IV 

118TH CONGRESS 

1ST SESSION H. CON. RES. 54 

Expressing the sense of Congress that title IX of the Education Amendments 

of 1972 applies to the National Collegiate Athletics Association (NCAA), 

and the National Collegiate Athletics Association (NCAA) should work 

to prevent discrimination on the basis of sex in its programs and activities. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2023 

Ms. SHERRILL submitted the following concurrent resolution; which was 

referred to the Committee on Education and the Workforce 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that title IX of the Education Amendments of 1972 applies to the National Collegiate Athletics Association (NCAA), and the National 

Collegiate Athletics Association (NCAA) should work to 

prevent discrimination on the basis of sex in its programs 

and activities. 

Whereas title IX of the Education Amendments of 1972 (20 

U.S.C. 1681 et seq.) prohibits sex discrimination in all 

educational programs and activities that receive Federal 

assistance, including athletics programs; 

Whereas title IX was intended to avoid the use of Federal resources to support discriminatory practices and to proVerDate Sep 11 2014 03:50 Jun 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC54.IH HC54

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•HCON 54 IH 

vide individuals effective protection against such practices; 

Whereas title IX does not, on its face, confine the list of 

those liable under the statute to ‘‘recipients’’ of Federal 

funds, but simply prohibits discrimination ‘‘under any 

education program or activity receiving Federal financial 

assistance’’; 

Whereas, in the applicable implementing regulations for the 

Department of Education, the Department of Education 

requires educational programs to offer students of all 

sexes equal opportunities to play sports, to allocate athletic scholarships equitably, and to treat athletes of all 

sexes equally with respect to other benefits and services. 

(Benefits and services include equipment and supplies, 

scheduling of games and practice times, travel and daily 

allowance, locker rooms, practice and competitive facilities, medical and training facilities and services, housing 

and dining facilities and services, publicity and promotions, support services, and recruitment of student 

athletes.); 

Whereas the section 908 of the Education Amendments of 

1972 (20 U.S.C. 1687) broadly defines a ‘‘program or 

activity’’ that receives Federal funds to mean all of the 

operations of a list of entities, including colleges and universities, private organizations principally engaged in 

education, and any other entity established by 2 or more 

of the listed entities—or what Congress termed the 

‘‘catch-all’’ provision; 

Whereas, in interpreting title IX, Federal courts have correctly held that any entity that exercises controlling authority over a federally funded program is subject to title 


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IX, regardless of whether that entity is itself a recipient 

of Federal aid; 

Whereas Federal courts have held that State athletic associations exercise controlling authority over interscholastic 

athletics programs and are therefore subject to title IX 

(Among other things, State athletic associations set 

sports seasons, sponsor State championship tournaments, 

and set eligibility requirements for student participation 

in sports. Their membership is comprised primarily of 

educational institutions that receive Federal funds and 

must comply with title IX. In order for State athletic associations to control and regulate athletics, member institutions must cede their own ability to control many aspects of their athletics programs to the athletic association.); 

Whereas Federal courts have correctly reasoned that not subjecting athletic associations to title IX would encourage 

Federal recipients to empower someone else to promulgate discriminatory policies to avoid title IX liability. 

Such an interpretation would allow Federal funds to promote sex discrimination and would therefore run afoul of 

the plain language, meaning, and purpose of title IX; 

Whereas, like State athletic associations, the NCAA exercises 

controlling authority over its federally funded member institutions’ athletics programs; 

Whereas the NCAA is subject to title IX because, pursuant 

to section 908 of such Act, it is an organization established by two or more colleges or universities that receive 

Federal funds; 


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Whereas the NCAA is subject to title IX because, pursuant 

to section 908 of such Act, it is an operation of its federally funded member schools; 

Whereas, while the Supreme Court ruled in NCAA v. Smith, 

525 US 459 (1999), that the NCAA is not subject to 

title IX by virtue of the dues it receives from its federally 

funded member schools, the Supreme Court left open the 

question of whether the NCAA is subject to title IX on 

alternative grounds, including based on its controlling authority over member schools’ federally funded athletics 

programs or pursuant to the definition of ‘‘program or 

activity’’ in section 908 of such Act; 

Whereas the NCAA is an unincorporated association of approximately 1,200 members, including virtually all public 

and private universities and 4-year colleges conducting 

major athletics programs in the United States. Members 

of the NCAA that receive Federal funds are subject to 

title IX; 

Whereas member schools cede control to the NCAA by allowing it to host 90 intercollegiate championship tournaments in 24 sports across 3 divisions (During championship tournaments, the NCAA controls the medical, 

training, housing, dining, and competition facilities, and 

dictates the tournament schedule and the publicity and 

promotion of the teams.); 

Whereas, because the NCAA is subject to title IX, it must 

address documented discrimination against women’s 

teams in the benefits and services provided during championship tournaments so that student athletes who experience sex discrimination during the regular season who 

are able to seek remedies under title IX have the same 

remedies when they experience inequitable access to beneVerDate Sep 11 2014 03:50 Jun 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\HC54.IH HC54

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fits or services during intercollegiate championship tournaments and other barriers to exercising their rights; 

Whereas, despite being subject to title IX, the NCAA provided inequitable benefits and services to women’s basketball teams in its 2021 Division I Tournaments, including 

inferior publicity, promotions, equipment, supplies, food, 

facilities, travel accommodations, and health care protocols and resources; 

Whereas these disparities are contrary to the letter and spirit 

of title IX, undermine efforts to ensure gender equity in 

sports and society writ large, and hold women and girls 

back from reaching their full potential; 

Whereas, on March 25, 2021, the NCAA announced the commissioning of a comprehensive review of gender equity 

issues in NCAA sports that was completed by the independent law firm Kaplan Hecker & Fink (Kaplan), and 

the results of their independent review were released in 

two separate reports on August 2, 2021, and October 25, 

2021, which found that gender inequities at the NCAA 

stem from the structure and systems of the NCAA itself 

and provided an extensive list of recommended actions 

the NCAA should take to address these inequities; 

Whereas more than a year after the release of those reports, 

the NCAA has made progress on some of Kaplan’s recommendations, but has either not yet begun consideration or declined to implement others, including restructuring NCAA leadership so that the Vice President of 

Women’s Basketball reports directly to the President; 

and 

Whereas the NCAA leadership should make it a top priority 

to expeditiously and thoroughly consider all recommendaVerDate Sep 11 2014 03:50 Jun 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6300 E:\BILLS\HC54.IH HC54

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tions from the Kaplan report to ensure meaningful 

change: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that the Na3 tional Collegiate Athletics Association (NCAA) is subject 

4 to title IX of the Education Amendments of 1972 (20 

5 U.S.C. 1681 et seq.) and should work to prevent discrimi6 nation on the basis of sex in its programs and activities. 

Æ 


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