Establishes the Presidential Commission on Intercollegiate Athletics to review, analyze, and report to the President and Congress on the following issues related to intercollegiate athletics:
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5743 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5743
To establish a commission to identify and examine issues of national
concern related to the conduct of intercollegiate athletics, to make
recommendations for the resolution of the issues, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2014
Mr. Moran (for himself, Mr. Rush, Mr. George Miller of California, Mr.
Scott of Virginia, Mr. Van Hollen, Mr. Holt, Mr. Sensenbrenner, Mr.
Runyan, Mr. Dent, Mr. Cardenas, and Mr. McGovern) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To establish a commission to identify and examine issues of national
concern related to the conduct of intercollegiate athletics, to make
recommendations for the resolution of the issues, 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. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) properly conducted intercollegiate athletic programs
contribute to the beneficial development of student athletes
and the vibrancy of campus life at institutions of higher
education;
(2) recent events pose grave threats to the financial
stability of athletic programs at institutions of higher
education and create pressure on institutions of higher
education to consider eliminating non-revenue Olympic sports or
increasing general fund, student fee, and donor subsidies to
athletics at a time when such resources are needed for priority
academic programs;
(3) there are concerns about the health and safety needs of
student athletes with regard to adequacy of injury protections
and other medical protocols;
(4) academic integrity at institutions of higher education
is threatened by increased incidences of academic fraud
involving student athletes, failure to provide adequate
remedial programs for academically unprepared admitted
athletes, and excessive athletics time demands;
(5) student athletes faced with loss of financial aid and
other benefits and National Collegiate Athletic Association
(NCAA) member institutions in danger of financial penalties,
loss of media rights, and public embarrassment due to alleged
rules violations are not being afforded adequate due process;
(6) the NCAA, member institutions of the NCAA, and college
presidents have not adequately addressed these issues; and
(7) reform is so complex and important to higher education
that a blue ribbon commission of sport experts and members of
Congress should be convened to objectively study these issues
and propose solutions.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Presidential
Commission on Intercollegiate Athletics.
SEC. 3. DUTIES.
(a) Review.--The Commission shall review and analyze the following
issues related to intercollegiate athletics:
(1) The interaction of athletics and academics, including--
(A) the extent to which existing athletic practices
allow student athletes to succeed as both students and
athletes;
(B) how athletics affect the academic mission,
academic integrity, and credit worthiness of
institutions of higher education;
(C) graduation rates of student athletes; and
(D) standards of academic eligibility for
participation in and terms of scholarships for student
athletes.
(2) The financing of intercollegiate athletics, including--
(A) sources of revenue, including student fees,
media contracts, and licensing agreements;
(B) expenditures of revenue, including compliance
with title IX of the Education Amendments of 1972,
coaching salaries, and facilities development;
(C) the ability of institutions of higher education
to finance intercollegiate athletics;
(D) the financial transparency of intercollegiate
athletics;
(E) the criteria for receipt of financial
disbursements or rewards from athletic membership
associations;
(F) rules related to earnings and benefits by
student athletes, including the possibility of
commercial compensation for the use of the names,
images, and likenesses of student athletes and whether
a student athlete may retain a personal representative
to negotiate on behalf of the student athlete;
(G) tax regulations related to revenue from
intercollegiate athletics; and
(H) Federal judicial decisions that affect
compensation for student athletes or the right of
student athletes to organize as a collective bargaining
unit.
(3) Recruitment and retention of student athletes,
including rules related to--
(A) professional sports participation;
(B) transfer of student athletes to other
institutions; and
(C) recruitment and representations made to
potential student athletes.
(4) Oversight and governance practices.
(5) Health and safety protections for student athletes.
(6) Due process and other protections related to the
enforcement of rules and regulations related to student
athletes.
(7) Any other issues the Commission considers relevant to
understanding the state of intercollegiate athletics.
(b) Recommendations.--The Commission shall develop recommendations
regarding the issues identified in subsection (a) based on the review
and analysis of the issues under such subsection.
SEC. 4. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 17 members
appointed as follows:
(1) Five members appointed by the President, in
consultation with the Secretary of Education and the Attorney
General.
(2) Three members appointed by the Speaker of the House of
Representatives, including--
(A) one Member of the House of Representatives; and
(B) two individuals who are not Members of
Congress.
(3) Three members appointed by the minority leader of the
House of Representatives, including--
(A) one Member of the House of Representatives; and
(B) two individuals who are not Members of
Congress.
(4) Three members appointed by the majority leader of the
Senate, including--
(A) one Member of the Senate; and
(B) two individuals who are not Members of
Congress.
(5) Three members appointed by the minority leader of the
Senate, including--
(A) one Member of the Senate; and
(B) two individuals who are not Members of
Congress.
(b) Qualifications.--Appointments shall be made from individuals
who are specially qualified to serve on the Commission by virtue of
their education, training, or experience.
(c) Vacancy.--Any vacancy on the Commission shall not affect the
powers of the Commission, but shall be filled in the manner in which
the original appointment was made.
(d) Chair.--The Chair of the Commission shall be elected by the
members.
(e) Reimbursement; Service Without Pay.--Members of the Commission
shall serve without pay, except members of the Commission shall be
entitled to reimbursement for travel, subsistence, and other necessary
expenses incurred by them in carrying out the functions of the
Commission, in the same manner as persons employed intermittently by
the Federal Government are allowed expenses under section 5703 of title
5, United States Code.
SEC. 5. 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 functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, 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 5316 of title 5, United States Code.
SEC. 6. MEETINGS.
(a) In General.--The Commission shall meet at the call of the Chair
or of a majority of its members.
(b) First Meeting.--The first such meeting shall occur not later
than 90 days after the date of the enactment of this Act.
SEC. 7. POWERS.
(a) In General.--The Commission may, for the purpose of carrying
out this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Delegation.--Any member or agent of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take by this section.
(c) 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 Act. Upon request of the Commission, the
head of such department or agency shall furnish such information to the
Commission.
(d) 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 States.
(e) 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 Act.
SEC. 8. REPORT.
Not later than the date that is 1 year after the date of the first
meeting of the Commission, the Commission shall submit to the President
and the Congress a written report of its findings and recommendations
based on the review and analysis required by section 3.
SEC. 9. TERMINATION.
The Commission shall terminate on the date that is 30 days after
the date on which the Commission submits the report required by section
8.
SEC. 10. DEFINITIONS.
(a) Commission.--In this Act, the term ``Commission'' means the
Presidential Commission on Intercollegiate Athletics established by
section 2.
(b) Institution of Higher Education.--In this Act, the term
``institution of higher education'' means any institution that--
(1) meets the definition in section 102(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a)(1)); and
(2) has student athletes who are eligible for Federal
student loans.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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