I 
116TH CONGRESS 
1ST SESSION H. R. 5528 
To establish a Congressional Advisory Commission on Intercollegiate Athletics 
to investigate the relationship between institutions of higher education 
and intercollegiate athletic programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 19, 2019 
Ms. SHALALA (for herself and Mr. SPANO) introduced the following bill; which 
was referred to the Committee on Education and Labor 
A BILL 
To establish a Congressional Advisory Commission on Inter-
collegiate Athletics to investigate the relationship between 
institutions of higher education and intercollegiate ath-
letic programs, 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. 
This Act may be cited as the ‘‘Congressional Advisory 
Commission on Intercollegiate Athletics Act of 2019’’ or 
the ‘‘CACIA Act of 2019’’. 
SEC. 2. FINDINGS. 
(a) FINDINGS.—Congress finds as follows: 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(1) Under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq.), in 2017–2018 in-
stitutions of higher education received funds in ex-
cess of $184.1 billion for Federal student support, 
including approximately $28.2 billion in Federal Pell 
Grants and over $40 billion in research grants. 
(2) Under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq.), in fiscal year 
2019 approximately $130.4 billion of Federal stu-
dent support was available for higher education, in-
cluding over $29 billion in Federal Pell Grants. 
(3) Many institutions of higher education volun-
tarily participate in athletic governance associations. 
(4) The largest athletic governance association 
includes over 1,100 institutions of higher education 
and more than 430,000 student athletes. This asso-
ciation generates over $1 billion annually and in 
2017–2018 it provided $609,000,000 in revenue 
sharing to Division 1 member institutions of higher 
education. 
(5) In 2018, intercollegiate athletic programs 
generated approximately $14 billion in revenue from 
ticket sales, radio and television receipts, alumni 
contributions, guarantees, royalties, and athletic gov-
ernance associations. This is a 226-percent increase 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
from 2003 when the revenue generated by such in-
stitutions was approximately $4 billion. 
(6) Most institutions of higher education are 
tax-exempt organizations whose donors benefit from 
tax-exempt contributions, including contributions re-
stricted by donors to support intercollegiate athletic 
programs. 
(7) Most intercollegiate athletic programs are 
heavily subsidized by the institution of higher edu-
cation that they represent, including support 
through institutional general funds, mandatory stu-
dent fees, and athletic capital projects that benefit 
from tax-exempt bonds. 
(8) The highest paid public employee in 41 out 
of 50 States is a head coach of an intercollegiate 
athletic program. 
(9) Many intercollegiate athletics programs 
have built lavish locker rooms, practice facilities, 
competition facilities, and other facilities to entice 
talented high school student athletes to attend the 
institution of higher education, even though access 
to such facilities are restricted from use by non-stu-
dent athletes. 
(10) Serious questions have arisen regarding 
whether institutions of higher education with highly 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
commercialized intercollegiate athletic programs fol-
low academic standards in admitting student ath-
letes, have adequate faculty oversight to ensure that 
student athletes are provided a quality education, 
have encouraged student athletes to consider the 
long-term consequences of athletic related injuries, 
provided student athletes access to comprehensive 
healthcare programs, and ensure that student ath-
letes have the same academic and employment op-
portunities as non-student athletes attending the in-
stitution of higher education. 
SEC. 
3. 
CONGRESSIONAL 
ADVISORY 
COMMISSION 
ON 
INTERCOLLEGIATE ATHLETIC PROGRAMS. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Congressional Advisory Com-
mission on Intercollegiate Athletics’’ (in this Act referred 
to as the ‘‘Commission’’). 
(b) DUTIES.—The duties of the Commission shall be 
to investigate and review the relationship between institu-
tions of higher education and intercollegiate athletic pro-
grams, including a review of— 
(1) the policies maintained by athletic govern-
ance associations and institutions of higher edu-
cation with respect to ensuring that student athletes 
can succeed in academics and athletics; 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(ii) a comparison between the percent-
age student athletes and percentage of 
non-student athletes who are— 
(I) taking independent studies 
classes; or 
(II) taking online courses; 
(iii) whether institutions of higher 
education conduct transparent and regular 
reviews of student athlete academic data; 
and 
(iv) whether tenured faculty conduct 
oversight of intercollegiate athletic pro-
grams with respect to student athlete aca-
demic achievement, including whether stu-
dent athletes has adequate time to prepare 
for and attend class; 
(4) how the academic eligibility standards re-
quired by athletic governance associations impact— 
(A) athletic scholarships offered to student 
athletes; and 
(B) the renewal of athletic scholarships of-
fered to student athletes; 
(5) how institutions of higher education finance 
intercollegiate athletic programs, disaggregated by 
competition level, including— 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(A) the general measures taken by institu-
tions of higher education to finance intercolle-
giate athletic programs; 
(B) whether student fees are used to fi-
nance intercollegiate athletic programs; 
(C) whether general funds are used to fi-
nance intercollegiate athletic programs; 
(D) whether institutions of higher edu-
cation receive funds and the amount of such 
funds from— 
(i) media contracts held by institu-
tions of higher education with respect to 
intercollegiate athletic programs; 
(ii) licensing agreements held by insti-
tutions of higher education with respect to 
intercollegiate athletic programs; and 
(iii) media conferences and other dis-
tributions held by an athletic governance 
association; 
(E) the amount of funds expended on 
coaching salaries and facilities development for 
intercollegiate athletic programs, disaggregated 
by gender, race, sport, and competition level; 
and 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(F) policies held by athletic governance as-
sociations with respect to the amount expended 
by institutions of higher education and the 
number of athletic participation opportunities 
provided by institutions of higher education to 
comply with— 
(i) title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.), 
including— 
(I) the percent of athletic partici-
pation opportunities offered to female 
and male student athletes in compari-
son to the enrollment of female and 
male non-student athletes, respec-
tively, at institutions of higher edu-
cation; and 
(II) the percent of total athletic 
scholarship funds offered to female 
and male student athletes, respec-
tively; and 
(ii) the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.), including— 
(I) the percent of athletic partici-
pation opportunities for students with 
disabilities compared to enrollment of 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
non-student athletes with disabilities 
at institutions of higher education; 
and 
(II) the percent of total athletic 
scholarship funds provided to student 
athletes with disabilities; 
(6) whether athletic governance associations re-
quire or encourage institutions of higher education 
to be transparent in academic and financial matters 
with respect to intercollegiate athletic programs, in-
cluding whether such institutions provide access to 
relevant data for independent research or inclusion 
in public reporting requirements; 
(7) the interaction between athletic governance 
associations and institutions of higher education, 
with respect to— 
(A) criteria for institutions of higher edu-
cation to receive financial support from an ath-
letic governance association; 
(B) criteria for institutions of higher edu-
cation to participate in a post-season champion-
ship competition; 
(C) the policies related to— 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(i) whether criteria established under 
subparagraphs (A) and (B) comply with 
Federal law; 
(ii) the award, renewal, or withdrawal 
of athletic scholarship funds, including— 
(I) 
multi-year 
financial 
aid 
awards; 
(II) whether cost of attendance is 
considered during the renewal or with-
drawal of an athletic scholarship; 
(III) whether awards of athletic 
scholarships are equally available to 
male and female student athletes; and 
(IV) 
whether 
gender 
neutral 
methods are used to determine eligi-
bility for an athletic scholarship; 
(iii) the award, renewal, and with-
drawal of summer school financial assist-
ance for student athletes, including— 
(I) whether awards of summer 
school financial assistance are equally 
available to male and female student 
athletes; and 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(II) 
whether 
gender 
neutral 
methods are used to determine eligi-
bility for such assistance; and 
(iv) employment, earnings and bene-
fits, and personal representation by mar-
keting agents of student athletes, including 
commercial compensation for the use of 
the name, image, or likeness of student 
athletes by themselves or institutions of 
higher education attended by such athlete; 
(8) policies held by institutions of higher edu-
cation with respect to recruitment and retention of 
student athletes, including— 
(A) policies governing the recruitment 
process of student athletes, including policies 
with respect to letters of intent; 
(B) policies governing individuals allowed 
to recruit prospective student athletes; 
(C) policies governing the transfer and 
dropout rate of student athletes; 
(D) the impact of the policies identified in 
subparagraphs (A) through (C) on prospective 
student athletes; and 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(E) the contractual terms of an athletic 
scholarship with respect to the ability of stu-
dent athletes to— 
(i) transfer to different institutions of 
higher education; and 
(ii) participate in professional sports; 
(9) oversight and guidance provided by athletic 
governance associations on— 
(A) academic support programs only avail-
able to student athletes, including tutoring and 
academic advising services; and 
(B) policies on the professional and ethical 
conduct of coaches and staff associated with 
student athletes; 
(10) policies held by intercollegiate athletic pro-
grams that encourage diverse leadership of such pro-
grams; 
(11) policies on the health and safety of student 
athletes, including the impact of— 
(A) medical policies implemented by ath-
letic governance associations, disaggregated by 
gender, race, sport, and competition level; 
(B) policies implemented by an intercolle-
giate athletic program to minimize the risk of 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
injury to student athletes, disaggregated by 
gender, race, sport and competition level; and 
(C) the provision of adequate athletic in-
jury insurance and medical services, including 
the extent to which such insurance coverage is 
provided beyond the exhaustion of athletic eligi-
bility, disaggregated by competition level; 
(12) whether athletic governance associations 
maintain a mechanism for addressing complaints 
that ensures due process protections for an indi-
vidual accused and is equally enforced with respect 
to— 
(A) all student athletes, institutional em-
ployees, and representatives; 
(B) student athletes accused of violence, 
sexual abuse, sexual harassment, or criminal 
conduct; 
(C) the professional and ethical conduct of 
coaches, athletic trainers, and other athletic de-
partment student development personnel; and 
(D) student athletes or faculty and staff of 
institutions of higher education involved in aca-
demic fraud; 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(13) the impact of the Internal Revenue Code 
of 1986 on revenue generated by intercollegiate ath-
letic programs; 
(14) the impact of Federal and State judicial 
decisions that affect— 
(A) compensation for student athletes; or 
(B) the right of student athletes to receive 
workplace protections; and 
(15) any other issue the Commission considers 
relevant to understanding the relationship between 
intercollegiate athletic programs and institutions of 
higher education. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 17 members appointed 
as follows: 
(A) Four members appointed by the 
Speaker of the House of Representatives, in-
cluding— 
(i) one Member of the House of Rep-
resentatives; and 
(ii) three individuals who are not 
Members of Congress. 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
(B) Four members appointed by the mi-
nority leader of the House of Representatives, 
including— 
(i) one Member of the House of Rep-
resentatives; and 
(ii) three individuals who are not 
Members of Congress. 
(C) Four members appointed by the major-
ity leader of the Senate, including— 
(i) one Member of the Senate; and 
(ii) three individuals who are not 
Members of Congress. 
(D) Four members appointed by the mi-
nority leader of the Senate, including— 
(i) one Member of the Senate; and 
(ii) three individuals who are not 
Members of Congress. 
(E) One member appointed by the Sec-
retary of Education. 
(2) QUALIFICATIONS.— 
(A) IN
GENERAL.—Individuals appointed 
under paragraph (1) shall be specially qualified 
to serve on the Commission by virtue of their 
education or experience on issues related to 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
intercollegiate athletic programs, higher edu-
cation, and civil rights. 
(B) COORDINATION
TO
ENSURE
DIVER-
SITY.—Individuals appointed under paragraph 
(1) shall be coordinated to ensure diversity. 
(3) CHAIR OF THE COMMISSION.—The Chair of 
the Commission shall be elected by a majority of the 
members of the Commission. 
(4) CONTINUATION
OF
MEMBERSHIP.—If a 
member was appointed to the Commission as a 
Member of Congress, that member may continue to 
serve on the Commission. 
(5) TERMS.—Each member shall be appointed 
for the term of the Commission. 
(6) VACANCIES.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(7) BASIC PAY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), members of the Commission 
shall serve without pay. 
(B) TRAVEL EXPENSES.—In carrying out 
the duties of the Commission, each member of 
the Commission shall receive travel expenses, 
including per diem in lieu of subsistence, and 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528
other necessary expenses in accordance with ap-
plicable provisions under subchapter I of chap-
ter 57 of title 5, United States Code. 
(d) MEETINGS.—Beginning not later than 90 days 
after the enactment of this Act, the Commission shall meet 
at the call of the Chair or a majority of its members. 
(e) DIRECTOR AND STAFF OF COMMISSION.— 
(1) DIRECTOR.—The Commission shall have a 
Director, appointed by the Chair of the Commission. 
(2) STAFF.—The Commission may appoint and 
fix the pay of personnel as necessary to carry out 
the duties of this Act. 
(3) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Commission 
shall be appointed without regard to the provisions 
of title 5, United States Code, governing appoint-
ments in the competitive service, and without regard 
to the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification 
and General Schedules pay rates, except that no rate 
of pay fixed under this paragraph may exceed the 
equivalent of that payable for a position at level V 
of the Executive Schedule under section 5316 of title 
5, United States Code. 
VerDate Sep 11 2014 
17:27 Dec 29, 2019
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5528.IH
H5528