II 

116TH CONGRESS 

2D SESSION S. 5062 

To protect the rights of college athletes and to establish the Commission 

on College Athletics, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2020 

Mr. BOOKER (for himself, Mr. BLUMENTHAL, Mrs. GILLIBRAND, and Mr. 

SCHATZ) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To protect the rights of college athletes and to establish 

the Commission on College Athletics, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘College Athletes Bill 

5 of Rights’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ATHLETIC DEPARTMENT.—The term ‘‘ath9 letic department’’ means a department at an instituVerDate Sep 11 2014 00:14 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5062.IS S5062

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1 tion of higher education responsible for overseeing 1 

2 or more athletic programs and related staff. 

3 (2) ATHLETIC PROGRAM.—The term ‘‘athletic 

4 program’’ means a program for a particular inter5 collegiate sport at an institution of higher education. 

6 (3) ATHLETIC REPUTATION.—The term ‘‘ath7 letic reputation’’ means— 

8 (A) with respect to a college athlete, the 

9 recognition or fame of the college athlete relat10 ing to the intercollegiate athletic ability, stand11 ing, participation, or performance of the college 

12 athlete; and 

13 (B) with respect to an institution of higher 

14 education, the recognition or fame the institu15 tion of higher education garners from the ath16 letic programs of the institution of higher edu17 cation. 

18 (4) COLLEGE ATHLETE.—The term ‘‘college 

19 athlete’’ means an individual who participates in an 

20 intercollegiate sport for an institution of higher edu21 cation. 

22 (5) COLLEGE ATHLETE AGENT.—The term 

23 ‘‘college athlete agent’’ means an athlete agent (as 

24 defined in section 2 of the Sports Agent Responsi25 bility and Trust Act (15 U.S.C. 7801)) who is cerVerDate Sep 11 2014 00:14 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5062.IS S5062

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1 tified in accordance with the standards established 

2 under section 11(d)(1). 

3 (6) COMMERCIAL SPORTS REVENUE ROY4 ALTY.—The term ‘‘commercial sports revenue roy5 alty’’ means funds distributed to a college athlete by 

6 an intercollegiate athletic association under section 

7 5(b)(2). 

8 (7) COMMISSION.—The term ‘‘Commission’’ 

9 means the Commission on College Athletics estab10 lished by section 11(a). 

11 (8) CONFERENCE.—The term ‘‘conference’’ 

12 means a group or an association of athletic pro13 grams that play competitively against each other. 

14 (9) COST OF ATTENDANCE.—The term ‘‘cost of 

15 attendance’’— 

16 (A) has the meaning given the term in sec17 tion 472 of the Higher Education Act of 1965 

18 (20 U.S.C. 1087ll); and 

19 (B) shall be calculated by the financial aid 

20 office of an institution of higher education ap21 plying the same standards, policies, and proce22 dures for all students. 

23 (10) COVERED COMPENSATION.—The term 

24 ‘‘covered compensation’’— 


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1 (A) means any payment, remuneration, or 

2 benefit provided by a third party to a college 

3 athlete or a former college athlete; and 

4 (B) does not include the payment or provi5 sion of a grant-in-aid. 

6 (11) ENDORSEMENT CONTRACT.—The term 

7 ‘‘endorsement contract’’ means an agreement for the 

8 commercial use of a college athlete’s name, image, 

9 likeness, or athletic reputation, in exchange for cov10 ered compensation. 

11 (12) FUND.—The term ‘‘Fund’’ means the 

12 medical trust fund established under section 6(a). 

13 (13) GRANT-IN-AID.—The term ‘‘grant-in14 aid’’— 

15 (A) means a scholarship, grant, or other 

16 form of financial assistance, including the provi17 sion of tuition, room, board, books, or funds for 

18 fees or personal expenses, that— 

19 (i) is paid or provided by an institu20 tion of higher education to a student for 

21 the student’s undergraduate or graduate 

22 course of study; and 

23 (ii) is in an amount that does not ex24 ceed the cost of attendance for such stuVerDate Sep 11 2014 00:14 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5062.IS S5062

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1 dent at the institution of higher education; 

2 and 

3 (B) does not include covered compensation. 

4 (14) IMAGE.—The term ‘‘image’’, with respect 

5 to a college athlete, means a photograph, video, or 

6 computer-generated representation that identifies, is 

7 linked to, or is reasonably linkable to the college ath8 lete. 

9 (15) INSTITUTION OF HIGHER EDUCATION.— 

10 The term ‘‘institution of higher education’’ has the 

11 meaning given the term in section 101 of the Higher 

12 Education Act of 1965 (20 U.S.C. 1001 et seq.). 

13 (16) INTERCOLLEGIATE ATHLETIC ASSOCIA14 TION.—The term ‘‘intercollegiate athletic associa15 tion’’ means any association, conference, or other 

16 group or organization, including the National Colle17 giate Athletic Association, that— 

18 (A) exercises authority over intercollegiate 

19 athletics; and 

20 (B) is engaged in commerce or in any in21 dustry or activity affecting commerce. 

22 (17) LIKENESS.—The term ‘‘likeness’’ means— 

23 (A) with respect to a college athlete of a 

24 sport for which the college athlete has a jersey 

25 number, the jersey number associated with the 


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1 college athlete and the sport in which the col2 lege athlete participates at a particular institu3 tion of higher education during the period of 

4 the participation of the college athlete in the 

5 sport at the institution of higher education, if 

6 the jersey number is accompanied by— 

7 (i) a logo or color scheme that is 

8 clearly associated with the institution of 

9 higher education; or 

10 (ii) some other means by which the 

11 jersey number is clearly associated with 

12 the particular college athlete; and 

13 (B) with respect to any college athlete or 

14 former college athlete— 

15 (i) the uniquely identifiable voice, 

16 catch phrase, or nickname of the college 

17 athlete; or 

18 (ii) any other trademark that identi19 fies or distinguishes the college athlete. 

20 (18) NAME.—The term ‘‘name’’, with respect to 

21 a college athlete, means— 

22 (A) the first name and last or family name 

23 that identifies the college athlete; 

24 (B) a nickname or a preferred name of the 

25 college athlete; or 


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1 (C) a name that the college athlete uses to 

2 identity the college athlete. 

3 (19) THIRD PARTY.—The term ‘‘third party’’ 

4 means an individual or entity other than an institu5 tion of higher education, a conference, or an inter6 collegiate athletic association. 

7 SEC. 3. COLLEGE ATHLETE RIGHTS AND PROTECTIONS. 

8 (a) RIGHT TO MARKET NAME, IMAGE, LIKENESS, OR

9 ATHLETIC REPUTATION.— 

10 (1) IN GENERAL.—Subject to a limitation pur11 suant to paragraph (3), an institution of higher edu12 cation, an intercollegiate athletic association, or a 

13 conference may not restrict the ability of college ath14 letes, individually or as a group, to market the use 

15 of their names, images, likenesses, or athletic rep16 utations. 

17 (2) GROUP LICENSING.—A person may not use 

18 the name, image, likeness, or athletic reputation of 

19 any member of a group described in paragraph (1) 

20 to sell or promote any product unless the person ob21 tains a license from the group for that purpose. 

22 (3) CERTAIN STATE LIMITATIONS PER23 MITTED.— 

24 (A) IN GENERAL.—Notwithstanding para25 graph (1), a State may prohibit college athletes 


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1 residing in the State from entering into en2 dorsement contracts with entities in a par3 ticular industry if the State also prohibits insti4 tutions of higher education located in the State 

5 from entering into agreements with such enti6 ties. 

7 (B) NOTIFICATION OF COLLEGE ATH8 LETES.—An institution of higher education 

9 shall provide to each college athlete enrolled at 

10 the institution of higher education a list of enti11 ties with which institutions of higher education 

12 and college athletes are prohibited from enter13 ing into endorsement contracts pursuant to sub14 paragraph (A). 

15 (4) INSTITUTION OF HIGHER EDUCATION

16 AGREEMENTS WITH THIRD PARTIES.—In conjunc17 tion with an endorsement contract of a college ath18 lete enrolled at a particular institution of higher 

19 education, such institution of higher education may 

20 enter into a separate agreement with the third party 

21 concerned for the intellectual property rights or the 

22 name, image, likeness, or athletic reputation rights 

23 of the institution of higher education, including the 

24 use of the logos and team uniforms of the institution 

25 of higher education, if— 


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1 (A) the third party provides directly to the 

2 college athlete concerned covered compensation 

3 pursuant to the endorsement contract; and 

4 (B) the agreement between the institution 

5 of higher education and the third party is not 

6 initiated or coordinated by the institution of 

7 higher education. 

8 (5) INSTITUTION-SPONSORED COMPETITION

9 AND PRACTICES.— 

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (B), an institution of higher edu12 cation may require a college athlete to use, dur13 ing a competition or practice sponsored by the 

14 institution of higher education, apparel selected 

15 by the institution of higher education. 

16 (B) EXCEPTIONS.— 

17 (i) ACTIVITIES OTHER THAN MANDA18 TORY TEAM ACTIVITIES.—An institution of 

19 higher education may not prohibit, and 

20 may not enter into a contract that pro21 hibits, a college athlete from carrying out 

22 activities pursuant to an endorsement con23 tract during a period in which the college 

24 athlete is not engaged in a mandatory 

25 team activity. 


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1 (ii) FOOTWEAR.—An institution of 

2 higher education may not prohibit or dis3 courage a college athlete from wearing 

4 footwear of his or her choice during man5 datory team activities, unless the footwear 

6 has lights, reflective fabric, or poses a 

7 health risk to the college athlete. 

8 (6) TREATMENT OF COMPENSATION, BENEFITS, 

9 OR ROYALTIES PROVIDED TO COLLEGE ATHLETES.— 

10 Covered compensation or commercial sports revenue 

11 royalties— 

12 (A) shall not be considered financial aid by 

13 any institution of higher education, intercolle14 giate athletic association, conference, or third 

15 party; and 

16 (B) notwithstanding section 480(j) of the 

17 Higher Education Act of 1965 (20 U.S.C. 

18 1087vv(j)), shall not be included as financial as19 sistance for purposes of determining a student’s 

20 eligibility for financial assistance under title IV 

21 of the Higher Education Act of 1965 (20 

22 U.S.C. 1070 et seq.). 

23 (b) RIGHT TO COMPENSATION FOR EXPENSES.— 

24 (1) IN GENERAL.—An institution of higher edu25 cation, an intercollegiate athletic association, or a 


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1 conference may not restrict the ability of a college 

2 athlete to receive payment from any source for— 

3 (A) transportation, room, or board for 1 or 

4 more friends or family members of the college 

5 athlete during any period in which the college 

6 athlete is addressing a physical or mental 

7 health concern or participating in intercollegiate 

8 athletics competition; 

9 (B) necessities, including food, shelter, 

10 medical coverage, and medical expenses; or 

11 (C) tuition, fees, books, transportation, or 

12 any other incidental expense that is not other13 wise provided by an institution of higher edu14 cation. 

15 (2) GRANTS-IN-AID GUARANTEES.— 

16 (A) Receipt of covered compensation pur17 suant to an endorsement contract shall not ad18 versely affect— 

19 (i) a college athlete’s eligibility or op20 portunity to apply for a grant-in-aid; or 

21 (ii) the amount, duration, or renewal 

22 of a college athlete’s grant-in-aid. 

23 (B) LIMITATION ON REVOCATION.—An in24 stitution of higher education may not revoke or 

25 reduce a college athlete’s grant-in-aid based on 


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1 the college athlete having entered into an en2 dorsement contract. 

3 (c) RIGHT TO AGENT REPRESENTATION.— 

4 (1) IN GENERAL.—An institution of higher edu5 cation, an intercollegiate athletic association, or a 

6 conference may not restrict the ability of a college 

7 athlete to obtain agent representation with respect 

8 to an endorsement contract, including— 

9 (A) representation provided by college ath10 lete agents, group licensing entities, and finan11 cial advisors; and 

12 (B) legal representation by attorneys. 

13 (2) PREVENTING CONFLICTS OF INTEREST.— 

14 An institution of higher education, an intercollegiate 

15 athletic association, or a conference, or a business 

16 partner of an institution of higher education, an 

17 intercollegiate athletic association, or a conference 

18 may not— 

19 (A) represent college athletes in endorse20 ment contracts; 

21 (B) regulate the representation of college 

22 athletes with respect to endorsement contracts; 

23 or 

24 (C) engage in the certification of individ25 uals for such representation. 


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1 (d) RIGHT TO TRANSFER.— 

2 (1) IN GENERAL.—A college athlete shall retain 

3 his or her right to transfer from one institution of 

4 higher education to another notwithstanding any 

5 contract to which a college athlete is a party or na6 tional letter of intent signed by the college athlete. 

7 (2) LIMITATION ON TRANSFER PENALTIES.— 

8 Institutions of higher education, intercollegiate ath9 letic associations, and conferences shall allow a col10 lege athlete to transfer from one institution of high11 er education to another without losing grant-in-aid 

12 opportunities or eligibility for intercollegiate athletics 

13 if— 

14 (A) not less than 7 days before transfer15 ring, the college athlete provides to his or her 

16 athletic director notice of intent to transfer; and 

17 (B) the transfer does not occur during— 

18 (i) the season of the sport of the col19 lege athlete; or 

20 (ii) the 45-day period preceding the 

21 date on which such season commences. 

22 (3) INDUCEMENTS TO TRANSFER PROHIB23 ITED.— 

24 (A) IN GENERAL.—An institution of higher 

25 education, an intercollegiate athletic association, 


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1 or a conference may not offer or provide to a 

2 college athlete any compensation or benefit 

3 (other than grant-in-aid) that is— 

4 (i) conditioned on the college athlete 

5 transferring to a particular institution of 

6 higher education; or 

7 (ii) intended to induce the college ath8 lete to transfer to a particular institution 

9 of higher education. 

10 (B) CAMPUS TOURS.—Notwithstanding 

11 subparagraph (A), an institution of higher edu12 cation, an intercollegiate athletic association, or 

13 a conference may provide a college athlete with 

14 reimbursement for expenses relating to campus 

15 tours or visits. 

16 (e) RIGHT TO ENTER PROFESSIONAL SPORTS

17 DRAFTS.—An institution of higher education, an inter18 collegiate athletic association, or a conference may not 

19 prevent the participation of a college athlete in intercolle20 giate athletics based on the college athlete having entered 

21 into a professional sports draft if the college athlete— 

22 (1) does not receive compensation, directly or 

23 indirectly, from a professional sports league; and 

24 (2) not later than 7 days after the completion 

25 of the draft, notifies his or her athletic director of 


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1 his or her intent to forgo participation in the profes2 sional league. 

3 (f) RIGHT TO FULL PARTICIPATION IN INTERCOLLE4 GIATE ATHLETICS COMPETITION.—An institution of high5 er education, an intercollegiate athletic association, a con6 ference, or a State may not maintain or enforce any rule, 

7 requirement, standard, condition, or other limitation that 

8 prevents the full participation of a college athlete in inter9 collegiate athletics competition based on the college athlete 

10 having— 

11 (1) entered into an endorsement contract; or 

12 (2) obtained representation described in sub13 section (c)(1). 

14 (g) ADDITIONAL PROTECTIONS.—An institution of 

15 higher education, an intercollegiate athletic association, or 

16 a conference may not— 

17 (1) arrange an endorsement contract on behalf 

18 of a college athlete; 

19 (2) impose on college athletes restrictions on 

20 speech that are more stringent than restrictions on 

21 speech imposed on students enrolled at the institu22 tion of higher education who are not college athletes; 

23 (3) levy against a college athlete any fine or 

24 other punishment that does not apply equally to 


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1 other students enrolled in the institution of higher 

2 education; 

3 (4) coordinate or cooperate with any other insti4 tution of higher education, intercollegiate athletic as5 sociation, or conference to limit or determine the 

6 amount of payment offered to a college athlete under 

7 an endorsement contract; or 

8 (5) eliminate the funding of an athletic pro9 gram unless all other options for reducing the ex10 penses of the athletic program, including reducing 

11 coach salaries and administrative and facility ex12 penses, are not feasible. 

13 SEC. 4. PENALTIES FOR VIOLATIONS. 

14 (a) INSTITUTIONS OF HIGHER EDUCATION.— 

15 (1) INDIVIDUALS.—An individual associated 

16 with an institution of higher education who is found, 

17 after an investigation by the Commission, to have fa18 cilitated a violation of section 3 shall be— 

19 (A) suspended from working at an institu20 tion of higher education for a period of not less 

21 than 1 year; 

22 (B) suspended from working at an institu23 tion of higher education for a period of not less 

24 than 5 years; or 


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1 (C) permanently banned from working at 

2 an institution of higher education. 

3 (2) INSTITUTIONS.— 

4 (A) IN GENERAL.—An institution of higher 

5 education found to be in violation of section 3, 

6 other than paragraph (4) of section 3(g), shall 

7 be assessed a civil penalty that is the greater 

8 of— 

9 (i) the amount equal to 15 percent of 

10 the total athletic revenue generated by the 

11 institution of higher education in the pre12 ceding academic year; or 

13 (ii) $200,000. 

14 (B) COORDINATION OR COOPERATION.— 

15 An institution of higher education found to be 

16 in violation of section 3(g)(4) shall be assessed 

17 a civil penalty that is the greater of— 

18 (i) the amount equal to 20 percent of 

19 the total athletic revenue generated by the 

20 institution of higher education in the pre21 ceding academic year; or 

22 (ii) $250,000. 

23 (b) INTERCOLLEGIATE ATHLETIC ASSOCIATIONS AND

24 CONFERENCES.— 


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1 (1) INDIVIDUALS.—An individual associated 

2 with an intercollegiate athletic association or a con3 ference found to be primarily responsible for a viola4 tion of section 3 shall be banned or suspended from 

5 participation in intercollegiate athletics for a period 

6 of not less than 2 years. 

7 (2) INTERCOLLEGIATE ATHLETIC ASSOCIATIONS

8 AND CONFERENCES.— 

9 (A) IN GENERAL.—An intercollegiate ath10 letic association or a conference found to be in 

11 violation of subsection (a), (b), (c), (e), (f), or 

12 (g) of section 3 shall be assessed a civil penalty 

13 of $250,000. 

14 (B) INTERFERENCE WITH RIGHT TO

15 TRANSFER.—An intercollegiate athletic associa16 tion or a conference found to be in violation of 

17 section 3(d) shall be assessed a civil penalty of 

18 $100,000. 

19 (c) RECOMMENDATIONS FOR GREATER PEN20 ALTIES.—The Commission may impose a penalty greater 

21 than a penalty described in this section. 

22 SEC. 5. REVENUE SHARING. 

23 (a) DEFINITIONS.— 

24 (1) ATHLETIC GRANT-IN-AID LIMIT.—The term 

25 ‘‘athletic grant-in-aid limit’’ means, with respect to 


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1 a particular sport, the maximum number of athletic 

2 grant-in-aid scholarships an institution of higher 

3 education can award to college athletes in the sport, 

4 as prescribed by an intercollegiate athletic associa5 tion. 

6 (2) COMMERCIAL SPORTS NIL REVENUE.— 

7 (A) IN GENERAL.—The term ‘‘commercial 

8 sports NIL revenue’’, when used in reference to 

9 an athletic program, means the amount of total 

10 annual revenue generated from the athletic pro11 gram at an institution of higher education. 

12 (B) USE OF PREVIOUSLY REPORTED

13 DATA.—For purposes of subparagraph (A), an 

14 institution of higher education required to sub15 mit an annual report under section 485(g) of 

16 the Higher Education Act of 1965 (20 U.S.C. 

17 1092(g)) shall use the amounts described in 

18 paragraph (1)(F) of such section from the most 

19 recent report to determine the commercial 

20 sports NIL revenue for each athletic program. 

21 (3) COVERED SPORTS TEAM.—The term ‘‘cov22 ered sports team’’ means an athletic program that 

23 participates in a division or subdivision for which 50 

24 percent of the total commercial sports NIL revenue 

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1 pates in the division or subdivision is greater than 

2 the total amount of grant-in-aid provided by those 

3 institutions of higher education to eligible college 

4 athletes that participate in athletic programs in that 

5 division or subdivision. 

6 (4) DIVISION OR SUBDIVISION.—The term ‘‘di7 vision or subdivision’’ means a division or subdivi8 sion, such as the Football Championship Subdivision 

9 or the Football Bowl Subdivision, of a particular 

10 type of athletic program. 

11 (5) ELIGIBLE COLLEGE ATHLETE.—The term 

12 ‘‘eligible college athlete’’ means a college athlete that 

13 receives grant-in-aid from the institution of higher 

14 education attended by the college athlete. 

15 (6) REPORTING YEAR.—The term ‘‘reporting 

16 year’’ means the time period covered by a report 

17 submitted by an institution of higher education 

18 under section 485(g) of the Higher Education Act of 

19 1965 (20 U.S.C. 1092(g)). 

20 (b) ROYALTY PAYMENTS.— 

21 (1) PAYMENTS TO INTERCOLLEGIATE ATHLETIC

22 ASSOCIATIONS.—Not later than the first July 15 oc23 curring after the date that is 1 year after the date 

24 of enactment of this Act, and annually thereafter, if 

25 an intercollegiate athletic association that has govVerDate Sep 11 2014 00:14 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5062.IS S5062

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1 erning authority over a covered sports team is re2 quired to distribute commercial sports revenue royal3 ties to eligible college athletes that participate in the 

4 division or subdivision of the covered sports team 

5 under paragraph (2), the institution of higher edu6 cation associated with the covered sports team shall 

7 transfer to the intercollegiate athletic association— 

8 (A) regardless of whether the institution of 

9 higher education awards any grant-in-aid to col10 lege athletes that participate on the covered 

11 sports team— 

12 (i) 50 percent of such commercial 

13 sports NIL revenue; minus 

14 (ii) the amount of grant-in-aid the in15 stitution of higher education awards to eli16 gible college athletes that participate on 

17 the covered sports team; 

18 (B) if the amount of grant-in-aid that the 

19 institution of higher education awards to eligi20 ble college athletes that participate on the cov21 ered sports team is more than 50 percent of the 

22 commercial sports NIL revenue generated by 

23 the covered sports team, the institution of high24 er education shall transfer a percentage of such 

25 commercial sports NIL revenue determined by 


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1 the Commission after calculating average con2 tributions made by institutions of higher edu3 cation of a similar size; and 

4 (C) a list of the eligible college athletes 

5 that participate on the covered sports team. 

6 (2) PAYMENTS TO ATHLETES.—Not later than 

7 the first August 15 occurring after the date that is 

8 1 year after the date of enactment of this Act, and 

9 annually thereafter, an intercollegiate athletic asso10 ciation that has governing authority over a covered 

11 sports team shall, if practicable, distribute among 

12 every eligible college athlete that participates in the 

13 division or subdivision in which the covered sports 

14 team participates— 

15 (A) the total commercial sports NIL rev16 enue received from institutions of higher edu17 cation under paragraph (1) on account of a cov18 ered sports team that participates in the divi19 sion or subdivision; divided by 

20 (B) the number of eligible college athletes 

21 that participate in the division during the appli22 cable reporting year. 

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1 cial sports revenue royalty to an eligible college ath2 lete under this subsection— 

3 (A) directly; or 

4 (B) upon the request of the eligible college 

5 athlete, through the licensing group of the eligi6 ble college athlete. 

7 (c) TRANSPARENCY.— 

8 (1) INSTITUTIONS OF HIGHER EDUCATION.— 

9 Not later than the first July 31 occurring after the 

10 date that is 1 year after the date of enactment of 

11 this Act, and annually thereafter, an institution of 

12 higher education shall make public and disclose to 

13 the college athletes of the institution of higher edu14 cation— 

15 (A) the commercial sports NIL revenue 

16 generated by each athletic program of the insti17 tution of higher education; and 

18 (B) if the institution of higher education 

19 has 1 or more covered sports teams, the 

20 amount of the commercial sports revenue royal21 ties distributed to each eligible college athlete 

22 on each covered sports team. 

23 (2) INTERCOLLEGIATE ATHLETIC ASSOCIA24 TIONS.—Not later than the first July 31 occurring 

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1 ment of this Act, and annually thereafter, an inter2 collegiate athletic association that distributes com3 mercial sports revenue royalties shall make public 

4 the amount of the commercial sports revenue royal5 ties distributed by the intercollegiate athletic asso6 ciation, organized by institution of higher education 

7 and sport. 

8 (d) CONFORMING AMENDMENT.—Section 

9 485(g)(1)(F) of the Higher Education Act of 1965 (20 

10 U.S.C. 1092(g)(1)(F)) is amended by striking ‘‘except 

11 that an institution may also report such revenues by indi12 vidual team’’ and inserting ‘‘, in the aggregate and 

13 disaggregated by individual team’’. 

14 SEC. 6. MEDICAL EXPENSES FOR SPORTS-RELATED INJU15 RIES AND HEALTH CARE SERVICES FOR COL16 LEGE ATHLETES. 

17 (a) MEDICAL TRUST FUND.— 

18 (1) ESTABLISHMENT.—The Commission shall 

19 establish a medical trust fund to cover the cost of— 

20 (A)(i) for college athletes, the out-of-pocket 

21 expenses relating to any sports-related injury; 

22 and 

23 (ii) during the 5-year period beginning on 

24 the date on which an individual ceases to be a 

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1 ing to any sports-related injury or illness suf2 fered by such individual while the individual 

3 was a college athlete; 

4 (B) medical expenses for college athletes 

5 and former college athletes diagnosed with cer6 tain sports-related conditions, including chronic 

7 traumatic encephalopathy; and 

8 (C) independent medical second opinions 

9 for college athletes. 

10 (2) CONTRIBUTIONS.— 

11 (A) IN GENERAL.—Not later than July 31 

12 each year, institutions of higher education with 

13 athletic departments shall make contributions 

14 to the Fund in the amount determined by the 

15 Commission to be reasonable to cover the costs 

16 of medical treatment as described in paragraph 

17 (1) for the applicable academic year and taking 

18 into account the revenues of the respective ath19 letic departments of such institution of higher 

20 education. 

21 (B) PENALTY FOR NONCOMPLIANCE.— 

22 (i) IN GENERAL.—An institution of 

23 higher education that fails to make a time24 ly contribution required by subparagraph 

25 (A) shall— 


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1 (I) make the delinquent contribu2 tion retroactively; and 

3 (II) be assessed— 

4 (aa) interest on such con5 tribution at a rate of 10 percent 

6 annually; and 

7 (bb) a civil penalty that is 

8 the greater of— 

9 (AA) for each academic 

10 year concerned, the amount 

11 equal to 20 percent of the 

12 total athletic revenue gen13 erated by the institution of 

14 higher education; or 

15 (BB) $200,000. 

16 (ii) WAIVER.—In the case of a first 

17 delinquent contribution, the Commission 

18 may waive the applicability of clause (i) on 

19 request by the institution of higher edu20 cation concerned if the institution of high21 er education makes the delinquent pay22 ment not later than August 7 of the year 

23 in which the payment was due. 

24 (b) PHYSICAL EXAMINATIONS.—Before the expira25 tion of eligibility for intercollegiate athletics, a college athVerDate Sep 11 2014 00:14 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S5062.IS S5062

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1 lete shall be offered the opportunity to undergo a physical 

2 examination for the purpose of diagnosing any sports-re3 lated injury or condition. 

4 (c) SECOND OPINIONS.—A college athlete shall have 

5 the right to obtain a medical second opinion independent 

6 from the medical opinion given by the institution of higher 

7 education at which the college athlete is enrolled. 

8 (d) TRAINERS AND MEDICAL PERSONNEL.—Any 

9 sports trainer or medical personnel employed by an insti10 tution of higher education shall— 

11 (1) be employed by the health office of the in12 stitution of higher education; and 

13 (2) operate independently from the athletic de14 partment. 

15 SEC. 7. HEALTH, WELLNESS, AND SAFETY STANDARDS. 

16 (a) ESTABLISHMENT OF STANDARDS.— 

17 (1) IN GENERAL.—Not later than 120 days 

18 after the date of the enactment of this Act, the Sec19 retary of Health and Human Services (referred to in 

20 this subsection as the ‘‘Secretary’’), acting through 

21 the Director of the Centers for Disease Control and 

22 Prevention, and in consultation with the Assistant 

23 Secretary of Labor for Occupational Safety and 

24 Health, shall establish health, wellness, and safety 

25 guidelines for intercollegiate athletic programs. 


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1 (2) CONSULTATION AND CONSIDERATIONS.—In 

2 developing the standards under paragraph (1), the 

3 Secretary shall— 

4 (A) consult with the Sports Science Insti5 tute of the National Collegiate Athletic Associa6 tion; and 

7 (B) consider existing guidelines of relevant 

8 nonprofit entities, such as the National Colle9 giate Athletic Association, conferences, profes10 sional sports leagues, the National Athletic 

11 Trainers Association, and college athlete advo12 cacy communities. 

13 (3) CONTENT.—The guidelines established 

14 under paragraph (1) shall address— 

15 (A) cardiac health; 

16 (B) concussion and traumatic brain inju17 ries; 

18 (C) illegal performance enhancers and sub19 stance abuse; 

20 (D) mental health; 

21 (E) nutrition, sleep, and performance; 

22 (F) overuse injuries, periodization, and 

23 heat-related illnesses; 

24 (G) sexual assault and interpersonal vio25 lence; 


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1 (H) athletics health care administration; 

2 (I) weight and pain management; 

3 (J) rhabdomyolysis; 

4 (K) sickle cell trait; 

5 (L) asthma; and 

6 (M) such other topics as the Secretary de7 termines appropriate. 

8 (b) ROUTINE COMPLIANCE AUDITS.—Not less fre9 quently than monthly, the Commission shall conduct an 

10 audit of athletic programs to verify compliance with the 

11 guidelines established under subsection (a)(1). 

12 (c) PENALTIES.— 

13 (1) INDIVIDUALS.—An individual found to be 

14 primarily responsible for noncompliance with a 

15 guideline established under subsection (a)(1), or for 

16 threatening or retaliating against any individual or 

17 entity that reports such noncompliance, shall be sub18 ject to a lifetime ban on involvement with intercolle19 giate athletics. 

20 (2) INSTITUTIONS OF HIGHER EDUCATION.—An 

21 institution of higher education found to be in non22 compliance with a guideline established under sub23 section (a)(1) shall be assessed, for each academic 

24 year in which the noncompliance occurred, a civil 

25 penalty in the amount equal to 30 percent of the 


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1 total athletic revenue generated by the institution of 

2 higher education. 

3 SEC. 8. COLLEGE ATHLETES’ RIGHT TO EDUCATIONAL OUT4 COMES. 

5 (a) ENSURING COLLEGE ATHLETES’ RIGHT TO EDU6 CATIONAL OUTCOMES.— 

7 (1) GUARANTEE OF SCHOLARSHIPS.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (C), an institution of higher edu10 cation that provides an individual with a college 

11 athlete scholarship for an academic year shall 

12 provide the individual with a scholarship de13 scribed in subparagraph (B) for each subse14 quent academic year— 

15 (i) in which the individual is enrolled 

16 at the institution and until the individual 

17 receives an undergraduate degree from 

18 such institution; and 

19 (ii) without regard to whether the in20 dividual is playing an intercollegiate sport 

21 for the institution during any such subse22 quent year. 

23 (B) AMOUNT.—A scholarship awarded to 

24 an individual for a subsequent year in accord25 ance with subparagraph (A) shall be in an 


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1 amount equal to the scholarship provided to the 

2 individual for the preceding year, increased by 

3 the rate of inflation for the preceding year. 

4 (C) EXCEPTIONS.—The requirements of 

5 subparagraph (A) shall not apply if an indi6 vidual— 

7 (i) is found by the institution to have 

8 committed academic fraud or other mis9 conduct that would ordinarily result in ex10 pulsion; or 

11 (ii) earns a grade point average of less 

12 than 2.20 on a 4-point scale, or the equiva13 lent, for 2 or more consecutive semesters. 

14 (D) DEFINITION OF COLLEGE ATHLETE

15 SCHOLARSHIP.—In this paragraph, the term 

16 ‘‘college athlete scholarship’’ means a scholar17 ship provided by an institution of higher edu18 cation for an academic year to an individual 

19 who has agreed to be a college athlete for the 

20 institution for such academic year. 

21 (2) REQUIREMENTS FOR ACADEMIC ADVISING

22 AND TUTORING.—Any academic advisor or tutoring 

23 services provided to a college athlete by an institu24 tion of higher education shall be independent from 


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1 the athletic department of the institution of higher 

2 education. 

3 (3) NO INFLUENCE OR RETALIATION FOR

4 COURSEWORK.—An individual working or volun5 teering for an athletic department of an institution 

6 of higher education may not influence, or retaliate 

7 against a college athlete based on, a college athlete’s 

8 selection of any course or academic major. 

9 (4) NO INTERFERENCE IN

10 EXTRACURRICULARS.—An individual working for an 

11 athletic department of an institution of higher edu12 cation shall not interfere with, or discourage, any 

13 college athlete who wishes to secure employment or 

14 internships, participate in student groups or events, 

15 or serve as a volunteer, as long as such activities do 

16 not interfere with mandatory class time or manda17 tory team activities. 

18 (b) PENALTIES.—An institution of higher education 

19 found to be in violation of subsection (a), or to have per20 mitted the work or volunteering of an individual who vio21 lated such subsection, shall be assessed, for each indi22 vidual harmed by the violation, a civil penalty of $75,000. 


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1 SEC. 9. FINANCIAL LITERACY AND LIFE SKILLS DEVELOP2 MENT PROGRAM. 

3 (a) IN GENERAL.—Each institution of higher edu4 cation shall— 

5 (1) offer a financial literacy and life skills devel6 opment program described in subsection (b); and 

7 (2) require every college athlete enrolled in the 

8 institution of higher education to attend the pro9 gram during the college athlete’s first year of en10 gagement in an intercollegiate sport. 

11 (b) FINANCIAL LITERACY AND LIFE SKILLS DEVEL12 OPMENT PROGRAM.— 

13 (1) IN GENERAL.—Each financial literacy and 

14 life skills development program offered under sub15 section (a) shall— 

16 (A) be not less than 15 hours in total du17 ration across sessions; 

18 (B) be eligible for postsecondary credit, 

19 consistent with the credit allocation guidelines 

20 of the institution of higher education; and 

21 (C) include, at a minimum, information re22 garding— 

23 (i) the rights of college athletes under 

24 this Act; and 

25 (ii) time management skills, personal 

26 budgeting, debt, credit, and interest rates. 


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1 (2) LIMITATION.—A financial literacy and life 

2 skills development program offered under subsection 

3 (a) may not include any marketing, advertising, re4 ferral, or solicitation by providers of financial prod5 ucts or services. 

6 SEC. 10. REPORTING AND ACCOUNTABILITY. 

7 (a) ANNUAL REPORTING BY INSTITUTIONS OF HIGH8 ER EDUCATION.— 

9 (1) IN GENERAL.—Not later than 60 days after 

10 the date on which an academic year ends, each insti11 tution of higher education with 1 or more athletic 

12 programs shall submit to the Commission a report 

13 that includes, for the academic year, the following: 

14 (A) The revenues and expenditures of each 

15 athletic program, including booster donations 

16 and compensation for athletic program per17 sonnel, disclosed under section 5(c)(1). 

18 (B) The average number of hours college 

19 athletes enrolled at the institution of higher 

20 education spent on athletic activities, including 

21 mandatory and voluntary team activities, and 

22 team travel, disaggregated by athletic program. 

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1 cation, disaggregated by athletic program, race 

2 and ethnicity, and gender. 

3 (2) PENALTIES FOR NONCOMPLIANCE.—An in4 stitution of higher education that fails to timely sub5 mit a report under paragraph (1), or intentionally 

6 submits an inaccurate report, as determined by the 

7 Commission, shall be assessed a civil penalty that is 

8 the greater of— 

9 (A) the amount equal to 15 percent of the 

10 total athletic revenue generated by the institu11 tion of higher education; or 

12 (B) $200,000. 

13 (b) COMMISSION DATABASE.—The Commission shall 

14 maintain a publicly accessible, searchable database that 

15 contains the information provided in each annual report 

16 submitted under subsection (a)(1). 

17 SEC. 11. COMMISSION ON COLLEGE ATHLETICS. 

18 (a) ESTABLISHMENT.—There is established a com19 mission, to be known as the ‘‘Commission on College Ath20 letics’’, for the following purposes: 

21 (1) To act for the benefit of all college athletes, 

22 without regard to receipt of grant-in-aid. 

23 (2) To protect the economic interests of college 

24 athletes. 


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1 (3) To ensure that agents of college athletes 

2 faithfully represent the interests of college athletes. 

3 (4) To enforce this Act and the standards es4 tablished under subsection (d)(1) in a manner ade5 quate to deter such violations. 

6 (5) To promote the health, wellness, and safety 

7 of college athletes. 

8 (b) ORGANIZATION.— 

9 (1) FEDERAL CHARTER.—The Commission is a 

10 federally chartered corporation, governed by a board 

11 of directors, and entrusted with the constitutional 

12 duty to take care that the laws be faithfully exe13 cuted. 

14 (2) PERPETUAL EXISTENCE.—Except as other15 wise provided in subsection (n), the Commission has 

16 perpetual existence. 

17 (3) STATUS.—The Commission is not an agen18 cy (as defined in section 551 of title 5, United 

19 States Code). 

20 (4) CONSTITUTION AND BYLAWS.—The Com21 mission shall adopt a constitution and bylaws that 

22 reflect the rights and protections set forth in this 

23 Act. 

24 (c) BOARD OF DIRECTORS.— 

25 (1) COMPOSITION.— 


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1 (A) IN GENERAL.—The board of directors 

2 of the Commission (referred to in this section 

3 as the ‘‘Board’’) shall be comprised of 9 mem4 bers, who, subject to subparagraphs (B) 

5 through (E), shall be appointed by the Presi6 dent, by and with the advice and consent of the 

7 Senate. 

8 (B) DIVERSITY.—The appointment of 

9 members of the Board shall be coordinated to 

10 ensure diversity among such members. 

11 (C) POLITICAL PARTY.—Not more than 5 

12 members of the Board may be appointed from 

13 the same political party. 

14 (D) REQUIREMENTS.— 

15 (i) IN GENERAL.—Each member ap16 pointed under subparagraph (A) shall have 

17 achieved distinction in his or her respective 

18 professional field. 

19 (ii) REPRESENTATION.—The members 

20 of the Board shall be representatives of 

21 former college athletes, professional fields, 

22 and members of the public as follows: 

23 (I) Not fewer than 5 members 

24 filling the designated categories de25 scribed in subclauses (II) through 


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1 (IX) shall be former college athletes 

2 who have graduated from an institu3 tion of higher education. 

4 (II) 1 member shall have exper5 tise in sports, contracts, and publicity 

6 rights law. 

7 (III) 1 member shall have exper8 tise in constitutional law with respect 

9 to the freedom of speech. 

10 (IV) 1 member shall have exper11 tise in communications. 

12 (V) 1 member shall be a certified 

13 public accountant with expertise in 

14 corporate financial audits and cor15 porate compliance investigations. 

16 (VI) 1 member shall have exper17 tise in arbitration. 

18 (VII) One member shall have ex19 pertise in sports economics. 

20 (VIII) 1 member shall have ex21 pertise in civil rights law and compli22 ance with Title IX of the Education 

23 Amendments of 1972 (20 U.S.C. 

24 1681 et seq.). 


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1 (IX) 2 members shall have exper2 tise in health, wellness, and safety in 

3 sports. 

4 (E) INDEPENDENCE.— 

5 (i) IN GENERAL.—An individual who 

6 is employed by an institution of higher 

7 education, serves on the governing body of 

8 an institution of higher education, or re9 ceives compensation from an athletic pro10 gram of an institution of higher education, 

11 an intercollegiate athletic association, or a 

12 conference, including a commissioner or an 

13 administrator of such an athletic program, 

14 an intercollegiate athletic association, or a 

15 conference, may not serve as a member of 

16 the Board. 

17 (ii) FORMER COMMISSIONERS AND AD18 MINISTRATORS.—A former commissioner 

19 or administrator of an athletic program of 

20 an institution of higher education, an 

21 intercollegiate athletic association, or a 

22 conference shall not be eligible to serve on 

23 the Board. 

24 (2) TERMS; VACANCIES.— 


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1 (A) TERMS.—A member of the Board shall 

2 be appointed for a term of 5 years, except 

3 that— 

4 (i) the Chair shall be appointed for a 

5 term of 2 years; and 

6 (ii) of the other members first ap7 pointed— 

8 (I) 4 members shall be appointed 

9 for a term of 5 years; 

10 (II) 3 members shall be ap11 pointed for a term of 4 years; and 

12 (III) 2 members shall be ap13 pointed for a term of 3 years. 

14 (B) VACANCIES.— 

15 (i) IN GENERAL.—A vacancy on the 

16 Board shall be filled in the manner in 

17 which the original appointment was made 

18 and shall be subject to any condition that 

19 applied with respect to the original ap20 pointment. 

21 (ii) FILLING UNEXPIRED TERM.—An 

22 individual chosen to fill a vacancy shall be 

23 appointed for the unexpired term of the 

24 member replaced. 


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1 (C) EXPIRATION OF TERMS.—The term of 

2 any member shall not expire before the date on 

3 which the member’s successor takes office. 

4 (3) CHAIR.— 

5 (A) INITIAL APPOINTMENT.—The first 

6 chair of the Board shall be appointed by the 

7 President. 

8 (B) SUBSEQUENT APPOINTMENTS.—Any 

9 subsequent chair of the Board shall be elected 

10 by a majority of the members of the Board. 

11 (4) INITIAL MEETING.—Not later than 60 days 

12 after the date on which the majority of members 

13 have been appointed under paragraph (1)(A), the 

14 Board shall hold an initial meeting. 

15 (5) QUORUM.—A majority of members of the 

16 Board shall constitute a quorum. 

17 (6) SALARY.—Each member of the Board shall 

18 be compensated at a rate not to exceed the highest 

19 annual rate of basic pay in effect for a position at 

20 level IV of the Executive Schedule under section 

21 5315 of title 5, United States Code. 

22 (d) DUTIES AND AUTHORITY.— 

23 (1) ESTABLISHMENT OF STANDARDS.— 


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1 (A) ENDORSEMENT CONTRACTS.—The 

2 Commission shall establish standards with re3 spect to endorsement contracts. 

4 (B) CERTIFICATION OF COLLEGE ATHLETE

5 AGENTS.— 

6 (i) IN GENERAL.—The Commission 

7 shall establish standards with respect to— 

8 (I) registration and annual cer9 tification of— 

10 (aa) college athlete agents; 

11 and 

12 (bb) agencies and entities 

13 that represent college athletes; 

14 (II) revocation of such certifi15 cation; and 

16 (III) agency fees charged by col17 lege athlete agents. 

18 (ii) RECOGNITION OF THE COMMIS19 SION AS COLLEGE ATHLETE AGENT CER20 TIFICATION BODY.—Section 3 of the 

21 Sports Agent Responsibility and Trust Act 

22 (15 U.S.C. 7802) is amended by adding at 

23 the end the following: 

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1 mission on College Athletics established by section 11 of 

2 the College Athletes Bill of Rights shall— 

3 ‘‘(1) be recognized as the certification body for 

4 athlete agents; and 

5 ‘‘(2) have the authority to establish standards 

6 and procedures with respect to the registration and 

7 annual certification of athlete agents.’’. 

8 (iii) EDUCATIONAL REQUIREMENTS

9 FOR COLLEGE ATHLETE AGENTS.—The 

10 Commission may not establish a standard 

11 requiring college athlete agents to attain a 

12 bachelor’s degree, an associate’s degree, or 

13 a graduate degree from an institution of 

14 higher education. 

15 (C) HEALTH, WELLNESS, AND SAFETY.— 

16 The Commission shall establish standards with 

17 respect to the health, wellness, and safety of 

18 college athletes consistent with the guidelines 

19 established by the Secretary of Health and 

20 Human Services under section 7(a)(1). 

21 (D) PURPOSES OF COMMISSION GOV22 ERNING STANDARDS.—In establishing the 

23 standards under this paragraph, the Commis24 sion shall ensure that such standards effectuate 


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1 the purposes of the Commission set forth in 

2 subsection (a). 

3 (2) DEVELOPMENT OF EDUCATIONAL MATE4 RIALS.— 

5 (A) IN GENERAL.—The Commission shall 

6 develop and disseminate educational materials 

7 relating to endorsement contracts for college 

8 athletes, institutions of higher education, inter9 collegiate athletic associations, and conferences. 

10 (B) DISSEMINATION OF INFORMATION.— 

11 The member of the Board described in sub12 section (c)(1)(D)(ii)(IV) shall be responsible for 

13 disseminating such educational materials. 

14 (3) REPORTING MECHANISM.— 

15 (A) IN GENERAL.—The Commission shall 

16 establish and maintain a dedicated telephone 

17 hotline and an online portal by which college 

18 athletes may report— 

19 (i) instances of improper conduct; and 

20 (ii) noncompliance with guidelines es21 tablished under section 7(a)(1). 

22 (B) PROCEDURE.—Not later than 30 days 

23 after receiving a report from a college athlete 

24 regarding an instance of improper conduct or 


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1 noncompliance with such guidelines, the Com2 mission shall— 

3 (i) determine whether an investigation 

4 is warranted; and 

5 (ii) provide to the college athlete noti6 fication of the determination made under 

7 clause (i), together with a justification for 

8 such determination. 

9 (C) PROTECTION FROM RETALIATION.—A 

10 college athlete who makes a report under this 

11 paragraph shall be protected from threats and 

12 retaliation. 

13 (4) RESOLUTION OF DISPUTES.— 

14 (A) IN GENERAL.—The Commission shall 

15 provide a forum for the swift and equitable res16 olution of conflicts relating to endorsement con17 tracts through a dispute resolution process for 

18 college athletes, institutions of higher education, 

19 intercollegiate athletic associations, and con20 ferences. 

21 (B) PROCEDURE.— 

22 (i) IN GENERAL.—With respect to a 

23 dispute resolution process referred to in 

24 subparagraph (A), the Commission shall— 


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1 (I) provide to applicable individ2 uals or entities notice and an oppor3 tunity for a hearing; and 

4 (II) select an arbitrator, who 

5 shall make a decision on resolution of 

6 the dispute. 

7 (ii) APPEAL.—A party to such a dis8 pute resolution process may appeal the de9 cision of the arbitrator to the Commission, 

10 which may— 

11 (I) review the decision; and 

12 (II) issue a final decision. 

13 (5) ASSESSMENT OF FEES.— 

14 (A) ANNUAL AGENT CERTIFICATION

15 FEES.—The Commission may assess an annual 

16 certification fee for each college athlete agent 

17 certified in accordance with the standards es18 tablished under paragraph (1)(B). 

19 (B) CERTAIN INTERCOLLEGIATE ATHLETIC

20 ASSOCIATIONS AND CONFERENCES.— 

21 (i) IN GENERAL.—The Commission 

22 may assess fees on intercollegiate athletic 

23 associations and conferences that have an24 nual revenues exceeding $20,000,000. 


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1 (ii) REMITTANCE OF FEES.—Inter2 collegiate athletic associations and con3 ferences shall remit such fees to the Com4 mission. 

5 (C) COLLECTION.—The Commission may 

6 collect fees under paragraphs (A) and (B) in 

7 accordance with such rules as the Commission 

8 may establish. 

9 (6) TITLE IX MONITORING, INVESTIGATIONS, 

10 AND REPORTING.— 

11 (A) MONITORING.—The Commission shall 

12 monitor and provide publicly available informa13 tion about the compliance with Title IX of the 

14 Education Amendments of 1972 (20 U.S.C. 

15 1681 et seq.) (referred to in this paragraph as 

16 ‘‘Title IX’’) of athletic programs within an in17 stitution of higher education that is subject to 

18 Title IX. 

19 (B) INVESTIGATIONS.—The Commission 

20 may investigate any action by any such athletic 

21 program that would constitute a violation of 

22 Title IX. 

23 (C) REPORTING.—If, in the course of such 

24 an investigation, the Commission becomes 

25 aware of a potential violation of Title IX, the 


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1 Commission shall submit to the Office for Civil 

2 Rights of the Department of Education all 

3 proper information in the possession of the 

4 Commission relating to the potential violation. 

5 (7) ADMINISTRATION OF MEDICAL TRUST

6 FUND.— 

7 (A) IN GENERAL.—The Commission shall 

8 administer the Fund as described in section 

9 6(a). 

10 (B) ANNUAL ASSESSMENTS.—Not less fre11 quently than annually, the Commission shall de12 termine— 

13 (i) the necessary funding levels to be 

14 maintained in the Fund to adequately ful15 fill the financial obligations of the Fund; 

16 and 

17 (ii) the amount each institution of 

18 higher education with an athletic depart19 ment shall be required to contribute for 

20 the applicable academic year, in accord21 ance with section 6(a)(2). 

22 (C) MAINTENANCE OF FUNDS.—On an on23 going basis, the Commission shall maintain in 

24 the Fund the level of funding determined nec25 essary under subparagraph (B)(i). 


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1 (D) COLLECTION.—Not less frequently 

2 than annually, the Commission shall collect 

3 from institutions of higher education with ath4 letic departments the amount determined under 

5 subparagraph (B)(ii). 

6 (8) ADDITIONAL DUTIES AND AUTHORITIES.— 

7 The Commission— 

8 (A) shall— 

9 (i) maintain the database as described 

10 in section 10(b); 

11 (ii) issue reports as described in sub12 section (j); 

13 (iii) conduct audits of athletic pro14 grams to ensure compliance with this Act 

15 and standards established under paragraph 

16 (1); 

17 (iv) carry out investigations relating 

18 to violations of this Act or any such stand19 ard; and 

20 (v) carry out enforcement actions as 

21 described in section 12(a); and 

22 (B) may— 

23 (i) establish and maintain offices to 

24 conduct the affairs of the Commission; 


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1 (ii) hire staff to carry out the duties 

2 described in this section; 

3 (iii) enter into contracts; 

4 (iv) acquire, own, lease, encumber, 

5 and transfer property as necessary to carry 

6 out such duties; 

7 (v) borrow money, issue instruments 

8 of indebtedness, and secure its obligations 

9 by granting security interests in its prop10 erty; 

11 (vi) publish a magazine, newsletter, 

12 and other publications consistent with such 

13 duties; 

14 (vii) subpoena an individual the testi15 mony of whom may be relevant to such du16 ties; and 

17 (viii) carry out any other activity, in18 cluding the issuance of rules, regulations, 

19 and orders, as the Commission considers 

20 necessary and proper to carry out such du21 ties or the purposes set forth in subsection 

22 (a). 

23 (e) ADVISORY COUNCILS.— 

24 (1) ATHLETE ADVISORY COUNCIL.— 


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1 (A) ESTABLISHMENT.—There is estab2 lished within the Commission an Athlete Advi3 sory Council to provide advice and expertise to 

4 the Commission. 

5 (B) MEMBERSHIP.—The members of the 

6 Athlete Advisory Council shall be selected by 

7 the Board as follows: 

8 (i) 50 percent shall be current college 

9 athletes enrolled at institutions of higher 

10 education. 

11 (ii) 50 percent shall be former college 

12 athletes who have graduated from institu13 tions of higher education. 

14 (2) OTHER ADVISORY COUNCILS.—There are 

15 established within the Commission, for the purpose 

16 of providing advice and expertise to the Commis17 sion— 

18 (A) a Health, Wellness, and Safety Advi19 sory Council; 

20 (B) an Educational Opportunity Advisory 

21 Council; and 

22 (C) a Labor, Gender Equity, and Com23 pensation Advisory Council. 


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1 (3) TERM.—The term of a member of an advi2 sory council established under this subsection shall 

3 be 2 years. 

4 (4) REPORT.—Not later than 1 year after the 

5 date of the enactment of this Act, the Labor, Gender 

6 Equity, and Compensation Advisory Council shall 

7 issue a public report that describes potential path8 ways for college athletes to collectively bargain and 

9 form a union. 

10 (f) OMBUDSMAN FOR COLLEGE ATHLETES.— 

11 (1) IN GENERAL.—The Commission shall hire 

12 and provide salary, benefits, and administrative ex13 penses for an ombudsman for college athletes (re14 ferred to in this subsection as the ‘‘Ombudsman’’). 

15 (2) DUTIES.—The Ombudsman shall— 

16 (A) provide independent advice to college 

17 athletes at no cost with respect to— 

18 (i) the provisions of this Act; 

19 (ii) the constitution and bylaws of the 

20 Commission; and 

21 (iii) the resolution of any dispute re22 lating to the opportunity of a college ath23 lete to enter into an endorsement contract; 

24 (B) assist college athletes in the resolution 

25 of any such dispute; and 


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1 (C) report to the Board and the Athlete 

2 Advisory Council on a regular basis. 

3 (3) HIRING PROCEDURES; VACANCY; TERMI4 NATION.— 

5 (A) HIRING PROCEDURES.—The procedure 

6 for hiring the Ombudsman shall be as follows: 

7 (i) The Athlete Advisory Council shall 

8 provide the chair of the Board with the 

9 name of 1 qualified individual to serve as 

10 Ombudsman. 

11 (ii) The chair of the Board shall im12 mediately transmit the name of such indi13 vidual to the Board. 

14 (iii) The Board shall hire or not hire 

15 such individual after fully considering the 

16 advice and counsel of the Athlete Advisory 

17 Council. 

18 (B) VACANCY.—If there is a vacancy in 

19 the position of Ombudsman, the nomination 

20 and hiring procedure set forth in this para21 graph shall be followed in a timely manner. 

22 (C) TERMINATION.—The Commission may 

23 terminate the employment of an individual serv24 ing as Ombudsman only if— 


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1 (i) the termination is carried out in 

2 accordance with the applicable policies and 

3 procedures of the Commission; 

4 (ii) the termination is initially rec5 ommended to the Board by— 

6 (I) a majority of the Board; or 

7 (II) a majority of the Athlete Ad8 visory Council; and 

9 (iii) the Board fully considers the ad10 vice and counsel of the Athlete Advisory 

11 Council before deciding whether to termi12 nate the employment of such individual. 

13 (g) RESTRICTIONS.— 

14 (1) PROFIT AND STOCK.—The Commission may 

15 not engage in business for profit or issue stock. 

16 (2) POLITICAL ACTIVITIES.—The Commission 

17 shall be nonpolitical and may not promote the can18 didacy of any individual seeking public office. 

19 (h) HEADQUARTERS, PRINCIPAL OFFICE, AND

20 MEETINGS.—The Commission shall maintain its principal 

21 office and national headquarters in a location in the 

22 United States decided by the Commission. The Commis23 sion may hold its annual and special meetings in the 

24 places decided by the Commission. 


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1 (i) SERVICE OF PROCESS.—As a condition to the ex2 ercise of any authority or privilege granted by this section, 

3 the Commission shall have a designated agent to receive 

4 service of process for the Commission. Notice to or service 

5 on the agent, or mailed to the business address of the 

6 agent, is notice to or service on the Commission. 

7 (j) REPORTS.—Not less frequently than annually, the 

8 Commission shall submit to the Committee on Commerce, 

9 Science, and Transportation of the Senate, the Committee 

10 on Energy and Commerce of the House of Representa11 tives, and the President a report that includes— 

12 (1) the number of disputes resolved by the 

13 Commission in the preceding year under subsection 

14 (d)(4), and if applicable, a description of such dis15 pute resolutions; 

16 (2) the number of such disputes filed in the 

17 preceding year; 

18 (3) with respect to a violation of this Act or a 

19 standard or rule established under this Act, a sum20 mary of the violation and a description of the en21 forcement action taken by the Commission; and 

22 (4) recommendations for legislative or adminis23 trative action, as the Commission considers appro24 priate. 


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1 (k) APPLICABILITY OF THE FREEDOM OF INFORMA2 TION ACT.—The provisions of section 552 of title 5, 

3 United States Code (commonly referred to as the ‘‘Free4 dom of Information Act’’), shall apply to the activities, 

5 records, and proceedings of the Commission. 

6 (l) FUNDING.—Any fee assessed or fine imposed 

7 under this Act shall be allocated toward funding the Com8 mission and its activities. 

9 (m) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $50,000,000 for each of fiscal years 2021 and 2022. 

12 (n) EFFECTIVE DATE.—This section shall take effect 

13 on the date that is 2 years after the date of the enactment 

14 of this Act. 

15 SEC. 12. ENFORCEMENT. 

16 (a) ENFORCEMENT BY COMMISSION.— 

17 (1) IN GENERAL.—The Commission shall carry 

18 out enforcement actions for any violation of this Act, 

19 or a standard or rule established under this Act, in20 cluding by— 

21 (A) levying fines; 

22 (B) imposing penalties, including suspen23 sion of an individual or entity from participa24 tion in intercollegiate athletics competition for a 

25 period determined by the Commission; and 


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1 (C) commencing civil actions and seeking 

2 all appropriate legal, equitable, or other relief, 

3 including damages and injunctions. 

4 (2) NOTICE.—With respect to an enforcement 

5 action carried out under this subsection, the Com6 mission shall provide to the individual or entity con7 cerned notice of the enforcement action and an op8 portunity for a hearing. 

9 (3) IMPOSITION OF FINES.—With respect to a 

10 violation of this Act, or a standard or rule estab11 lished under this Act, that has damaged or unjustly 

12 enriched a regulated party, the Commission shall im13 pose a fine in an amount not less than the value of 

14 the damage or unjust enrichment. 

15 (4) REPRESENTATION.—The Commission may 

16 act in its own name and through its own attorneys— 

17 (A) in enforcing any provision of this Act, 

18 the standards and rules established under this 

19 Act, or any other law or regulation; and 

20 (B) in any civil action, suit, or proceeding 

21 to which the Commission is a party. 

22 (5) COMPROMISE OF ACTIONS.—The Commis23 sion may compromise or settle any civil action if 

24 such compromise or settlement is approved by the 

25 court. 


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1 (6) FORUM.—A civil action under this Act may 

2 be brought by the Commission in a Federal district 

3 court of competent jurisdiction. 

4 (7) RULE OF CONSTRUCTION.—An enforcement 

5 action carried out by the Commission shall be con6 strued as an enforcement action carried out by the 

7 Federal Government, and the Federal Government 

8 shall be considered to be exercising political respon9 sibility for such action, regardless of any claim of a 

10 State to sovereign immunity under the 11th Amend11 ment to the Constitution of the United States or any 

12 other law. 

13 (b) INSTITUTIONS OF HIGHER EDUCATION.—Section 

14 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

15 1094(a)) is amended by adding at the end the following: 

16 ‘‘(30)(A) The institution will— 

17 ‘‘(i) comply, and ensure that all business 

18 partners of the institution comply, with the re19 quirements of sections 3, 5, 8, 9, and 10(a) of 

20 the College Athletes Bill of Rights; and 

21 ‘‘(ii) not participate in any athletic con22 ference or athletic association that fails to com23 ply with such requirements.’’. 

24 (c) PRIVATE RIGHT OF ACTION.—A college athlete 

25 aggrieved by a violation of this Act, or a standard or rule 


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1 established under this Act, may bring a civil action for 

2 all appropriate remedies in a Federal district court of com3 petent jurisdiction. 

4 (d) ACTIONS BY STATE.— 

5 (1) IN GENERAL.—In any case in which the at6 torney general of a State, or such other official as 

7 the State may designate, has reason to believe that 

8 an interest of the residents of such State has been 

9 or is threatened or adversely affected by an act or 

10 practice in violation of this Act, or a standard or 

11 rule established under this Act, the State may bring 

12 a civil action on behalf of the residents of the State 

13 in an appropriate State court or a district court of 

14 the United States that is located in the State and 

15 has jurisdiction over the defendant— 

16 (A) to enforce compliance with this Act or 

17 such standard or rule; and 

18 (B) for all appropriate remedies. 

19 (2) NOTICE.— 

20 (A) IN GENERAL.—Before filing an action 

21 under this subsection or commencing any other 

22 administrative or regulatory proceeding to en23 force this Act, or a standard or rule established 

24 under this Act, the attorney general, official, or 


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1 agency of the State involved shall provide to the 

2 Commission— 

3 (i) a written notice of such action or 

4 proceeding; and 

5 (ii) a copy of the complaint for such 

6 action or proceeding. 

7 (B) CONTENTS OF NOTICE.—The written 

8 notice required by subparagraph (A) shall in9 clude— 

10 (i) the identity of the parties; 

11 (ii) a description of the alleged facts 

12 underlying the action or proceeding; and 

13 (iii) an assessment as to whether 

14 there is a need to coordinate the prosecu15 tion of the action or proceeding so as not 

16 to interfere with any action or proceeding 

17 undertaken by the Commission or a Fed18 eral agency. 

19 (C) COMMISSION RESPONSE.—On receiving 

20 notice under this paragraph of an action or pro21 ceeding under this subsection, the Commission 

22 shall have the right— 

23 (i) to intervene in the action or pro24 ceeding; 

25 (ii) upon so intervening— 


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1 (I) to remove the action or pro2 ceeding to the appropriate United 

3 States district court, if the action or 

4 proceeding was not originally brought 

5 there; and 

6 (II) to be heard on all matters 

7 arising in the action or proceeding; 

8 and 

9 (iii) to appeal any order or judgment, 

10 to the same extent as any other party in 

11 the proceeding. 

12 (3) REGULATIONS.—The Commission shall pre13 scribe regulations to implement this subsection and, 

14 from time to time, provide guidance to further co15 ordinate actions with State attorneys general and 

16 other regulators. 

17 (4) RULE OF CONSTRUCTION.—Nothing in this 

18 subsection may be construed as altering, limiting, or 

19 affecting the authority of a State attorney general or 

20 any other regulatory or enforcement agency or au21 thority to bring an action or other regulatory pro22 ceeding arising solely under the law in effect in that 

23 State. 

24 (e) APPLICABILITY OF SPORTS AGENT RESPONSI25 BILITY AND TRUST ACT TO COLLEGE ATHLETE


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1 AGENTS.—Sections 3 through 5 of the Sports Agent Re2 sponsibility and Trust Act (15 U.S.C. 7802–7804) shall 

3 apply with respect to college athlete agents. 

4 (f) SOVEREIGN IMMUNITY.—The use or receipt by a 

5 State of Federal financial assistance for a work-study pro6 gram under section 3485 of title 38, United States Code, 

7 shall constitute a waiver of sovereign immunity, under the 

8 11th Amendment to the Constitution of the United States 

9 or any other law, to any suit brought by any college athlete 

10 aggrieved by a violation of this Act or by any enforcement 

11 action brought by the Commission, for legal, equitable, or 

12 other relief (including damages and injunctions) under 

13 this Act. 

14 SEC. 13. RULES OF CONSTRUCTION. 

15 Nothing in this Act may be construed— 

16 (1) to preempt, modify, limit, or supersede any 

17 State law or regulation relating to sports agents, at18 torneys, or other athlete representatives; or 

19 (2) to modify or limit the enforcement authority 

20 of the Occupational Safety and Health Administra21 tion, the Department of Labor, the Department of 

22 Education, or any other Federal agency. 

23 SEC. 14. SEVERABILITY. 

24 If any provision of this Act, an amendment made by 

25 this Act, or the application of such provision or amendVerDate Sep 11 2014 00:14 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S5062.IS S5062

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1 ment to any person or circumstance is held to be unconsti2 tutional, the remainder of this Act and the amendments 

3 made by this Act, and the application of the provision or 

4 amendment to any other person or circumstance, shall not 

5 be affected. 

Æ 


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