Women in NCAA Sports Act

I 118TH CONGRESS 1ST SESSION H. R. 2532 To establish a Commission on Men’s and Women’s Fairness in College Sports. IN THE HOUSE OF REPRESENTATIVES APRIL 6, 2023 Ms. SHERRILL (for herself and Ms. SALAZAR) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a Commission on Men’s and Women’s Fairness in College Sports. 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. 3 This Act may be cited as the ‘‘Women in NCAA 4 Sports Act’’. 5 SEC. 2. ESTABLISHMENT. 6 There is established a ‘‘Commission on Men’s and 7 Women’s Fairness in College Sports’’ (in this Act referred 8 to as the ‘‘Commission’’). 9 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2532 IH SEC. 3. DUTIES. 1 (a) IN GENERAL.—The duties of the Commission 2 shall be to— 3 (1) compare how the National Collegiate Ath- 4 letic Association (in this Act referred to as the 5 ‘‘NCAA’’) operates men’s and women’s champion- 6 ship tournaments across all sports and other stu- 7 dent-athlete programs with respect to the treatment 8 of the participating men’s and women’s college 9 sports teams; and 10 (2) prepare and submit to Congress a report on 11 its findings with recommendations on how the 12 NCAA can improve the fair treatment of partici- 13 pating men’s and women’s teams in such champion- 14 ship tournaments and student-athlete programs. 15 (b) CONTENT OF REPORT.—On a date that is not 16 later than 18 months, and not earlier than 12 months, 17 after the establishment of the Commission, and that is not 18 earlier than 6 months after the last day of the Division 19 I Men’s and Women’s Basketball Championships that take 20 place during the life of the Commission, the Commission 21 shall prepare and submit to Congress a report on— 22 (1) the findings identified after— 23 (A) studying and comparing the operations 24 of the NCAA with respect to treatment of the 25 men’s and women’s teams participating in the 26 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2532 IH championship tournaments across all sports and 1 other student-athlete programs of the NCAA 2 (including venues and equipment provided for 3 games and practices, lodging and transpor- 4 tation, media contracts, licensees, sponsors, and 5 other fulfillment partners who deliver essential 6 elements of the tournaments, and overall budg- 7 ets); and 8 (B) studying the constitution of the 9 NCAA, and policies and practices of the NCAA 10 that affect the fair treatment of participating 11 men’s and women’s college sports teams, includ- 12 ing— 13 (i) the promotion of objective and just 14 treatment, advancement, equal oppor- 15 tunity, and access for women’s teams; 16 (ii) the elimination of barriers that 17 have prevented full participation of wom- 18 en’s teams; and 19 (iii) the reduction of disparate out- 20 comes for women; 21 (2) recommendations, based on such findings, 22 on policy changes in the operations of the NCAA 23 that could better promote and advance the fair 24 VerDate Sep 11 2014 21:54 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2532 IH treatment described in paragraph (1)(B), including 1 clauses (i) through (iii) of such paragraph (1)(B); 2 (3) an assessment of whether the NCAA has 3 acted on such recommendations or made other policy 4 changes in its operations that affect such fair treat- 5 ment; and 6 (4) an analysis of how the Federal Government 7 supports the operations of the NCAA, and rec- 8 ommendations for improved Federal oversight of 9 NCAA’s promotion of such fair treatment in its op- 10 erations, championship tournaments, and student- 11 athlete programs. 12 (c) PROHIBITION.—The Commission may not review 13 or make recommendations on the eligibility of any athlete 14 to participate in men’s or women’s college sports teams 15 or in NCAA programming. 16 SEC. 4. MEMBERSHIP. 17 (a) NUMBER AND APPOINTMENT.—The Commission 18 shall be composed of 16 members, of which— 19 (1) 4 members will be appointed by the Speaker 20 of the House of Representatives, in consultation with 21 the Chair of the Committee on Education and the 22 Workforce of the House of Representatives; 23 (2) 4 members will be appointed by the minor- 24 ity leader of the House of Representatives, in con- 25 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2532 IH sultation with the ranking minority member of the 1 Committee on Education and the Workforce of the 2 House of Representatives; 3 (3) 4 members will be appointed by the major- 4 ity leader of the Senate, in consultation with the 5 Chair of the Committee on Commerce, Science, and 6 Transportation of the Senate; and 7 (4) 4 members will be appointed by the minor- 8 ity leader of the Senate, in consultation with the 9 ranking minority member of the Committee on Com- 10 merce, Science, and Transportation of the Senate. 11 (b) QUALIFICATIONS.— 12 (1) IN GENERAL.—An individual appointed to 13 serve as a member of the Commission shall be an in- 14 dividual with experience or professional expertise in 15 college sports, fair treatment of men’s and women’s 16 college sports teams in NCAA operations, champion- 17 ship tournaments, or student-athlete programs, or 18 compliance with title IX of the Education Amend- 19 ments of 1972 (20 U.S.C. 1681 et seq.). 20 (2) SPECIAL CONSIDERATION.—In appointing a 21 member of the Commission, special consideration 22 shall be given to former college athletes, coaches, or 23 athletic administrators. 24 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2532 IH (c) TERMS.—Each member of the Commission shall 1 be appointed for the life of the Commission. 2 (d) COMPENSATION.— 3 (1) IN GENERAL.—Members of the Commission 4 shall serve without pay. 5 (2) TRAVEL EXPENSES.—Each member of the 6 Commission shall receive travel expenses, including 7 per diem in lieu of subsistence, in accordance with 8 applicable provisions under subchapter I of chapter 9 57 of title 5, United States Code. 10 (e) QUORUM.—A simple majority of members of the 11 Commission shall constitute a quorum but a lesser number 12 may hold hearings. 13 (f) CO-CHAIRS.—Two Commission Co-chairs shall be 14 elected by the members of the Commission. 15 (g) VACANCIES.—A vacancy on the Commission shall 16 not affect the powers of the Commission, and such vacancy 17 shall be filled in the same manner in which the original 18 appointment was made. 19 (h) MEETINGS.—The Commission shall have at least 20 one public meeting at the call of the majority of its mem- 21 bers. Such meeting shall take place not later than 30 days 22 after all members of the Commission are appointed under 23 subsection (a). 24 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2532 IH SEC. 5. DIRECTOR; STAFF OF COMMISSION. 1 (a) DIRECTOR.—The Commission shall have a Direc- 2 tor who shall be appointed by the Co-chairs, with the ap- 3 proval of the Commission. To the extent or in the amounts 4 provided in advance in appropriation Acts the Director 5 shall be paid at the rate of basic pay for level IV of the 6 Executive Schedule. 7 (b) STAFF.—Subject to rules agreed upon by the 8 Commission, the Director may appoint and fix the pay of 9 additional personnel as the Director considers appropriate. 10 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE 11 LAWS.—The Director and staff of the Commission may 12 be appointed without regard to the provisions of title 5, 13 United States Code, governing appointments in the com- 14 petitive service, and may be paid without regard to the 15 provisions of chapter 51 and subchapter III of chapter 53 16 of that title relating to classification and General Schedule 17 pay rates, except that an individual so appointed may not 18 receive pay in excess of the annual rate of basic pay for 19 level IV of the Executive Schedule. 20 (d) PERSONNEL AS FEDERAL EMPLOYEES.— 21 (1) IN GENERAL.—The Director and any per- 22 sonnel of the Commission who are employees shall 23 be employees under section 2105 of title 5, United 24 States Code. 25 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2532 IH (2) MEMBERS OF COMMISSION.—Paragraph (1) 1 shall not be construed to apply to members of the 2 Commission. 3 (e) EXPERTS AND CONSULTANTS.—Subject to rules 4 prescribed by the Commission, the Commission may pro- 5 cure temporary and intermittent services under section 6 3109(b) of title 5, United States Code, but at rates for 7 individuals not to exceed the daily rate paid to a person 8 occupying a position at level V of the Executive Schedule 9 under section 5315 of title 5, United States Code. 10 SEC. 6. POWERS OF COMMISSION. 11 (a) HEARINGS AND SESSIONS.—The Commission 12 may, for the purpose of carrying out this Act, hold public 13 hearings, sit and act at times and places, take testimony, 14 and receive evidence as the Commission considers appro- 15 priate. The Commission may administer oaths or affirma- 16 tions to witnesses appearing before it. A hearing or any 17 portion of it may be closed to the public by a majority 18 vote of the Commission. 19 (b) POWERS OF MEMBERS AND AGENTS.—Any mem- 20 ber or agent of the Commission may, if authorized by the 21 Commission, take any action which the Commission is au- 22 thorized to take by this section. 23 (c) ASSISTANCE FROM FEDERAL AGENCIES.— 24 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2532 IH (1) GENERAL SERVICES ADMINISTRATION.— 1 The Administrator of General Services shall provide 2 to the Commission on a reimbursable basis adminis- 3 trative support and other services for the perform- 4 ance of the Commission’s functions. 5 (2) OTHER DEPARTMENTS AND AGENCIES.—In 6 addition to the assistance prescribed in paragraph 7 (1), departments and agencies of the United States 8 may provide to the Commission such services, funds, 9 facilities, staff, and other support services as they 10 may determine advisable and as may be authorized 11 by law. 12 (d) GIFTS.—The Commission may accept, use, and 13 dispose of gifts or donations of services or property. 14 (e) POSTAL SERVICES.—The Commission may use 15 the United States mails in the same manner and under 16 the same conditions as departments and agencies of the 17 United States. 18 (f) SUBPOENA POWER.— 19 (1) IN GENERAL.—The Commission may issue 20 subpoenas, in a case in which the majority of its 21 members vote for the issuance of such a subpoena, 22 requiring the attendance and testimony of witnesses 23 and the production of any evidence relating to any 24 matter under investigation by the Commission. The 25 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2532 IH attendance of witnesses and the production of evi- 1 dence may be required from any place within the 2 United States at any designated place of hearing 3 within the United States. 4 (2) FAILURE TO OBEY A SUBPOENA.—If a per- 5 son refuses to obey a subpoena issued under para- 6 graph (1), the Commission may apply to a United 7 States district court for an order requiring that per- 8 son to appear before the Commission to give testi- 9 mony, produce evidence, or both, relating to the 10 matter under investigation. The application may be 11 made within the judicial district where the hearing 12 is conducted or where that person is found, resides, 13 or transacts business. Any failure to obey the order 14 of the court may be punished by the court as civil 15 contempt. 16 (3) SERVICE OF SUBPOENAS.—The subpoenas 17 of the Commission shall be served in the manner 18 provided for subpoenas issued by a United States 19 district court under the Federal Rules of Civil Pro- 20 cedure for the United States district courts. 21 (4) SERVICE OF PROCESS.—All process of any 22 court to which application is made under paragraph 23 (2) may be served in the judicial district in which 24 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2532 IH the person required to be served resides or may be 1 found. 2 (g) CONTRACT AUTHORITY.—To the extent or in the 3 amounts provided in advance in appropriation Acts, the 4 Commission may contract with and compensate govern- 5 ment and private agencies or persons to enable the Com- 6 mission to discharge its duties under this Act and other 7 services, without regard to section 6101 of title 41, United 8 States Code. 9 SEC. 7. TERMINATION. 10 (a) IN GENERAL.—The Commission, and all the au- 11 thorities of this Act, shall terminate 60 days after the date 12 on which the report is submitted under section 3(b). 13 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- 14 NATION.—The Commission may use the 60-day period re- 15 ferred to in subsection (a) for the purpose of concluding 16 its activities, including providing testimony to committees 17 of Congress concerning its report and disseminating the 18 report. 19 SEC. 8. FUNDING. 20 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 21 authorized to be appropriated such sums as necessary to 22 carry out this Act, of which— 23 (1) 50 percent shall be derived from the appli- 24 cable accounts of the House of Representatives; and 25 VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2532 IH (2) 50 percent shall be derived from the contin- 1 gent fund of the Senate. 2 (b) DURATION OF AVAILABILITY.—Amounts made 3 available to the Commission under subsection (a) shall re- 4 main available until the termination of the Commission. 5 Æ VerDate Sep 11 2014 03:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H2532.IH H2532 pbinns on DSKJLVW7X2PROD with $$_JOB