I 

109TH CONGRESS 

2D SESSION H. R. 5289 

To provide institutions of higher education with a right of action against 

entities that improperly regulate intercollegiate sports activities. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2006 

Mr. JOHNSON of Illinois (for himself, Mr. HASTERT, Mr. BOYD, Mr. BOREN, 

and Mr. COSTELLO) introduced the following bill; which was referred to 

the Committee on Education and the Workforce 

A BILL 

To provide institutions of higher education with a right of 

action against entities that improperly regulate intercollegiate sports activities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection of Univer5 sity Governance Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) Voluntary collegiate self-regulation of inter2 collegiate sports activities is a traditional and desir3 able undertaking. 

4 (2) The regulation of intercollegiate sports ac5 tivities significantly affects interstate commerce. 

6 (3) Any attempt by an entity that regulates 

7 intercollegiate sports activities to impose its view of 

8 correct social policy on institutions of higher edu9 cation participating in such activities is inimical to 

10 the traditions of higher education in America and is 

11 inconsistent with university governance and aca12 demic freedom. Attempts to regulate institutions in 

13 this manner detract from the diversity of America 

14 and the independence of thought and spirit that are 

15 the essence of higher education in this Nation. 

16 SEC. 3. IMPROPER ACTIONS BY ENTITIES THAT REGULATE 

17 INTERCOLLEGIATE SPORTS ACTIVITIES. 

18 (a) IN GENERAL.—An entity that regulates inter19 collegiate sports activities shall not impose any penalty or 

20 sanction on, or deny any benefit to, an institution of high21 er education by reason of the team name, symbol, emblem, 

22 or mascot of any intercollegiate sports activity of such in23 stitution. 

24 (b) LIABILITY.—An entity that regulates intercolle25 giate sports activities shall be liable to an institution of 


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1 higher education that is aggrieved by such entity as a re2 sult of any violation of subsection (a). In any action 

3 brought under this subsection, the entity that regulates 

4 intercollegiate sports activities may be subject to injunc5 tion and shall be liable to the aggrieved institution of high6 er education for any damages caused thereby, including 

7 reasonable attorneys’ fees and costs. 

8 (c) JURISDICTION.—Any action brought under sub9 section (b) may be filed in an appropriate district court 

10 of the United States. 

11 SEC. 4. DEFINITIONS. 

12 In this Act: 

13 (1) ENTITY THAT REGULATES INTERCOLLE14 GIATE SPORTS ACTIVITIES.—The term ‘‘entity that 

15 regulates intercollegiate sports activities’’ means any 

16 entity that regulates intercollegiate sports activities 

17 and that is not a Federal, State, Tribal, territorial, 

18 or local government entity. 

19 (2) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘‘institution of higher education’’ means an in21 stitution defined in section 102 of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1002), except that 

23 such term does not include an institution described 

24 in subsection (a)(1)(C) of that section. 


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1 SEC. 5. SEVERABILITY AND EFFECTIVE DATE. 

2 (a) SEVERABILITY.—The provisions of this Act are 

3 severable. If any provision of this Act, or any application 

4 thereof, is found unconstitutional, that finding shall not 

5 affect any provision or application of the Act not so adju6 dicated. 

7 (b) EFFECTIVE DATE.—This Act shall apply to any 

8 violation of section 3(a) by an entity that regulates inter9 collegiate sports activities which occurs on or after August 

10 4, 2005. 

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