,i #aafth ,,congress #ast ,session ,h4 ,r4 #bfgb ,,in ,,the ,,house ,,of ,,representatives ,may #aj1 #bjai,mr4 ,katko 7for himself and ,mr4 ,rush7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend section #dhg7;a7 of the ,higher ,education ,act of #aife 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 athletics1 and for other purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,national ,collegiate ,athletics ,accountability ,act1 or the ,,ncaa ,act4 7b7 ,findings ,the ,congress finds as follows3 7#a7 ,in fiscal year #bjai1 approximately #acj1djj1jjj1jjj of ,federal aid was available for higher education under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 including over #bi1jjj1jjj1jjj in ,federal ,pell ,grants4 7#b7 ,funding under title ,,iv of such ,act is used to provide grants1 loans1 and work-study funds from the ,federal ,government to eligible students enrolled in institutions of higher education1 including career schools4 7#c7 ,many institutions of higher education participate in voluntary1 nonprofit athletic associations and athletic conferences1 with the largest such association having over #a1jjj member institutions of higher education with more than #dgj1jjj students participating in athletics4 7#d7 ,athletic programs at institutions of higher education are some of the largest revenue generators for such institutions nationwide1 accounting for billions of dollars in annual revenue from ticket sales1 radio and television receipts1 alumni contributions1 guarantees1 royalties1 and association distributions4 #b4 ,program participation agreements ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,in the case of an institution that has an intercollegiate athletic program1 the institution will not be a member of a nonprofit athletic association unless such association-- 7,a7 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 7based on the most recent classification of sports published by the ,committee on ,sports ,medicine of the ,american ,academy of ,pediatrics7 before such student athlete may participate in any contact drills or activities2 7,b7 prior to enforcing any remedy for an alleged infraction or violation of the policies of such association-- 7i7 provides institutions and student athletes with the opportunity for a formal administrative hearing1 not less than one appeal1 and any other due process procedure the ,secretary determines by regulation to be necessary2 and 7ii7 holds in abeyance any such remedy until all appeals have been exhausted or until the deadline to appeal has passed1 whichever is sooner2 7,c7 with respect to institutions attended by students receiving athletically related student aid 7as defined in section #dhe7;e771 requires any such athletically related student aid provided to student athletes who play a contact or collision sport 7based on the most recent classification of sports published by the ,committee on ,sports ,medicine of the ,american ,academy of ,pediatrics7 to be-- 7i7 guaranteed for the duration of the student athlete's attendance at the institution1 up to #e years2 and 7ii7 irrevocable for reasons related to athletic skill or injury of the student athlete2 and 7,d7 does not have in place a policy restricting the ability of institutions to pay stipends to student athletes4 4 #c4 ,presidential commission on intercollegiate athletics 7a7 ,establishment ,there is established a commission to be known as the ,presidential ,commission on ,intercollegiate ,athletics4 7b7 ,duties 7#a7 ,review ,the ,commission shall review and analyze the following issues related to intercollegiate athletics3 7,a7 ,the interaction of athletics and academics1 including-- 7i7 the extent to which existing athletic practices allow student athletes to succeed as both students and athletes2 7ii7 how athletics affect the academic mission1 academic integrity1 and credit worthiness of institutions of higher education2 7iii7 graduation rates of student athletes2 and 7iv7 standards of academic eligibility for participation in and terms of scholarships for student athletes4 7,b7 ,the financing of intercollegiate athletics1 including-- 7i7 sources of revenue1 including student fees1 media contracts1 and licensing agreements2 7ii7 expenditures of revenue1 including compliance with title ,,ix of the ,education ,amendments of #aigb1 coaching salaries1 and facilities development2 7iii7 the ability of institutions of higher education to finance intercollegiate athletics2 7iv7 the financial transparency of intercollegiate athletics2 7v7 the criteria for receipt of financial disbursements or rewards from athletic membership associations2 7vi7 rules related to earnings and benefits by student athletes1 including the possibility of commercial compensation for the use of the names1 images1 and likenesses of student athletes and whether a student athlete may retain a personal representative to negotiate on behalf of the student athlete2 7vii7 tax regulations related to revenue from intercollegiate athletics2 and 7viii7 ,federal judicial decisions that affect compensation for student athletes or the right of student athletes to organize as a collective bargaining unit4 7,c7 ,recruitment and retention of student athletes1 including rules related to-- 7i7 professional sports participation2 7ii7 transfer of student athletes to other institutions2 and 7iii7 recruitment and representations made to potential student athletes4 7,d7 ,oversight and governance practices4 7,e7 ,health and safety protections for student athletes4 7,f7 ,due process and equal enforcement related to rules and regulations for student athletes4 7,g7 ,any other issues the ,commission considers relevant to understanding the state of intercollegiate athletics4 7#b7 ,recommendations ,the ,commission shall develop recommendations regarding the issues identified in paragraph 7#a7 based on the review and analysis of the issues under such paragraph4 7c7 ,membership 7#a7 ,in general ,the ,commission shall be composed of #ag members appointed as follows3 7,a7 ,five members appointed by the ,president1 in consultation with the ,secretary of ,education and the ,attorney ,general4 7,b7 ,three members appointed by the ,speaker of the ,house of ,representatives1 including-- 7i7 one ,member of the ,house of ,representatives2 and 7ii7 two individuals who are not ,members of ,congress4 7,c7 ,three members appointed by the minority leader of the ,house of ,representatives1 including-- 7i7 one ,member of the ,house of ,representatives2 and 7ii7 two individuals who are not ,members of ,congress4 7,d7 ,three members appointed by the majority leader of the ,senate1 including-- 7i7 one ,member of the ,senate2 and 7ii7 two individuals who are not ,members of ,congress4 7,e7 ,three members appointed by the minority leader of the ,senate1 including-- 7i7 one ,member of the ,senate2 and 7ii7 two individuals who are not ,members of ,congress4 7#b7 ,qualifications ,appointments shall be made from individuals who are specially qualified to serve on the ,commission by virtue of their education1 training1 or experience4 7#c7 ,vacancy ,any vacancy on the ,commission shall not affect the powers of the ,commission1 but shall be filled in the manner in which the original appointment was made4 7#d7 ,chair ,the ,chair of the ,commission shall be elected by the members4 7#e7 ,reimbursement2 service without pay ,members of the ,commission shall serve without pay1 except members of the ,commission shall be entitled to reimbursement for travel1 subsistence1 and other necessary expenses incurred by them in carrying out the functions of the ,commission1 in the same manner as persons employed intermittently by the ,federal ,government are allowed expenses under section #egjc of title #e1 ,united ,states ,code4 7d7 ,staff ,the ,commission may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the ,commission to carry out its functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7e7 ,meetings 7#a7 ,in general ,the ,commission shall meet at the call of the ,chair or of a majority of its members4 ,the ,commission shall meet on at least a biannual basis4 7#b7 ,first meeting ,the first such meeting shall occur not later than #ij days after the date of the enactment of this ,act4 7f7 ,powers 7#a7 ,in general ,the ,commission may1 for the purpose of carrying out this section1 hold hearings1 sit and act at times and places1 take testimony1 and receive evidence as the ,commission considers appropriate4 7#b7 ,delegation ,any member or agent of the ,commission may1 if authorized by the ,commission1 take any action which the ,commission is authorized to take by this subsection4 7#c7 ,access to information ,the ,commission may secure directly from any department or agency of the ,united ,states information necessary to enable it to carry out this section4 ,upon request of the ,commission1 the head of such department or agency shall furnish such information to the ,commission4 7#d7 ,use of mails ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as other departments and agencies of the ,united ,states4 7#e7 ,administrative support ,the ,administrator of ,general ,services shall provide to the ,commission on a reimbursable basis such administrative support services as the ,commission may request that are necessary for the ,commission to carry out its responsibilities under this section4 7g7 ,report ,not later than the date that is #a year after the date of the first meeting of the ,commission1 the ,commission shall submit to the ,president1 the ,chair and ,ranking ,member of the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,chair and ,ranking ,member of the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a written report of its findings and recommendations based on the review and analysis required by subsection 7b74 7h7 ,termination ,the ,commission shall terminate on the date that is #cj days after the date on which the ,commission submits the report required by subsection 7g74 7i7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,presidential ,commission on ,intercollegiate ,athletics established by subsection 7a74 7#b7 ,institution of higher education ,the term institution of higher education means any institution of higher education that-- 7,a7 meets the definition in section #ajb7;a77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a77#a772 and 7,b7 has student athletes who are eligible for ,federal student loans4