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 intercolle-
giate sports activities. 
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 ‘‘Protection of Univer-
sity Governance Act of 2006’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) Voluntary collegiate self-regulation of inter-
collegiate sports activities is a traditional and desir-
able undertaking. 
(2) The regulation of intercollegiate sports ac-
tivities significantly affects interstate commerce. 
(3) Any attempt by an entity that regulates 
intercollegiate sports activities to impose its view of 
correct social policy on institutions of higher edu-
cation participating in such activities is inimical to 
the traditions of higher education in America and is 
inconsistent with university governance and aca-
demic freedom. Attempts to regulate institutions in 
this manner detract from the diversity of America 
and the independence of thought and spirit that are 
the essence of higher education in this Nation. 
SEC. 3. IMPROPER ACTIONS BY ENTITIES THAT REGULATE 
INTERCOLLEGIATE SPORTS ACTIVITIES. 
(a) IN GENERAL.—An entity that regulates inter-
collegiate sports activities shall not impose any penalty or 
sanction on, or deny any benefit to, an institution of high-
er education by reason of the team name, symbol, emblem, 
or mascot of any intercollegiate sports activity of such in-
stitution. 
(b) LIABILITY.—An entity that regulates intercolle-
giate sports activities shall be liable to an institution of 
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higher education that is aggrieved by such entity as a re-
sult of any violation of subsection (a). In any action 
brought under this subsection, the entity that regulates 
intercollegiate sports activities may be subject to injunc-
tion and shall be liable to the aggrieved institution of high-
er education for any damages caused thereby, including 
reasonable attorneys’ fees and costs. 
(c) JURISDICTION.—Any action brought under sub-
section (b) may be filed in an appropriate district court 
of the United States. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ENTITY
THAT
REGULATES
INTERCOLLE-
GIATE SPORTS ACTIVITIES.—The term ‘‘entity that 
regulates intercollegiate sports activities’’ means any 
entity that regulates intercollegiate sports activities 
and that is not a Federal, State, Tribal, territorial, 
or local government entity. 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ means an in-
stitution defined in section 102 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002), except that 
such term does not include an institution described 
in subsection (a)(1)(C) of that section. 
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SEC. 5. SEVERABILITY AND EFFECTIVE DATE. 
(a) SEVERABILITY.—The provisions of this Act are 
severable. If any provision of this Act, or any application 
thereof, is found unconstitutional, that finding shall not 
affect any provision or application of the Act not so adju-
dicated. 
(b) EFFECTIVE DATE.—This Act shall apply to any 
violation of section 3(a) by an entity that regulates inter-
collegiate sports activities which occurs on or after August 
4, 2005. 
Æ 
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