,,iv  #aagth ,,congress  #ast ,session  
,h4 ,,con4 ,,res4 #ci  ,,in ,,the       
,,house ,,of ,,representatives  ,june   
#bi1 #bjba,ms4 ,speier 7for herself1    
,ms4 ,sherrill1 ,ms4 ,norton1 ,ms4 ,chu1
 ,mrs4 ,carolyn ,b4 ,maloney of ,new    
,york1 ,mrs4 ,trahan1 ,mrs4 ,lawrence1  
,mr4 ,cicilline1 ,mr4 ,lowenthal1 ,mr4  
,mc,govern1 ,ms4 ,meng1 ,ms4 ,ross1 ,mr4
 ,levin of ,michigan1 ,ms4 ,jayapal1    
,mr4 ,kahele1 and ,ms4 ,schakowsky7     
submitted the following concurrent      
resolution2 which was referred to the   
,committee on ,education and ,labor     
,,concurrent ,,resolution  ,expressing  
the sense of ,congress that title ,,ix  
of the ,education ,amendments of #aigb  
applies to the ,national ,collegiate    
,athletics ,association 7,,ncaa71 and   
the ,national ,collegiate ,athletics    
,association 7,,ncaa7 should work to    
prevent discrimination on the basis of  
sex in its programs and activities4     
,whereas title ,,ix of the ,education   
,amendments of #aigb 7#bj ,u4,s4,c4     

#afha et seq47 prohibits sex            
discrimination in all educational       
programs and activities that receive    
,federal assistance1 including athletics
 programs2 ,whereas title ,,ix was      
intended to avoid the use of ,federal   
resources to support discriminatory     
practices and to provide individuals    
effective protection against such       
practices2 ,whereas title ,,ix does not1
 on its face1 confine the list of those 
liable under the statute to recipients  
of ,federal funds1 but simply prohibits 
discrimination under any education      
program or activity receiving ,federal  
financial assistance2 ,whereas1 in the  
applicable implementing regulations for 
the ,department of ,education1 the      
,department of ,education requires      
educational programs to offer students  
of all sexes equal opportunities to play
 sports1 to allocate athletic           
scholarships equitably1 and to treat    
athletes of all sexes equally with      
respect to other benefits and services4 

7,benefits and services include         
equipment and supplies1 scheduling of   
games and practice times1 travel and    
daily allowance1 locker rooms1 practice 
and competitive facilities1 medical and 
training facilities and services1       
housing and dining facilities and       
services1 publicity and promotions1     
support services1 and recruitment of    
student athletes472 ,whereas the section
 #ijh of the ,education ,amendments of  
#aigb 7#bj ,u4,s4,c4 #afhg7 broadly     
defines a program or activity that      
receives ,federal funds to mean all of  
the operations of a list of entities1   
including colleges and universities1    
private organizations principally       
engaged in education1 and any other     
entity established by #b or more of the 
listed entities--or what ,congress      
termed the catch-all provision2         
,whereas1 in interpreting title ,,ix1   
,federal courts have correctly held that
 any entity that exercises controlling  
authority over a federally funded       

program is subject to title ,,ix1       
regardless of whether that entity is    
itself a recipient of ,federal aid2     
,whereas ,federal courts have held that 
,state athletic associations exercise   
controlling authority over              
interscholastic athletics programs and  
are therefore subject to title ,,ix     
7,among other things1 ,state athletic   
associations set sports seasons1 sponsor
 ,state championship tournaments1 and   
set eligibility requirements for student
 participation in sports4 ,their        
membership is comprised primarily of    
educational institutions that receive   
,federal funds and must comply with     
title ,,ix4 ,in order for ,state        
athletic associations to control and    
regulate athletics1 member institutions 
must cede their own ability to control  
many aspects of their athletics programs
 to the athletic association472 ,whereas
 ,federal courts have correctly reasoned
 that not subjecting athletic           
associations to title ,,ix would        

encourage ,federal recipients to empower
 someone else to promulgate             
discriminatory policies to avoid title  
,,ix liability4 ,such an interpretation 
would allow ,federal funds to promote   
sex discrimination and would therefore  
run afoul of the plain language1        
meaning1 and purpose of title ,,ix2     
,whereas1 like ,state athletic          
associations1 the ,,ncaa exercises      
controlling authority over its federally
 funded member institutions' athletics  
programs2 ,whereas the ,,ncaa is subject
 to title ,,ix because1 pursuant to     
section #ijh of such ,act1 it is an     
organization established by two or more 
colleges or universities that receive   
,federal funds2 ,whereas the ,,ncaa is  
subject to title ,,ix because1 pursuant 
to section #ijh of such ,act1 it is an  
operation of its federally funded member
 schools2 ,whereas1 while the ,supreme  
,court ruled in ,,ncaa v4 ,smith1 #ebe  
,,us #dei 7#aiii71 that the ,,ncaa is   
not subject to title ,,ix by virtue of  

the dues it receives from its federally 
funded member schools1 the ,supreme     
,court left open the question of whether
 the ,,ncaa is subject to title ,,ix on 
alternative grounds1 including based on 
its controlling authority over member   
schools' federally funded athletics     
programs or pursuant to the definition  
of program or activity in section #ijh  
of such ,act2 ,whereas the ,,ncaa is an 
unincorporated association of           
approximately #a1bjj members1 including 
virtually all public and private        
universities and #d-year colleges       
conducting major athletics programs in  
the ,united ,states4 ,members of the    
,,ncaa that receive ,federal funds are  
subject to title ,,ix2 ,whereas member  
schools cede control to the ,,ncaa by   
allowing it to host #ij intercollegiate 
championship tournaments in #bd sports  
across #c divisions 7,during            
championship tournaments1 the ,,ncaa    
controls the medical1 training1 housing1
 dining1 and competition facilities1 and

 dictates the tournament schedule and   
the publicity and promotion of the      
teams472 ,whereas1 because the ,,ncaa is
 subject to title ,,ix1 it must address 
documented discrimination against       
women's teams in the benefits and       
services provided during championship   
tournaments so that student athletes who
 experience sex discrimination during   
the regular season who are able to seek 
remedies under title ,,ix have the same 
remedies when they experience           
inequitable access to benefits or       
services during intercollegiate         
championship tournaments and other      
barriers to exercising their rights2    
,whereas1 despite being subject to title
 ,,ix1 the ,,ncaa provided inequitable  
benefits and services to women's        
basketball teams in its #bjba ,division 
,i ,tournaments1 including inferior     
publicity1 promotions1 equipment1       
supplies1 food1 facilities1 travel      
accommodations1 and health care         
protocols and resources2 ,whereas these 

disparities are contrary to the letter  
and spirit of title ,,ix1 undermine     
efforts to ensure gender equity in      
sports and society writ large1 and hold 
women and girls back from reaching their
 full potential2 and ,whereas the ,,ncaa
 leadership and ,board of ,governors of 
the ,,ncaa should publicly release all  
findings and recommendations of the     
comprehensive review of gender equity   
issues in ,,ncaa sports announced on    
,march #be1 #bjba1 including actionable 
next steps to ensure transparency and   
meaningful change3 ,now1 therefore1 be  
it ,that it is the sense of ,congress   
that the ,national ,collegiate          
,athletics ,association 7,,ncaa7 is     
subject to title ,,ix of the ,education 
,amendments of #aigb 7#bj ,u4,s4,c4     
#afha et seq47 and should work to       
prevent discrimination on the basis of  
sex in its programs and activities4