I 118th CONGRESS 1st Session H. R. 2532 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.

1. Short title This Act may be cited as the Women in NCAA Sports Act . 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 ). 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. 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). 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. 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. 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. 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.