NCAA GOVERNMENT RELATIONS REPORT

(June 2005)

 

 

1.         Congressional Overview.

 

The 109th Congress has spent a significant amount of time considering issues pertaining to amateur and professional athletics.  Congressional inquiry has been focused on the use of performance enhancing substances by professional athletes and the negative impact such use has on aspiring amateur athletes on the collegiate and high school levels. Several Congressional committees have held hearings to discuss possible solutions to this problem which prompted the introduction of relevant legislation and initiated a congressional study.  A detailed description of these activities is set out in this report.

 

Congress has conducted business this session during intense debate regarding budget and appropriations, ethical investigations and judicial nominees.  Amid this discord, Congress approved legislation that will restrict class action lawsuits and overhaul bankruptcy laws.  President Bush signed both measures into law.

 

As Congress moves toward the July 4th recess, it has continued its evaluation of the nation’s approach to homeland security.  In connection with this effort, Congress has initiated debate on the reauthorization of sunset provisions contained within the Patriot Act that are set to expire at the end of the year.  Also, discussion of President Bush’s proposals for Social Security reform continues to be a priority on Capitol Hill.

 

In addition to this legislative activity, there are several other issues that are on the horizon for the 109th Congress. These include health care reform, energy independence, financial data security, tax relief and job and economic development.

 

 

2.         Federal Issues.

 

a.         Steroid Use in Sports.

 

(1)        House Energy and Commerce Subcommittee on Commerce Trade and Consumer Protection.

 

On March 10, 2005, the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection and Subcommittee on Health, held a joint subcommittee hearing titled “Steroids in Sports: Cheating the System and Gambling Your Health.”  The Subcommittee members probed into the drug testing and penalty policies for the major amateur and professional sports organizations.  With growing concern regarding the use of steroids by amateur and professional athletes, the members of the subcommittee examined solutions for this increasing problem including


education outreach efforts to youth and the general public.  Other options including uniform drug testing programs and stronger penalties were discussed.  Mary Wilfert, assistant director of education outreach, testified on behalf of the NCAA.

 

On April 26, 2005, Rep. Cliff Stearns (R-FL), chairman of the Subcommittee on Commerce, Trade and Consumer Protection introduced H.R. 1862, the Drug Free Sports Act.  This bipartisan effort, which aims to combat performance enhancing drug use among professional athletes, directs the Secretary of Commerce to issue rules requiring professional sports to adopt and enforce uniform performance enhancing drug-testing policies, procedures and penalties.  The Drug Free Sports Act would require that professional players be subject to at least two random tests per year, tests be conducted by an independent party, the list of banned substances be the same as those banned by the World Anti-Doping Agency and players testing positive for a banned substance be subject to a two year suspension for a first offense and a lifetime ban for a second offense. Under the introduced legislation, the NCAA would not be subject to these regulations. However, a study would be conducted to examine whether such policies and procedures should be applied to amateur athletic organizations.

 

H.R. 1862 was approved by the Subcommittee on Commerce, Trade and Consumer Protection and has moved to the full committee for consideration.  The legislation has also been referred to the House Education and the Workforce Subcommittees on Education Reform, 21st Century Competitiveness and Workforce Protections.

 

On May 18-19, 2005, the subcommittee held additional hearings to examine the need for the Drug Free Sports Act.  Witnesses included Frank Shorter, Former Chairman, United States Anti-Doping Agency and the commissioners and directors of the players associations for Major League Baseball, Major League Soccer, the National Football League, the National Basketball Association and the National Hockey League.   In analyzing the various components of H.R. 1862, the Drug Free Sports Act, subcommittee members expressed the need for a uniform steroid policy with strong penalties that could be applied to all professional sports leagues.  While the various sports organizations supported the principle of ridding professional sports of performance enhancing substances, they presented varying perspectives on the proper way to achieve that goal. 


 

On May 19, 2005, Rep. John Sweeney (R-NY) introduced the Professional Sports Integrity Act of 2005.  This legislation would establish minimum testing standards and procedures for the NFL, NBA, MLB and NHL.  While similar to H.R. 1862, the specific standards vary.  The legislation has been referred to the House Energy and Commerce Subcommittee on Commerce Trade and Consumer Protection.  It is expected that H.R. 1862, rather than this bill, will receive most of the committee’s attention.

 

(2)        House Government Reform Committee.

 

Chairman of the House Government Reform Committee, Rep. Tom Davis (R-VA) and ranking member Rep. Henry Waxman (D-CA) have also worked extensively on steroid use in athletics.  The committee conducted the first of what was promised to be a series of hearings on March 17, 2005.  This initial hearing focused entirely on Major League Baseball (MLB), the prevalence of steroid use in the MLB and its new drug testing policies and penalties.  Witnesses included Bud Selig, commissioner, Major League Baseball, Don Fehr, executive director, Major League Baseball Players Association and several current and former Major League Players.

 

As a next step in their efforts to address this issue, the Government Reform Committee sent letters to the National Football League, National Basketball Association, National Hockey League, Major League Soccer, U.S. Soccer Federation, Association of Tennis Professionals, USA Track & Field, and USA Cycling, seeking further information regarding their respective steroid-testing policies.

 

With the use of the responses from these inquiries, the committee held a second hearing on April 27, 2005, to probe into the drug testing policies and penalties of the NFL.  Paul Tagliabue, commissioner, National Football League, and Gene Upshaw, executive director, National Football League Players Association, were among the witnesses that testified before the committee.

 

On May 19, 2005, the House Government Reform Committee held a third hearing to examine the use of steroids in the National Basketball Association.  David Stern, commissioner, National Basketball Association and Billy Hunter, executive director, National Basketball Players Association were among the witnesses providing information on the NBA drug testing program. 


 

The committee held an additional hearing on June 15, 2005, titled “Eradicating Steroid Use, Part IV: Examining the Use of Steroids by Young Women to Enhance Athletic Performance and Body Image.”

 

H.R. 2565, the Clean Sports Act of 2005, was introduced by Rep. Tom Davis (R-VA) on May 24, 2005.  The Clean Sports Act would establish strict, uniform standards for the prohibition of performance-enhancing drugs by following a model similar to that used by the Olympics.  Under the Act, the NFL, the NBA, MLB and the NHL would be required to test its players randomly five times each year, impose tough penalties including a two-year suspension for a first offense and a lifetime ban for a second offense.  The Act would also give the Office of National Drug Control Policy (ONDCP) Director the authority to extend the bill to other professional leagues and NCAA Division I and Division II sports.  Additionally, a commission on high school and collegiate athletics would be created to examine steroid use by amateur athletes and recommend tactics to reduce their use.  A Government Accountability Office study would also be conducted to examine the problem of steroid use among college athletes and the effectiveness of the NCAA drug testing policies and procedures.  H.R. 2565 was approved by the House Government Reform Committee on May 26, 2005.  A companion bill was introduced by Senator John McCain (R-AZ) on May 24, 2005.

 

On June 16, 2005, the Government Reform Committee incorporated H.R. 2565 into another bill, H.R. 2829, that would reauthorize the Office of National Drug Control Policy Act.  This amended measure was approved by the Committee and has been referred to the Judiciary Committee, the Energy and Commerce Committee and the House Intelligence Committee.  

 

There are several more steps in the legislative process before the bill is moved to the House floor for consideration.  The NCAA government relations staff is working closely with the committee to educate them on the NCAA’s comprehensive drug testing program and provide recommendations on how to improve the legislation as it moves through the legislative process.

 

In addition to the hearings called by the Government Reform Committee, an advisory committee was created with the purpose of ending the use of performance enhancing drugs in sports.  The committee titled “Zero Tolerance” exists as an advisory committee to the House Committee on Government Reform.  The committee is comprised of professional athletes, government representatives, medical experts, anti-drug advocacy


oorganizations and youth-civic leaders.  Zero Tolerance, which is co-chaired by Curt Schilling, Boston Red Sox and Frank Thomas, Chicago White Sox, held its first conference call on May 23, 2005.  The committee is charged with gathering information, fostering discussion and providing recommendations to Congress on how to effectively address concerns with steroid abuse by amateur and professional athletes.  The first in-person meeting will be held July 7, 2005, in Washington DC. Mary Wilfert, assistant director of education outreach, participates on behalf of the NCAA. 

 

(3)        House Judiciary Committee.

 

The House Judiciary Committee in conjunction with the Congressional Research Service (CRS) will gather information for a CRS analysis of the drug testing policies and procedures of major amateur and professional sports organizations.  The NCAA received a letter requesting specific information about the organizations drug education and testing efforts and has drafted a comprehensive response to those inquiries.  The NCAA government relations staff will continue to communicate with Judiciary Committee staff about the NCAA’s continual efforts to protect the health of student-athletes. 

 

b.                  Title IX.  

 

On June 6, 2005, the Supreme Court rejected an appeal from the National Wrestling Coaches Association to reinstate a lawsuit that charges federal officials of discriminating against male athletes in enforcing opportunities for women.  The original suit brought against the Department of Education alleged that the departments interpretation of Title IX directly caused a reduction in men’s athletic teams.

 

On June 22, 2005, House Democratic Leader Nancy Pelosi (D-CA), with several Members of Congress in attendance, hosted a press conference in celebration of the 33rd anniversary of Title IX.  In that press conference, the various speakers focused on the need for the Department of Education to rescind their recent clarification of prong three.  The NCAA submitted a press release that honored the Title IX anniversary and highlighted the NCAA’s Executive Committee resolution to the Department of Education, expressing the need for federal lawmakers to rescind the clarification. 


 

c.                   Terrorism Insurance. 

 

On February 18, 2005, Senator Robert Bennett (R-UT) and Senator Christopher Dodd (D-CT) introduced legislation extending the Terrorism Risk Insurance Act (TRIA) for two years beyond December 31, 2005, when it is set to expire.  TRIA was enacted in 2002 to offer support to insurance companies in the event of a terrorist attack.  Under the existing act, the government will pay 90 percent of the catastrophic losses that exceed a specified amount. 

 

The Senate Banking, Housing and Urban Affairs Committee held an oversight hearing on the Terrorism Risk Insurance Program on April 14, 2005. In addition, a study conducted by the Treasury Department to further examine the effectiveness of TRIA will likely be completed this summer.   Additional action by Congress is expected following release of the study.

 

The NCAA has joined with a wide range of businesses and organizations throughout the transportation, real estate, manufacturing, construction, entertainment, sports and retail sectors to participate in the Coalition to Insure Against Terrorism (CIAT).  CIAT was initiated to formulate a collective voice of entities seeking passage of a terrorism insurance plan on Capitol Hill.  Following passage of TRIA in 2002, CIAT has continued to monitor implementation of the act and is working to extend it through 2005.

 

 

3.         State Issues.

 

a.                  Uniform Athlete Agent Act. 

 

The NCAA Office of Government Relations continues its efforts to seek passage of the Uniform Athlete Agent Act (UAAA) throughout the United States.  The UAAA is a state model act which establishes uniform athlete agent registration procedures and imposes criminal and/or administrative penalties against unscrupulous agents. 

 

The UAAA provides numerous benefits for student-athletes and institutions.  Through the registration process, athlete agents are required to disclose professional and criminal information which can prove beneficial to student athletes, their families and university personnel as a student-athlete selects a representative.  Additionally, the UAAA provides a safeguard for institutions by requiring that written notice be given to an institution when a student-athlete enters into an agency agreement before his/her eligibility has expired.

 

To date, the UAAA has been passed in 32 states, Washington D.C., and the U.S. Virgin Islands.  With many state legislatures adjourning for the year in the near future, the NCAA government relations staff will be working along with the National Conference of Commissioners on Uniform State Laws on a strategic plan to seek passage of the UAAA in remaining states during upcoming legislative sessions.

 

b.                  Sports Wagering

 

In recent years, a few states have examined proposals which would introduce sports wagering in their respective states to remedy budget concerns.  Most recently, Delaware Senator George Bunting (D-Bethany Beach) introduced legislation that would allow the Director of the State Lottery Office to issue a license to an entity to conduct a sports wagering enterprise.   Delaware is one of four states that is permitted to conduct some form of sports wagering under the Professional and Amateur Sports Protection Act (PASPA).

 

Despite being granted an exemption under PASPA which prohibits any government entity from engaging in wagering schemes on amateur or professional athletic events, legislation in Delaware will likely face public and political opposition.  Delaware


 Governor Ruth Ann Minner has previously opposed similar measures.  In addition, it is unlikely that significant consideration will be given to the bill this legislative session as the Delaware legislature is scheduled to adjourn on June 30, 2005.

 

The Oregon State House of Representatives recently passed a measure that repeals authority to establish a lottery based on the outcome of a sporting event.  Oregon currently runs a lottery game based on sports betting referred to as the Sports Action lottery.  Oregon is allowed to conduct sports betting because the state is also exempted under PASPA.  The bill will next be considered by the Oregon State Senate.

 

 

4.         Higher Education Associations.

 

The NCAA government relations staff will continue to work closely with the American Council on Education (ACE), the National Association of State Universities and Land Grant Colleges (NASULGC), the Association of American Universities (AAU) and other organizations representing the interests of higher education.  The NCAA staff will continue to share information and support on issues of common interest.  Various higher education associations continue to be helpful in supporting the NCAA’s legislative agenda.