Collegiate Student Athlete Protection Act - Amends the Higher Education Act of 1965 to require an institution of higher education that has an athletic program that annually receives $10 million or more in income derived from media rights for television coverage of the institution's athletic program, in order to be an eligible institution for the purposes of federal student assistance and work-study programs, to comply with the following requirements:
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3545 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3545
To protect the academic futures of collegiate student athletes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2013
Mr. Cardenas (for himself, Mr. Cummings, Mr. Rangel, Mr. Ryan of Ohio,
Mr. Huffman, and Ms. McCollum) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To protect the academic futures of collegiate student athletes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``Collegiate Student
Athlete Protection Act''.
(b) Findings.--Congress finds as follows:
(1) Institutions of higher education that have athletic
programs that offer athletically related student aid
collectively generate billions of dollars annually from
contracts for media rights, and the revenue from such contracts
would not exist without the efforts of student athletes.
(2) Providing adequate health and safety protection for
student athletes can help prevent serious injury and death.
(3) Current and former student athletes are often left to
pay for medical expenses incurred from injuries suffered while
participating in intercollegiate athletics.
(c) Sense of Congress.--It is the sense of Congress that--
(1) institutions of higher education exist to further
educate, and to provide an opportunity to acquire a degree to,
all students who attend such institutions;
(2) institutions of higher education should ensure that a
sports-related injury does not hinder the opportunity of a
student athlete to graduate from the institution of higher
education the student athlete attends at the time of such
injury;
(3) institutions of higher education should make graduation
of all student athletes a priority, regardless of the on-field
performance of the student athletes;
(4) institutions of higher education should provide student
athletes with the same due process protections afforded to
students who do not participate in athletics;
(5) acknowledging the bodily risks taken by the student
athletes, institutions of higher education should ensure that
student athletes who otherwise could not afford proper health
insurance are provided such insurance to pay for sports-related
injuries; and
(6) due to the record level of revenues that athletic
programs provide for institutions of higher education, such
institutions have the responsibility to provide student
athletes with the highest level of education, and to provide
effective efforts to ensure that student athletes attain higher
education degrees from such institutions.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS.
(a) New Requirement for Programs of Assistance.--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)(A) In the case of an institution that has an
athletic program and that annually receives $10,000,000 or more
in income derived from media rights (as calculated in
accordance with subparagraph (B)) for the athletic program of
the institution, the institution will comply with the
requirements under subsection (k).
``(B) For the purposes of this paragraph, an institution of
higher education shall calculate the total amount of income the
institution derives annually from media rights by adding--
``(i) annual income derived from any contract for
media rights signed with any media entity by the
institution, determined by averaging the income derived
from the contract annually over the lifetime of the
contract;
``(ii) disbursements to the institution as a member
institution of an athletic conference, representing
member shares of the media rights of such conference;
and
``(iii) disbursements to the institution as a
participant in an event that is hosted by an entity
that--
``(I) hosts intercollegiate sporting
events; and
``(II) sells broadcast or media access to
that event.''.
(b) Athletic Program Requirements.--Section 487 of the Higher
Education Act of 1965 (20 U.S.C. 1094) is amended by adding at the end
the following:
``(k) Athletic Program Requirements.--
``(1) Definitions.--For the purposes of this subsection and
subsection (a)(30), the following definitions shall apply:
``(A) Athletic association.--The term `athletic
association' means an organization that is not an
institution of higher education and--
``(i) that is responsible for governing
athletic programs at multiple institutions of
higher education; or
``(ii) the primary purpose of which is to
host intercollegiate sporting events and sell
broadcast or media access to such events.
``(B) Athletic program.--The term `athletic
program' means an intercollegiate athletic program of
an institution of higher education.
``(C) Athletically related student aid.--The term
`athletically related student aid' shall have the
meaning given such term in section 485(e).
``(D) Graduation success rate.--The term
`graduation success rate'--
``(i) means the percentage of student
athletes who graduate from an institution of
higher education not later than 6 years after
initial enrollment at such institution,
including students who transfer to such
institution from another institution, but
excluding students who transfer out of such
institution who are in good academic standing
and, in accordance with the rules of the
athletic association governing such athletic
program, have not exhausted their eligibility
to participate in such program; and
``(ii) shall be calculated using the data
available for the 4 most recent academic years
in the exact manner as the rate is calculated
under the rules of the National Collegiate
Athletic Association on the date of enactment
of the Collegiate Student Athlete Protection
Act.
``(E) Health care professional.--The term `health
care professional' means--
``(i) a physician (including a medical
doctor or doctor of osteopathic medicine); or
``(ii) an athletic trainer--
``(I) who is registered, licensed,
certified, or otherwise statutorily
recognized by the State to provide
treatment; and
``(II) whose scope of practice and
experience includes the diagnosis and
management of traumatic brain injury.
``(F) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 102.
``(G) Media rights.--The term `media rights' means
contractual rights granted by an institution of higher
education or an athletic association to a television
network, in exchange for monetary payments to the
institution or association, to provide media coverage
of the institution's athletic program.
``(H) Student athlete.--The term `student athlete'
means a student enrolled at an institution of higher
education who participates in an athletic program.
``(2) Requirements.--To comply with this subsection for the
purposes of subsection (a)(30), an athletic program of an
institution of higher education described in subsection (a)(30)
shall meet the following requirements:
``(A) Completion of academic program after loss of
athletic scholarship.--
``(i) Loss due to injury.--
``(I) In general.--Each student
athlete who has received or contracted
to receive athletically related student
aid from an institution of higher
education for participation in an
athletic program and who subsequently
becomes ineligible for such aid for all
or part of an academic year due to an
injury or illness resulting from the
athlete's participation in the athletic
program shall, upon a determination by
a physician selected by the institution
and a physician that is not affiliated
with any institution, that the student
athlete is medically ineligible to
participate in such program, be
provided with institutional student aid
for the period described in subclause
(II) in an amount equivalent to the
amount the student would have received
in athletically related student aid for
such academic year (or part thereof) if
the student had not suffered such
injury or illness. The student shall
also receive continued academic
supports, including tutoring, at the
same level received prior to being
deemed medically ineligible, for the
entire period that the student receives
institutional student aid.
``(II) Period of aid.--The
institution of higher education shall
provide institutional student aid
required under subclause (I) for a
period that, combined with the total
duration of time the student previously
received athletically related student
aid, is equal to 5 academic years, or
until the student athlete completes the
athlete's undergraduate degree,
whichever time period is shorter. The
institution may, at its discretion,
provide institutional student aid for
an additional period.
``(III) Leave of absence.--In the
case of a student athlete who takes a
leave of absence from an institution of
higher education due to an injury or
illness resulting from the athlete's
participation in an athletic program,
the duration of such leave of absence
shall not be counted as part of the
period of required institutional
student aid due to the student under
subclause (II).
``(ii) Loss due to exhausted eligibility.--
``(I) In general.--Except as
provided in subclause (III), each
student athlete who has received
athletically related student aid from
an institution of higher education for
participation in an athletic program,
and who is maintaining academic
standing consistent with the
requirements for graduation, but who,
in accordance with the rules of the
athletic association governing such
athletic program, has exhausted the
athlete's athletic eligibility to
participate in such program before the
student has completed an undergraduate
degree shall be provided with
institutional student aid for the
period described in subclause (II) in
an amount equivalent to the amount the
student would have received in
athletically related student aid if the
student's athletic eligibility were not
exhausted.
``(II) Period of aid.--The
institution shall provide institutional
student aid required under subclause
(I) for a period of 1 year, or until
the student athlete completes an
undergraduate degree, whichever time
period is shorter.
``(III) Exception.--An institution
of higher education shall not be
required to provide institutional
student aid to a student athlete in
accordance with subclause (I) if such
student athlete received athletically
related student aid from the
institution for participation in a team
sport with a graduation success rate
for such team that is 70 percent or
higher.
``(iii) Involuntary loss for any reason
other than for cause.--
``(I) In general.--A student
athlete who has received athletically
related student aid from an institution
of higher education for participation
in an athletic program and who is
maintaining academic standing
consistent with the requirements for
graduation, but who will not receive
such aid for all or part of an academic
year because the student was
involuntarily dismissed from
participation in such athletic program
shall be provided with institutional
student aid in an amount equivalent to
the amount the student would have
received in athletically related
student aid for such academic year (or
part thereof) if the student had not
been dismissed.
``(II) Period of aid.--The
institution shall provide institutional
student aid required under subclause
(I) for a period that, combined with
the total duration of time the student
previously received athletically
related student aid, is equal to 5
academic years, or until the student
athlete completes the athlete's
undergraduate degree, whichever is time
period shorter. The institution may, at
its discretion, provide institutional
student aid for an additional period.
``(iv) Loss for cause.--
``(I) In general.--Notwithstanding
clauses (i) through (iii), a student
athlete who has received athletically
related student aid from an institution
of higher education for participation
in an athletic program shall not be
eligible for institutional student aid
required under this paragraph if the
student is dismissed from participation
in such program or otherwise denied
such aid for cause, except that a
student athlete may appeal the loss of
athletically related student aid to the
institution or an athletic association
of which the institution is a member,
as appropriate.
``(II) For cause.--In this clause,
the term `for cause' means that the
student was found by the institution of
higher education to have violated
academic or disciplinary standards of
the institution.
``(B) Mandatory workshop.--At the beginning of each
academic year, each first-year and third-year student
athlete shall be required to attend and complete an
`Athletics Participation Readiness' workshop conducted
by the institution of higher education. Such workshop
shall include--
``(i) information about the long-term
dangers of concussions and head injuries that
shall be administered by a health care
professional and include recent data from the
Centers for Disease Control and Prevention;
``(ii) information concerning financial aid
and debt management;
``(iii) a recommended budget for student
athletes for the academic year, based on the
institution's cost of attendance for such
academic year, that accounts for whether the
student athlete receives athletically related
student aid that covers all or part of such
cost, and whether the student lives on or off
campus;
``(iv) information on time management
skills necessary for success as a student
athlete;
``(v) academic resources available on
campus, including tutoring, career development,
and career search resources; and
``(vi) an explanation of the institution's
responsibilities and obligations to the student
athletes with respect to scholarship renewal,
medical insurance, and medical payments for
injury and illness resulting from participation
in an athletic program.
``(C) Disciplinary actions.--A student athlete who
faces loss or reduction of athletically related student
aid for a violation of a disciplinary standard of the
institution of higher education shall be provided the
opportunity for a formal administrative hearing, not
less than 1 appeal, and any other due process procedure
the Secretary determines by regulation to be necessary.
``(D) Transfer requests.--Each request by a student
athlete submitted to the institution of higher
education for a transfer to another institution of
higher education shall be granted or denied by the
institution at which the student is enrolled not later
than 7 business days after the date on which such
request is submitted to such institution.
``(E) Health care costs.--
``(i) Pell eligible students.--Except as
provided in clause (iv), each student athlete
who is eligible to receive a Federal Pell Grant
under subpart 1 of part A, shall be provided
with institutional aid, paid to the student
directly or to the insurer of such student on
the student's behalf, in an amount sufficient
to cover--
``(I) during the period of the
student's participation in an athletic
program of the institution--
``(aa) the premium
applicable to the insurance
plan in which the student is
enrolled;
``(bb) any deductible
applicable to such plan; and
``(cc) any other cost-
sharing or other out-of-pocket
expenses of the student with
respect to such plan, including
co-payments; and
``(II) in the case in which the
student suffers an injury or illness
resulting from the student's
participation in an athletic program of
the institution--
``(aa) the health insurance
costs described in items (aa)
through (cc) of subclause (I)
during the period of the
student's participation in an
athletic program of the
institution; and
``(bb) the costs described
in subclauses (I) through (III)
of clause (ii) for the duration
described in clause (iii).
``(ii) Injury-related costs.--Except as
provided in clause (iv), each student athlete
who suffers an injury or illness resulting from
the student's participation in an athletic
program of the institution shall be provided
with institutional aid, paid to the student
directly or to the insurer of such student on
the student's behalf, in an amount sufficient
to cover--
``(I) the premium applicable to the
insurance plan in which the student is
enrolled;
``(II) any deductible applicable to
such plan; and
``(III) for a period of not less
than 2 years after the student
athlete's graduation or separation from
the institution--
``(aa) any other cost-
sharing expenses of the student
with respect to such plan,
including co-payments; and
``(bb) any out-of-pocket
expenses of the student with
respect to such injury or
illness.
``(iii) Duration of aid.--An institution
shall provide a student athlete with the
institutional aid required under clause (ii)--
``(I) until the student's injury or
illness has been resolved and the
student has been cleared by a physician
to resume participation in an athletic
program; or
``(II) in the case of a student who
is suffering from an injury or illness
that requires ongoing medical
treatment, for a period of not less
than 2 years after the student
athlete's graduation or separation from
the institution.
``(iv) Preexisting conditions.--An
institution shall not be required to provide
institutional aid to a student athlete under
clause (i) or (ii) for any preexisting medical
condition that predates the student athlete's
participation in the athletic program.
``(F) Emergency action plans and written
policies.--The institution shall have--
``(i) venue-specific Emergency Action Plans
that are coordinated by the institution's
health care professional or sports medicine
staff and regularly rehearsed with local
emergency personnel to prevent, assess, and
treat sports-related injuries; and
``(ii) written policies and guidelines
related to exercise for and supervision of any
student athlete identified before or during
participation in an athletic program of the
institution to have a medical condition that is
potentially life-threatening and that could be
affected by the student athlete's participation
in such program.
``(G) Sports-related concussions.--The institution
shall provide 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 (based on the most
recent classification of sports published by the
Committee on Sports Medicine of the American Academy of
Pediatrics) that is administered by health care
professionals employed by the institution before such
student athlete may participate in any contact drills
or activities.
``(H) Compliance costs.--Costs to the institution
resulting from compliance with this paragraph shall be
paid exclusively from institutional revenue derived
from income described in subsection (a)(30)(B).''.
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Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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