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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5528 Introduced in House (IH)]

<DOC>

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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