NCAA GOVERNMENT RELATIONS REPORT

 

Executive Summary of Legislative Issues

[See Attachment for detail of each item.]

 

 

1.                  The 108th Congress.  The 108th Congress has conducted business during the first session amidst several challenges at home and abroad.  The war with Iraq, challenges in the rebuilding process in post-war Iraq and the ramifications of these events at home have all impacted the work and priorities of Congress. During the remainder of the first session, Congress will likely focus much of its attention to appropriations, Medicare, defense authorization and energy legislation. 

 

The Republicans are currently in control of both the Senate and the House of Representatives with Senator Bill Frist (R-TN) serving as the majority leader and Representative Dennis Hastert (R-IL) as the Speaker of the House. The race for the Democratic nomination for President has begun in earnest with ten nominees in the field, including four current Senators and two current Representatives. 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:  To date, twenty-seven jurisdictions have passed the UAAA, and several additional states have considered UAAA legislation.  During 2003, the UAAA has been passed in Maryland, Texas, North Carolina, Rhode Island, Kansas, North Dakota, Montana, Kentucky, Georgia and Oklahoma.  The UAAA has also passed out of both chambers in New York and has been sent to the Governor to be signed into law.  NCAA staff will continue to work with the National Conference of Commissioners on Uniform State Laws (NCCUSL) to pass the UAAA in additional states.

 

b.      Federal Efforts: The Sports Agent Responsibility and Trust Act (SPARTA) was passed by the House of Representatives on June 4, 2003.  Sponsored by Representative Bart Gordon (D-TN), the legislation provides a “federal backstop” in those states that have not yet passed the state model law.  Additionally, it includes a “Sense of Congress” section that directly supports passage of the important registration requirements in the UAAA and does not preempt or conflict with the state model law.  Senator Ron Wyden (D-OR) introduced a companion bill in the Senate on June 3, 2003. 

 

 

3.      Internet Gambling. Representative Spencer Bachus (R-AL) introduced the Unlawful Internet Gambling Funding Prohibition Act on May 19, 2003.  The bill was passed by the U.S. House of Representatives on June 10, 2003. Senator Jon Kyl (R-AZ) introduced similar legislation in the Senate, which was passed by the Committee on Banking, Housing and Urban Affairs on July 31, 2003.  The bill has yet to be considered by the full Senate.  The NCAA will push for the strongest possible bill to curb the damaging effects of Internet gambling on collegiate sports.

 

 

4.      Controlled Substances. Representatives Sweeney (R-NY) and Osborne (R-NE) reintroduced the Anabolic Steroid Precursor Control and Health Education Act early in the 2003 legislative session.  The bill is currently under consideration in three separate committees, including the Committees on Energy and Commerce, Judiciary and Education and the Workforce.

 

Representative Sweeney (R-NY) has also introduced the Ephedra Public Protection Act in March 2003.  The legislation would amend the Federal Food, Drug, and Cosmetic Act to reclassify dietary supplements as unsafe until they receive pre-market approval by the Secretary of Health and Human Services.  The bill is currently under consideration in the House Committee on Energy and Commerce.

 

On July 24, 2003, Matt Mitten, Chair of the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports, testified at a joint subcommittee hearing of the House Energy and Commerce Committee on the dangers of ephedrine.  Mr. Mitten provided the subcommittees with an overview of the NCAA’s drug testing, education and prevention programs and pledged its support for any national effort that will enhance the health and safety of student-athletes.

 

 

5.      Bowl Championship Series.  On September 4, 2003, The House Judiciary Committee held a hearing on competition in college athletic conferences and antitrust aspects of the Bowl Championship Series (BCS).  NCAA President, Myles Brand and representatives from BCS and non-BCS schools participated in this informational hearing. 

 

 

6.      Other State Issues.

 

California.  Senator Kevin Murray (D-Los Angeles) introduced the Student-Athletes’ Bill of Rights, SB 193, which would bar in-state colleges and universities from abiding by the NCAA’s rules on scholarships, health insurance, agent relationships, and enforcement actions and would effectively pull all California universities and colleges out of the NCAA. The California Senate passed SB 193 on May 29, 2003.  The Assembly’s Higher Education Committee held a hearing on SB 193 on July 8, 2003 and committee members decided to hold the legislation in their committee and seek additional information.  The Committee will next consider the legislation during the 2004 session.  Several members of the


committee expressed strong concerns regarding various NCAA rules.  NCAA participated in the hearing and has worked actively in California to educate state legislators about the harmful consequences of the bill.  The legislation has attracted opposition from the California member institutions, the conferences with California members, and the state associations representing the California schools, among others. 

 

In an effort to address the concerns of the California legislature, representatives from California member institutions, NCAA President Myles Brand, Senator Kevin Murray and several California legislators and their staffs will meet on October 28th to further discuss SB 193.   The meeting, hosted by the PAC –10 Conference, will provide an opportunity for California institutions to evaluate different components of the legislation and determine if an agreement can be reached in support of various elements of the legislation.

 

NCAA staff will continue to work closely with its California member institutions and continue to provide information and resources to California legislators to defeat the bill.

 

 

7.      Higher Education Associations.  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) and other organizations representing the interests of higher education.  The NCAA staff will continue to share information and support on issues of common interest.  Both ACE and NASULGC continue to be helpful in supporting the NCAA’s legislative agenda.