NCAA Government Relations Report

[Detailed Report]

1. Agenda for the 108^th Congress.

When the 108^th Congress convened in early 2003, it faced a change in majority party control, popular concerns regarding an escalating conflict with Iraq and a softening economy. These concerns have had an impact on legislative priorities during the 2003 legislative session thus far. As a result of a historic midterm shift in control, Republicans are now in control of Congress. There are currently 51 Republicans, 48 Democrats and 1 Independent, who caucuses with the Democrats in the Senate. There are 229 Republicans, 205 Democrats and 1 Independent in the House of Representatives. Senator Bill Frist (R-TN) serves as the Majority Leader, while Representative Dennis Hastert (R-IL) serves as Speaker of the House.

President George Bush discussed several domestic issues during his State of the Union address on January 28, 2003, and gave a glimpse into the political priorities of the 108^th Congress. Such priorities include an economic stimulus package, healthcare reform, and the promotion of energy independence through alternative fuel sources. Additionally, a looming war with Iraq and constant threats of terrorism have made the federal budget and homeland security very important issues this year.

In the early stages of this session, some Members of Congress have focused their attention on other issues including affirmative action and Title IX. During the coming months, the NCAA government relations staff will continue to educate Members of Congress regarding the issues set out in this report that have an important impact on student-athletes.

2. State and Federal Regulation of Athlete Agents.

a. State efforts: During the 2003 legislative sessions we have continued to advocate passage of the Uniform Athlete Agent Act (UAAA) in state legislative chambers. The UAAA provides for criminal, civil and/or administrative penalties to be imposed against unscrupulous agents. As of the beginning of March, seventeen jurisdictions had passed the model act, and fifteen additional states legislatures are currently considering active UAAA legislation. It is anticipated that several more states will introduce legislation in the coming weeks.

The NCAA staff has been working closely with state legislators, representatives of the National Conference of Commissioners of Uniform State Laws (NCCUSL) and our NCAA membership to answer questions pertaining to the UAAA, preparing updated packets of information on the model act and participating in preparation for various legislative hearings and committee meetings. Additionally, the ?Agents? section of the NCAA Web site has been updated to reflect current nationwide status of the agent law. This page includes links to the current state agent laws, as well as the chief contacts for the law in each state. There is also a link to the legislation currently being discussed in each state. The NCAA staff will continue to work closely with NCCUSL to seek adoption of the Act in all fifty states.

b. Federal efforts: Representative Bart Gordon (D-TN) reintroduced the Sports Agent Responsibility and Trust Act (SPARTA) on January 27, 2003. This legislation, H.R. 361, initially introduced in the 107^th Congress, provides for civil penalties against unscrupulous agents and acts as a ?federal backstop? in those states that have not yet passed the state model law. The bill does not preempt or conflict with our state model law; rather it includes a ?Sense of Congress? section that directly supports passage of the important registration requirements in the UAAA.

On January 29, 2003, the bill passed out of the House Committee on Energy and Commerce by voice vote and currently has 73 cosponsors. The NCAA Government Relations staff anticipate reintroduction in the Senate in the coming weeks and is optimistic that SPARTA will receive further attention in both chambers.

Next Steps: The NCAA staff will continue to educate and lobby state and federal legislators on the importance of passage of athlete agent legislation.

3. Internet Gambling.

During the 2003 legislative session, NCAA has continued to advocate passage of legislation that would address the growing problem of Internet gambling on amateur sports. On January 7, 2003, Representative Leach (R-IA) reintroduced the Unlawful Internet Gambling Funding Prohibition Act. During the 107^th Congress, the bill passed the full House of Representatives by voice vote. The purpose of the bill is to prevent the use of certain bank instruments for unlawful Internet gambling. Currently, the bill, H.R. 21, has 24 cosponsors. The bill is scheduled for a committee markup in the House Financial Services Committee on March 12, 2003. The bill has also been referred to the House Judiciary Committee.

NCAA staff will continue to work closely with the staff of the Financial Services Committee and the large coalition of professional sports leagues, family values associations, law enforcement, the financial services industry and others to pursue the strongest bill possible to prohibit Internet gambling.

Next Steps: The NCAA staff will continue to work closely with the Congressional staffs and the coalition of supporting organizations to achieve passage of legislation combating the problem of Internet gambling.

4. Title IX.

Commission on Opportunity in Athletics: On February 26, 2003, after six months of work, four town hall meetings and two meetings focused on the development of the report, the Department of Education?s Commission on Opportunity in Athletics presented its report on suggested reforms to Title IX. Committee Co-Chairs Ted Leland, Stanford University athletic director, and Cynthia Cooper, former WNBA star, believe that the Commission?s recommendations reflect a compromise between varying ideas represented by the fifteen person commission. However, the Commission?s recommendations were not accepted by two of its members. Julie Foudy, President of the Women?s Sports Foundation and Donna de Varona, Olympic swimming gold medalist, submitted a minority report to Secretary Paige asserting the Commission?s proposals failed to sufficiently address the current lack of institutional compliance to Title IX?s regulations, and that the Commission failed to sufficiently acknowledge the history and presence of gender discrimination in intercollegiate athletics.

The Commission?s proposed recommendations are not binding, and Secretary Paige has the authority to determine which, if any, proposals to consider. Secretary Paige noted that he would only consider those proposals that had unanimous support from the fifteen member Commission. We will continue to monitor any affirmative steps by the Bush Administration to alter the compliance requirements of Title IX and any Congressional reaction.

Title IX Lawsuit: Judge Sullivan of the U.S. District Court for the District of Columbia has not yet issued an opinion on the Department of Education?s motion to dismiss the lawsuit brought by the National Wrestling Coaches Association against the Department of Education over the current Title IX compliance requirements.

Next Steps: The NCAA staff will continue to act as an information resource for the Department of Education and Congressional offices concerning Title IX in addition to continuing to monitor the progress of the pending lawsuit.

5. Controlled Substances.

During the 2003 legislative session, Representatives John Sweeney (R-NY) and Representative Tom Osborne (R-NE) reintroduced legislation to amend the Controlled Substances Act with respect to placing certain steroid precursors on the schedule of controlled substances. The bill, H.R. 207, the Anabolic Steroid Precursor Control and Health Education Act has been referred to three committees for consideration, the Committees on Energy and Commerce, Judiciary and Education and the Workforce.

NCAA staff is working closely with members of the Competitive Safeguards and Medical Aspects of Sports Committee as the staff work within a larger coalition in Washington to advocate for the legislation. NCAA staff has joined the United States Anti-Doping Agency (USADA) led Coalition for Anabolic Steroid Precursor Regulation (CASPR). We look forward to working with this broad group, including many medical experts, to protect our student-athletes and the public at large from these dangerous substances. It is expected that the legislation will receive attention early in the 108^th Congress.

Next Steps: The NCAA staff will continue to work closely with and provide background information to Members of Congress and their staffs regarding the NCAA?s current testing programs and other information on the impact of steroid precursors. The staff anticipates participating in a number of future events to advocate the NCAA?s position with the CASPR members.

6. Stadium Flyovers.

Representative Harold Rogers (R-KY), chair of the Appropriations subcommittee on Homeland Security, drafted a provision to the fiscal 2003 omnibus appropriations bill, H.J. Res. 2, which bars the Federal Aviation Administration from allowing small planes to tow banners over stadiums for one year, unless the venue owner approves. The University of Michigan took the lead on advocating for this provision and was supported by the Professional Sports Leagues. The NCAA staff will continue to work within the sports coalition and monitor the activity on the flyover issue.

7. Other State Issues.

a. Nebraska: State Senator Ernie Chambers (I) introduced a bill in the unicameral Nebraska legislature to allow the University of Nebraska, Lincoln, to provide stipends to its football players. The bill would only take effect if three other states with schools in the Big 12 Conference passed the law. To date, a bill has recently been introduced in Texas. The Nebraska bill received a hearing on January 30 and passed out of the Business and Labor Committee on February 18 with unanimous approval. Governor Mike Johanns (R-NE) indicated that he would sign the bill into law if it passed the legislature.

The NCAA staff worked closely with several of our member institutions to get out information on our concerns with the legislation. We also worked closely with Representative Tom Osborne?s (R-NE) staff to provide information on the student-

athlete welfare issues. Representative Osborne publicly opposed this legislation. It is expected that the bill will be considered by the full legislature in early March.

b. California: State Senator Kevin Murray (D) is planning to hold a committee hearing on April 9 in Sacramento on a variety of student-athlete welfare issues. Specifically, the Senator?s staff has asked about: full grant-in-aid v. cost of attendance, voluntary workouts and related insurance coverage, the eligibility impact on student-athletes who enter a professional draft and athlete agent rules. Senator Murray is Chairman of the Select Committee on Entertainment in the California Senate and represents south central Los Angeles.

c. Delaware: During the 2003 legislative sessions, the staff has continued to track the progress of H.R. 55. This bill, which was introduced by Rep. William Oberle (R) requested that a study be performed by the Secretary of the Department of Finance and the Director of the Lottery Office to determine the feasibility of legalizing sports wagering in Delaware. The study, which was originally due in mid-January, is not expected to be released until April. While no legislation has been introduced yet, the delay in completing the report does not impede on the legislatures? ability to introduce legislation on the issue.

8. Higher Education Associations.

NCAA government relations staff will continue to work closely with the American Council on Education, the National Association of State Universities and Land Grant Colleges and other organizations representing the interests of higher education. The staff will continue to share information and support on issues of common interest.