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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 68 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 68

    Supports the establishment of an NCAA Division I Football Bowl 
Subdivision Championship playoff system in the interest of fairness and 
                   to bring parity to all NCAA teams.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2009

   Mr. Abercrombie (for himself, Mr. Matheson, Mr. Simpson, and Mr. 
Westmoreland) submitted the following resolution; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
Education and Labor, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION

 
    Supports the establishment of an NCAA Division I Football Bowl 
Subdivision Championship playoff system in the interest of fairness and 
                   to bring parity to all NCAA teams.

Whereas the National Collegiate Athletic Association (NCAA) has examined 
        establishing a Division I A National Championship Football playoff 
        system;
Whereas in 1976, a proposal to establish an NCAA Division I A football 
        championship was introduced to the NCAA Division I membership on the 
        recommendation of a special committee that had studied the feasibility 
        of a playoff;
Whereas in 1994, a blue-ribbon panel was formed to gather information regarding 
        the viability of establishing an NCAA Division I A football 
        championship;
Whereas in 1998 the Bowl Championship Series (BCS) was established through an 
        agreement between the Fiesta, Orange, Rose, and Sugar Bowls and the 
        University of Notre Dame along with the Atlantic Coast, Big East, Big 
        Ten, Big 12, Pacific 10 and Southeastern Athletic Conferences;
Whereas the Presidential Coalition for Athletics Reform was established in 2003 
        by the presidents of 46 nonautomatic qualifying schools in an aggressive 
        effort to alter the system that governed postseason play in college 
        football;
Whereas on September 4, 2003, the House Judiciary Committee held the oversight 
        hearing, ``Competition in College Athletic Conferences and Antitrust 
        Aspects of the Bowl Championship Series'';
Whereas on October 29, 2003, the Senate Judiciary Committee held an oversight 
        hearing, ``BCS or Bust: Competitive and Economic Effects of the Bowl 
        Championship Series On and Off the Field'';
Whereas the BCS adopted regulations to include more teams following the 
        mobilization of the Presidential Coalition for Athletics Reform and the 
        congressional committee hearings;
Whereas on December 7, 2005, the House Energy and Commerce Committee held an 
        oversight hearing, ``Determining a Champion on the Field: A 
        Comprehensive Review of the BCS and Postseason College Football'';
Whereas on February 1, 2008, the Georgia House of Representatives adopted, by a 
        vote of 151 to 9, H. Res. 1034, recognizing the BCS system as 
        ``dysfunctional'' and urging the NCAA to implement a playoff system to 
        determine a national champion in the sport of college foot;
Whereas all the regular season champions of the automatic BCS qualified 
        conferences, the Atlantic Coast, Big East, Big Ten, Big 12, Pacific-10, 
        and Southeastern Conferences, are ensured a berth in a BCS bowl game 
        each year;
Whereas no more than 1 team from the nonautomatic qualified conferences, 
        Conference USA, the Mid-American, Mountain West, Sun Belt, and Western 
        Athletic Conferences, shall earn a BCS bowl game berth in any year;
Whereas the automatic BCS-qualified conferences received an average of 
        $31,400,000 in postseason revenue for the 2007 to 2008 postseason, and 
        the nonautomatic qualified conferences received an average of 
        $5,900,000;
Whereas the postseason revenue earned provides an advantage to the automatic BCS 
        qualified conferences in recruiting, retention, facility maintenance, 
        and other athletic programs, as well as alumni relations;
Whereas the BCS system makes it highly unlikely that a nonautomatic BCS 
        qualifying conference team will ever compete for the BCS National 
        Championship and rarely able to play in a BCS bowl game;
Whereas legal scholars have debated whether or not the BCS constitutes an 
        unreasonable restraint of trade, in violation of section 1 of the 
        Sherman Antitrust Act under the Rule of Reason test, where the 
        procompetitive benefits are weighed against the anticompetitive effects;
Whereas the Rule of Reason test also requires there be a feasible less 
        restrictive alternative that alleviates some of the anticompetitive 
        effects;
Whereas the declaration of the winner of the BCS Championship Game as National 
        Champion has annually instigated heated debate about whether the victor 
        is actually the best team in the NCAA;
Whereas various solutions to fairly determine a champion have been proposed and 
        should be investigated;
Whereas including more teams and players in deciding the national champion leads 
        to more competition and fairness for the student athletes and fans;
Whereas the NCAA administers 88 team championships in 23 sports for its member 
        institutions, including postseason playoff systems for the Division I 
        Football Championship Subdivision (formerly Division I AA), as well as 
        Division II and III football; and
Whereas the NCAA Division I Football Bowl Subdivision (formerly Division I A) is 
        currently the only major college sport without an NCAA championship: 
        Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) rejects the BCS system as an illegal restraint of trade 
        that violates the Sherman Anti-Trust Act;
            (2) demands the United States Department of Justice 
        Antitrust Division investigate and bring appropriate action to 
        have the BCS system declared illegal and require a playoff to 
        determine a national champion; and
            (3) supports the establishment of an NCAA Division I 
        Football Bowl Subdivision Championship playoff system in the 
        interest of fairness and to bring parity to all NCAA teams.
                                 <all>
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