[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5289 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5289

  To provide institutions of higher education with a right of action 
   against entities that improperly regulate intercollegiate sports 
                              activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2006

Mr. Johnson of Illinois (for himself, Mr. Hastert, Mr. Boyd, Mr. Boren, 
and Mr. Costello) introduced the following bill; which was referred to 
              the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To provide institutions of higher education with a right of action 
   against entities that improperly regulate intercollegiate sports 
                              activities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of University Governance 
Act of 2006''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Voluntary collegiate self-regulation of intercollegiate 
        sports activities is a traditional and desirable undertaking.
            (2) The regulation of intercollegiate sports activities 
        significantly affects interstate commerce.
            (3) Any attempt by an entity that regulates intercollegiate 
        sports activities to impose its view of correct social policy 
        on institutions of higher education participating in such 
        activities is inimical to the traditions of higher education in 
        America and is inconsistent with university governance and 
        academic freedom. Attempts to regulate institutions in this 
        manner detract from the diversity of America and the 
        independence of thought and spirit that are the essence of 
        higher education in this Nation.

SEC. 3. IMPROPER ACTIONS BY ENTITIES THAT REGULATE INTERCOLLEGIATE 
              SPORTS ACTIVITIES.

    (a) In General.--An entity that regulates intercollegiate sports 
activities shall not impose any penalty or sanction on, or deny any 
benefit to, an institution of higher education by reason of the team 
name, symbol, emblem, or mascot of any intercollegiate sports activity 
of such institution.
    (b) Liability.--An entity that regulates intercollegiate sports 
activities shall be liable to an institution of higher education that 
is aggrieved by such entity as a result of any violation of subsection 
(a). In any action brought under this subsection, the entity that 
regulates intercollegiate sports activities may be subject to 
injunction and shall be liable to the aggrieved institution of higher 
education for any damages caused thereby, including reasonable 
attorneys' fees and costs.
    (c) Jurisdiction.--Any action brought under subsection (b) may be 
filed in an appropriate district court of the United States.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Entity that regulates intercollegiate sports 
        activities.--The term ``entity that regulates intercollegiate 
        sports activities'' means any entity that regulates 
        intercollegiate sports activities and that is not a Federal, 
        State, Tribal, territorial, or local government entity.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' means an institution 
        defined in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), except that such term does not include an 
        institution described in subsection (a)(1)(C) of that section.

SEC. 5. SEVERABILITY AND EFFECTIVE DATE.

    (a) Severability.--The provisions of this Act are severable. If any 
provision of this Act, or any application thereof, is found 
unconstitutional, that finding shall not affect any provision or 
application of the Act not so adjudicated.
    (b) Effective Date.--This Act shall apply to any violation of 
section 3(a) by an entity that regulates intercollegiate sports 
activities which occurs on or after August 4, 2005.
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