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Code · BILL · 119th Congress · H.R. 6350 (Introduced in House) — To protect the name, image, and likeness rights of college athletes. · Sec. 5

Sec. 5. Establishment of Commission

1,331 words·~6 min read·/bill/119/hr/6350/ih/section-5

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There is established in the legislative branch the Commission to Stabilize College Sports (in this section referred to as the Commission ). The Commission shall be composed of 16 members, of whom— 4 shall be appointed by the Chair of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chair of the Committee on Education and Workforce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics; 4 shall be appointed by the ranking minority member of the Committee on Health, Education, Labor, and Pensions of the Senate and the ranking minority member of the Committee on Education and Workforce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics; 4 shall be appointed by the Chair of the Committee on Commerce, Science, and Transportation of the Senate and the Chair of the Committee on Energy and Commerce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics; and 4 shall be appointed by the ranking minority member of the Committee on Commerce, Science, and Transportation of the Senate and the ranking minority member of the Committee on Energy and Commerce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics.
Each member appointed under subparagraph
(A)shall have experience in one or more of the following areas: Professional or college athletics, including participation, administration, governance, and media. Enforcement of Federal statutes covering college athletics, including title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). Employment and labor issues, especially collective bargaining. Civil rights issues, including fairness and advocacy. Leadership experience at a non-Power Four institution, especially a historically Black college or university. In making appointments to the Commission under subparagraph (A), the congressional leaders shall not appoint more than 8 members affiliated with the Power Four, including institutions who are members of the Power Four. The Commission shall have two co-Chairs, selected from among the members of the Commission and jointly agreed upon by the Chairs and ranking minority members of the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Workforce of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives. The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. Members shall be appointed for the life of the Commission. The Commission shall meet and begin the operations of the Commission as soon as practicable. After the initial meeting, the Commission shall meet upon the call of the co-Chairs or a majority of its members. Ten members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. The Commission shall conduct a study on matters related to the governance of college athletics in the United States. The matters studied by the Commission shall include— proper roles of intercollegiate athletic associations, conferences, institutions, and governmental entities in the governance of college athletics; with respect to collective bargaining between college athletes and intercollegiate athletic associations, conferences, or institutions on bargaining subjects such as compensation (including equitable revenue sharing), the transfer portal, athlete health and safety (including independent medical care), eligibility, academic standards, and time and travel requirements— methods and effects of Congress enabling collective bargaining without classifying college athletes as employees; and barriers and solutions to collective bargaining without congressional intervention; methods and effects of Congress chartering a new organization, similar to the United States Olympic & Paralympic Committee, to negotiate college sports’ media rights and govern college athletics, and providing athletes adequate representation and voting power within such an organization; the state of title IX, especially enforcement by the Department of Education and the statute’s impact on direct compensation and opportunities related to NIL; and how additional revenue generated by the pooling and selling of institutions' television rights, in accordance with section 6, can be deployed to protect and expand opportunities in women’s and nonrevenue sports and support athletic programs at non-Power Four schools, especially historically Black colleges and universities, including by revenue sharing directly with athletes. Not later than 2 years after the date on which a majority of the members of the Commission have been appointed, the Commission shall submit a report to the majority and minority leaders of the Senate, the Speaker of the House, the minority leader of the House, and the Chairs and ranking minority members of the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Workforce of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as it considers appropriate. The Commission shall make the report publicly available on a website owned and operated by Congress. The Commission may— hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act; and subpoena an intercollegiate athletic association, conference, institution, or individual the testimony of whom may be relevant to the purpose of the Commission. On request by the executive director of the Commission, the head of a Federal agency shall furnish information to the Commission. The Commission may use the United States mail in the same manner and under the same conditions as other departments and agencies of the Federal Government. The Commission may accept, use, and dispose of gifts or donations of services or property. The co-Chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Commission to carry out its duties, 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 subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f)(2). The Commission may use the 90-day period for the purposes of concluding its activities. There is authorized to be appropriated such sums as may be necessary to carry out this section, of which— 50 percent shall be derived from the applicable accounts of the House of Representatives; and 50 percent shall be derived from the contingent fund of the Senate.
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Sec. 5
Establishment of Commission
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