National Collegiate Athletics Accountability Act or the NCAA Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require schools that have an intercollegiate athletic program and are participating in title IV programs to abstain from membership in a nonprofit athletic association unless the association:
Makes title IX of the Education Amendments of 1972 inapplicable to any activity carried out by an institution of higher education to guarantee the continuance of student aid for student athletes in compliance with such membership requirements. (Title IX prohibits discrimination on the basis of sex or visual impairment under any education program that receives federal funds.)
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2903 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2903
To amend section 487(a) of the Higher Education Act of 1965 to provide
increased accountability of nonprofit athletic associations, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2013
Mr. Dent (for himself, Mrs. Beatty, Mr. Stivers, Mr. Perry, Mr.
Gerlach, Mr. Sensenbrenner, Mr. Thompson of Pennsylvania, Mr. Moran,
and Mr. Marino) introduced the following bill; which was referred to
the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend section 487(a) of the Higher Education Act of 1965 to provide
increased accountability of nonprofit athletic associations, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National
Collegiate Athletics Accountability Act'', or the ``NCAA Act''.
(b) Findings.--The Congress finds as follows:
(1) Nationwide, institutions of higher education receive
approximately $150,000,000,000 to $200,000,000,000 in funding
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) annually, including approximately $20,000,000,000
to $30,000,000,000 in Federal Pell Grants;
(2) In fiscal year 2014, institutions of higher education
are projected to receive approximately $140,000,000,000 in
Federal student aid under title IV of such Act, which accounts
for 77 percent of all funding received by these institutions
from the Federal Government.
(3) Funding under title IV of such Act is used to provide
grants, loans, and work-study funds from the Federal Government
to eligible students enrolled in institution of higher
education, including career schools.
(4) Many institutions of higher education participate in
voluntary, nonprofit athletic associations and athletic
conferences, with the largest such association having over
1,000 member institutions of higher education with more than
430,000 students participating in athletics, and providing
approximately $523,000,000 in revenue sharing to such members.
(5) Athletic programs at institutions of higher education
are some of the largest revenue generators for such
institutions nationwide, accounting for approximately
$6,100,000,000 in revenue from ticket sales, radio and
television receipts, alumni contributions, guarantees,
royalties, and association distributions.
(6) The Committee on a Sports Medicine of the American
Academy of Pediatrics published a classification of sports
based on the likelihood of contact, impact, or injury, and
determined that--
(A) boxing, field hockey, football, ice hockey,
lacrosse, martial arts, rodeo, soccer, and wrestling
are contact/collision sports; and
(B) baseball, basketball, bicycling, diving, high
jump, pole vault, gymnastics, horseback riding, ice
skating, roller skating, cross-country skiing, downhill
skiing, water skiing, softball, squash, handball, and
volleyball are limited-contact/impact sports.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) In the case of an institution that has an
intercollegiate athletic program, the institution will not be a
member of a nonprofit athletic association unless such
association--
``(A) requires annual baseline concussion testing
of each student athlete on the active roster of each
team participating in a contact/collision sport or a
limited-contact/impact sport (based on the most recent
classification of sports published by the Committee on
Sports Medicine of the American Academy of Pediatrics)
before such student athlete may participate in any
contact drills or activities;
``(B) prior to enforcing any remedy for an alleged
infraction or violation of the policies of such
association--
``(i) provides institutions and student
athletes with the opportunity for a formal
administrative hearing, not less than one
appeal, and any other due process procedure the
Secretary determines by regulation to be
necessary; and
``(ii) hold in abeyance any such remedy
until all appeals have been exhausted or until
the deadline to appeal has passed, whichever is
sooner;
``(C) with respect to institutions attended by
students receiving athletically related student aid (as
defined in section 485(e)), requires any such
athletically related student aid provided to student
athletes who play a contact/collision sport (based on
the most recent classification of sports published by
the Committee on Sports Medicine of the American
Academy of Pediatrics) to be--
``(i) guaranteed for the duration of the
student athlete's attendance at the
institution, up to 4 years; and
``(ii) irrevocable for reasons related to
athletic skill or injury of the student
athlete; and
``(D) does not have in place a policy that
prohibits institutions from paying stipends to student
athletes.''.
SEC. 3. APPLICATION OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) shall not apply with respect to any activity carried out by an
institution of higher education (as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002)) to comply with a
nonprofit athletic association membership requirement that is described
in paragraph (30)(C) of section 487(a) of such Act of 1965 (20 U.S.C.
1092(a)), as amended by section 2 of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Higher Education and Workforce Training.
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