[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5528 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5528
To establish a Congressional Advisory Commission on Intercollegiate
Athletics to investigate the relationship between institutions of
higher education and intercollegiate athletic programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2019
Ms. Shalala (for herself and Mr. Spano) introduced the following bill;
which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To establish a Congressional Advisory Commission on Intercollegiate
Athletics to investigate the relationship between institutions of
higher education and intercollegiate athletic programs, 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.
This Act may be cited as the ``Congressional Advisory Commission on
Intercollegiate Athletics Act of 2019'' or the ``CACIA Act of 2019''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds as follows:
(1) Under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.), in 2017-2018 institutions of higher
education received funds in excess of $184.1 billion for
Federal student support, including approximately $28.2 billion
in Federal Pell Grants and over $40 billion in research grants.
(2) Under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.), in fiscal year 2019 approximately $130.4
billion of Federal student support was available for higher
education, including over $29 billion in Federal Pell Grants.
(3) Many institutions of higher education voluntarily
participate in athletic governance associations.
(4) The largest athletic governance association includes
over 1,100 institutions of higher education and more than
430,000 student athletes. This association generates over $1
billion annually and in 2017-2018 it provided $609,000,000 in
revenue sharing to Division 1 member institutions of higher
education.
(5) In 2018, intercollegiate athletic programs generated
approximately $14 billion in revenue from ticket sales, radio
and television receipts, alumni contributions, guarantees,
royalties, and athletic governance associations. This is a 226-
percent increase from 2003 when the revenue generated by such
institutions was approximately $4 billion.
(6) Most institutions of higher education are tax-exempt
organizations whose donors benefit from tax-exempt
contributions, including contributions restricted by donors to
support intercollegiate athletic programs.
(7) Most intercollegiate athletic programs are heavily
subsidized by the institution of higher education that they
represent, including support through institutional general
funds, mandatory student fees, and athletic capital projects
that benefit from tax-exempt bonds.
(8) The highest paid public employee in 41 out of 50 States
is a head coach of an intercollegiate athletic program.
(9) Many intercollegiate athletics programs have built
lavish locker rooms, practice facilities, competition
facilities, and other facilities to entice talented high school
student athletes to attend the institution of higher education,
even though access to such facilities are restricted from use
by non-student athletes.
(10) Serious questions have arisen regarding whether
institutions of higher education with highly commercialized
intercollegiate athletic programs follow academic standards in
admitting student athletes, have adequate faculty oversight to
ensure that student athletes are provided a quality education,
have encouraged student athletes to consider the long-term
consequences of athletic related injuries, provided student
athletes access to comprehensive healthcare programs, and
ensure that student athletes have the same academic and
employment opportunities as non-student athletes attending the
institution of higher education.
SEC. 3. CONGRESSIONAL ADVISORY COMMISSION ON INTERCOLLEGIATE ATHLETIC
PROGRAMS.
(a) Establishment.--There is established a commission to be known
as the ``Congressional Advisory Commission on Intercollegiate
Athletics'' (in this Act referred to as the ``Commission'').
(b) Duties.--The duties of the Commission shall be to investigate
and review the relationship between institutions of higher education
and intercollegiate athletic programs, including a review of--
(1) the policies maintained by athletic governance
associations and institutions of higher education with respect
to ensuring that student athletes can succeed in academics and
athletics;
(2) the impact of policies identified under paragraph (1)
on--
(A) the education of undergraduate student
athletes, as measured by Federal graduation rates,
compared to undergraduate non-student athletes as a
whole and disaggregated by gender, race, sport,
transfer rates, and competition level;
(B) the ability of student athletes to select
academic courses and a major; and
(C) the ability of student athletes to transfer,
without a residency requirement, to other institutions
of higher education;
(3) the impact of intercollegiate athletic programs on
the--
(A) academic mission of institutions of higher
education; and
(B) academic integrity of institutions of higher
education, including--
(i) whether academic support programs are
provided for student athletes by an athletic
department or academic office at institutions
of higher education;
(ii) a comparison between the percentage
student athletes and percentage of non-student
athletes who are--
(I) taking independent studies
classes; or
(II) taking online courses;
(iii) whether institutions of higher
education conduct transparent and regular
reviews of student athlete academic data; and
(iv) whether tenured faculty conduct
oversight of intercollegiate athletic programs
with respect to student athlete academic
achievement, including whether student athletes
has adequate time to prepare for and attend
class;
(4) how the academic eligibility standards required by
athletic governance associations impact--
(A) athletic scholarships offered to student
athletes; and
(B) the renewal of athletic scholarships offered to
student athletes;
(5) how institutions of higher education finance
intercollegiate athletic programs, disaggregated by competition
level, including--
(A) the general measures taken by institutions of
higher education to finance intercollegiate athletic
programs;
(B) whether student fees are used to finance
intercollegiate athletic programs;
(C) whether general funds are used to finance
intercollegiate athletic programs;
(D) whether institutions of higher education
receive funds and the amount of such funds from--
(i) media contracts held by institutions of
higher education with respect to
intercollegiate athletic programs;
(ii) licensing agreements held by
institutions of higher education with respect
to intercollegiate athletic programs; and
(iii) media conferences and other
distributions held by an athletic governance
association;
(E) the amount of funds expended on coaching
salaries and facilities development for intercollegiate
athletic programs, disaggregated by gender, race,
sport, and competition level; and
(F) policies held by athletic governance
associations with respect to the amount expended by
institutions of higher education and the number of
athletic participation opportunities provided by
institutions of higher education to comply with--
(i) title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), including--
(I) the percent of athletic
participation opportunities offered to
female and male student athletes in
comparison to the enrollment of female
and male non-student athletes,
respectively, at institutions of higher
education; and
(II) the percent of total athletic
scholarship funds offered to female and
male student athletes, respectively;
and
(ii) the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.), including--
(I) the percent of athletic
participation opportunities for
students with disabilities compared to
enrollment of non-student athletes with
disabilities at institutions of higher
education; and
(II) the percent of total athletic
scholarship funds provided to student
athletes with disabilities;
(6) whether athletic governance associations require or
encourage institutions of higher education to be transparent in
academic and financial matters with respect to intercollegiate
athletic programs, including whether such institutions provide
access to relevant data for independent research or inclusion
in public reporting requirements;
(7) the interaction between athletic governance
associations and institutions of higher education, with respect
to--
(A) criteria for institutions of higher education
to receive financial support from an athletic
governance association;
(B) criteria for institutions of higher education
to participate in a post-season championship
competition;
(C) the policies related to--
(i) whether criteria established under
subparagraphs (A) and (B) comply with Federal
law;
(ii) the award, renewal, or withdrawal of
athletic scholarship funds, including--
(I) multi-year financial aid
awards;
(II) whether cost of attendance is
considered during the renewal or
withdrawal of an athletic scholarship;
(III) whether awards of athletic
scholarships are equally available to
male and female student athletes; and
(IV) whether gender neutral methods
are used to determine eligibility for
an athletic scholarship;
(iii) the award, renewal, and withdrawal of
summer school financial assistance for student
athletes, including--
(I) whether awards of summer school
financial assistance are equally
available to male and female student
athletes; and
(II) whether gender neutral methods
are used to determine eligibility for
such assistance; and
(iv) employment, earnings and benefits, and
personal representation by marketing agents of
student athletes, including commercial
compensation for the use of the name, image, or
likeness of student athletes by themselves or
institutions of higher education attended by
such athlete;
(8) policies held by institutions of higher education with
respect to recruitment and retention of student athletes,
including--
(A) policies governing the recruitment process of
student athletes, including policies with respect to
letters of intent;
(B) policies governing individuals allowed to
recruit prospective student athletes;
(C) policies governing the transfer and dropout
rate of student athletes;
(D) the impact of the policies identified in
subparagraphs (A) through (C) on prospective student
athletes; and
(E) the contractual terms of an athletic
scholarship with respect to the ability of student
athletes to--
(i) transfer to different institutions of
higher education; and
(ii) participate in professional sports;
(9) oversight and guidance provided by athletic governance
associations on--
(A) academic support programs only available to
student athletes, including tutoring and academic
advising services; and
(B) policies on the professional and ethical
conduct of coaches and staff associated with student
athletes;
(10) policies held by intercollegiate athletic programs
that encourage diverse leadership of such programs;
(11) policies on the health and safety of student athletes,
including the impact of--
(A) medical policies implemented by athletic
governance associations, disaggregated by gender, race,
sport, and competition level;
(B) policies implemented by an intercollegiate
athletic program to minimize the risk of injury to
student athletes, disaggregated by gender, race, sport
and competition level; and
(C) the provision of adequate athletic injury
insurance and medical services, including the extent to
which such insurance coverage is provided beyond the
exhaustion of athletic eligibility, disaggregated by
competition level;
(12) whether athletic governance associations maintain a
mechanism for addressing complaints that ensures due process
protections for an individual accused and is equally enforced
with respect to--
(A) all student athletes, institutional employees,
and representatives;
(B) student athletes accused of violence, sexual
abuse, sexual harassment, or criminal conduct;
(C) the professional and ethical conduct of
coaches, athletic trainers, and other athletic
department student development personnel; and
(D) student athletes or faculty and staff of
institutions of higher education involved in academic
fraud;
(13) the impact of the Internal Revenue Code of 1986 on
revenue generated by intercollegiate athletic programs;
(14) the impact of Federal and State judicial decisions
that affect--
(A) compensation for student athletes; or
(B) the right of student athletes to receive
workplace protections; and
(15) any other issue the Commission considers relevant to
understanding the relationship between intercollegiate athletic
programs and institutions of higher education.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 17 members appointed as follows:
(A) Four members appointed by the Speaker of the
House of Representatives, including--
(i) one Member of the House of
Representatives; and
(ii) three individuals who are not Members
of Congress.
(B) Four members appointed by the minority leader
of the House of Representatives, including--
(i) one Member of the House of
Representatives; and
(ii) three individuals who are not Members
of Congress.
(C) Four members appointed by the majority leader
of the Senate, including--
(i) one Member of the Senate; and
(ii) three individuals who are not Members
of Congress.
(D) Four members appointed by the minority leader
of the Senate, including--
(i) one Member of the Senate; and
(ii) three individuals who are not Members
of Congress.
(E) One member appointed by the Secretary of
Education.
(2) Qualifications.--
(A) In general.--Individuals appointed under
paragraph (1) shall be specially qualified to serve on
the Commission by virtue of their education or
experience on issues related to intercollegiate
athletic programs, higher education, and civil rights.
(B) Coordination to ensure diversity.--Individuals
appointed under paragraph (1) shall be coordinated to
ensure diversity.
(3) Chair of the commission.--The Chair of the Commission
shall be elected by a majority of the members of the
Commission.
(4) Continuation of membership.--If a member was appointed
to the Commission as a Member of Congress, that member may
continue to serve on the Commission.
(5) Terms.--Each member shall be appointed for the term of
the Commission.
(6) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(7) Basic pay.--
(A) In general.--Except as provided in subparagraph
(B), members of the Commission shall serve without pay.
(B) Travel expenses.--In carrying out the duties of
the Commission, each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, and other necessary expenses in accordance
with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(d) Meetings.--Beginning not later than 90 days after the enactment
of this Act, the Commission shall meet at the call of the Chair or a
majority of its members.
(e) Director and Staff of Commission.--
(1) Director.--The Commission shall have a Director,
appointed by the Chair of the Commission.
(2) Staff.--The Commission may appoint and fix the pay of
personnel as necessary to carry out the duties of this Act.
(3) Applicability of certain civil service laws.--The
Director and staff of the Commission shall be appointed 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
Schedules 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.
(4) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(f) 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.
(g) Administrative Support.--Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission,
on a reimbursable basis, the administrative support services necessary
for the Commission to carry out its responsibilities under this Act.
(h) Powers of the Commission.--
(1) Hearings and sessions.--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.
(2) Subpoena power.--
(A) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and
the production of any evidence relating to any matter
under investigation by the Commission. The attendance
of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(B) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued under subparagraph
(A), the Commission may apply to a United States
district court for an order requiring that person to
appear before the Commission to give testimony, produce
evidence, or both, relating to the matter under
investigation. The application may be made within the
judicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(C) Service of subpoenas.--The subpoenas of the
Commission shall be served in the manner provided for
subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure for the
United States district courts.
(D) Service of process.--All process of any court
to which application is made under paragraph (2) may be
served in the judicial district in which the person
required to be served resides or may be found.
(3) Powers of members and agents.--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.
(4) Contract authority.--
(A) In general.--To the extent or in the amounts
provided in advance in appropriation Acts, the
Commission may enter into contracts with and compensate
government and private entities or persons for the
purpose of conducting research or surveys necessary for
the Commission to carry out its duties under this Act.
(B) Exception for athletic governance
associations.--Athletic governance associations shall
not be eligible for compensation under subparagraph
(A).
(i) Report.--Not later than two years after the date on which the
Committee meets for the first time, the Commission shall submit a
report to Congress, including--
(1) a summary of the review conducted and findings derived
under subsection (b); and
(2) recommendations based on the review and analysis
conducted under this section.
(j) Termination.--The Commission shall terminate on the date that
is 30 days after the report required under subsection (i) is submitted
to Congress.
(k) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2021 to 2022 $2,000,000 to carry
out this Act.
(l) Definitions.--In this section:
(1) Athletic governance association.--The term ``athletic
governance association'' means a governing body that sets rules
for intercollegiate athletic programs and manages topics for
members of the association, including rules of the sport,
championships, health and safety, matters impacting women in
athletics, and other related issues.
(2) Competition level.--The term ``competition level''
means the skill level of the student athletes participating
within a national competitive division, subdivision, and
conference affiliation.
(3) Institutions of higher education.--The term
``institutions of higher education'' means an institution
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 support.
(4) Intercollegiate athletic program.--The term
``intercollegiate athletic program'' means a collegiate level
sport that requires student athletes to meet eligibility
requirements established by an athletic governance association
for the promotion and regulation of such sport.
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