Women in NCAA Sports Act
This bill establishes a Commission on Men's and Women's Fairness in College Sports.
The commission must (1) compare how the National Collegiate Athletic Association (NCAA) operates men's and women's championship tournaments with respect to the treatment of the participating men's and women's college sports teams, and (2) prepare and submit to Congress a report on its findings with recommendations on how the NCAA can improve the fair treatment of participating men's and women's teams in such tournaments and student-athlete programs.
The commission may not review or make recommendations on the eligibility of any athlete to participate in men's or women's college sports teams or in NCAA programming.
In appointing a member of the commission, special consideration shall be given to former college athletes, coaches, or athletic administrators.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2532 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2532
To establish a Commission on Men's and Women's Fairness in College
Sports.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2023
Ms. Sherrill (for herself and Ms. Salazar) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To establish a Commission on Men's and Women's Fairness in College
Sports.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women in NCAA Sports Act''.
SEC. 2. ESTABLISHMENT.
There is established a ``Commission on Men's and Women's Fairness
in College Sports'' (in this Act referred to as the ``Commission'').
SEC. 3. DUTIES.
(a) In General.--The duties of the Commission shall be to--
(1) compare how the National Collegiate Athletic
Association (in this Act referred to as the ``NCAA'') operates
men's and women's championship tournaments across all sports
and other student-athlete programs with respect to the
treatment of the participating men's and women's college sports
teams; and
(2) prepare and submit to Congress a report on its findings
with recommendations on how the NCAA can improve the fair
treatment of participating men's and women's teams in such
championship tournaments and student-athlete programs.
(b) Content of Report.--On a date that is not later than 18 months,
and not earlier than 12 months, after the establishment of the
Commission, and that is not earlier than 6 months after the last day of
the Division I Men's and Women's Basketball Championships that take
place during the life of the Commission, the Commission shall prepare
and submit to Congress a report on--
(1) the findings identified after--
(A) studying and comparing the operations of the
NCAA with respect to treatment of the men's and women's
teams participating in the championship tournaments
across all sports and other student-athlete programs of
the NCAA (including venues and equipment provided for
games and practices, lodging and transportation, media
contracts, licensees, sponsors, and other fulfillment
partners who deliver essential elements of the
tournaments, and overall budgets); and
(B) studying the constitution of the NCAA, and
policies and practices of the NCAA that affect the fair
treatment of participating men's and women's college
sports teams, including--
(i) the promotion of objective and just
treatment, advancement, equal opportunity, and
access for women's teams;
(ii) the elimination of barriers that have
prevented full participation of women's teams;
and
(iii) the reduction of disparate outcomes
for women;
(2) recommendations, based on such findings, on policy
changes in the operations of the NCAA that could better promote
and advance the fair treatment described in paragraph (1)(B),
including clauses (i) through (iii) of such paragraph (1)(B);
(3) an assessment of whether the NCAA has acted on such
recommendations or made other policy changes in its operations
that affect such fair treatment; and
(4) an analysis of how the Federal Government supports the
operations of the NCAA, and recommendations for improved
Federal oversight of NCAA's promotion of such fair treatment in
its operations, championship tournaments, and student-athlete
programs.
(c) Prohibition.--The Commission may not review or make
recommendations on the eligibility of any athlete to participate in
men's or women's college sports teams or in NCAA programming.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 16
members, of which--
(1) 4 members will be appointed by the Speaker of the House
of Representatives, in consultation with the Chair of the
Committee on Education and the Workforce of the House of
Representatives;
(2) 4 members will be appointed by the minority leader of
the House of Representatives, in consultation with the ranking
minority member of the Committee on Education and the Workforce
of the House of Representatives;
(3) 4 members will be appointed by the majority leader of
the Senate, in consultation with the Chair of the Committee on
Commerce, Science, and Transportation of the Senate; and
(4) 4 members will be appointed by the minority leader of
the Senate, in consultation with the ranking minority member of
the Committee on Commerce, Science, and Transportation of the
Senate.
(b) Qualifications.--
(1) In general.--An individual appointed to serve as a
member of the Commission shall be an individual with experience
or professional expertise in college sports, fair treatment of
men's and women's college sports teams in NCAA operations,
championship tournaments, or student-athlete programs, or
compliance with title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.).
(2) Special consideration.--In appointing a member of the
Commission, special consideration shall be given to former
college athletes, coaches, or athletic administrators.
(c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(d) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(e) Quorum.--A simple majority of members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(f) Co-Chairs.--Two Commission Co-chairs shall be elected by the
members of the Commission.
(g) Vacancies.--A vacancy on the Commission shall not affect the
powers of the Commission, and such vacancy shall be filled in the same
manner in which the original appointment was made.
(h) Meetings.--The Commission shall have at least one public
meeting at the call of the majority of its members. Such meeting shall
take place not later than 30 days after all members of the Commission
are appointed under subsection (a).
SEC. 5. DIRECTOR; STAFF OF COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Co-chairs, with the approval of the Commission. To the
extent or in the amounts provided in advance in appropriation Acts the
Director shall be paid at the rate of basic pay for level IV of the
Executive Schedule.
(b) Staff.--Subject to rules agreed upon by the Commission, the
Director may appoint and fix the pay of additional personnel as the
Director considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the annual
rate of basic pay for level IV of the Executive Schedule.
(d) Personnel as Federal Employees.--
(1) In general.--The Director and any personnel of the
Commission who are employees shall be employees under section
2105 of title 5, United States Code.
(2) Members of commission.--Paragraph (1) shall not be
construed to apply to members of the Commission.
(e) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily rate paid to a person
occupying a position at level V of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold public hearings, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate. The Commission may administer oaths or
affirmations to witnesses appearing before it. A hearing or any portion
of it may be closed to the public by a majority vote of the Commission.
(b) Powers of Members and Agents.--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) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas, in a
case in which the majority of its members vote for the issuance
of such a subpoena, requiring the attendance and testimony of
witnesses and the production of any evidence relating to any
matter under investigation by the Commission. 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 States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) 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 courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(g) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons to enable the
Commission to discharge its duties under this Act and other services,
without regard to section 6101 of title 41, United States Code.
SEC. 7. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the report is
submitted under section 3(b).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its report and disseminating the
report.
SEC. 8. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated such sums as necessary to carry out this Act, of which--
(1) 50 percent shall be derived from the applicable
accounts of the House of Representatives; and
(2) 50 percent shall be derived from the contingent fund of
the Senate.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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