[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3545 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3545

    To protect the academic futures of collegiate student athletes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2013

Mr. Cardenas (for himself, Mr. Cummings, Mr. Rangel, Mr. Ryan of Ohio, 
Mr. Huffman, and Ms. McCollum) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To protect the academic futures of collegiate student athletes.

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

SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.

    (a) Short Title.--This Act may be cited as the ``Collegiate Student 
Athlete Protection Act''.
    (b) Findings.--Congress finds as follows:
            (1) Institutions of higher education that have athletic 
        programs that offer athletically related student aid 
        collectively generate billions of dollars annually from 
        contracts for media rights, and the revenue from such contracts 
        would not exist without the efforts of student athletes.
            (2) Providing adequate health and safety protection for 
        student athletes can help prevent serious injury and death.
            (3) Current and former student athletes are often left to 
        pay for medical expenses incurred from injuries suffered while 
        participating in intercollegiate athletics.
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) institutions of higher education exist to further 
        educate, and to provide an opportunity to acquire a degree to, 
        all students who attend such institutions;
            (2) institutions of higher education should ensure that a 
        sports-related injury does not hinder the opportunity of a 
        student athlete to graduate from the institution of higher 
        education the student athlete attends at the time of such 
        injury;
            (3) institutions of higher education should make graduation 
        of all student athletes a priority, regardless of the on-field 
        performance of the student athletes;
            (4) institutions of higher education should provide student 
        athletes with the same due process protections afforded to 
        students who do not participate in athletics;
            (5) acknowledging the bodily risks taken by the student 
        athletes, institutions of higher education should ensure that 
        student athletes who otherwise could not afford proper health 
        insurance are provided such insurance to pay for sports-related 
        injuries; and
            (6) due to the record level of revenues that athletic 
        programs provide for institutions of higher education, such 
        institutions have the responsibility to provide student 
        athletes with the highest level of education, and to provide 
        effective efforts to ensure that student athletes attain higher 
        education degrees from such institutions.

SEC. 2. PROGRAM PARTICIPATION AGREEMENTS.

    (a) New Requirement for Programs of Assistance.--Section 487(a) of 
the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by 
adding at the end the following:
            ``(30)(A) In the case of an institution that has an 
        athletic program and that annually receives $10,000,000 or more 
        in income derived from media rights (as calculated in 
        accordance with subparagraph (B)) for the athletic program of 
        the institution, the institution will comply with the 
        requirements under subsection (k).
            ``(B) For the purposes of this paragraph, an institution of 
        higher education shall calculate the total amount of income the 
        institution derives annually from media rights by adding--
                    ``(i) annual income derived from any contract for 
                media rights signed with any media entity by the 
                institution, determined by averaging the income derived 
                from the contract annually over the lifetime of the 
                contract;
                    ``(ii) disbursements to the institution as a member 
                institution of an athletic conference, representing 
                member shares of the media rights of such conference; 
                and
                    ``(iii) disbursements to the institution as a 
                participant in an event that is hosted by an entity 
                that--
                            ``(I) hosts intercollegiate sporting 
                        events; and
                            ``(II) sells broadcast or media access to 
                        that event.''.
    (b) Athletic Program Requirements.--Section 487 of the Higher 
Education Act of 1965 (20 U.S.C. 1094) is amended by adding at the end 
the following:
    ``(k) Athletic Program Requirements.--
            ``(1) Definitions.--For the purposes of this subsection and 
        subsection (a)(30), the following definitions shall apply:
                    ``(A) Athletic association.--The term `athletic 
                association' means an organization that is not an 
                institution of higher education and--
                            ``(i) that is responsible for governing 
                        athletic programs at multiple institutions of 
                        higher education; or
                            ``(ii) the primary purpose of which is to 
                        host intercollegiate sporting events and sell 
                        broadcast or media access to such events.
                    ``(B) Athletic program.--The term `athletic 
                program' means an intercollegiate athletic program of 
                an institution of higher education.
                    ``(C) Athletically related student aid.--The term 
                `athletically related student aid' shall have the 
                meaning given such term in section 485(e).
                    ``(D) Graduation success rate.--The term 
                `graduation success rate'--
                            ``(i) means the percentage of student 
                        athletes who graduate from an institution of 
                        higher education not later than 6 years after 
                        initial enrollment at such institution, 
                        including students who transfer to such 
                        institution from another institution, but 
                        excluding students who transfer out of such 
                        institution who are in good academic standing 
                        and, in accordance with the rules of the 
                        athletic association governing such athletic 
                        program, have not exhausted their eligibility 
                        to participate in such program; and
                            ``(ii) shall be calculated using the data 
                        available for the 4 most recent academic years 
                        in the exact manner as the rate is calculated 
                        under the rules of the National Collegiate 
                        Athletic Association on the date of enactment 
                        of the Collegiate Student Athlete Protection 
                        Act.
                    ``(E) Health care professional.--The term `health 
                care professional' means--
                            ``(i) a physician (including a medical 
                        doctor or doctor of osteopathic medicine); or
                            ``(ii) an athletic trainer--
                                    ``(I) who is registered, licensed, 
                                certified, or otherwise statutorily 
                                recognized by the State to provide 
                                treatment; and
                                    ``(II) whose scope of practice and 
                                experience includes the diagnosis and 
                                management of traumatic brain injury.
                    ``(F) Institution of higher education.--The term 
                `institution of higher education' has the meaning given 
                the term in section 102.
                    ``(G) Media rights.--The term `media rights' means 
                contractual rights granted by an institution of higher 
                education or an athletic association to a television 
                network, in exchange for monetary payments to the 
                institution or association, to provide media coverage 
                of the institution's athletic program.
                    ``(H) Student athlete.--The term `student athlete' 
                means a student enrolled at an institution of higher 
                education who participates in an athletic program.
            ``(2) Requirements.--To comply with this subsection for the 
        purposes of subsection (a)(30), an athletic program of an 
        institution of higher education described in subsection (a)(30) 
        shall meet the following requirements:
                    ``(A) Completion of academic program after loss of 
                athletic scholarship.--
                            ``(i) Loss due to injury.--
                                    ``(I) In general.--Each student 
                                athlete who has received or contracted 
                                to receive athletically related student 
                                aid from an institution of higher 
                                education for participation in an 
                                athletic program and who subsequently 
                                becomes ineligible for such aid for all 
                                or part of an academic year due to an 
                                injury or illness resulting from the 
                                athlete's participation in the athletic 
                                program shall, upon a determination by 
                                a physician selected by the institution 
                                and a physician that is not affiliated 
                                with any institution, that the student 
                                athlete is medically ineligible to 
                                participate in such program, be 
                                provided with institutional student aid 
                                for the period described in subclause 
                                (II) in an amount equivalent to the 
                                amount the student would have received 
                                in athletically related student aid for 
                                such academic year (or part thereof) if 
                                the student had not suffered such 
                                injury or illness. The student shall 
                                also receive continued academic 
                                supports, including tutoring, at the 
                                same level received prior to being 
                                deemed medically ineligible, for the 
                                entire period that the student receives 
                                institutional student aid.
                                    ``(II) Period of aid.--The 
                                institution of higher education shall 
                                provide institutional student aid 
                                required under subclause (I) for a 
                                period that, combined with the total 
                                duration of time the student previously 
                                received athletically related student 
                                aid, is equal to 5 academic years, or 
                                until the student athlete completes the 
                                athlete's undergraduate degree, 
                                whichever time period is shorter. The 
                                institution may, at its discretion, 
                                provide institutional student aid for 
                                an additional period.
                                    ``(III) Leave of absence.--In the 
                                case of a student athlete who takes a 
                                leave of absence from an institution of 
                                higher education due to an injury or 
                                illness resulting from the athlete's 
                                participation in an athletic program, 
                                the duration of such leave of absence 
                                shall not be counted as part of the 
                                period of required institutional 
                                student aid due to the student under 
                                subclause (II).
                            ``(ii) Loss due to exhausted eligibility.--
                                    ``(I) In general.--Except as 
                                provided in subclause (III), each 
                                student athlete who has received 
                                athletically related student aid from 
                                an institution of higher education for 
                                participation in an athletic program, 
                                and who is maintaining academic 
                                standing consistent with the 
                                requirements for graduation, but who, 
                                in accordance with the rules of the 
                                athletic association governing such 
                                athletic program, has exhausted the 
                                athlete's athletic eligibility to 
                                participate in such program before the 
                                student has completed an undergraduate 
                                degree shall be provided with 
                                institutional student aid for the 
                                period described in subclause (II) in 
                                an amount equivalent to the amount the 
                                student would have received in 
                                athletically related student aid if the 
                                student's athletic eligibility were not 
                                exhausted.
                                    ``(II) Period of aid.--The 
                                institution shall provide institutional 
                                student aid required under subclause 
                                (I) for a period of 1 year, or until 
                                the student athlete completes an 
                                undergraduate degree, whichever time 
                                period is shorter.
                                    ``(III) Exception.--An institution 
                                of higher education shall not be 
                                required to provide institutional 
                                student aid to a student athlete in 
                                accordance with subclause (I) if such 
                                student athlete received athletically 
                                related student aid from the 
                                institution for participation in a team 
                                sport with a graduation success rate 
                                for such team that is 70 percent or 
                                higher.
                            ``(iii) Involuntary loss for any reason 
                        other than for cause.--
                                    ``(I) In general.--A student 
                                athlete who has received athletically 
                                related student aid from an institution 
                                of higher education for participation 
                                in an athletic program and who is 
                                maintaining academic standing 
                                consistent with the requirements for 
                                graduation, but who will not receive 
                                such aid for all or part of an academic 
                                year because the student was 
                                involuntarily dismissed from 
                                participation in such athletic program 
                                shall be provided with institutional 
                                student aid in an amount equivalent to 
                                the amount the student would have 
                                received in athletically related 
                                student aid for such academic year (or 
                                part thereof) if the student had not 
                                been dismissed.
                                    ``(II) Period of aid.--The 
                                institution shall provide institutional 
                                student aid required under subclause 
                                (I) for a period that, combined with 
                                the total duration of time the student 
                                previously received athletically 
                                related student aid, is equal to 5 
                                academic years, or until the student 
                                athlete completes the athlete's 
                                undergraduate degree, whichever is time 
                                period shorter. The institution may, at 
                                its discretion, provide institutional 
                                student aid for an additional period.
                            ``(iv) Loss for cause.--
                                    ``(I) In general.--Notwithstanding 
                                clauses (i) through (iii), a student 
                                athlete who has received athletically 
                                related student aid from an institution 
                                of higher education for participation 
                                in an athletic program shall not be 
                                eligible for institutional student aid 
                                required under this paragraph if the 
                                student is dismissed from participation 
                                in such program or otherwise denied 
                                such aid for cause, except that a 
                                student athlete may appeal the loss of 
                                athletically related student aid to the 
                                institution or an athletic association 
                                of which the institution is a member, 
                                as appropriate.
                                    ``(II) For cause.--In this clause, 
                                the term `for cause' means that the 
                                student was found by the institution of 
                                higher education to have violated 
                                academic or disciplinary standards of 
                                the institution.
                    ``(B) Mandatory workshop.--At the beginning of each 
                academic year, each first-year and third-year student 
                athlete shall be required to attend and complete an 
                `Athletics Participation Readiness' workshop conducted 
                by the institution of higher education. Such workshop 
                shall include--
                            ``(i) information about the long-term 
                        dangers of concussions and head injuries that 
                        shall be administered by a health care 
                        professional and include recent data from the 
                        Centers for Disease Control and Prevention;
                            ``(ii) information concerning financial aid 
                        and debt management;
                            ``(iii) a recommended budget for student 
                        athletes for the academic year, based on the 
                        institution's cost of attendance for such 
                        academic year, that accounts for whether the 
                        student athlete receives athletically related 
                        student aid that covers all or part of such 
                        cost, and whether the student lives on or off 
                        campus;
                            ``(iv) information on time management 
                        skills necessary for success as a student 
                        athlete;
                            ``(v) academic resources available on 
                        campus, including tutoring, career development, 
                        and career search resources; and
                            ``(vi) an explanation of the institution's 
                        responsibilities and obligations to the student 
                        athletes with respect to scholarship renewal, 
                        medical insurance, and medical payments for 
                        injury and illness resulting from participation 
                        in an athletic program.
                    ``(C) Disciplinary actions.--A student athlete who 
                faces loss or reduction of athletically related student 
                aid for a violation of a disciplinary standard of the 
                institution of higher education shall be provided the 
                opportunity for a formal administrative hearing, not 
                less than 1 appeal, and any other due process procedure 
                the Secretary determines by regulation to be necessary.
                    ``(D) Transfer requests.--Each request by a student 
                athlete submitted to the institution of higher 
                education for a transfer to another institution of 
                higher education shall be granted or denied by the 
                institution at which the student is enrolled not later 
                than 7 business days after the date on which such 
                request is submitted to such institution.
                    ``(E) Health care costs.--
                            ``(i) Pell eligible students.--Except as 
                        provided in clause (iv), each student athlete 
                        who is eligible to receive a Federal Pell Grant 
                        under subpart 1 of part A, shall be provided 
                        with institutional aid, paid to the student 
                        directly or to the insurer of such student on 
                        the student's behalf, in an amount sufficient 
                        to cover--
                                    ``(I) during the period of the 
                                student's participation in an athletic 
                                program of the institution--
                                            ``(aa) the premium 
                                        applicable to the insurance 
                                        plan in which the student is 
                                        enrolled;
                                            ``(bb) any deductible 
                                        applicable to such plan; and
                                            ``(cc) any other cost-
                                        sharing or other out-of-pocket 
                                        expenses of the student with 
                                        respect to such plan, including 
                                        co-payments; and
                                    ``(II) in the case in which the 
                                student suffers an injury or illness 
                                resulting from the student's 
                                participation in an athletic program of 
                                the institution--
                                            ``(aa) the health insurance 
                                        costs described in items (aa) 
                                        through (cc) of subclause (I) 
                                        during the period of the 
                                        student's participation in an 
                                        athletic program of the 
                                        institution; and
                                            ``(bb) the costs described 
                                        in subclauses (I) through (III) 
                                        of clause (ii) for the duration 
                                        described in clause (iii).
                            ``(ii) Injury-related costs.--Except as 
                        provided in clause (iv), each student athlete 
                        who suffers an injury or illness resulting from 
                        the student's participation in an athletic 
                        program of the institution shall be provided 
                        with institutional aid, paid to the student 
                        directly or to the insurer of such student on 
                        the student's behalf, in an amount sufficient 
                        to cover--
                                    ``(I) the premium applicable to the 
                                insurance plan in which the student is 
                                enrolled;
                                    ``(II) any deductible applicable to 
                                such plan; and
                                    ``(III) for a period of not less 
                                than 2 years after the student 
                                athlete's graduation or separation from 
                                the institution--
                                            ``(aa) any other cost-
                                        sharing expenses of the student 
                                        with respect to such plan, 
                                        including co-payments; and
                                            ``(bb) any out-of-pocket 
                                        expenses of the student with 
                                        respect to such injury or 
                                        illness.
                            ``(iii) Duration of aid.--An institution 
                        shall provide a student athlete with the 
                        institutional aid required under clause (ii)--
                                    ``(I) until the student's injury or 
                                illness has been resolved and the 
                                student has been cleared by a physician 
                                to resume participation in an athletic 
                                program; or
                                    ``(II) in the case of a student who 
                                is suffering from an injury or illness 
                                that requires ongoing medical 
                                treatment, for a period of not less 
                                than 2 years after the student 
                                athlete's graduation or separation from 
                                the institution.
                            ``(iv) Preexisting conditions.--An 
                        institution shall not be required to provide 
                        institutional aid to a student athlete under 
                        clause (i) or (ii) for any preexisting medical 
                        condition that predates the student athlete's 
                        participation in the athletic program.
                    ``(F) Emergency action plans and written 
                policies.--The institution shall have--
                            ``(i) venue-specific Emergency Action Plans 
                        that are coordinated by the institution's 
                        health care professional or sports medicine 
                        staff and regularly rehearsed with local 
                        emergency personnel to prevent, assess, and 
                        treat sports-related injuries; and
                            ``(ii) written policies and guidelines 
                        related to exercise for and supervision of any 
                        student athlete identified before or during 
                        participation in an athletic program of the 
                        institution to have a medical condition that is 
                        potentially life-threatening and that could be 
                        affected by the student athlete's participation 
                        in such program.
                    ``(G) Sports-related concussions.--The institution 
                shall provide annual baseline concussion testing of 
                each student athlete on the active roster of each team 
                participating in a contact or collision sport or a 
                limited-contact or impact sport (based on the most 
                recent classification of sports published by the 
                Committee on Sports Medicine of the American Academy of 
                Pediatrics) that is administered by health care 
                professionals employed by the institution before such 
                student athlete may participate in any contact drills 
                or activities.
                    ``(H) Compliance costs.--Costs to the institution 
                resulting from compliance with this paragraph shall be 
                paid exclusively from institutional revenue derived 
                from income described in subsection (a)(30)(B).''.
                                 <all>