Smith, Boyle Introduce Bipartisan Bill to Protect the Integrity of College Athletics

Today, U.S. Representatives Adrian Smith (R-NE-03) and Brendan F. Boyle (D-PA-02), members of House Ways and Means Committee, introduced the Fair Play Enforcement Act, to protect the integrity of college athletics by holding colleges and universities accountable for fielding athletes who violate established standards of fair competition.

"College athletics have a long history of bringing people together, fostering competition, and teaching us what it means to represent something bigger than ourselves. Unfortunately, recent developments continue to put the values and traditions that make college sports unique at risk. I introduced my Fair Play Enforcement Actto ensure that colleges and universities uphold fair competition and preserve the values that have long defined college athletics for generations to come," said Smith.

"College sports depend on honesty and fair play. Schools should not be fielding players who have bet on games or who have been on professional sports teams. Our commonsense legislation creates a financial consequence for schools that cross that line and helps protect the integrity of college athletics,"said Boyle.

BACKGROUND:
The Fair Play Enforcement Act holds colleges and universities accountable for fielding athletes who violate the standards of collegiate competition. The legislation would impose an excise tax penalty on a school that knowingly or reasonably should have known it was fielding a player in a sanctioned competition who:

• Gambled on collegiate sports; or
• Signed a contract with and was rostered by a professional sports team in the same sport in which the player subsequently competed at the collegiate level.
  

Excise Tax Penalty:
If a school is found in violation, the legislation would impose an excise tax based on a percentage of the institution's total gross athletic revenue, including but not limited to ticket sales, media rights, conference and postseason distributions, sponsorships, licensing and merchandising, athletic donations, concessions, and other revenue attributable to the athletic program.

Safeguards:

• Documented determination: Requires a final, documented determination from the appropriate governing body, such as the NCAA, that the player violated the applicable prohibition before a penalty may be imposed.
  
• School knowledge: Applies only when a college or university knew or reasonably should have known that it was fielding a player who violated the applicable standard.
  
• Judicial safe harbor: Provides a safe harbor when a court orders a school to roster or field a player who would otherwise be subject to the prohibition.

See full bill text here.