[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5743 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5743

 To establish a commission to identify and examine issues of national 
 concern related to the conduct of intercollegiate athletics, to make 
    recommendations for the resolution of the issues, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2014

Mr. Moran (for himself, Mr. Rush, Mr. George Miller of California, Mr. 
  Scott of Virginia, Mr. Van Hollen, Mr. Holt, Mr. Sensenbrenner, Mr. 
   Runyan, Mr. Dent, Mr. Cardenas, and Mr. McGovern) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To establish a commission to identify and examine issues of national 
 concern related to the conduct of intercollegiate athletics, to make 
    recommendations for the resolution of the issues, and for other 
                               purposes.

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

SECTION 1. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) properly conducted intercollegiate athletic programs 
        contribute to the beneficial development of student athletes 
        and the vibrancy of campus life at institutions of higher 
        education;
            (2) recent events pose grave threats to the financial 
        stability of athletic programs at institutions of higher 
        education and create pressure on institutions of higher 
        education to consider eliminating non-revenue Olympic sports or 
        increasing general fund, student fee, and donor subsidies to 
        athletics at a time when such resources are needed for priority 
        academic programs;
            (3) there are concerns about the health and safety needs of 
        student athletes with regard to adequacy of injury protections 
        and other medical protocols;
            (4) academic integrity at institutions of higher education 
        is threatened by increased incidences of academic fraud 
        involving student athletes, failure to provide adequate 
        remedial programs for academically unprepared admitted 
        athletes, and excessive athletics time demands;
            (5) student athletes faced with loss of financial aid and 
        other benefits and National Collegiate Athletic Association 
        (NCAA) member institutions in danger of financial penalties, 
        loss of media rights, and public embarrassment due to alleged 
        rules violations are not being afforded adequate due process;
            (6) the NCAA, member institutions of the NCAA, and college 
        presidents have not adequately addressed these issues; and
            (7) reform is so complex and important to higher education 
        that a blue ribbon commission of sport experts and members of 
        Congress should be convened to objectively study these issues 
        and propose solutions.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the Presidential 
Commission on Intercollegiate Athletics.

SEC. 3. DUTIES.

    (a) Review.--The Commission shall review and analyze the following 
issues related to intercollegiate athletics:
            (1) The interaction of athletics and academics, including--
                    (A) the extent to which existing athletic practices 
                allow student athletes to succeed as both students and 
                athletes;
                    (B) how athletics affect the academic mission, 
                academic integrity, and credit worthiness of 
                institutions of higher education;
                    (C) graduation rates of student athletes; and
                    (D) standards of academic eligibility for 
                participation in and terms of scholarships for student 
                athletes.
            (2) The financing of intercollegiate athletics, including--
                    (A) sources of revenue, including student fees, 
                media contracts, and licensing agreements;
                    (B) expenditures of revenue, including compliance 
                with title IX of the Education Amendments of 1972, 
                coaching salaries, and facilities development;
                    (C) the ability of institutions of higher education 
                to finance intercollegiate athletics;
                    (D) the financial transparency of intercollegiate 
                athletics;
                    (E) the criteria for receipt of financial 
                disbursements or rewards from athletic membership 
                associations;
                    (F) rules related to earnings and benefits by 
                student athletes, including the possibility of 
                commercial compensation for the use of the names, 
                images, and likenesses of student athletes and whether 
                a student athlete may retain a personal representative 
                to negotiate on behalf of the student athlete;
                    (G) tax regulations related to revenue from 
                intercollegiate athletics; and
                    (H) Federal judicial decisions that affect 
                compensation for student athletes or the right of 
                student athletes to organize as a collective bargaining 
                unit.
            (3) Recruitment and retention of student athletes, 
        including rules related to--
                    (A) professional sports participation;
                    (B) transfer of student athletes to other 
                institutions; and
                    (C) recruitment and representations made to 
                potential student athletes.
            (4) Oversight and governance practices.
            (5) Health and safety protections for student athletes.
            (6) Due process and other protections related to the 
        enforcement of rules and regulations related to student 
        athletes.
            (7) Any other issues the Commission considers relevant to 
        understanding the state of intercollegiate athletics.
    (b) Recommendations.--The Commission shall develop recommendations 
regarding the issues identified in subsection (a) based on the review 
and analysis of the issues under such subsection.

SEC. 4. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 17 members 
appointed as follows:
            (1) Five members appointed by the President, in 
        consultation with the Secretary of Education and the Attorney 
        General.
            (2) Three members appointed by the Speaker of the House of 
        Representatives, including--
                    (A) one Member of the House of Representatives; and
                    (B) two individuals who are not Members of 
                Congress.
            (3) Three members appointed by the minority leader of the 
        House of Representatives, including--
                    (A) one Member of the House of Representatives; and
                    (B) two individuals who are not Members of 
                Congress.
            (4) Three members appointed by the majority leader of the 
        Senate, including--
                    (A) one Member of the Senate; and
                    (B) two individuals who are not Members of 
                Congress.
            (5) Three members appointed by the minority leader of the 
        Senate, including--
                    (A) one Member of the Senate; and
                    (B) two individuals who are not Members of 
                Congress.
    (b) Qualifications.--Appointments shall be made from individuals 
who are specially qualified to serve on the Commission by virtue of 
their education, training, or experience.
    (c) Vacancy.--Any vacancy on the Commission shall not affect the 
powers of the Commission, but shall be filled in the manner in which 
the original appointment was made.
    (d) Chair.--The Chair of the Commission shall be elected by the 
members.
    (e) Reimbursement; Service Without Pay.--Members of the Commission 
shall serve without pay, except members of the Commission shall be 
entitled to reimbursement for travel, subsistence, and other necessary 
expenses incurred by them in carrying out the functions of the 
Commission, in the same manner as persons employed intermittently by 
the Federal Government are allowed expenses under section 5703 of title 
5, United States Code.

SEC. 5. STAFF.

    The Commission may appoint and fix the compensation of a staff 
director and such other personnel as may be necessary to enable the 
Commission to carry out its functions, without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no rate of 
pay fixed under this paragraph may exceed the equivalent of that 
payable for a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code.

SEC. 6. MEETINGS.

    (a) In General.--The Commission shall meet at the call of the Chair 
or of a majority of its members.
    (b) First Meeting.--The first such meeting shall occur not later 
than 90 days after the date of the enactment of this Act.

SEC. 7. POWERS.

    (a) In General.--The Commission may, for the purpose of carrying 
out this Act, hold hearings, sit and act at times and places, take 
testimony, and receive evidence as the Commission considers 
appropriate.
    (b) Delegation.--Any member or agent of the Commission may, if 
authorized by the Commission, take any action which the Commission is 
authorized to take by this section.
    (c) Access to Information.--The Commission may secure directly from 
any department or agency of the United States information necessary to 
enable it to carry out this Act. Upon request of the Commission, the 
head of such department or agency shall furnish such information to the 
Commission.
    (d) Use of Mails.--The Commission may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the United States.
    (e) Administrative Support.--The Administrator of General Services 
shall provide to the Commission on a reimbursable basis such 
administrative support services as the Commission may request that are 
necessary for the Commission to carry out its responsibilities under 
this Act.

SEC. 8. REPORT.

    Not later than the date that is 1 year after the date of the first 
meeting of the Commission, the Commission shall submit to the President 
and the Congress a written report of its findings and recommendations 
based on the review and analysis required by section 3.

SEC. 9. TERMINATION.

    The Commission shall terminate on the date that is 30 days after 
the date on which the Commission submits the report required by section 
8.

SEC. 10. DEFINITIONS.

    (a) Commission.--In this Act, the term ``Commission'' means the 
Presidential Commission on Intercollegiate Athletics established by 
section 2.
    (b) Institution of Higher Education.--In this Act, the term 
``institution of higher education'' means any institution that--
            (1) meets the definition in section 102(a)(1) of the Higher 
        Education Act of 1965 (20 U.S.C. 1002(a)(1)); and
            (2) has student athletes who are eligible for Federal 
        student loans.
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