly through the Uniform
Crime Report of the Federal Bureau of Investigation, and other
institutions report data indirectly, through local police
agencies or States, in a manner that does not permit campus
statistics to be separated;
"(4) several State legislatures have adopted or are considering
legislation to require reporting of campus crime statistics and
dissemination of security practices and procedures, but the bills
are not uniform in their requirements and standards;
"(5) students and employees of institutions of higher education
should be aware of the incidence of crime on campus and policies
and procedures to prevent crime or to report occurrences of
crime;
"(6) applicants for enrollment at a college or university, and
their parents, should have access to information about the crime
statistics of that institution and its security policies and
procedures; and
"(7) while many institutions have established crime preventive
measures to increase the safety of campuses, there is a clear
need -
"(A) to encourage the development on all campuses of security
policies and procedures;
"(B) for uniformity and consistency in the reporting of
crimes on campus; and
"(C) to encourage the development of policies and procedures
to address sexual assaults and racial violence on college
campuses."
(!1) So in original. Probably should be "or under".
(!2) So in original. Probably should be "paragraph (1)(G),".