IV 

117TH CONGRESS 

1ST SESSION H. CON. RES. 39 

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 29, 2021 

Ms. SPEIER (for herself, Ms. SHERRILL, Ms. NORTON, Ms. CHU, Mrs. CAROLYN B. MALONEY of New York, Mrs. TRAHAN, Mrs. LAWRENCE, Mr. 

CICILLINE, Mr. LOWENTHAL, Mr. MCGOVERN, Ms. MENG, Ms. ROSS, 

Mr. LEVIN of Michigan, Ms. JAYAPAL, Mr. KAHELE, and Ms. SCHAKOWSKY) submitted the following concurrent resolution; which was referred to the Committee on Education and Labor 

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; 


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Whereas title IX was intended to avoid the use of Federal resources to support discriminatory practices and to provide 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 auVerDate Sep 11 2014 04:34 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HC39.IH HC39

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thority over a federally funded program is subject to title 

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 04:34 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\HC39.IH HC39

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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; and 

Whereas the NCAA leadership and Board of Governors of the 

NCAA should publicly release all findings and recommendations of the comprehensive review of gender equity issues in NCAA sports announced on March 25, 

2021, including actionable next steps to ensure transparency and 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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