summaryFollowing is a summary of legislative highlights from the 106th Congress from January 1999 through December 1999, prepared by the NCAA federal relations office. Copies of all documents, bills and correspondence in this report are available from the federal relations office, One Dupont Circle, N.W., Suite 310, Washington, D.C. 20036; telephone 202/293-3050.

Gender-equity issues

Equity in Athletics Disclosure Act (EADA).

Final regulations, incorporating many NCAA recommendations, published.

U.S. Department of Education delays first submission of EADA forms by institutions until early 2000.

Chronicle of Higher Education asks all institutions for a copy of their EADA report no later than October 15.

NCAA Provides the General Accounting Office (GAO) with comments on two Title IX related studies.

The Hastert study (released in June) documents changes in athletics participation at institutions that were NCAA members in 1986.

The Mink study (released in December) examines the effects of Title IX on higher education, including athletics.

Lawsuits and federal actions.

January

Syracuse University prevails in appeal of Title IX lawsuit based on its history of expanding opportunities for women.

Complaint filed with U.S. Department of Education's Office for Civil Rights by National Organization of Women against St. Mary's College (California) regarding unsuccessful efforts of student-athletes to elevate women's club level team to varsity.

February

Smith v. NCAA -- Supreme Court rules that dues paid by member institutions to the NCAA does not constitute the receipt of federal funds, thus concluding Title IX does not apply to the NCAA. Court instructs lower court to examine other possible NCAA links to federal funds.

District court judge blocks California State University, Bakersfield, from discontinuing wrestling program ruling that the institution's decision was the result of "a quota based on gender in violation of Title IX."

April

Department of Health and Human Services Office for Civil Rights agrees to re-examine the relationship between the NCAA and Title IX.

May

U.S. Department of Justice announces review of NCAA member institutions' Equity in Athletics Disclosure Act forms to determine if coaches' salaries are in compliance with the Equal Pay Act.

July

Federal appeals court determines that ousted female football place kicker can sue Duke University for discrimination under Title IX.

Male coach of women's track and cross country teams sues Vanderbilt University for sex discrimination under Title IX, citing a disparity in the pay of coaches for men's and women's teams.

November

Miami University (Ohio) men's wrestling, soccer and tennis team members file lawsuit against the university for sex bias under Title IX after teams are discontinued.

Higher education issues

Final fiscal year 2000 funding bill (P.L.106-113) provides an increase in the Pell Grant maximum award to $3,300, effective in academic year 2000-01.

Student-run "anti-sweatshop" coalition continues to pressure colleges and universities to adopt more stringent codes of conduct regarding manufactured apparel bearing institutions' names and logos. NCAA asked to join university/manufacturer partnership.

Admissions and Testing Issues.

In March, a federal district court rules that the NCAA is a recipient of federal funding through the National Youth Sports Program, subjecting the Association to federal civil rights laws (Cureton v. NCAA). The court rules that the use of a cut-off score on a standardized test to determine athletics eligibility violates federal anti-discrimination laws and prohibits the NCAA from using it. The NCAA is granted a stay by the 3rd U.S. Circuit Court of Appeals to continue to employ the existing eligibility criteria, including a minimum test score, pending an appeal on the decision.

In November, Sen. Paul Wellstone, D-Minnesota, apprises the NCAA of his intentions to seek a General Accounting Office review of the NCAA's eligibility process as part of federal legislation currently before Congress.

In December, appeals court overturns Cureton ruling.

Student Right-to-Know Act.

In May, the U.S. Department of Education provides a waiver to the NCAA to allow the NCAA to continue to distribute its graduation-rates books to high schools and community colleges on behalf of the NCAA membership in order to satisfy the mandated reporting requirement.

In October, final regulations are published that address most of the NCAA's concerns and open the door for electronic transfer of the data to high schools and community colleges.

In December, the NCAA submits a waiver request to the U.S. Department of Education for the graduation-rates data that it will publish in July 2000. The NCAA seeks permission to provide the data to high schools and community colleges on compact disc.

Gambling issues

In June, the federally appointed National Gambling Impact Study Commission issues final report on the effects of gambling, including a recommendation for more federal research on youth gambling behavior; a call for the NCAA to devote more funding to educational programs related to gambling and increased support for public service announcements to educate the public on gambling issues; and a recommendation that a total ban on all legal gambling on collegiate and amateur sporting events be adopted.

In November, federal legislation to ban all legal gambling on amateur and college sports is considered by members of Congress. NCAA Executive Committee endorses the proposal and awaits decision on next steps.

Senate Appropriations Subcommittee, chaired by Sen. Arlen Specter, R-Pennsylvania, includes language in the committee's report (S. Rpt. 106-166) directing the U.S. Department of Education to conduct research on youth gambling behavior and to assess collegiate campus policies related to illegal gambling activities taking place among their students. The NCAA requests the inclusion of this directive.

Internet gambling.

In November, Internet gambling prohibition legislation unanimously adopted by U.S. Senate (S. 692).

In November, a U.S. House Judiciary Subcommittee approves similar Internet gambling legislation (H.R. 3125). Full committee vote expected sometime in early 2000.

National Youth Sports Program -- Fiscal Year 2000 Appropriations

Congress provides $15 million for the National Youth Sports Program in fiscal year 2000 funding as part of Omnibus Appropriations Bill of 1999 (P.L.106-113). Final conference agreement adopts a 0.38 percent "across the board cut" to be absorbed by each federal agency in the manner they deem appropriate, with the only caveat being that no program can be reduced more than 15 percent. The Department of Health and Human Services with jurisdiction over the NYSP has not announced how it will absorb the cut.

Lawsuits related to the NCAA as a contributor to the NYSP fund.

Three lawsuits are pending that argue certain federal laws apply to the NCAA because of the National Youth Sports Program's receipt of federal funds. The NCAA continues to defend its relationship, claiming that it is an indirect contributor to the NYSP Fund and is not a recipient of the funds through its relationship with the NYSP.

Four NYSP lawsuits involve injuries to participants, some of which name the NCAA as a party.

Copyright issues

Congress adopts trademark "cybersquatting" legislation (HR 3028), as part of an end-of-the-year omnibus legislation (P.L.106-113) that would make it a crime to acquire Internet addresses containing trademarked titles for the purpose of forcing trademark owners to pay exorbitant sums to claim their rightful domain. The NCAA has been subject to these practices as individuals have registered NCAA trademark names as Web site addresses.

Copyright legislation -- satellite royalty payments.

President signs into law legislation that will reduce payments made to copyright holders for the satellite retransmission of certain programming (P.L.106-113). After a temporary increase based on an arbitration panel's determination of fair market value (set at 27 cents per subscriber/per signal/per month), Congress bows to satellite carrier pressures and agrees to reduce the amount paid to 18.9 cents for superstation and 14.5 for network signals. However, NCAA member institutions qualifying for satellite royalty payments will receive a substantial increase in the 1998-99 satellite payments. Payments will increase in subsequent years.

The House and Senate eliminate a provision from the conference agreement on the Intellectual Property and Communications Omnibus Reform Act of 1999 (P.L.106-113) that would have clarified that Internet service providers were prohibited from obtaining a cable compulsory license similar to that provided television broadcasters. It is believed that Internet service providers are not currently entitled to a cable compulsory license for the retransmission of television broadcast programs over the Internet.

Athlete-agent issues

Federal legislation.

Rep. Bart Gordon, D-Tennessee, introduces legislation to establish a federal law prohibiting sports agents from influencing college athletes. No further action is expected.

State legislation.

Four states pass new athlete-agent legislation, while one state repeals its existing athlete-agent law.

Wisconsin state legislator is expected to introduce athlete-agent legislation in January 2000. This will be the first legislation based on the uniform state law model currently under development (see below).

Model athlete agent state legislation is in the final stages of the review process before being presented for final consideration by the National Conference of Commissioners of Uniform State Laws. The development of the uniform state law was partially funded by the NCAA and will be presented to state legislatures across the country in January 2001.

Tax-related issues -- skybox leases

In July, the Internal Revenue Service provides the NCAA with a full analysis of its decision to allow the R.L. French Company to take a tax deduction for the company's contribution to Iowa State University to help fund the construction of luxury skyboxes as part of renovations to the institution's football stadium. The IRS had denied the deduction in an earlier ruling because the donor received as a benefit the right to lease one of the skyboxes. The IRS ultimately concluded that a tax deduction of 80 percent of the amount contributed (minus the cost of the tickets and other amenities provided) could be claimed. The NCAA and the American Council on Education helped provide legal support in assisting the R.L. French Company to obtain this ruling.

Student privacy issues

Following a meeting in January, the NCAA follows the advice of the U. S. Department of Education, Office of Family Compliance Policy and develops new student release waivers. The waivers more accurately reflect the way student-athlete information is used by the NCAA and reported by the media. The three waivers are intended to ensure that student-athletes are fully aware of how information from their education records may be used by the NCAA. In addition, the waivers were designed to protect the NCAA if personally identifiable student information is released to the public that could be traced back to a particular student. Without a waiver, this could be a violation of the Family Education Rights Privacy Act (FERPA). In November, the three waivers were approved by all three NCAA divisions and will be part of the documents student-athletes sign in 2000.

In June, the NCAA provides comments on proposed rules to implement new provisions of the Family Educational Rights and Privacy Act (FERPA). The NCAA asks the U.S. Department of Education to confirm that third-party recipients of student information obtained from educational records, such as the NCAA, would be given the same protections to disclose this data in a courtroom as is provided postsecondary institutions.

Alcohol- and performance-enhancing drug-abuse issues

In October, the U.S. Senate Commerce Committee holds a hearing to examine the use of performance-enhancing drugs by athletes and to explore measures that could be pursued to address the problem. Legislation is expected to be introduced by the committee's chair, Sen. John McCain, R-Arizona, next year that will provide funding for drug-testing research and the development of education prevention programs for college students.