; Whereas the NCAA is subject to title IX because, pursuant to section 908 of such Act, it is an operation of its federally funded member schools; Whereas, while the Supreme Court ruled in NCAA v. Smith, 525 US 459 (1999), that the NCAA is not subject to title IX by virtue of the dues it receives from its federally funded member schools, the Supreme Court left open the question of whether the NCAA is subject to title IX on alternative grounds, including based on its controlling authority over member schools’ federally funded athletics programs or pursuant to the definition of program or activity in section 908 of such Act; Whereas the NCAA is an unincorporated association of approximately 1,200 members, including virtually all public and private universities and 4-year colleges conducting major athletics programs in the United States. Members of the NCAA that receive Federal funds are subject to title IX; Whereas member schools cede control to the NCAA by allowing it to host 90 intercollegiate championship tournaments in 24 sports across 3 divisions (During championship tournaments, the NCAA controls the medical, training, housing, dining, and competition facilities, and dictates the tournament schedule and the publicity and promotion of the teams.); Whereas, because the NCAA is subject to title IX, it must address documented discrimination against women’s teams in the benefits and services provided during championship tournaments so that student athletes who experience sex discrimination during the regular season who are able to seek remedies under title IX have the same remedies when they experience inequitable access to benefits or services during intercollegiate championship tournaments and other barriers to exercising their rights