NCAA Act

I 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 ath- letic associations and to establish a commission to iden- tify 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; FINDINGS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘National Collegiate Athletics Accountability Act’’, or the 5 ‘‘NCAA Act’’. 6 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2672 IH (b) FINDINGS.—The Congress finds as follows: 1 (1) In fiscal year 2019, approximately 2 $130,400,000,000 of Federal aid was available for 3 higher education under title IV of the Higher Edu- 4 cation Act of 1965 (20 U.S.C. 1070 et seq.), includ- 5 ing over $29,000,000,000 in Federal Pell Grants. 6 (2) Funding under title IV of such Act is used 7 to provide grants, loans, and work-study funds from 8 the Federal Government to eligible students enrolled 9 in institutions of higher education, including career 10 schools. 11 (3) Many institutions of higher education par- 12 ticipate in voluntary, nonprofit athletic associations 13 and athletic conferences, with the largest such asso- 14 ciation having over 1,000 member institutions of 15 higher education with more than 470,000 students 16 participating in athletics. 17 (4) Athletic programs at institutions of higher 18 education are some of the largest revenue generators 19 for such institutions nationwide, accounting for bil- 20 lions of dollars in annual revenue from ticket sales, 21 radio and television receipts, alumni contributions, 22 guarantees, royalties, and association distributions. 23 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2672 IH SEC. 2. PROGRAM PARTICIPATION AGREEMENTS. 1 Section 487(a) of the Higher Education Act of 1965 2 (20 U.S.C. 1094(a)) is amended by adding at the end the 3 following: 4 ‘‘(30) In the case of an institution that has an 5 intercollegiate athletic program, the institution will 6 not be a member of a nonprofit athletic association 7 unless such association— 8 ‘‘(A) requires annual baseline concussion 9 testing of each student athlete on the active 10 roster of each team participating in a contact 11 or collision sport or a limited-contact or impact 12 sport (based on the most recent classification of 13 sports published by the Committee on Sports 14 Medicine of the American Academy of Pediat- 15 rics) before such student athlete may partici- 16 pate in any contact drills or activities; 17 ‘‘(B) prior to enforcing any remedy for an 18 alleged infraction or violation of the policies of 19 such association— 20 ‘‘(i) provides institutions and student 21 athletes with the opportunity for a formal 22 administrative hearing, not less than one 23 appeal, and any other due process proce- 24 dure the Secretary determines by regula- 25 tion to be necessary; and 26 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2672 IH ‘‘(ii) holds in abeyance any such rem- 1 edy until all appeals have been exhausted 2 or until the deadline to appeal has passed, 3 whichever is sooner; 4 ‘‘(C) with respect to institutions attended 5 by students receiving athletically related stu- 6 dent aid (as defined in section 485(e)), requires 7 any such athletically related student aid pro- 8 vided to student athletes who play a contact or 9 collision sport (based on the most recent classi- 10 fication of sports published by the Committee 11 on Sports Medicine of the American Academy 12 of Pediatrics) to be— 13 ‘‘(i) guaranteed for the duration of 14 the student athlete’s attendance at the in- 15 stitution, up to 5 years; and 16 ‘‘(ii) irrevocable for reasons related to 17 athletic skill or injury of the student ath- 18 lete; and 19 ‘‘(D) does not have in place a policy re- 20 stricting the ability of institutions to pay sti- 21 pends to student athletes.’’. 22 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 5 •HR 2672 IH SEC. 3. PRESIDENTIAL COMMISSION ON INTERCOLLEGIATE 1 ATHLETICS. 2 (a) ESTABLISHMENT.—There is established a com- 3 mission to be known as the Presidential Commission on 4 Intercollegiate Athletics. 5 (b) DUTIES.— 6 (1) REVIEW.—The Commission shall review and 7 analyze the following issues related to intercollegiate 8 athletics: 9 (A) The interaction of athletics and aca- 10 demics, including— 11 (i) the extent to which existing ath- 12 letic practices allow student athletes to 13 succeed as both students and athletes; 14 (ii) how athletics affect the academic 15 mission, academic integrity, and credit 16 worthiness of institutions of higher edu- 17 cation; 18 (iii) graduation rates of student ath- 19 letes; and 20 (iv) standards of academic eligibility 21 for participation in and terms of scholar- 22 ships for student athletes. 23 (B) The financing of intercollegiate ath- 24 letics, including— 25 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 6 •HR 2672 IH (i) sources of revenue, including stu- 1 dent fees, media contracts, and licensing 2 agreements; 3 (ii) expenditures of revenue, including 4 compliance with title IX of the Education 5 Amendments of 1972, coaching salaries, 6 and facilities development; 7 (iii) the ability of institutions of high- 8 er education to finance intercollegiate ath- 9 letics; 10 (iv) the financial transparency of 11 intercollegiate athletics; 12 (v) the criteria for receipt of financial 13 disbursements or rewards from athletic 14 membership associations; 15 (vi) rules related to earnings and ben- 16 efits by student athletes, including the pos- 17 sibility of commercial compensation for the 18 use of the names, images, and likenesses of 19 student athletes and whether a student 20 athlete may retain a personal representa- 21 tive to negotiate on behalf of the student 22 athlete; 23 (vii) tax regulations related to revenue 24 from intercollegiate athletics; and 25 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 7 •HR 2672 IH (viii) Federal judicial decisions that 1 affect compensation for student athletes or 2 the right of student athletes to organize as 3 a collective bargaining unit. 4 (C) Recruitment and retention of student 5 athletes, including rules related to— 6 (i) professional sports participation; 7 (ii) transfer of student athletes to 8 other institutions; and 9 (iii) recruitment and representations 10 made to potential student athletes. 11 (D) Oversight and governance practices. 12 (E) Health and safety protections for stu- 13 dent athletes. 14 (F) Due process and equal enforcement re- 15 lated to rules and regulations for student ath- 16 letes. 17 (G) Any other issues the Commission con- 18 siders relevant to understanding the state of 19 intercollegiate athletics. 20 (2) RECOMMENDATIONS.—The Commission 21 shall develop recommendations regarding the issues 22 identified in paragraph (1) based on the review and 23 analysis of the issues under such paragraph. 24 (c) MEMBERSHIP.— 25 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 8 •HR 2672 IH (1) IN GENERAL.—The Commission shall be 1 composed of 17 members appointed as follows: 2 (A) Five members appointed by the Presi- 3 dent, in consultation with the Secretary of Edu- 4 cation and the Attorney General. 5 (B) Three members appointed by the 6 Speaker of the House of Representatives, in- 7 cluding— 8 (i) one Member of the House of Rep- 9 resentatives; and 10 (ii) two individuals who are not Mem- 11 bers of Congress. 12 (C) Three members appointed by the mi- 13 nority leader of the House of Representatives, 14 including— 15 (i) one Member of the House of Rep- 16 resentatives; and 17 (ii) two individuals who are not Mem- 18 bers of Congress. 19 (D) Three members appointed by the ma- 20 jority leader of the Senate, including— 21 (i) one Member of the Senate; and 22 (ii) two individuals who are not Mem- 23 bers of Congress. 24 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 9 •HR 2672 IH (E) Three members appointed by the mi- 1 nority leader of the Senate, including— 2 (i) one Member of the Senate; and 3 (ii) two individuals who are not Mem- 4 bers of Congress. 5 (2) QUALIFICATIONS.—Appointments shall be 6 made from individuals who are specially qualified to 7 serve on the Commission by virtue of their edu- 8 cation, training, or experience. 9 (3) VACANCY.—Any vacancy on the Commis- 10 sion shall not affect the powers of the Commission, 11 but shall be filled in the manner in which the origi- 12 nal appointment was made. 13 (4) CHAIR.—The Chair of the Commission shall 14 be elected by the members. 15 (5) REIMBURSEMENT; SERVICE WITHOUT 16 PAY.—Members of the Commission shall serve with- 17 out pay, except members of the Commission shall be 18 entitled to reimbursement for travel, subsistence, 19 and other necessary expenses incurred by them in 20 carrying out the functions of the Commission, in the 21 same manner as persons employed intermittently by 22 the Federal Government are allowed expenses under 23 section 5703 of title 5, United States Code. 24 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 10 •HR 2672 IH (d) STAFF.—The Commission may appoint and fix 1 the compensation of a staff director and such other per- 2 sonnel as may be necessary to enable the Commission to 3 carry out its functions, without regard to the provisions 4 of title 5, United States Code, governing appointments in 5 the competitive service, and without regard to the provi- 6 sions of chapter 51 and subchapter III of chapter 53 of 7 such title relating to classification and General Schedule 8 pay rates, except that no rate of pay fixed under this para- 9 graph may exceed the equivalent of that payable for a po- 10 sition at level V of the Executive Schedule under section 11 5316 of title 5, United States Code. 12 (e) MEETINGS.— 13 (1) IN GENERAL.—The Commission shall meet 14 at the call of the Chair or of a majority of its mem- 15 bers. The Commission shall meet on at least a bian- 16 nual basis. 17 (2) FIRST MEETING.—The first such meeting 18 shall occur not later than 90 days after the date of 19 the enactment of this Act. 20 (f) POWERS.— 21 (1) IN GENERAL.—The Commission may, for 22 the purpose of carrying out this section, hold hear- 23 ings, sit and act at times and places, take testimony, 24 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 11 •HR 2672 IH and receive evidence as the Commission considers 1 appropriate. 2 (2) DELEGATION.—Any member or agent of 3 the Commission may, if authorized by the Commis- 4 sion, take any action which the Commission is au- 5 thorized to take by this subsection. 6 (3) ACCESS TO INFORMATION.—The Commis- 7 sion may secure directly from any department or 8 agency of the United States information necessary 9 to enable it to carry out this section. Upon request 10 of the Commission, the head of such department or 11 agency shall furnish such information to the Com- 12 mission. 13 (4) USE OF MAILS.—The Commission may use 14 the United States mails in the same manner and 15 under the same conditions as other departments and 16 agencies of the United States. 17 (5) ADMINISTRATIVE SUPPORT.—The Adminis- 18 trator of General Services shall provide to the Com- 19 mission on a reimbursable basis such administrative 20 support services as the Commission may request 21 that are necessary for the Commission to carry out 22 its responsibilities under this section. 23 (g) REPORT.—Not later than the date that is 1 year 24 after the date of the first meeting of the Commission, the 25 VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS 12 •HR 2672 IH Commission shall submit to the President, the Chair and 1 Ranking Member of the Committee on Education and 2 Labor of the House of Representatives, and the Chair and 3 Ranking Member of the Committee on Health, Education, 4 Labor, and Pensions of the Senate, a written report of 5 its findings and recommendations based on the review and 6 analysis required by subsection (b). 7 (h) TERMINATION.—The Commission shall terminate 8 on the date that is 30 days after the date on which the 9 Commission submits the report required by subsection (g). 10 (i) DEFINITIONS.—In this section: 11 (1) COMMISSION.—The term ‘‘Commission’’ 12 means the Presidential Commission on Intercolle- 13 giate Athletics established by subsection (a). 14 (2) INSTITUTION OF HIGHER EDUCATION.—The 15 term ‘‘institution of higher education’’ means any in- 16 stitution of higher education that— 17 (A) meets the definition in section 18 102(a)(1) of the Higher Education Act of 1965 19 (20 U.S.C. 1002(a)(1)); and 20 (B) has student athletes who are eligible 21 for Federal student loans. 22 Æ VerDate Sep 11 2014 01:18 May 21, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H2672.IH H2672 pbinns on DSK79D2C42PROD with BILLS