Following is a report of federal activities since July 1 affecting the NCAA membership. This report was 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).

On August 11, letters were sent to the CEOs of all colleges and universities announcing the collection of Equity in Athletics Disclosure Act data by the U.S. Department of Education for 2000. The 2000 data collection is the first time EADA information has been gathered by the federal government. Although Congress required that the data be collected last year, the department decided against collecting 1999 data because regulations implementing changes to the EADA were not finished in time and there were delays in getting the Web-based collection system completed.

The department plans to send a follow-up letter to institutions on August 21 to provide institutional representatives with the Internet URL site, user ID and password. The department's Web site for the 2000 collection will be open from September 5 until October 30. The department's Web site will provide a link to the NCAA's Web site where the NCAA's gender-equity reporting tables and worksheets will be found. As in the past, NCAA members will be able to use the NCAA worksheets to complete the data required by the federal government (Tables 1-10) as well as to complete the separate data collected by the NCAA (included on the worksheets). NCAA members will be asked to e-mail or mail a copy of all the data on the worksheets and tables to the NCAA. The NCAA's Web site also will include a link to the department so that NCAA member institutions can complete the federal online form using the data that has been entered in the NCAA Tables 1-10.

Beginning October 30, the department will post the EADA forms of all reporting institutions so that the public can review them. In addition, the department plans to complete a report on trends in athletics participation by December 15 for submission to Congress as required by the Higher Education Act Amendments of 1998.

U.S. Supreme Court declines review of Illinois State University case related to the dropping of men's teams to reach Title IX goals.

On June 29, the U.S. Supreme Court declined to review a case brought by former students at Illinois State University. The students had accused the university of violating their rights under Title IX by dropping the men's sports in which they competed. In 1995, the university decided to discontinue its men's soccer and wrestling teams in order to bring the number of male athletes in proportion with the number of male students, pursuant to Title IX guidelines. The athletes argued that their own rights under Title IX were violated because dropping a men's team was a form of reverse discrimination. Federal courts in Illinois, including the U.S. Court of Appeals for the Seventh Circuit last December, ruled that eliminating men's sports in order to comply with Title IX did not violate the plaintiffs' rights.

Representatives for the plaintiffs indicated in a Chronicle of Higher Education article that new legal tactics (for example, challenging the Department of Education's Title IX regulations under the Administrative Procedures Act or having the university sue the department, claiming the regulations were flawed) should be considered in cases where men's sports are eliminated.

Federal court rules that scheduling of women's high-school sports teams in nontraditional seasons is discriminatory.

On July 20, a federal jury ruled that the Virginia High School League (VHSL) discriminates against female athletes in its scheduling of sports seasons and awarded the 11 Suffolk County female plaintiffs a total of $187,000 in damages.

The decision overturned a VHSL policy in which some girls' sports were played at different times of the year in Virginia, depending on a school's enrollment. Some female student-athletes had to choose between sports when a school changed divisions because the sports in which they participated overlapped.

Virginia is the only state in the country that has different seasons for girls' sports between large and small schools. It is one of five states -- the others being Michigan, Montana, South Dakota and North Dakota -- that schedule certain girls' sports in nontraditional times of the year.

It is not yet clear whether the VHSL plans to appeal the decision or how it will change its system.

Higher education issues

In July, the Fair Labor Association (FLA) announced that it would begin monitoring factories in foreign countries where goods and apparel are manufactured for American markets. In addition, the FLA has hired a director of accreditation and released a guide for companies on monitoring compliance with humane working conditions in foreign countries. Student groups across the country have protested against their institutions' association with the FLA because they do not believe that the company-run organization would provide stringent enough monitoring of overseas facilities where abuses of child labor laws occur and wages below those required for reasonable standard of living are paid to workers. The FLA currently has more than 100 college and university members and seems to be moving to address the student concerns with the recent announcements.

In a related matter, the California Supreme Court will decide whether the state's sweeping fair labor practices law can be used to challenge an American company's labor practices abroad. According to the National Law Journal, "the court has agreed to hear a San Francisco man's claim that Nike Inc. violated the state's law when 'the sportswear maker allegedly made false statements in order to dupe customers into buying products manufactured by exploited Asian workers.'"

Graduation-rates data for students entering Divisions I, II and III institutions in 1993 will be made available to the public in late September. For the first time, the NCAA will provide the data in the form of a computer disk. The disks will be sent to the nation's high schools to satisfy a component of the federal law that requires all colleges and universities to provide prospective student-athletes, their parents, coaches and guidance counselors with a copy of an institution's graduation-rates report at the time the student receives an athletics scholarship offer from the school. The Department of Education gives the NCAA permission to provide the data on behalf of its member institutions in order to ease burden on the institutions and to provide more useful comparison data. Each institution's graduation-rates data page will be sent to the institution in late August.

On June 14, the House passed the fiscal-year 2001 Labor, Health and Human Services Appropriations bill, H.R. 4577. This legislation provides an increase in Pell Grants to $3,500 per student at the maximum level. This represents a $200 increase over fiscal-year 2000. The Senate version of the bill, S. 2553, was passed by the Senate on June 30 and provides an even greater increase in the Pell Grant maximum. The Senate bill brings the maximum Pell Grant per student to $3,650, an increase of $350. The Pell Grant increase will impact school year 2001-02. The House and Senate have been meeting to resolve the differences between the two bills but have run into roadblocks over other more controversial provisions of the legislation. The new fiscal year begins on October 1, 2000.

Office for Civil Rights nearing release of final testing guidelines.

On July 5, after substantial revision, the U.S. Department of Education's Office for Civil Rights released the third draft of its guide to educators and policymakers about the use of standardized tests in making high stakes education-related decisions such as promotion, graduation, college entrance or eligibility for scholarship awards. Comments from the education community were due August 5, and the Department expects that the final version of the document will be released in late August. The NCAA provided comments on the first draft of the document more than a year ago. Some of the NCAA recommendations were adopted in the subsequent rewrite of the guide.

Introduction of federal legislation recognizing the accomplishments of the 1951 University of San Francisco football team and acknowledging unfair treatment of the team based on racial prejudices.

On July 27, Sen. Barbara Boxer, D-California, introduced S. Res. 346, a measure acknowledging that the undefeated and untied 1951 University of San Francisco football team suffered a grave injustice by not being invited to any postseason bowl game due to racial prejudice that prevailed at the time. The resolution seeks appropriate recognition for the surviving members of the team.

According to media reports, Boxer became involved at the urging of Kristine Clark, the author of an upcoming book about the unsung team. After finishing the 1951 season undefeated, the San Francisco football team was not invited to a prestigious bowl game because it had two African-American players. The team was considered by one bowl game but was told that the invitation was contingent on leaving the two African-American players at home. The team declined the offer.

It is not known whether the resolution will receive consideration by the Senate before Congress adjourns in early October.

Gambling issues

Internet Gambling Prohibition Act -- HR 3125 -- another House vote sought in early September.

On July 17, the House voted 245-159 in support of H.R. 3125, the Internet Gambling Prohibition Act. Despite garnering the majority of votes (61 percent), the bill failed to obtain the two-thirds support required by a special process that would have expedited the legislation's passage.

The July 17 vote saw the bill strongly opposed by a number of special-interest groups, including the Internet gambling industry, libertarians and those arguing against a provision related to the treatment of parimutuel betting. Rep. Bob Goodlatte, R-Virginia, chief sponsor of H.R. 3125, is working to get another House vote in early September. This vote would require only a simple majority for passage.

The NCAA, along with other professional sports leagues, family groups and the National Association of Attorneys General, have strongly supported the passage of H.R. 3125. The NCAA is asking its members to contact their House congressional delegation and urge them to ensure another House vote as soon as possible. In November 1999, a similar bill, S. 692, passed unanimously in the Senate. The House must adopt H.R. 3125 by a majority vote and a conference agreement must be forged to reconcile the differences between the House and Senate bills before Congress adjourns in the first week of October.

Alternative Internet prohibition legislation introduced in the House.

On July 27, Reps. John Conyers, D-Michigan, and Chris Cannon, R-Utah, introduced H.R. 5020, the Comprehensive Internet Gambling Prohibition Act of 2000. Conyers and Cannon did not support H.R. 3125, believing the legislation was not effective and would expand gambling by providing the parimutuel industry favorable language. However, H.R. 5020 takes a much different approach to addressing the problem of Internet gambling. It is not clear whether the legislation provides an effective enforcement mechanism, nor is it clear whether it adequately addresses certain forms of gambling over the Internet. The legislation has been referred to the House Judiciary Subcommittee on Crime. The House Judiciary Committee is not expected to take action; however, should H.R. 3125 be reconsidered on the House floor, H.R. 5020 may be offered as a substitute amendment. The NCAA continues to support the adoption of H.R. 3125.

Following unanimous approval by the Senate Commerce Committee on April 13, S. 2340, the Amateur Sports Integrity Act, was cleared for Senate floor consideration.

The bill's sponsors, Sens. John McCain, R-Arizona, and Sam Brownback, R-Kansas, continue to work with Senate leadership to schedule the bill for floor debate when Congress returns in September. Several attempts to bring the bill to the floor for a vote in the form of an amendment or a freestanding bill have been unsuccessful due to objections by the Nevada senators.

House Judiciary Committee to consider legislation in early September -- floor vote possible.

In the House of Representatives, Reps. Lindsey Graham, R-South Carolina, and Tim Roemer, D-Indiana, are sponsors of the Student-Athlete Protection Act, H.R. 3575. This legislation is the companion bill to S. 2340. Both congressmen continue to work with the House leadership to secure a vote on the bill in the House before Congress adjourns in mid-October. The House Judiciary Committee is expected to adopt the legislation in early September. The legislation is co-sponsored by 80 members of the House, and the legislation is expected to pass easily on the House floor if the leadership allows the bill to be considered. Several prominent leaders of the House have publicly announced that they will try to block any attempt to bring the legislation before the full House for a vote.

National Youth Sports Program issues

Fiscal-year 2001 funding.

The House and Senate have approved fiscal-year 2001 appropriations bills that provide funding for the NYSP. The Senate Labor/HHS/Education Subcommittee considered its funding bill (S. 2553) on May 11, providing $15 million for the National Youth Sports Program. It cleared the full Senate on June 30. The House Appropriations Subcommittee provided $16 million for the NYSP and that legislation was cleared by the full House on June 14. The House and Senate Committees have been meeting in an effort to resolve differences between the two funding bills. However, efforts to reach a compromise that satisfies Republicans and Democrats on the committee as well as meet White House demands related to education priorities and other matters have not been successful. It is hoped that a resolution will be reached before the mid-October adjournment date Congress has scheduled and that the higher $16 million figure will be provided for the NYSP.

Sports safety issues

Consumer Product Safety Commission considers review of bat standards -- NCAA provides comments.

On August 7, the NCAA submitted comments to the Consumer Product Safety Commission (CPSC) related to the commission's consideration of the issuance of a performance standard for nonwood baseball bats. The commission received a petition (MacKay CP 00-1, July 17 Federal Register) requesting the development by the commission of a standard for nonwood bats.

The NCAA's comments provided the commission with a historical perspective of the NCAA's own efforts to establish standards for nonwood bats, discussed how the NCAA arrived at the current standard and corrected inaccuracies in the MacKay petition regarding the NCAA's process and conclusions.

After reviewing all comments, the CPSC will determine whether a nonwood bat standard for safety is warranted and if so what standard should be implemented.

Athlete-agent issues

Uniform Athlete-Agent Act -- model state law nears completion.

On August 2, the National Conference of Commissioners on Uniform State Laws (NCCUSL) adopted the Uniform Athlete-Agent Act, a model state law regulating athlete agents. The passage of the uniform act was the result of four years of work. In 1996, the NCCUSL agreed to form a drafting committee and begin work on drafting a uniform state athlete-agent law. The committee, consisting of 11 appointed commissioners, met several times a year. The drafting sessions also were attended by agents, representatives of the professional players associations and an NCAA staff liaison. All groups were encouraged to provide input.

The Act is intended to provide a uniform approach to state regulation of athlete agents. It was felt that a uniform state law would be preferable to a federal law because state agencies and law enforcement would have more interest in enforcing the regulations than representatives of the federal government. Presently, there are 28 different state laws regulating athlete agents. A number of state statutes are poorly drafted and many state requirements are largely ignored by agents. One of the goals of the Act is to ensure that athlete agents register with the states where they conduct business. This is achieved through a reciprocal registration process that hopefully will eliminate some of the registration burdens imposed on athlete agents and result in a greater number of registrants in each state.

The approval of the Uniform Athlete-Agent Act by the full NCCUSL now clears the way for the legislation to receive a final review from the NCCUSL Style Committee. After this has been concluded, the Act will be forwarded to the American Bar Association (ABA). It is not believed that the ABA will suggest any substantive changes. The model bill should be ready in its final form by fall 2000. The NCAA already is planning an extensive effort to ensure that its member institutions urge their respective state legislature to quickly adopt the Uniform Act. The NCAA will be working closely with the NCCUSL to identify sponsors of the legislation and to coordinate an effective lobbying effort.