I 
116TH CONGRESS 
1ST SESSION H. R. 2672 
To amend section 487(a) of the Higher Education Act of 1965 to provide 
increased accountability of nonprofit athletic associations and to establish 
a commission to identify and examine issues of national concern related 
to the conduct of intercollegiate athletics, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2019 
Mr. KATKO (for himself and Mr. RUSH) introduced the following bill; which 
was referred to the Committee on Education and Labor 
A BILL 
To amend section 487(a) of the Higher Education Act of 
1965 to provide increased accountability of nonprofit ath-
letic associations and to establish a commission to iden-
tify and examine issues of national concern related to 
the conduct of intercollegiate athletics, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Collegiate Athletics Accountability Act’’, or the 
‘‘NCAA Act’’. 
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(b) FINDINGS.—The Congress finds as follows: 
(1) 
In 
fiscal 
year 
2019, 
approximately 
$130,400,000,000 of Federal aid was available for 
higher education under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.), includ-
ing over $29,000,000,000 in Federal Pell Grants. 
(2) Funding under title IV of such Act is used 
to provide grants, loans, and work-study funds from 
the Federal Government to eligible students enrolled 
in institutions of higher education, including career 
schools. 
(3) Many institutions of higher education par-
ticipate in voluntary, nonprofit athletic associations 
and athletic conferences, with the largest such asso-
ciation having over 1,000 member institutions of 
higher education with more than 470,000 students 
participating in athletics. 
(4) Athletic programs at institutions of higher 
education are some of the largest revenue generators 
for such institutions nationwide, accounting for bil-
lions of dollars in annual revenue from ticket sales, 
radio and television receipts, alumni contributions, 
guarantees, royalties, and association distributions. 
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SEC. 2. PROGRAM PARTICIPATION AGREEMENTS. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)) is amended by adding at the end the 
following: 
‘‘(30) In the case of an institution that has an 
intercollegiate athletic program, the institution will 
not be a member of a nonprofit athletic association 
unless such association— 
‘‘(A) requires annual baseline concussion 
testing of each student athlete on the active 
roster of each team participating in a contact 
or collision sport or a limited-contact or impact 
sport (based on the most recent classification of 
sports published by the Committee on Sports 
Medicine of the American Academy of Pediat-
rics) before such student athlete may partici-
pate in any contact drills or activities; 
‘‘(B) prior to enforcing any remedy for an 
alleged infraction or violation of the policies of 
such association— 
‘‘(i) provides institutions and student 
athletes with the opportunity for a formal 
administrative hearing, not less than one 
appeal, and any other due process proce-
dure the Secretary determines by regula-
tion to be necessary; and 
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‘‘(ii) holds in abeyance any such rem-
edy until all appeals have been exhausted 
or until the deadline to appeal has passed, 
whichever is sooner; 
‘‘(C) with respect to institutions attended 
by students receiving athletically related stu-
dent aid (as defined in section 485(e)), requires 
any such athletically related student aid pro-
vided to student athletes who play a contact or 
collision sport (based on the most recent classi-
fication of sports published by the Committee 
on Sports Medicine of the American Academy 
of Pediatrics) to be— 
‘‘(i) guaranteed for the duration of 
the student athlete’s attendance at the in-
stitution, up to 5 years; and 
‘‘(ii) irrevocable for reasons related to 
athletic skill or injury of the student ath-
lete; and 
‘‘(D) does not have in place a policy re-
stricting the ability of institutions to pay sti-
pends to student athletes.’’. 
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(i) sources of revenue, including stu-
dent fees, media contracts, and licensing 
agreements; 
(ii) expenditures of revenue, including 
compliance with title IX of the Education 
Amendments of 1972, coaching salaries, 
and facilities development; 
(iii) the ability of institutions of high-
er education to finance intercollegiate ath-
letics; 
(iv) the financial transparency of 
intercollegiate athletics; 
(v) the criteria for receipt of financial 
disbursements or rewards from athletic 
membership associations; 
(vi) rules related to earnings and ben-
efits by student athletes, including the pos-
sibility of commercial compensation for the 
use of the names, images, and likenesses of 
student athletes and whether a student 
athlete may retain a personal representa-
tive to negotiate on behalf of the student 
athlete; 
(vii) tax regulations related to revenue 
from intercollegiate athletics; and 
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(viii) Federal judicial decisions that 
affect compensation for student athletes or 
the right of student athletes to organize as 
a collective bargaining unit. 
(C) Recruitment and retention of student 
athletes, including rules related to— 
(i) professional sports participation; 
(ii) transfer of student athletes to 
other institutions; and 
(iii) recruitment and representations 
made to potential student athletes. 
(D) Oversight and governance practices. 
(E) Health and safety protections for stu-
dent athletes. 
(F) Due process and equal enforcement re-
lated to rules and regulations for student ath-
letes. 
(G) Any other issues the Commission con-
siders relevant to understanding the state of 
intercollegiate athletics. 
(2) 
RECOMMENDATIONS.—The 
Commission 
shall develop recommendations regarding the issues 
identified in paragraph (1) based on the review and 
analysis of the issues under such paragraph. 
(c) MEMBERSHIP.— 
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(1) IN
GENERAL.—The Commission shall be 
composed of 17 members appointed as follows: 
(A) Five members appointed by the Presi-
dent, in consultation with the Secretary of Edu-
cation and the Attorney General. 
(B) Three members appointed by the 
Speaker of the House of Representatives, in-
cluding— 
(i) one Member of the House of Rep-
resentatives; and 
(ii) two individuals who are not Mem-
bers of Congress. 
(C) Three members appointed by the mi-
nority leader of the House of Representatives, 
including— 
(i) one Member of the House of Rep-
resentatives; and 
(ii) two individuals who are not Mem-
bers of Congress. 
(D) Three members appointed by the ma-
jority leader of the Senate, including— 
(i) one Member of the Senate; and 
(ii) two individuals who are not Mem-
bers of Congress. 
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(E) Three members appointed by the mi-
nority leader of the Senate, including— 
(i) one Member of the Senate; and 
(ii) two individuals who are not Mem-
bers of Congress. 
(2) QUALIFICATIONS.—Appointments shall be 
made from individuals who are specially qualified to 
serve on the Commission by virtue of their edu-
cation, training, or experience. 
(3) VACANCY.—Any vacancy on the Commis-
sion shall not affect the powers of the Commission, 
but shall be filled in the manner in which the origi-
nal appointment was made. 
(4) CHAIR.—The Chair of the Commission shall 
be elected by the members. 
(5) 
REIMBURSEMENT; 
SERVICE
WITHOUT 
PAY.—Members of the Commission shall serve with-
out pay, except members of the Commission shall be 
entitled to reimbursement for travel, subsistence, 
and other necessary expenses incurred by them in 
carrying out the functions of the Commission, in the 
same manner as persons employed intermittently by 
the Federal Government are allowed expenses under 
section 5703 of title 5, United States Code. 
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(d) STAFF.—The Commission may appoint and fix 
the compensation of a staff director and such other per-
sonnel as may be necessary to enable the Commission to 
carry out its functions, without regard to the provisions 
of title 5, United States Code, governing appointments in 
the competitive service, and without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of 
such title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this para-
graph may exceed the equivalent of that payable for a po-
sition at level V of the Executive Schedule under section 
5316 of title 5, United States Code. 
(e) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
at the call of the Chair or of a majority of its mem-
bers. The Commission shall meet on at least a bian-
nual basis. 
(2) FIRST MEETING.—The first such meeting 
shall occur not later than 90 days after the date of 
the enactment of this Act. 
(f) POWERS.— 
(1) IN GENERAL.—The Commission may, for 
the purpose of carrying out this section, hold hear-
ings, sit and act at times and places, take testimony, 
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