,i #aafth ,,congress #ast ,session ,h4 ,r4 #eebh ,,in ,,the ,,house ,,of ,,representatives ,december #ai1 #bjai,ms4 ,shalala 7for herself and ,mr4 ,spano7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to establish a ,congressional ,advisory ,commission on ,intercollegiate ,athletics to investigate the relationship between institutions of higher education and intercollegiate athletic programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,congressional ,advisory ,commission on ,intercollegiate ,athletics ,act of #bjai or the ,,cacia ,act of #bjai4 #b4 ,findings 7a7 ,findings ,congress finds as follows3 7#a7 ,under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 in #bjag-bjah institutions of higher education received funds in excess of #ahd4a billion for ,federal student support1 including approximately #bh4b billion in ,federal ,pell ,grants and over #dj billion in research grants4 7#b7 ,under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 in fiscal year #bjai approximately #acj4d billion of ,federal student support was available for higher education1 including over #bi billion in ,federal ,pell ,grants4 7#c7 ,many institutions of higher education voluntarily participate in athletic governance associations4 7#d7 ,the largest athletic governance association includes over #a1ajj institutions of higher education and more than #dcj1jjj student athletes4 ,this association generates over #a billion annually and in #bjag-bjah it provided #fji1jjj1jjj in revenue sharing to ,division #a member institutions of higher education4 7#e7 ,in #bjah1 intercollegiate athletic programs generated approximately #ad billion in revenue from ticket sales1 radio and television receipts1 alumni contributions1 guarantees1 royalties1 and athletic governance associations4 ,this is a #bbf-percent increase from #bjjc when the revenue generated by such institutions was approximately #d billion4 7#f7 ,most institutions of higher education are tax-exempt organizations whose donors benefit from tax-exempt contributions1 including contributions restricted by donors to support intercollegiate athletic programs4 7#g7 ,most intercollegiate athletic programs are heavily subsidized by the institution of higher education that they represent1 including support through institutional general funds1 mandatory student fees1 and athletic capital projects that benefit from tax-exempt bonds4 7#h7 ,the highest paid public employee in #da out of #ej ,states is a head coach of an intercollegiate athletic program4 7#i7 ,many intercollegiate athletics programs have built lavish locker rooms1 practice facilities1 competition facilities1 and other facilities to entice talented high school student athletes to attend the institution of higher education1 even though access to such facilities are restricted from use by non-student athletes4 7#aj7 ,serious questions have arisen regarding whether institutions of higher education with highly commercialized intercollegiate athletic programs follow academic standards in admitting student athletes1 have adequate faculty oversight to ensure that student athletes are provided a quality education1 have encouraged student athletes to consider the long-term consequences of athletic related injuries1 provided student athletes access to comprehensive healthcare programs1 and ensure that student athletes have the same academic and employment opportunities as non-student athletes attending the institution of higher education4 #c4 ,congressional advisory commission on intercollegiate athletic programs 7a7 ,establishment ,there is established a commission to be known as the ,congressional ,advisory ,commission on ,intercollegiate ,athletics 7in this ,act referred to as the ,commission74 7b7 ,duties ,the duties of the ,commission shall be to investigate and review the relationship between institutions of higher education and intercollegiate athletic programs1 including a review of-- 7#a7 the policies maintained by athletic governance associations and institutions of higher education with respect to ensuring that student athletes can succeed in academics and athletics2 7#b7 the impact of policies identified under paragraph 7#a7 on-- 7,a7 the education of undergraduate student athletes1 as measured by ,federal graduation rates1 compared to undergraduate non-student athletes as a whole and disaggregated by gender1 race1 sport1 transfer rates1 and competition level2 7,b7 the ability of student athletes to select academic courses and a major2 and 7,c7 the ability of student athletes to transfer1 without a residency requirement1 to other institutions of higher education2 7#c7 the impact of intercollegiate athletic programs on the-- 7,a7 academic mission of institutions of higher education2 and 7,b7 academic integrity of institutions of higher education1 including-- 7i7 whether academic support programs are provided for student athletes by an athletic department or academic office at institutions of higher education2 7ii7 a comparison between the percentage student athletes and percentage of non-student athletes who are-- 7,i7 taking independent studies classes2 or 7,,ii7 taking online courses2 7iii7 whether institutions of higher education conduct transparent and regular reviews of student athlete academic data2 and 7iv7 whether tenured faculty conduct oversight of intercollegiate athletic programs with respect to student athlete academic achievement1 including whether student athletes has adequate time to prepare for and attend class2 7#d7 how the academic eligibility standards required by athletic governance associations impact-- 7,a7 athletic scholarships offered to student athletes2 and 7,b7 the renewal of athletic scholarships offered to student athletes2 7#e7 how institutions of higher education finance intercollegiate athletic programs1 disaggregated by competition level1 including-- 7,a7 the general measures taken by institutions of higher education to finance intercollegiate athletic programs2 7,b7 whether student fees are used to finance intercollegiate athletic programs2 7,c7 whether general funds are used to finance intercollegiate athletic programs2 7,d7 whether institutions of higher education receive funds and the amount of such funds from-- 7i7 media contracts held by institutions of higher education with respect to intercollegiate athletic programs2 7ii7 licensing agreements held by institutions of higher education with respect to intercollegiate athletic programs2 and 7iii7 media conferences and other distributions held by an athletic governance association2 7,e7 the amount of funds expended on coaching salaries and facilities development for intercollegiate athletic programs1 disaggregated by gender1 race1 sport1 and competition level2 and 7,f7 policies held by athletic governance associations 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-- 7i7 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 including-- 7,i7 the percent of athletic participation opportunities offered to female and male student athletes in comparison to the enrollment of female and male non-student athletes1 respectively1 at institutions of higher education2 and 7,,ii7 the percent of total athletic scholarship funds offered to female and male student athletes1 respectively2 and 7ii7 the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 including-- 7,i7 the percent of athletic participation opportunities for students with disabilities compared to enrollment of non-student athletes with disabilities at institutions of higher education2 and 7,,ii7 the percent of total athletic scholarship funds provided to student athletes with disabilities2 7#f7 whether athletic governance associations require or encourage institutions of higher education to be transparent in academic and financial matters with respect to intercollegiate athletic programs1 including whether such institutions provide access to relevant data for independent research or inclusion in public reporting requirements2 7#g7 the interaction between athletic governance associations and institutions of higher education1 with respect to-- 7,a7 criteria for institutions of higher education to receive financial support from an athletic governance association2 7,b7 criteria for institutions of higher education to participate in a post-season championship competition2 7,c7 the policies related to-- 7i7 whether criteria established under subparagraphs 7,a7 and 7,b7 comply with ,federal law2 7ii7 the award1 renewal1 or withdrawal of athletic scholarship funds1 including-- 7,i7 multi-year financial aid awards2 7,,ii7 whether cost of attendance is considered during the renewal or withdrawal of an athletic scholarship2 7,,iii7 whether awards of athletic scholarships are equally available to male and female student athletes2 and 7,,iv7 whether gender neutral methods are used to determine eligibility for an athletic scholarship2 7iii7 the award1 renewal1 and withdrawal of summer school financial assistance for student athletes1 including-- 7,i7 whether awards of summer school financial assistance are equally available to male and female student athletes2 and 7,,ii7 whether gender neutral methods are used to determine eligibility for such assistance2 and 7iv7 employment1 earnings and benefits1 and personal representation by marketing agents of student athletes1 including commercial compensation for the use of the name1 image1 or likeness of student athletes by themselves or institutions of higher education attended by such athlete2 7#h7 policies held by institutions of higher education with respect to recruitment and retention of student athletes1 including-- 7,a7 policies governing the recruitment process of student athletes1 including policies with respect to letters of intent2 7,b7 policies governing individuals allowed to recruit prospective student athletes2 7,c7 policies governing the transfer and dropout rate of student athletes2 7,d7 the impact of the policies identified in subparagraphs 7,a7 through 7,c7 on prospective student athletes2 and 7,e7 the contractual terms of an athletic scholarship with respect to the ability of student athletes to-- 7i7 transfer to different institutions of higher education2 and 7ii7 participate in professional sports2 7#i7 oversight and guidance provided by athletic governance associations on-- 7,a7 academic support programs only available to student athletes1 including tutoring and academic advising services2 and 7,b7 policies on the professional and ethical conduct of coaches and staff associated with student athletes2 7#aj7 policies held by intercollegiate athletic programs that encourage diverse leadership of such programs2 7#aa7 policies on the health and safety of student athletes1 including the impact of-- 7,a7 medical policies implemented by athletic governance associations1 disaggregated by gender1 race1 sport1 and competition level2 7,b7 policies implemented by an intercollegiate athletic program to minimize the risk of injury to student athletes1 disaggregated by gender1 race1 sport and competition level2 and 7,c7 the provision of adequate athletic injury insurance and medical services1 including the extent to which such insurance coverage is provided beyond the exhaustion of athletic eligibility1 disaggregated by competition level2 7#ab7 whether athletic governance associations maintain a mechanism for addressing complaints that ensures due process protections for an individual accused and is equally enforced with respect to-- 7,a7 all student athletes1 institutional employees1 and representatives2 7,b7 student athletes accused of violence1 sexual abuse1 sexual harassment1 or criminal conduct2 7,c7 the professional and ethical conduct of coaches1 athletic trainers1 and other athletic department student development personnel2 and 7,d7 student athletes or faculty and staff of institutions of higher education involved in academic fraud2 7#ac7 the impact of the ,internal ,revenue ,code of #aihf on revenue generated by intercollegiate athletic programs2 7#ad7 the impact of ,federal and ,state judicial decisions that affect-- 7,a7 compensation for student athletes2 or 7,b7 the right of student athletes to receive workplace protections2 and 7#ae7 any other issue the ,commission considers relevant to understanding the relationship between intercollegiate athletic programs and institutions of higher education4 7c7 ,membership 7#a7 ,number and appointment ,the ,commission shall be composed of #ag members appointed as follows3 7,a7 ,four members appointed by the ,speaker of the ,house of ,representatives1 including-- 7i7 one ,member of the ,house of ,representatives2 and 7ii7 three individuals who are not ,members of ,congress4 7,b7 ,four members appointed by the minority leader of the ,house of ,representatives1 including-- 7i7 one ,member of the ,house of ,representatives2 and 7ii7 three individuals who are not ,members of ,congress4 7,c7 ,four members appointed by the majority leader of the ,senate1 including-- 7i7 one ,member of the ,senate2 and 7ii7 three individuals who are not ,members of ,congress4 7,d7 ,four members appointed by the minority leader of the ,senate1 including-- 7i7 one ,member of the ,senate2 and 7ii7 three individuals who are not ,members of ,congress4 7,e7 ,one member appointed by the ,secretary of ,education4 7#b7 ,qualifications 7,a7 ,in general ,individuals appointed under paragraph 7#a7 shall be specially qualified to serve on the ,commission by virtue of their education or experience on issues related to intercollegiate athletic programs1 higher education1 and civil rights4 7,b7 ,coordination to ensure diversity ,individuals appointed under paragraph 7#a7 shall be coordinated to ensure diversity4 7#c7 ,chair of the ,commission ,the ,chair of the ,commission shall be elected by a majority of the members of the ,commission4 7#d7 ,continuation of membership ,if a member was appointed to the ,commission as a ,member of ,congress1 that member may continue to serve on the ,commission4 7#e7 ,terms ,each member shall be appointed for the term of the ,commission4 7#f7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7#g7 ,basic pay 7,a7 ,in general ,except as provided in subparagraph 7,b71 members of the ,commission shall serve without pay4 7,b7 ,travel expenses ,in carrying out the duties of the ,commission1 each member of the ,commission shall receive travel expenses1 including per diem in lieu of subsistence1 and other necessary expenses in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7d7 ,meetings ,beginning not later than #ij days after the enactment of this ,act1 the ,commission shall meet at the call of the ,chair or a majority of its members4 7e7 ,director and staff of ,commission 7#a7 ,director ,the ,commission shall have a ,director1 appointed by the ,chair of the ,commission4 7#b7 ,staff ,the ,commission may appoint and fix the pay of personnel as necessary to carry out the duties of this ,act4 7#c7 ,applicability of certain civil service laws ,the ,director and staff of the ,commission shall be appointed 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 ,schedules 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 7#d7 ,staff of ,federal agencies ,upon request of the ,commission1 the head of any ,federal department or agency may detail1 on a reimbursable basis1 any of the personnel of that department or agency to the ,commission to assist it in carrying out its duties under this ,act4 7f7 ,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 7g7 ,administrative support ,upon the request of the ,commission1 the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this ,act4 7h7 ,powers of the ,commission 7#a7 ,hearings and sessions ,the ,commission may1 for the purpose of carrying out this ,act1 hold hearings1 sit and act at times and places1 take testimony1 and receive evidence as the ,commission considers appropriate4 7#b7 ,subpoena power 7,a7 ,in general ,the ,commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the ,commission4 ,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 ,states4 7,b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under subparagraph 7,a71 the ,commission may apply to a ,united ,states district court for an order requiring that person to appear before the ,commission to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7,c7 ,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 courts4 7,d7 ,service of process ,all process of any court to which application is made under paragraph 7#b7 may be served in the judicial district in which the person required to be served resides or may be found4 7#c7 ,powers of members and agents ,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#d7 ,contract authority 7,a7 ,in general ,to the extent or in the amounts provided in advance in appropriation ,acts1 the ,commission may enter into contracts with and compensate government and private entities or persons for the purpose of conducting research or surveys necessary for the ,commission to carry out its duties under this ,act4 7,b7 ,exception for athletic governance associations ,athletic governance associations shall not be eligible for compensation under subparagraph 7,a74 7i7 ,report ,not later than two years after the date on which the ,committee meets for the first time1 the ,commission shall submit a report to ,congress1 including-- 7#a7 a summary of the review conducted and findings derived under subsection 7b72 and 7#b7 recommendations based on the review and analysis conducted under this section4 7j7 ,termination ,the ,commission shall terminate on the date that is #cj days after the report required under subsection 7i7 is submitted to ,congress4 7k7 ,authorization of appropriations ,there is authorized to be appropriated for each of fiscal years #bjba to #bjbb #b1jjj1jjj to carry out this ,act4 7l7 ,definitions ,in this section3 7#a7 ,athletic governance association ,the term athletic governance association means a governing body that sets rules for intercollegiate athletic programs and manages topics for members of the association1 including rules of the sport1 championships1 health and safety1 matters impacting women in athletics1 and other related issues4 7#b7 ,competition level ,the term competition level means the skill level of the student athletes participating within a national competitive division1 subdivision1 and conference affiliation4 7#c7 ,institutions of higher education ,the term institutions of higher education means an institution 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 support4 7#d7 ,intercollegiate athletic program ,the term intercollegiate athletic program means a collegiate level sport that requires student athletes to meet eligibility requirements established by an athletic governance association for the promotion and regulation of such sport4