[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2672 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2672

To amend section 487(a) of the Higher Education Act of 1965 to provide 
  increased accountability of nonprofit athletic associations and to 
   establish a commission to identify and examine issues of national 
 concern related to the conduct of intercollegiate athletics, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2019

  Mr. Katko (for himself and Mr. Rush) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend section 487(a) of the Higher Education Act of 1965 to provide 
  increased accountability of nonprofit athletic associations and to 
   establish a commission to identify and examine issues of national 
 concern related to the conduct of intercollegiate athletics, 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. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``National 
Collegiate Athletics Accountability Act'', or the ``NCAA Act''.
    (b) Findings.--The Congress finds as follows:
            (1) In fiscal year 2019, approximately $130,400,000,000 of 
        Federal aid was available for higher education under title IV 
        of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
        including over $29,000,000,000 in Federal Pell Grants.
            (2) Funding under title IV of such Act is used to provide 
        grants, loans, and work-study funds from the Federal Government 
        to eligible students enrolled in institutions of higher 
        education, including career schools.
            (3) Many institutions of higher education participate in 
        voluntary, nonprofit athletic associations and athletic 
        conferences, with the largest such association having over 
        1,000 member institutions of higher education with more than 
        470,000 students participating in athletics.
            (4) Athletic programs at institutions of higher education 
        are some of the largest revenue generators for such 
        institutions nationwide, accounting for billions of dollars in 
        annual revenue from ticket sales, radio and television 
        receipts, alumni contributions, guarantees, royalties, and 
        association distributions.

SEC. 2. PROGRAM PARTICIPATION AGREEMENTS.

    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) In the case of an institution that has an 
        intercollegiate athletic program, the institution will not be a 
        member of a nonprofit athletic association unless such 
        association--
                    ``(A) requires 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) before such student athlete may participate 
                in any contact drills or activities;
                    ``(B) prior to enforcing any remedy for an alleged 
                infraction or violation of the policies of such 
                association--
                            ``(i) provides institutions and student 
                        athletes with the opportunity for a formal 
                        administrative hearing, not less than one 
                        appeal, and any other due process procedure the 
                        Secretary determines by regulation to be 
                        necessary; and
                            ``(ii) holds in abeyance any such remedy 
                        until all appeals have been exhausted or until 
                        the deadline to appeal has passed, whichever is 
                        sooner;
                    ``(C) with respect to institutions attended by 
                students receiving athletically related student aid (as 
                defined in section 485(e)), requires any such 
                athletically related student aid provided to student 
                athletes who play a contact or collision sport (based 
                on the most recent classification of sports published 
                by the Committee on Sports Medicine of the American 
                Academy of Pediatrics) to be--
                            ``(i) guaranteed for the duration of the 
                        student athlete's attendance at the 
                        institution, up to 5 years; and
                            ``(ii) irrevocable for reasons related to 
                        athletic skill or injury of the student 
                        athlete; and
                    ``(D) does not have in place a policy restricting 
                the ability of institutions to pay stipends to student 
                athletes.''.

SEC. 3. PRESIDENTIAL COMMISSION ON INTERCOLLEGIATE ATHLETICS.

    (a) Establishment.--There is established a commission to be known 
as the Presidential Commission on Intercollegiate Athletics.
    (b) Duties.--
            (1) Review.--The Commission shall review and analyze the 
        following issues related to intercollegiate athletics:
                    (A) The interaction of athletics and academics, 
                including--
                            (i) the extent to which existing athletic 
                        practices allow student athletes to succeed as 
                        both students and athletes;
                            (ii) how athletics affect the academic 
                        mission, academic integrity, and credit 
                        worthiness of institutions of higher education;
                            (iii) graduation rates of student athletes; 
                        and
                            (iv) standards of academic eligibility for 
                        participation in and terms of scholarships for 
                        student athletes.
                    (B) The financing of intercollegiate athletics, 
                including--
                            (i) sources of revenue, including student 
                        fees, media contracts, and licensing 
                        agreements;
                            (ii) expenditures of revenue, including 
                        compliance with title IX of the Education 
                        Amendments of 1972, coaching salaries, and 
                        facilities development;
                            (iii) the ability of institutions of higher 
                        education to finance intercollegiate athletics;
                            (iv) the financial transparency of 
                        intercollegiate athletics;
                            (v) the criteria for receipt of financial 
                        disbursements or rewards from athletic 
                        membership associations;
                            (vi) 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;
                            (vii) tax regulations related to revenue 
                        from intercollegiate athletics; and
                            (viii) Federal judicial decisions that 
                        affect compensation for student athletes or the 
                        right of student athletes to organize as a 
                        collective bargaining unit.
                    (C) Recruitment and retention of student athletes, 
                including rules related to--
                            (i) professional sports participation;
                            (ii) transfer of student athletes to other 
                        institutions; and
                            (iii) recruitment and representations made 
                        to potential student athletes.
                    (D) Oversight and governance practices.
                    (E) Health and safety protections for student 
                athletes.
                    (F) Due process and equal enforcement related to 
                rules and regulations for student athletes.
                    (G) Any other issues the Commission considers 
                relevant to understanding the state of intercollegiate 
                athletics.
            (2) Recommendations.--The Commission shall develop 
        recommendations regarding the issues identified in paragraph 
        (1) based on the review and analysis of the issues under such 
        paragraph.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of 17 
        members appointed as follows:
                    (A) Five members appointed by the President, in 
                consultation with the Secretary of Education and the 
                Attorney General.
                    (B) Three members appointed by the Speaker of the 
                House of Representatives, including--
                            (i) one Member of the House of 
                        Representatives; and
                            (ii) two individuals who are not Members of 
                        Congress.
                    (C) Three members appointed by the minority leader 
                of the House of Representatives, including--
                            (i) one Member of the House of 
                        Representatives; and
                            (ii) two individuals who are not Members of 
                        Congress.
                    (D) Three members appointed by the majority leader 
                of the Senate, including--
                            (i) one Member of the Senate; and
                            (ii) two individuals who are not Members of 
                        Congress.
                    (E) Three members appointed by the minority leader 
                of the Senate, including--
                            (i) one Member of the Senate; and
                            (ii) two individuals who are not Members of 
                        Congress.
            (2) Qualifications.--Appointments shall be made from 
        individuals who are specially qualified to serve on the 
        Commission by virtue of their education, training, or 
        experience.
            (3) 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.
            (4) Chair.--The Chair of the Commission shall be elected by 
        the members.
            (5) 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.
    (d) 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.
    (e) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Chair or of a majority of its members. The Commission shall 
        meet on at least a biannual basis.
            (2) First meeting.--The first such meeting shall occur not 
        later than 90 days after the date of the enactment of this Act.
    (f) Powers.--
            (1) In general.--The Commission may, for the purpose of 
        carrying out this section, hold hearings, sit and act at times 
        and places, take testimony, and receive evidence as the 
        Commission considers appropriate.
            (2) 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 subsection.
            (3) 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 section. 
        Upon request of the Commission, the head of such department or 
        agency shall furnish such information to the Commission.
            (4) 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.
            (5) 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 section.
    (g) 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, the Chair and Ranking Member of the Committee on 
Education and Labor of the House of Representatives, and the Chair and 
Ranking Member of the Committee on Health, Education, Labor, and 
Pensions of the Senate, a written report of its findings and 
recommendations based on the review and analysis required by subsection 
(b).
    (h) Termination.--The Commission shall terminate on the date that 
is 30 days after the date on which the Commission submits the report 
required by subsection (g).
    (i) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the 
        Presidential Commission on Intercollegiate Athletics 
        established by subsection (a).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' means any institution of 
        higher education that--
                    (A) meets the definition in section 102(a)(1) of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1002(a)(1)); and
                    (B) has student athletes who are eligible for 
                Federal student loans.
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