Bills of Congress by U.S. Congress

Correcting Opportunity and Accountability in Collegiate Hiring Act (COACH Act)

Summary

The Correcting Opportunity and Accountability in Collegiate Hiring Act (COACH Act) aims to amend the Higher Education Act of 1965. It seeks to cap intercollegiate athletics compensation and buyouts as a condition for institutions participating in Federal student aid programs.

The bill sets a limit on total annual compensation for athletics department employees, pegged to ten times the institution's tuition and required fees. It also addresses buyouts and separation payments, treating them as compensation subject to the cap.

Furthermore, the COACH Act includes an antitrust safe harbor to permit collective implementation and enforcement of the compensation cap, aiming to balance cost control with legal compliance.

Expected Effects

The COACH Act, if enacted, would impose financial constraints on college athletic programs. This could lead to a shift in resource allocation within universities, potentially impacting coaching salaries and related expenditures.

The legislation could also influence the competitive landscape of college sports, as institutions adjust to the compensation cap. It may also affect the negotiation and structure of employment agreements within athletic departments.

Ultimately, the bill aims to redirect resources towards academic priorities and broad-based opportunities, while ensuring compliance with antitrust laws.

Potential Benefits

  • Could lead to a more equitable distribution of resources within universities, benefiting academic programs and non-revenue sports.
  • May help control the escalating costs associated with intercollegiate athletics, potentially reducing tuition increases for students.
  • Could promote greater transparency and accountability in the financial management of college athletic programs.
  • Aims to ensure that athletic programs align with the educational missions of institutions.
  • Provides an antitrust safe harbor, reducing the risk of legal challenges to compensation caps.

Potential Disadvantages

  • May limit the ability of universities to attract and retain top-tier coaching talent, potentially affecting the competitiveness of their athletic programs.
  • Could lead to legal challenges from coaches and athletic personnel who argue that the compensation cap is unfair or discriminatory.
  • May create unintended consequences, such as the development of alternative compensation arrangements that circumvent the cap.
  • Could disproportionately affect smaller or less wealthy institutions that rely on Federal student aid programs.
  • May face resistance from athletic conferences and media-rights consortiums that benefit from high coaching salaries.

Constitutional Alignment

The COACH Act's constitutional alignment is complex. Congress has the power to regulate interstate commerce (Article I, Section 8), which could be argued to extend to intercollegiate athletics due to their significant commercial aspects. The Act also ties eligibility for federal funding (Higher Education Act) to compliance, leveraging the Spending Clause (Article I, Section 8, Clause 1), which allows Congress to set conditions on the receipt of federal funds.

However, the antitrust safe harbor provision raises concerns. While Congress can legislate to modify the application of antitrust laws, such interventions must be carefully balanced to avoid undue restrictions on trade and competition. The First Amendment's protection of freedom of association could also be invoked if the compensation cap is argued to unduly restrict the ability of athletic conferences to operate.

Ultimately, the Act's constitutionality would likely depend on whether the courts find the compensation cap and antitrust safe harbor to be reasonable and narrowly tailored to achieve a legitimate government interest.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).