Women in NCAA Sports Act

Subjects: Sports and Recreation


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2532 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2532

  To establish a Commission on Men's and Women's Fairness in College 
                                Sports.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2023

  Ms. Sherrill (for herself and Ms. Salazar) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
  To establish a Commission on Men's and Women's Fairness in College 
                                Sports.

    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 ``Women in NCAA Sports Act''.

SEC. 2. ESTABLISHMENT.

    There is established a ``Commission on Men's and Women's Fairness 
in College Sports'' (in this Act referred to as the ``Commission'').

SEC. 3. DUTIES.

    (a) In General.--The duties of the Commission shall be to--
            (1) compare how the National Collegiate Athletic 
        Association (in this Act referred to as the ``NCAA'') operates 
        men's and women's championship tournaments across all sports 
        and other student-athlete programs with respect to the 
        treatment of the participating men's and women's college sports 
        teams; and
            (2) prepare and submit to Congress a report on its findings 
        with recommendations on how the NCAA can improve the fair 
        treatment of participating men's and women's teams in such 
        championship tournaments and student-athlete programs.
    (b) Content of Report.--On a date that is not later than 18 months, 
and not earlier than 12 months, after the establishment of the 
Commission, and that is not earlier than 6 months after the last day of 
the Division I Men's and Women's Basketball Championships that take 
place during the life of the Commission, the Commission shall prepare 
and submit to Congress a report on--
            (1) the findings identified after--
                    (A) studying and comparing the operations of the 
                NCAA with respect to treatment of the men's and women's 
                teams participating in the championship tournaments 
                across all sports and other student-athlete programs of 
                the NCAA (including venues and equipment provided for 
                games and practices, lodging and transportation, media 
                contracts, licensees, sponsors, and other fulfillment 
                partners who deliver essential elements of the 
                tournaments, and overall budgets); and
                    (B) studying the constitution of the NCAA, and 
                policies and practices of the NCAA that affect the fair 
                treatment of participating men's and women's college 
                sports teams, including--
                            (i) the promotion of objective and just 
                        treatment, advancement, equal opportunity, and 
                        access for women's teams;
                            (ii) the elimination of barriers that have 
                        prevented full participation of women's teams; 
                        and
                            (iii) the reduction of disparate outcomes 
                        for women;
            (2) recommendations, based on such findings, on policy 
        changes in the operations of the NCAA that could better promote 
        and advance the fair treatment described in paragraph (1)(B), 
        including clauses (i) through (iii) of such paragraph (1)(B);
            (3) an assessment of whether the NCAA has acted on such 
        recommendations or made other policy changes in its operations 
        that affect such fair treatment; and
            (4) an analysis of how the Federal Government supports the 
        operations of the NCAA, and recommendations for improved 
        Federal oversight of NCAA's promotion of such fair treatment in 
        its operations, championship tournaments, and student-athlete 
        programs.
    (c) Prohibition.--The Commission may not review or make 
recommendations on the eligibility of any athlete to participate in 
men's or women's college sports teams or in NCAA programming.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 16 
members, of which--
            (1) 4 members will be appointed by the Speaker of the House 
        of Representatives, in consultation with the Chair of the 
        Committee on Education and the Workforce of the House of 
        Representatives;
            (2) 4 members will be appointed by the minority leader of 
        the House of Representatives, in consultation with the ranking 
        minority member of the Committee on Education and the Workforce 
        of the House of Representatives;
            (3) 4 members will be appointed by the majority leader of 
        the Senate, in consultation with the Chair of the Committee on 
        Commerce, Science, and Transportation of the Senate; and
            (4) 4 members will be appointed by the minority leader of 
        the Senate, in consultation with the ranking minority member of 
        the Committee on Commerce, Science, and Transportation of the 
        Senate.
    (b) Qualifications.--
            (1) In general.--An individual appointed to serve as a 
        member of the Commission shall be an individual with experience 
        or professional expertise in college sports, fair treatment of 
        men's and women's college sports teams in NCAA operations, 
        championship tournaments, or student-athlete programs, or 
        compliance with title IX of the Education Amendments of 1972 
        (20 U.S.C. 1681 et seq.).
            (2) Special consideration.--In appointing a member of the 
        Commission, special consideration shall be given to former 
        college athletes, coaches, or athletic administrators.
    (c) Terms.--Each member of the Commission shall be appointed for 
the life of the Commission.
    (d) Compensation.--
            (1) In general.--Members of the Commission shall serve 
        without pay.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with applicable provisions under 
        subchapter I of chapter 57 of title 5, United States Code.
    (e) Quorum.--A simple majority of members of the Commission shall 
constitute a quorum but a lesser number may hold hearings.
    (f) Co-Chairs.--Two Commission Co-chairs shall be elected by the 
members of the Commission.
    (g) Vacancies.--A vacancy on the Commission shall not affect the 
powers of the Commission, and such vacancy shall be filled in the same 
manner in which the original appointment was made.
    (h) Meetings.--The Commission shall have at least one public 
meeting at the call of the majority of its members. Such meeting shall 
take place not later than 30 days after all members of the Commission 
are appointed under subsection (a).

SEC. 5. DIRECTOR; STAFF OF COMMISSION.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Co-chairs, with the approval of the Commission. To the 
extent or in the amounts provided in advance in appropriation Acts the 
Director shall be paid at the rate of basic pay for level IV of the 
Executive Schedule.
    (b) Staff.--Subject to rules agreed upon by the Commission, the 
Director may appoint and fix the pay of additional personnel as the 
Director considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
an individual so appointed may not receive pay in excess of the annual 
rate of basic pay for level IV of the Executive Schedule.
    (d) Personnel as Federal Employees.--
            (1) In general.--The Director and any personnel of the 
        Commission who are employees shall be employees under section 
        2105 of title 5, United States Code.
            (2) Members of commission.--Paragraph (1) shall not be 
        construed to apply to members of the Commission.
    (e) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, but at 
rates for individuals not to exceed the daily rate paid to a person 
occupying a position at level V of the Executive Schedule under section 
5315 of title 5, United States Code.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold public hearings, sit and act at times and 
places, take testimony, and receive evidence as the Commission 
considers appropriate. The Commission may administer oaths or 
affirmations to witnesses appearing before it. A hearing or any portion 
of it may be closed to the public by a majority vote of the Commission.
    (b) 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 section.
    (c) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (e) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas, in a 
        case in which the majority of its members vote for the issuance 
        of such a subpoena, 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.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), 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.
            (3) 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.
            (4) 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.
    (g) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may contract with and 
compensate government and private agencies or persons to enable the 
Commission to discharge its duties under this Act and other services, 
without regard to section 6101 of title 41, United States Code.

SEC. 7. TERMINATION.

    (a) In General.--The Commission, and all the authorities of this 
Act, shall terminate 60 days after the date on which the report is 
submitted under section 3(b).
    (b) Administrative Activities Before Termination.--The Commission 
may use the 60-day period referred to in subsection (a) for the purpose 
of concluding its activities, including providing testimony to 
committees of Congress concerning its report and disseminating the 
report.

SEC. 8. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as necessary to carry out this Act, of which--
            (1) 50 percent shall be derived from the applicable 
        accounts of the House of Representatives; and
            (2) 50 percent shall be derived from the contingent fund of 
        the Senate.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
                                 &lt;all&gt;
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