II 

117TH CONGRESS 

2D SESSION S. 4724 

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 

AUGUST 2, 2022 

Mr. BOOKER (for himself, Mr. BLUMENTHAL, Mr. SCHATZ, Mr. WYDEN, and 

Mr. PADILLA) 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 17:28 Aug 09, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4724.IS S4724

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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’’— 

20 (A) means— 

21 (i) an enrolled college athlete; and 

22 (ii) a former college athlete; and 

23 (B) includes a nonimmigrant described in 

24 subparagraph (F) of section 101(a)(15) of the 

25 Immigration and Nationality Act (8 U.S.C. 


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1 1101(a)(15)) who is present in the United 

2 States pursuant to a valid, unexpired visa 

3 issued under that subparagraph. 

4 (5) COLLEGE ATHLETE AGENT.—The term 

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

6 defined in section 2 of the Sports Agent Responsi7 bility and Trust Act (15 U.S.C. 7801)) who is cer8 tified in accordance with the standards established 

9 under section 11(d)(1). 

10 (6) COMMISSION.—The term ‘‘Commission’’ 

11 means the Commission on College Athletics estab12 lished by section 11(a). 

13 (7) CONFERENCE.—The term ‘‘conference’’ 

14 means a group or an association of athletic pro15 grams that play competitively against each other. 

16 (8) COST OF ATTENDANCE.—The term ‘‘cost of 

17 attendance’’— 

18 (A) has the meaning given the term in sec19 tion 472 of the Higher Education Act of 1965 

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

21 (B) shall be calculated by the financial aid 

22 office of an institution of higher education ap23 plying the same standards, policies, and proce24 dures for all students. 


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1 (9) COVERED COMPENSATION.—The term ‘‘cov2 ered compensation’’— 

3 (A) means any payment, remuneration, or 

4 benefit provided by a third party to a college 

5 athlete; and 

6 (B) does not include the payment or provi7 sion of a grant-in-aid. 

8 (10) ENDORSEMENT CONTRACT.—The term 

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

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

11 likeness, or athletic reputation, in exchange for cov12 ered compensation. 

13 (11) ENROLLED COLLEGE ATHLETE.—The 

14 term ‘‘enrolled college athlete’’ means an individual 

15 who— 

16 (A) has been accepted to an institution of 

17 higher education and intends to participate in 

18 an intercollegiate sport for the institution of 

19 higher education; or 

20 (B)(i) is enrolled in an institution of high21 er education; and 

22 (ii) participates or participated in an inter23 collegiate sport for the institution of higher 

24 education. 


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1 (12) FORMER COLLEGE ATHLETE.—The term 

2 ‘‘former college athlete’’ means an individual who 

3 participated in an intercollegiate sport for an institu4 tion of higher education but is no longer enrolled in 

5 an institution of higher education. 

6 (13) FUND.—The term ‘‘Fund’’ means the 

7 medical trust fund established under section 5(b). 

8 (14) GRANT-IN-AID.—The term ‘‘grant-in9 aid’’— 

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

11 form of financial assistance, including the provi12 sion of tuition, room, board, books, or funds for 

13 fees or personal expenses, that— 

14 (i) is paid or provided by an institu15 tion of higher education to a student for 

16 the student’s undergraduate or graduate 

17 course of study; and 

18 (ii) is in an amount that does not ex19 ceed the cost of attendance for such stu20 dent at the institution of higher education; 

21 and 

22 (B) does not include covered compensation. 

23 (15) IMAGE.—The term ‘‘image’’, with respect 

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

25 computer-generated representation that— 


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1 (A) identifies, is linked to, or is reasonably 

2 linkable to the college athlete; and 

3 (B) relates to the intercollegiate athletic 

4 ability, standing, participation, or performance 

5 of the college athlete. 

6 (16) INSTITUTION OF HIGHER EDUCATION.— 

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

8 meaning given the term in section 101 of the Higher 

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

10 (17) INTERCOLLEGIATE ATHLETIC ASSOCIA11 TION.—The term ‘‘intercollegiate athletic associa12 tion’’ means any association, conference, or other 

13 group or organization, including the National Colle14 giate Athletic Association, that— 

15 (A) exercises authority over intercollegiate 

16 athletics; and 

17 (B) is engaged in commerce or in any in18 dustry or activity affecting commerce. 

19 (18) LIKENESS.—The term ‘‘likeness’’ means— 

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

21 sport for which the college athlete has a jersey 

22 number, the jersey number associated with the 

23 college athlete and the sport in which the col24 lege athlete participates at a particular institu25 tion of higher education during the period of 


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1 the participation of the college athlete in the 

2 sport at the institution of higher education, if 

3 the jersey number is accompanied by— 

4 (i) a logo or color scheme that is 

5 clearly associated with the institution of 

6 higher education; or 

7 (ii) some other means by which the 

8 jersey number is clearly associated with 

9 the particular college athlete; and 

10 (B) with respect to any college athlete, the 

11 uniquely identifiable voice, physical characteris12 tics, catch phrase, or nickname of the college 

13 athlete, and any other trademark that identifies 

14 or distinguishes the college athlete, as such 

15 voice, catch phrase, nickname, and trademark 

16 relate to the intercollegiate athletic ability, 

17 standing, participation, or performance of the 

18 college athlete. 

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

20 a college athlete, means the first name and last or 

21 family name that identifies the college athlete, a 

22 nickname or a preferred name of the college athlete, 

23 and a name that the college athlete uses to identify 

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1 late to the intercollegiate athletic ability, standing, 

2 participation, or performance of the college athlete. 

3 (20) PROSPECTIVE COLLEGE ATHLETE.—The 

4 term ‘‘prospective college athlete’’ means an indi5 vidual— 

6 (A) who has remaining intercollegiate ath7 letics eligibility; 

8 (B) with whom an athletic program has 

9 communicated with respect to intercollegiate 

10 sports participation; and 

11 (C) who has not signed an agreement to 

12 join such athletic program. 

13 (21) THIRD PARTY.—The term ‘‘third party’’ 

14 means an individual or entity other than an institu15 tion of higher education, a conference, or an inter16 collegiate athletic association. 

17 (22) TITLE IX.—The term ‘‘Title IX’’ means 

18 title IX of the Education Amendments of 1972 (20 

19 U.S.C. 1681 et seq.). 

20 SEC. 3. COLLEGE ATHLETE RIGHTS AND PROTECTIONS. 

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

22 ATHLETIC REPUTATION.— 

23 (1) IN GENERAL.—Subject to a limitation pur24 suant to paragraph (3), an institution of higher edu25 cation, an intercollegiate athletic association, or a 


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1 conference may not restrict the ability of college ath2 letes, individually or as a group, to market the use 

3 of their names, images, likenesses, or athletic rep4 utations. 

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

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

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

8 to sell or promote any product, including college ath9 lete biometric information, unless the person obtains 

10 a license from the group for that purpose. 

11 (3) CERTAIN LIMITATIONS PERMITTED WITH

12 RESPECT TO PARTICULAR INDUSTRIES.— 

13 (A) STATES.—Notwithstanding paragraph 

14 (1), a State may prohibit college athletes resid15 ing in the State from entering into endorsement 

16 contracts with entities in a particular industry 

17 if the State also prohibits institutions of higher 

18 education located in the State from entering 

19 into agreements with such entities. 

20 (B) INSTITUTIONS OF HIGHER EDU21 CATION.— 

22 (i) IN GENERAL.—Notwithstanding 

23 paragraph (1), an institution of higher 

24 education may prohibit enrolled college 

25 athletes from entering into endorsement 


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1 contracts with a third party in a particular 

2 industry if— 

3 (I) the endorsement contract 

4 would violate the student code of con5 duct of the institution; and 

6 (II) the institution refrains from 

7 entering into agreements with all enti8 ties in the particular industry. 

9 (ii) STUDENT CODES OF CONDUCT.— 

10 The student code of conduct of an institu11 tion of higher education may not interfere 

12 with or void the rights of college athletes 

13 under State or Federal law. 

14 (C) NOTIFICATION OF ENROLLED COL15 LEGE ATHLETES.—An institution of higher 

16 education shall provide to each enrolled college 

17 athlete and to the Commission a list of entities 

18 with which institutions of higher education and 

19 college athletes are prohibited from entering 

20 into endorsement contracts pursuant to sub21 paragraph (A) or (B). 

22 (4) INSTITUTION OF HIGHER EDUCATION

23 AGREEMENTS WITH THIRD PARTIES.—In conjunc24 tion with an endorsement contract of a college ath25 lete, an institution of higher education may enter 


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1 into a separate agreement with the third party con2 cerned for the intellectual property rights or the 

3 name, image, likeness, or athletic reputation rights 

4 of the institution of higher education, including the 

5 use of the logos and team uniforms of the institution 

6 of higher education, if— 

7 (A) the third party provides covered com8 pensation directly to the college athlete; and 

9 (B) the agreement between the institution 

10 of higher education and the third party is not 

11 initiated or coordinated by the institution of 

12 higher education. 

13 (5) INSTITUTION-SPONSORED COMPETITION

14 AND PRACTICES.— 

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

16 subparagraph (B), an institution of higher edu17 cation may require an enrolled college athlete to 

18 use, during a competition or practice sponsored 

19 by the institution of higher education, apparel 

20 selected by the institution of higher education. 

21 (B) EXCEPTIONS.— 

22 (i) ACTIVITIES OTHER THAN MANDA23 TORY TEAM ACTIVITIES.—An institution of 

24 higher education may not prohibit, and 

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1 hibits, an enrolled college athlete from car2 rying out activities pursuant to an endorse3 ment contract during a period in which the 

4 enrolled college athlete is not engaged in a 

5 mandatory team activity. 

6 (ii) FOOTWEAR.—An institution of 

7 higher education may not prohibit or dis8 courage an enrolled college athlete from 

9 wearing, during mandatory team activities, 

10 footwear of his or her choice that is con11 sistent with the rules of the applicable 

12 sport, unless the footwear has lights, re13 flective fabric, or poses a health risk to the 

14 enrolled college athlete. 

15 (6) TREATMENT OF COVERED COMPENSA16 TION.—Covered compensation— 

17 (A) shall not be considered financial aid by 

18 any institution of higher education, intercolle19 giate athletic association, conference, or third 

20 party; and 

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

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

23 1087vv(j)), shall not be included as financial as24 sistance for purposes of determining a student’s 

25 eligibility for financial assistance under title IV 


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1 of the Higher Education Act of 1965 (20 

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

3 (7) PRIVACY.— 

4 (A) IN GENERAL.—Endorsement contracts 

5 and other financial information provided by an 

6 enrolled college athlete to an institution of high7 er education shall not be subject to Federal or 

8 State open records laws. 

9 (B) PROHIBITION ON COMPELLED DISCLO10 SURE.—An intercollegiate athletic association 

11 or a conference may not require or compel a 

12 college athlete to disclose information about an 

13 endorsement contract or covered compensation 

14 related to the use of the college athlete’s name, 

15 image, or likeness. 

16 (C) CONFIDENTIALITY.—An institution of 

17 higher education may require a college athlete 

18 to disclose information about an endorsement 

19 contract or covered compensation, but must 

20 keep the terms and nature of the contract con21 fidential. 

22 (b) RIGHT TO COMPENSATION FOR EXPENSES.— 

23 (1) IN GENERAL.—An institution of higher edu24 cation, an intercollegiate athletic association, or a 

25 conference may not restrict the ability of an enrolled 


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1 college athlete to receive payment from any source 

2 for— 

3 (A) transportation for the enrolled college 

4 athlete and friends or family members of the 

5 enrolled college athlete during any period in 

6 which the enrolled college athlete is addressing 

7 a physical or mental health concern or partici8 pating in intercollegiate 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 or covered by a grant-in-aid. 

15 (2) GRANT-IN-AID GUARANTEES.— 

16 (A) Receipt of covered compensation shall 

17 not adversely affect— 

18 (i) an enrolled college athlete’s eligi19 bility or opportunity to apply for a grant20 in-aid; or 

21 (ii) the amount, duration, or renewal 

22 of an enrolled college athlete’s grant-in-aid. 

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

25 reduce an enrolled college athlete’s grant-in-aid 


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1 based on the enrolled college athlete having en2 tered into an endorsement 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 representation with respect to an 

8 endorsement contract or employment outside the in9 stitution of higher education in which the college 

10 athlete is enrolled, including— 

11 (A) representation provided by agents, 

12 group licensing entities, and financial advisors; 

13 and 

14 (B) legal representation by attorneys. 

15 (2) PREVENTING CONFLICTS OF INTEREST.— 

16 An institution of higher education, an intercollegiate 

17 athletic association, a conference, or an entity that 

18 has represented or has had a direct business part19 nership with an institution of higher education, an 

20 intercollegiate athletic association, or a conference, 

21 may not— 

22 (A) represent college athletes with respect 

23 to the use of their names, images, likenesses, or 

24 athletic reputations; 


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1 (B) host or provide a platform or service 

2 related to the marketing or branding of a col3 lege athlete’s name, image, likeness, or athletic 

4 reputation; 

5 (C) regulate the representation of college 

6 athletes with respect to the use of their names, 

7 images, likenesses, or athletic reputations; 

8 (D) engage in the certification of individ9 uals for such representation; or 

10 (E) attempt to influence, or base co-brand11 ing decisions on, a college athlete’s choice of 

12 representation. 

13 (d) RIGHT TO TRANSFER.— 

14 (1) IN GENERAL.—An enrolled college athlete 

15 shall be entitled to transfer from one institution of 

16 higher education to another notwithstanding any 

17 contract to which an enrolled college athlete is a 

18 party or national letter of intent signed by the en19 rolled college athlete. 

20 (2) LIMITATION ON TRANSFER PENALTIES.— 

21 Institutions of higher education, intercollegiate ath22 letic associations, and conferences shall allow an en23 rolled college athlete to transfer from one institution 

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1 in-aid opportunities or eligibility for intercollegiate 

2 athletics if— 

3 (A) the college athlete is subject to an abu4 sive or negligent environment within the institu5 tion of higher education; or 

6 (B)(i) it is the first time the enrolled col7 lege athlete transfers or there is a head coach8 ing change in the enrolled college athlete’s 

9 sport; 

10 (ii) not less than 7 days before transfer11 ring, the enrolled college athlete provides to his 

12 or her athletic director notice of intent to trans13 fer; and 

14 (iii) the transfer does not occur during— 

15 (I) the season or the post-season pe16 riod of the sport of the enrolled college 

17 athlete; or 

18 (II) the 45-day period preceding the 

19 date on which such season commences. 

20 (3) GRANT-IN-AID PROTECTION.—An institution 

21 of higher education may not eliminate or reduce the 

22 grant-in-aid of a college athlete who submits a writ23 ten notice of intent to transfer or registers in a 

24 transfer portal, but rescinds the notice of intent to 


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1 transfer or exits the transfer portal, as applicable, 

2 on a date that is— 

3 (A) not later than 45 days after having ini4 tially registered for the transfer portal; and 

5 (B) not less than 100 days before the be6 ginning of the season of the sport of the college 

7 athlete. 

8 (4) INDUCEMENTS TO TRANSFER PROHIB9 ITED.— 

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

11 education, an intercollegiate athletic association, 

12 a conference, or a business partner of an insti13 tution of higher education, an intercollegiate 

14 athletic association, or a conference may not 

15 offer or provide to an enrolled college athlete 

16 any compensation or benefit (other than grant17 in-aid) that is— 

18 (i) conditioned on the enrolled college 

19 athlete transferring to a particular institu20 tion of higher education; or 

21 (ii) intended to induce the enrolled 

22 college athlete to transfer to a particular 

23 institution of higher education. 

24 (B) CAMPUS TOURS.—Notwithstanding 

25 subparagraph (A), an institution of higher eduVerDate Sep 11 2014 17:28 Aug 09, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4724.IS S4724

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1 cation, an intercollegiate athletic association, or 

2 a conference may provide an enrolled college 

3 athlete with reimbursement for expenses relat4 ing to campus tours or visits. 

5 (e) RIGHT TO ENTER PROFESSIONAL SPORTS

6 DRAFTS.— 

7 (1) IN GENERAL.—An institution of higher edu8 cation, an intercollegiate athletic association, or a 

9 conference may not prevent the participation of an 

10 enrolled college athlete in intercollegiate athletics 

11 based on the enrolled college athlete having entered 

12 into a professional sports draft, if the enrolled col13 lege athlete— 

14 (A) does not receive compensation, directly 

15 or indirectly, from a professional sports league; 

16 and 

17 (B) not later than 7 days after the comple18 tion of the draft or tryout, notifies his or her 

19 athletic director of his or her intent to forgo 

20 participation in the professional league. 

21 (2) PROHIBITION ON OBLIGATIONS AND PEN22 ALTIES.—A professional sports league may not place 

23 any obligation on, or penalize, a college athlete for 

24 entering its draft but choosing instead to participate 


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1 in intercollegiate athletics before entering into a con2 tract with a professional team or club. 

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 an enrolled college athlete 

9 in intercollegiate athletics competition based on the en10 rolled college athlete 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 enrolled college athletes restric20 tions on speech that are more stringent than restric21 tions on speech imposed on other students enrolled 

22 in the institution of higher education; 

23 (3) except as otherwise provided in this Act, 

24 levy against an enrolled college athlete any fine or 

25 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 opportunities related 

6 to a college athlete’s use or profit from his or her 

7 name, image, likeness, or athletic reputation; 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. RIGHT TO TITLE IX EQUITY. 

14 (a) INSTITUTIONS OF HIGHER EDUCATION.—Each 

15 institution of higher education shall— 

16 (1) not later than July 1 each year— 

17 (A) complete an evaluation, using all rel18 evant measures, of the compliance of the insti19 tution of higher education with Title IX in ath20 letics; and 

21 (B) publish such evaluation on a publicly 

22 accessible internet website of the institution of 

23 higher education; 

24 (2) publish on a publicly accessible internet 

25 website of the institution of higher education the 


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1 name and contact information of the institution’s 

2 Title IX coordinator; and 

3 (3) inform college athletes enrolled at the insti4 tution of higher education to whom an inquiry or a 

5 complaint relating to Title IX in athletics may be 

6 addressed. 

7 (b) INTERCOLLEGIATE ATHLETIC ASSOCIATIONS AND

8 CONFERENCES.—An intercollegiate athletic association or 

9 a conference shall not discriminate on the basis of sex with 

10 regard to the provision, to college athletes in comparable 

11 sports, of health and safety, medical care, rest, room and 

12 board, nutrition, athletic facilities, athletic participation, 

13 transportation, and event promotions. 

14 (c) ENFORCEMENT.—An intercollegiate athletics as15 sociation shall— 

16 (1) permanently ban an individual from inter17 collegiate athletics if the individual knowingly pro18 vides misleading information or causes omissions for 

19 the purpose of affecting a Title IX evaluation re20 ferred to in this section; and 

21 (2) provide college athletes the means to keep 

22 their identity confidential when making a Title IX in 

23 athletics inquiry or complaint to the intercollegiate 

24 athletics association. 


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1 SEC. 5. MEDICAL EXPENSES FOR SPORTS-RELATED INJU2 RIES AND HEALTH CARE SERVICES FOR COL3 LEGE ATHLETES. 

4 (a) COVERAGE AND EXPENSES.— 

5 (1) INSTITUTIONS OF HIGHER EDUCATION RE6 PORTING $20,000,000 OR MORE IN ATHLETICS REV7 ENUE.—Each institution of higher education report8 ing $20,000,000 or more in total athletics revenue 

9 to the Department of Education during the pre10 ceding academic year shall be financially responsible 

11 for the out-of-pocket sports-related medical expenses 

12 of each college athlete of the institution, including 

13 expenses related to communicable illnesses acquired 

14 by a former college athlete during their intercolle15 giate athletics eligibility, during the 2-year period 

16 beginning on the date of the former college athlete’s 

17 last team athletic activity. 

18 (2) INSTITUTIONS OF HIGHER EDUCATION RE19 PORTING $50,000,000 OR MORE IN ATHLETICS REV20 ENUE.—Each institution of higher education report21 ing $50,000,000 or more in total athletics revenue 

22 to the Department of Education during the pre23 ceding academic year shall— 

24 (A) offer nationally portable primary med25 ical insurance to each enrolled college athlete, 

26 paid for by the institution; and 


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1 (B) be financially responsible for the out2 of-pocket sports-related medical expenses of 

3 each college athlete of the institution, including 

4 expenses related to communicable illnesses ac5 quired by a former college athlete during their 

6 intercollegiate athletics eligibility, during the 4- 

7 year period beginning on the date on which the 

8 former college athlete ceased to be an enrolled 

9 college athlete. 

10 (3) PAYMENT OF OUT-OF-NETWORK EX11 PENSES.—If a college athlete of an institution of 

12 higher education that is responsible for the college 

13 athlete’s medical expenses chooses to receive medical 

14 care independent from the institution of higher edu15 cation’s network, the institution of higher education 

16 shall pay the amount that is the lesser of— 

17 (A) the out-of-pocket expenses for such 

18 medical care; or 

19 (B) the amount the institution would have 

20 paid if the college athlete had received the med21 ical care within the institution of higher edu22 cation’s network. 

23 (4) SECOND OPINIONS.—An institution of high24 er education— 


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1 (A) shall pay for a college athlete to obtain 

2 an independent second opinion with respect to 

3 a sports-related medical condition; and 

4 (B) shall not impede a college athlete’s 

5 right to obtain such second medical opinion. 

6 (b) MEDICAL TRUST FUND.— 

7 (1) ESTABLISHMENT.—The Commission shall 

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

9 (A)(i) for enrolled college athletes, the out10 of-pocket expenses relating to any athletic pro11 gram-related injury or illness not covered by an 

12 institution of higher education; and 

13 (ii) during the 4-year period beginning on 

14 the date on which an individual ceases to be an 

15 enrolled college athlete, the out-of-pocket ex16 penses relating to any athletic program-related 

17 injury or illness suffered by such individual 

18 while the individual was an enrolled college ath19 lete; 

20 (B) medical expenses for college athletes 

21 diagnosed with athletic program-related condi22 tions, including chronic traumatic 

23 encephalopathy or other cognitive impairment; 

24 and 


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1 (C) independent medical second opinions 

2 for enrolled college athletes. 

3 (2) CONTRIBUTIONS.— 

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

5 each year, each athletic association and con6 ference that generates over $200,000,000 in an7 nual athletics revenue shall make contributions 

8 to the Fund in an amount determined by the 

9 Commission that totals, in the aggregate, not 

10 more than $50,000,000 to help cover the costs 

11 of medical treatment described in paragraph (1) 

12 for the applicable academic year. 

13 (B) CONSIDERATION.—In determining 

14 amounts to be contributed by athletic associa15 tions and conferences under subparagraph (A), 

16 the Commission shall take into account their re17 spective athletics revenues. 

18 (C) PENALTY FOR NONCOMPLIANCE.— 

19 (i) IN GENERAL.—An institution of 

20 higher education that fails to make a time21 ly contribution required by subparagraph 

22 (A) shall— 

23 (I) make the delinquent contribu24 tion retroactively; and 

25 (II) be assessed— 


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1 (aa) interest on such con2 tribution at a rate of 10 percent 

3 annually; and 

4 (bb) a civil penalty that is 

5 the greater of— 

6 (AA) for each academic 

7 year concerned, the amount 

8 equal to 20 percent of the 

9 total athletics revenue gen10 erated by the institution of 

11 higher education; or 

12 (BB) $200,000. 

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

14 delinquent contribution, the Commission 

15 may waive the applicability of clause (i) on 

16 request by the institution of higher edu17 cation concerned if the institution of high18 er education makes the delinquent pay19 ment not later than August 14 of the year 

20 in which the payment was due. 

21 (c) PHYSICAL EXAMINATIONS.— 

22 (1) IN GENERAL.—Not later than 3 days after 

23 the date on which the regular season of the sport of 

24 a college athlete ends during the college athlete’s 

25 final year of intercollegiate athletics eligibility (or in 


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1 the case of a transfer, not later than 3 days after 

2 receiving a college athlete’s notice of intent to trans3 fer), an institution of higher education shall provide 

4 the college athlete notice of, and an opportunity to 

5 undergo, a physical examination within or inde6 pendent of the institution of higher education’s net7 work for the purpose of diagnosing any athletic pro8 gram-related injury or condition. 

9 (2) FORMER COLLEGE ATHLETES.—A former 

10 college athletes shall be allowed not less than 60 

11 days to complete a physical examination under para12 graph (1). 

13 (d) SECOND OPINIONS.—An enrolled college athlete 

14 shall have the right to obtain a medical second opinion 

15 independent from the medical opinion given by the institu16 tion of higher education of the enrolled college athlete. 

17 (e) INDEPENDENCE OF TRAINERS, LICENSED MEN18 TAL HEALTH PROFESSIONALS, MEDICAL PERSONNEL, 

19 AND VOLUNTEERS.— 

20 (1) IN GENERAL.—Any sports trainer, licensed 

21 mental health professional, or medical personnel em22 ployed by an institution of higher education shall— 

23 (A) be employed by an office or depart24 ment of the institution of higher education that 

25 is independent of the athletic department; and 


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1 (B) operate independently from the ath2 letic department. 

3 (2) VOLUNTEERS.—Any sports trainer, licensed 

4 mental health professional, or medical personnel who 

5 volunteers to provide athletic training or mental 

6 health or medical services for college athletes for an 

7 institution of higher education shall operate inde8 pendently from the athletic department. 

9 SEC. 6. HEALTH, WELLNESS, AND SAFETY STANDARDS. 

10 (a) ESTABLISHMENT OF STANDARDS.— 

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

12 after the date of the enactment of this Act, the Sec13 retary of Health and Human Services (referred to in 

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

15 the Director of the Centers for Disease Control and 

16 Prevention, and in consultation with the Assistant 

17 Secretary of Labor for Occupational Safety and 

18 Health, shall establish health, wellness, and safety 

19 standards for intercollegiate athletic programs. 

20 (2) CONSULTATION AND CONSIDERATIONS.—In 

21 developing the standards under paragraph (1), the 

22 Secretary shall— 

23 (A) consult with— 


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1 (i) the Sports Science Institute of the 

2 National Collegiate Athletic Association; 

3 and 

4 (ii) college athlete health and safety 

5 advocacy communities; and 

6 (B) consider existing guidelines of relevant 

7 nonprofit entities, such as the National Colle8 giate Athletic Association, conferences, profes9 sional sports leagues, the National Athletic 

10 Trainers Association, and college athlete advo11 cacy communities. 

12 (3) CONTENT.—The standards established 

13 under paragraph (1) shall address— 

14 (A) cardiac health; 

15 (B) concussion and traumatic brain inju16 ries; 

17 (C) illegal performance enhancers and sub18 stance abuse; 

19 (D) mental health; 

20 (E) nutrition, sleep, and performance; 

21 (F) overuse injuries, periodization, and 

22 heat-related illnesses; 

23 (G) sexual assault and interpersonal vio24 lence; 

25 (H) athletics health care administration; 


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1 (I) weight and pain management; 

2 (J) Rhabdomyolysis; 

3 (K) sickle cell trait; 

4 (L) asthma; 

5 (M) best practices to prevent serious harm 

6 in sports medicine, physical therapy, athletic 

7 training, and athletic strength and conditioning; 

8 (N) coaching principles prioritizing college 

9 athlete well-being; and 

10 (O) any other topic the Secretary considers 

11 appropriate. 

12 (b) TRAINERS AND MEDICAL PERSONNEL.—Athletic 

13 trainers and physicians shall have the autonomous, un14 challengeable authority to determine medical management 

15 and return-to-play decisions with respect to college ath16 letes, and a coach or other nonmedical personnel of an 

17 institution of higher education may not attempt to influ18 ence or disregard such decisions. 

19 (c) ROUTINE COMPLIANCE AUDITS.—Not less fre20 quently than annually, the Commission shall conduct an 

21 audit of athletic departments to verify compliance with the 

22 standards established under subsection (a)(1). 

23 (d) PENALTIES.— 


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1 (1) INDIVIDUALS.—An individual shall be sub2 ject to a lifetime ban on involvement in intercolle3 giate athletics if the individual is found to have— 

4 (A) caused serious harm— 

5 (i) due to noncompliance with a 

6 standard established under subsection 

7 (a)(1); or 

8 (ii) by failing to adequately address 

9 such noncompliance; 

10 (B) threatened or retaliated against any 

11 individual or entity that reports such non12 compliance; 

13 (C) knowingly provided false information; 

14 or 

15 (D) attempted to obstruct an investigation 

16 by the Commission related to a possible viola17 tion of such a standard. 

18 (2) INSTITUTIONS OF HIGHER EDUCATION.—An 

19 institution of higher education found to be in non20 compliance with a standard established under sub21 section (a)(1) shall be responsible for medical and 

22 academic expenses related to the resulting harm of 

23 a college athlete and any other penalty or remedy, 

24 as determined by the Commission. 


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1 SEC. 7. COLLEGE ATHLETES’ RIGHT TO EDUCATIONAL OUT2 COMES. 

3 (a) GUARANTEE OF GRANT-IN-AID.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (3), an institution of higher education that 

6 provides an enrolled college athlete with grant-in-aid 

7 for an academic year shall provide the individual 

8 with grant-in-aid described in paragraph (2) for 

9 each subsequent academic year in which the indi10 vidual is enrolled at the institution— 

11 (A) until the individual receives an under12 graduate degree from such institution; and 

13 (B) regardless of athletic performance or 

14 permanent injury. 

15 (2) AMOUNT.—Grant-in-aid awarded to an indi16 vidual for a subsequent year in accordance with 

17 paragraph (1) shall be in an amount equal to the 

18 grant-in-aid provided to the individual for the pre19 ceding year, increased annually for inflation, at a 

20 rate reported by the Bureau of Labor Statistics for 

21 the preceding year. 

22 (3) EXCEPTIONS.—Paragraph (1) shall not 

23 apply with respect to an individual who— 

24 (A) is found by the institution of higher 

25 education to have committed academic fraud or 


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1 other misconduct that would ordinarily result in 

2 expulsion; or 

3 (B) earns a grade point average of less 

4 than 2.20 on a 4-point scale, or the equivalent, 

5 for 2 or more consecutive semesters. 

6 (b) REQUIREMENTS FOR ACADEMIC ADVISING AND

7 TUTORING.—Any academic advisor or tutoring services 

8 provided to an enrolled college athlete by an institution 

9 of higher education shall be independent from the athletic 

10 department of the institution of higher education. 

11 (c) NO INFLUENCE OR RETALIATION FOR

12 COURSEWORK.—An individual employed by or volun13 teering for an athletic department of an institution of 

14 higher education may not— 

15 (1) attempt to discourage an enrolled college 

16 athlete from selecting a course or an academic major 

17 of their choice; or 

18 (2) retaliate against an enrolled college athlete 

19 based on— 

20 (A) the enrolled college athlete’s selection 

21 of any course or academic major; or 

22 (B) the enrolled college athlete’s attention 

23 to coursework required by such course or major. 

24 (d) NO INTERFERENCE IN EXTRACURRICULARS.— 

25 An individual employed by an athletic department of an 


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1 institution of higher education shall not interfere with, or 

2 discourage, any enrolled college athlete who wishes to se3 cure employment or internships, participate in student 

4 groups or events, or serve as a volunteer, as long as such 

5 activities do not interfere with mandatory class time, ex6 amination periods, or mandatory team activities. 

7 SEC. 8. COLLEGE ATHLETES’ RIGHT TO TRANSPARENCY. 

8 (a) IN GENERAL.—Prospective college athletes, in9 cluding enrolled college athletes seeking a transfer to an 

10 institution of higher education, shall have the right to 

11 transparency in agreements that grant an institution of 

12 higher education control over the intercollegiate athletics 

13 eligibility of enrolled college athletes. 

14 (b) DISCLOSURES.— 

15 (1) IN GENERAL.—Such an agreement shall in16 clude the following disclosures, which shall be legally 

17 binding: 

18 (A) The amount of institution of higher 

19 education athletics grant-in-aid and stipend of20 fered to the prospective college athlete, relative 

21 to the most recent cost of attendance, for each 

22 academic school year and each summer session. 

23 (B) The amount and duration of institu24 tion of higher education athletics grant-in-aid 

25 that will be provided to assist the prospective 


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1 college athlete with graduate degree completion 

2 following the expiration of their intercollegiate 

3 athletics eligibility. 

4 (C) The percentage of comprehensive med5 ical coverage required, including any required 

6 coverage to participate in intercollegiate ath7 letics or to enroll as a student, that will be paid 

8 for by the institution of higher education during 

9 the enrolled college athlete’s intercollegiate ath10 letics eligibility. 

11 (D) The percentage of any out-of-pocket 

12 sports-related medical expenses, including 

13 deductibles, copays, and coinsurance, that will 

14 be paid by the institution of higher education 

15 during the prospective college athlete’s inter16 collegiate athletics eligibility, and any duration 

17 that such expenses will be covered after the pro18 spective college athlete’s intercollegiate athletics 

19 eligibility expires. The difference between any 

20 in-network and out-of-network expenses shall be 

21 stated. 

22 (E) Whether the institution of higher edu23 cation will pay for a disability insurance policy 

24 to cover future loss of earnings and any limit 

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1 sible benefits based on similarly situated college 

2 athletes. 

3 (F) Notice that a college athlete has the 

4 opportunity to transfer and be released from a 

5 national letter of intent as outlined in this Act. 

6 (2) STRUCTURE.—The disclosures required by 

7 paragraph (1) shall be listed— 

8 (A) in the order in which the disclosures 

9 are described in that paragraph; and 

10 (B) beginning on the first page of such 

11 agreement. 

12 (3) RULE OF CONSTRUCTION.—Nothing in this 

13 subsection may be construed to require an institu14 tion of higher education to provide a benefit de15 scribed in any of subparagraphs (A) through (F) of 

16 paragraph (1) unless otherwise required by this Act. 

17 SEC. 9. FINANCIAL LITERACY AND LIFE SKILLS DEVELOP18 MENT PROGRAM. 

19 (a) IN GENERAL.—Each institution of higher edu20 cation shall— 

21 (1) offer a financial literacy and life skills devel22 opment program described in subsection (b); and 

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1 lete’s first year of participation in intercollegiate 

2 athletics. 

3 (b) FINANCIAL LITERACY AND LIFE SKILLS DEVEL4 OPMENT PROGRAM.— 

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

6 life skills development program offered under sub7 section (a) shall— 

8 (A) be not less than 15 hours in total du9 ration across sessions; 

10 (B) be eligible for postsecondary credit, 

11 consistent with the credit allocation guidelines 

12 of the institution of higher education; and 

13 (C) include, at a minimum, information re14 garding— 

15 (i) the rights of college athletes under 

16 this Act; and 

17 (ii) time management skills, personal 

18 budgeting, debt, credit, and interest rates. 

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

20 skills development program offered under subsection 

21 (a) may not include any marketing, advertising, re22 ferral, or solicitation by providers of financial prod23 ucts or services. 


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1 SEC. 10. REPORTING AND ACCOUNTABILITY. 

2 (a) ANNUAL REPORTING BY INSTITUTIONS OF HIGH3 ER EDUCATION.—Not later than 60 days after the date 

4 on which an academic year ends, each institution of higher 

5 education with 1 or more athletic programs shall publish 

6 on a publicly accessible internet website of the institution 

7 and submit to the Commission a report that includes, for 

8 the academic year, the following: 

9 (1) The revenues and expenditures of each ath10 letic program, including donations, Federal funds, 

11 State funds, and compensation for athletic program 

12 personnel, individually and in the aggregate. 

13 (2) The average number of hours enrolled col14 lege athletes participating in an intercollegiate sport 

15 spent on athletic activities and team travel, including 

16 mandatory team activities and voluntary team activi17 ties, disaggregated by athletic program. 

18 (3) The academic outcomes and majors for en19 rolled college athletes reported by the Commission, 

20 disaggregated by athletic program, current or former 

21 participation in an intercollegiate sport, race and 

22 ethnicity, and gender. 

23 (b) COMMISSION DATABASE.—The Commission shall 

24 maintain a publicly accessible, searchable database that 

25 contains the information provided in each annual report 

26 submitted under subsection (a). 


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1 SEC. 11. COMMISSION ON COLLEGE ATHLETICS. 

2 (a) ESTABLISHMENT.—There is established a com3 mission, to be known as the ‘‘Commission on College Ath4 letics’’, for the following purposes: 

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

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

7 (2) To protect the academic, health, and eco8 nomic interests of college athletes. 

9 (3) To ensure that college athlete agents faith10 fully represent the interests of college athletes. 

11 (4) To enforce this Act and the standards es12 tablished under subsection (d)(1) in a manner ade13 quate to deter violations, and to set penalties for vio14 lations. 

15 (5) To protect and promote the health, 

16 wellness, and safety of college athletes. 

17 (b) ORGANIZATION.— 

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

19 federally chartered corporation, governed by a board 

20 of directors, and entrusted with the constitutional 

21 duty to take care that the laws be faithfully exe22 cuted. 

23 (2) PERPETUAL EXISTENCE.—Except as other24 wise provided in subsection (n), the Commission has 

25 perpetual existence. 


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1 (3) STATUS.—The Commission is not an agen2 cy (as defined in section 551 of title 5, United 

3 States Code). 

4 (4) CONSTITUTION AND BYLAWS.—The Com5 mission shall adopt a constitution and bylaws that 

6 reflect the rights and protections set forth in this 

7 Act. 

8 (c) BOARD OF DIRECTORS.— 

9 (1) COMPOSITION.— 

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

11 of the Commission (referred to in this section 

12 as the ‘‘Board’’) shall be comprised of 9 mem13 bers, who, subject to subparagraphs (B) 

14 through (E), shall be appointed by the Presi15 dent, by and with the advice and consent of the 

16 Senate. 

17 (B) DIVERSITY.—The appointment of 

18 members of the Board shall be coordinated to 

19 ensure diversity among such members. 

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

21 members of the Board may be appointed from 

22 the same political party. 

23 (D) REQUIREMENTS.— 

24 (i) IN GENERAL.—Each member ap25 pointed under subparagraph (A) shall have 


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1 achieved distinction in his or her respective 

2 professional field. 

3 (ii) REPRESENTATION.—The members 

4 of the Board shall be representatives of 

5 former college athletes, professional fields, 

6 and members of the public as follows: 

7 (I) Not fewer than 5 members 

8 filling the designated categories de9 scribed in subclauses (II) through 

10 (IX) shall be former college athletes 

11 who have graduated from an institu12 tion of higher education. 

13 (II) 1 member shall have exper14 tise in sports, contracts, and publicity 

15 rights law. 

16 (III) 1 member shall have exper17 tise in constitutional law with respect 

18 to the freedom of speech. 

19 (IV) 1 member shall have exper20 tise in communications. 

21 (V) 1 member shall be a certified 

22 public accountant with expertise in 

23 corporate financial audits and cor24 porate compliance investigations. 


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1 (VI) 1 member shall have exper2 tise in arbitration. 

3 (VII) 1 member shall have exper4 tise in sports economics. 

5 (VIII) 1 member shall have ex6 pertise in civil rights law and compli7 ance with Title IX. 

8 (IX) 2 members shall have exper9 tise in health, wellness, and safety in 

10 sports. 

11 (E) INDEPENDENCE.— 

12 (i) IN GENERAL.—An individual who 

13 is employed by an institution of higher 

14 education, serves on the governing body of 

15 an institution of higher education, or re16 ceives compensation from an athletic pro17 gram of an institution of higher education, 

18 an intercollegiate athletic association, or a 

19 conference, including a commissioner or an 

20 administrator of such an athletic program, 

21 an intercollegiate athletic association, or a 

22 conference, may not serve as a member of 

23 the Board. 

24 (ii) FORMER COMMISSIONERS AND AD25 MINISTRATORS.—A former commissioner 


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1 or administrator of an athletic program of 

2 an institution of higher education, an 

3 intercollegiate athletic association, or a 

4 conference shall not be eligible to serve on 

5 the Board. 

6 (2) TERMS; VACANCIES.— 

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

8 be appointed for a term of 5 years, except 

9 that— 

10 (i) the Chair shall be appointed for a 

11 term of 2 years; and 

12 (ii) of the other members first ap13 pointed— 

14 (I) 4 members shall be appointed 

15 for a term of 5 years; 

16 (II) 3 members shall be ap17 pointed for a term of 4 years; and 

18 (III) 2 members shall be ap19 pointed for a term of 3 years. 

20 (B) VACANCIES.— 

21 (i) IN GENERAL.—A vacancy on the 

22 Board shall be filled in the manner in 

23 which the original appointment was made 

24 and shall be subject to any condition that 


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1 applied with respect to the original ap2 pointment. 

3 (ii) FILLING UNEXPIRED TERM.—An 

4 individual chosen to fill a vacancy shall be 

5 appointed for the unexpired term of the 

6 member replaced. 

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

8 any member shall not expire before the date on 

9 which the member’s successor takes office. 

10 (3) CHAIR.— 

11 (A) INITIAL APPOINTMENT.—The first 

12 chair of the Board shall be appointed by the 

13 President. 

14 (B) SUBSEQUENT APPOINTMENTS.—Any 

15 subsequent chair of the Board shall be elected 

16 by a majority of the members of the Board. 

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

18 after the date on which the majority of members 

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

20 Board shall hold an initial meeting. 

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

22 Board shall constitute a quorum. 

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

24 be compensated at a rate not to exceed the highest 

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


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1 level IV of the Executive Schedule under section 

2 5315 of title 5, United States Code. 

3 (d) DUTIES AND AUTHORITY.— 

4 (1) ESTABLISHMENT OF STANDARDS.— 

5 (A) ENDORSEMENT CONTRACTS.—The 

6 Commission shall establish standards with re7 spect to a college athlete’s use of, and ability to 

8 profit from, their name, image, likeness, and 

9 athletic reputation. 

10 (B) CERTIFICATION OF COLLEGE ATHLETE

11 AGENTS.— 

12 (i) IN GENERAL.—The Commission 

13 shall establish standards with respect to— 

14 (I) registration and annual cer15 tification of— 

16 (aa) college athlete agents; 

17 (bb) agencies and entities 

18 that represent college athletes; 

19 (cc) attorneys who represent 

20 college athletes in endorsement 

21 contracts; and 

22 (dd) individuals and entities 

23 that provide financial advising 

24 services to college athletes; 


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1 (II) revocation of such certifi2 cation, including the power to assess 

3 fines and penalties for individuals and 

4 entities that do not comply with Com5 mission standards; and 

6 (III) agency fees charged by col7 lege athlete agents. 

8 (ii) RECOGNITION OF THE COMMIS9 SION AS COLLEGE ATHLETE AGENT CER10 TIFICATION BODY.—Section 3 of the 

11 Sports Agent Responsibility and Trust Act 

12 (15 U.S.C. 7802) is amended by adding at 

13 the end the following: 

14 ‘‘(c) RECOGNITION OF THE COMMISSION ON COL15 LEGE ATHLETICS AS CERTIFICATION BODY.—The Com16 mission on College Athletics established by section 11 of 

17 the College Athletes Bill of Rights shall— 

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

19 athlete agents; and 

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

21 and procedures with respect to the registration, an22 nual certification, and conduct of athlete agents.’’. 

23 (iii) EDUCATIONAL REQUIREMENTS

24 FOR COLLEGE ATHLETE AGENTS.—The 

25 Commission may not establish a standard 


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1 requiring college athlete agents to attain a 

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

3 a graduate degree from an institution of 

4 higher education. 

5 (C) HEALTH, WELLNESS, AND SAFETY.— 

6 The Commission shall establish standards with 

7 respect to the health, wellness, and safety of 

8 college athletes consistent with the standards 

9 established by the Secretary of Health and 

10 Human Services under section 6(a)(1). 

11 (D) PURPOSES OF COMMISSION GOV12 ERNING STANDARDS.—In establishing the 

13 standards under this paragraph, the Commis14 sion shall ensure that such standards effectuate 

15 the purposes of the Commission set forth in 

16 subsection (a). 

17 (2) DEVELOPMENT OF EDUCATIONAL MATE18 RIALS.— 

19 (A) IN GENERAL.—The Commission shall 

20 develop and disseminate educational materials 

21 relating to endorsement contracts for college 

22 athletes, institutions of higher education, inter23 collegiate athletic associations, and conferences. 

24 (B) DISSEMINATION OF INFORMATION.— 

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1 section (c)(1)(D)(ii)(IV) shall be responsible for 

2 disseminating such educational materials. 

3 (3) REPORTING MECHANISM.— 

4 (A) IN GENERAL.—The Commission shall 

5 establish and maintain a dedicated telephone 

6 hotline and an online portal by which college 

7 athletes may report— 

8 (i) instances of improper conduct; and 

9 (ii) noncompliance with the standards 

10 established under section 6(a)(1). 

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

12 after receiving a report from a college athlete 

13 regarding an instance of improper conduct or 

14 noncompliance with such guidelines, the Com15 mission shall— 

16 (i) determine whether an investigation 

17 is warranted; and 

18 (ii) provide to the college athlete noti19 fication of the determination made under 

20 clause (i), together with a justification for 

21 such determination. 

22 (C) PROTECTION FROM RETALIATION.—A 

23 college athlete who makes a report under this 

24 paragraph shall be protected from threats and 

25 retaliation. 


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1 (4) RESOLUTION OF DISPUTES.— 

2 (A) IN GENERAL.—The Commission shall 

3 provide a forum for the swift and equitable res4 olution of conflicts relating to endorsement con5 tracts through a dispute resolution process for 

6 college athletes, institutions of higher education, 

7 intercollegiate athletic associations, and con8 ferences. 

9 (B) PROCEDURE.— 

10 (i) IN GENERAL.—With respect to a 

11 dispute resolution process referred to in 

12 subparagraph (A), the Commission shall— 

13 (I) provide to applicable individ14 uals or entities notice and an oppor15 tunity for a hearing; and 

16 (II) select an arbitrator, who 

17 shall make a decision on resolution of 

18 the dispute. 

19 (ii) APPEAL.—A party to such a dis20 pute resolution process may appeal the de21 cision of the arbitrator to the Commission, 

22 which may— 

23 (I) review the decision; and 

24 (II) issue a final decision. 

25 (5) ASSESSMENT OF FEES.— 


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1 (A) ANNUAL AGENT CERTIFICATION

2 FEES.—The Commission may assess an annual 

3 certification fee for each college athlete agent 

4 certified in accordance with the standards es5 tablished under paragraph (1)(B). 

6 (B) CERTAIN INTERCOLLEGIATE ATHLETIC

7 ASSOCIATIONS AND CONFERENCES.— 

8 (i) IN GENERAL.—Beginning in 2023, 

9 not later than August 1 each year, athletic 

10 associations and conferences that generate 

11 over $200,000,000 in annual revenue shall 

12 pay a fee to the Commission in an amount 

13 determined by the Commission that, sub14 ject to paragraph (2), in the aggregate to15 tals not more than $50,000,000. 

16 (ii) ADJUSTMENTS.—The aggregate 

17 amount described in subparagraph (A) 

18 shall be increased annually for inflation, at 

19 a rate reported by the Bureau of Labor 

20 Statistics for the preceding year. 

21 (iii) REMITTANCE OF FEES.—Inter22 collegiate athletic associations and con23 ferences shall remit such fees to the Com24 mission. 


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1 (C) COLLECTION.—The Commission may 

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

3 accordance with such rules as the Commission 

4 may establish. 

5 (6) TITLE IX MONITORING, INVESTIGATIONS, 

6 AND REPORTING.— 

7 (A) MONITORING.—The Commission shall 

8 monitor and provide publicly available informa9 tion about the compliance with Title IX of ath10 letic programs within an institution of higher 

11 education that is subject to Title IX. 

12 (B) INVESTIGATIONS.—The Commission 

13 may investigate any action by any such athletic 

14 program that would constitute a violation of 

15 Title IX. 

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

17 an investigation, the Commission becomes 

18 aware of a potential violation of Title IX, the 

19 Commission shall submit to the Office for Civil 

20 Rights of the Department of Education all 

21 proper information in the possession of the 

22 Commission relating to the potential violation. 

23 (7) ADMINISTRATION OF MEDICAL TRUST

24 FUND.— 


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1 (A) IN GENERAL.—The Commission shall 

2 administer the Fund as described in section 

3 5(a). 

4 (B) ANNUAL ASSESSMENTS.—Not less fre5 quently than annually, the Commission shall de6 termine— 

7 (i) the necessary funding levels to be 

8 maintained in the Fund to adequately ful9 fill the financial obligations of the Fund; 

10 and 

11 (ii) the amount each institution of 

12 higher education with an athletic depart13 ment shall be required to contribute for 

14 the applicable academic year, in accord15 ance with section 5(a)(2). 

16 (C) MAINTENANCE OF FUNDS.—On an on17 going basis, the Commission shall maintain in 

18 the Fund the level of funding determined nec19 essary under subparagraph (B)(i). 

20 (D) COLLECTION.—Not less frequently 

21 than annually, the Commission shall collect 

22 from institutions of higher education with ath23 letic departments the amount determined under 

24 subparagraph (B)(ii). 


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1 (8) ADDITIONAL DUTIES AND AUTHORITIES.— 

2 The Commission— 

3 (A) shall— 

4 (i) maintain the database as described 

5 in section 10(b); 

6 (ii) issue reports as described in sub7 section (j); 

8 (iii) conduct audits of athletic pro9 grams to ensure compliance with this Act 

10 and standards established under paragraph 

11 (1); 

12 (iv) carry out investigations relating 

13 to violations of this Act or any such stand14 ard; 

15 (v) establish penalties for violations of 

16 this Act, including civil penalty amounts, 

17 and update such penalties on an annual 

18 basis to adjust for inflation; 

19 (vi) establish rules to conduct reviews 

20 of contracts under section 3(a)(2), taking 

21 into considering payment arrangements 

22 that provide royalties to college athletes 

23 whose names, images, likenesses, or ath24 letic reputations are used in such activities; 

25 and 


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1 (vii) carry out enforcement actions as 

2 described in section 12(a); and 

3 (B) may— 

4 (i) establish and maintain offices to 

5 conduct the affairs of the Commission; 

6 (ii) hire staff to carry out the duties 

7 described in this section; 

8 (iii) enter into contracts; 

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

10 and transfer property as necessary to carry 

11 out such duties; 

12 (v) borrow money, issue instruments 

13 of indebtedness, and secure its obligations 

14 by granting security interests in its prop15 erty; 

16 (vi) publish a magazine, newsletter, 

17 and other publications consistent with such 

18 duties; 

19 (vii) subpoena an individual the testi20 mony of whom may be relevant to such du21 ties; and 

22 (viii) carry out any other activity, in23 cluding the issuance of rules, regulations, 

24 and orders, as the Commission considers 

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1 ties or the purposes set forth in subsection 

2 (a). 

3 (e) ADVISORY COUNCILS.— 

4 (1) ATHLETE ADVISORY COUNCIL.— 

5 (A) ESTABLISHMENT.—There is estab6 lished within the Commission an Athlete Advi7 sory Council to provide advice and information 

8 to the Commission. 

9 (B) MEMBERSHIP.—The members of the 

10 Athlete Advisory Council shall be selected by 

11 the Board as follows: 

12 (i) 50 percent shall be enrolled college 

13 athletes participating in an intercollegiate 

14 sport. 

15 (ii) 50 percent shall be former college 

16 athletes who have graduated from institu17 tions of higher education. 

18 (2) OTHER ADVISORY COUNCILS.—There are 

19 established within the Commission, for the purpose 

20 of providing advice and expertise to the Commission 

21 and with inclusion of current college athletes, former 

22 college athletes, and athletic administrators— 

23 (A) a Health, Wellness, and Safety Advi24 sory Council; 


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1 (B) an Educational Opportunity Advisory 

2 Council; 

3 (C) a Labor and Compensation Advisory 

4 Council; and 

5 (D) a Gender Equity Advisory Council. 

6 (3) TERM.—The term of a member of an advi7 sory council established under this subsection shall 

8 be 2 years. 

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

10 date of the enactment of this Act, the Labor and 

11 Compensation Advisory Council shall issue a public 

12 report that describes potential pathways for college 

13 athletes to collectively bargain and form a union. 

14 (f) OMBUDSMAN FOR COLLEGE ATHLETES.— 

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

16 and provide salary, benefits, and administrative ex17 penses for an ombudsman for college athletes (re18 ferred to in this subsection as the ‘‘Ombudsman’’). 

19 (2) DUTIES.—The Ombudsman shall— 

20 (A) provide independent advice to college 

21 athletes at no cost with respect to— 

22 (i) the provisions of this Act; 

23 (ii) the constitution and bylaws of the 

24 Commission; and 


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1 (iii) the resolution of any dispute re2 lating to the opportunity of a college ath3 lete to enter into an endorsement contract; 

4 (B) assist college athletes in the resolution 

5 of any such dispute; and 

6 (C) report to the Board and the Athlete 

7 Advisory Council on a regular basis. 

8 (3) HIRING PROCEDURES; VACANCY; TERMI9 NATION.— 

10 (A) HIRING PROCEDURES.—The procedure 

11 for hiring the Ombudsman shall be as follows: 

12 (i) The Athlete Advisory Council shall 

13 provide the chair of the Board with the 

14 name of 1 qualified individual to serve as 

15 Ombudsman. 

16 (ii) The chair of the Board shall im17 mediately transmit the name of such indi18 vidual to the Board. 

19 (iii) The Board shall hire or not hire 

20 such individual after fully considering the 

21 advice and counsel of the Athlete Advisory 

22 Council. 

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

24 the position of Ombudsman, the nomination 


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1 and hiring procedure set forth in this para2 graph shall be followed in a timely manner. 

3 (C) TERMINATION.—The Commission may 

4 terminate the employment of an individual serv5 ing as Ombudsman only if— 

6 (i) the termination is carried out in 

7 accordance with the applicable policies and 

8 procedures of the Commission; 

9 (ii) the termination is initially rec10 ommended to the Board by— 

11 (I) a majority of the Board; or 

12 (II) a majority of the Athlete Ad13 visory Council; and 

14 (iii) the Board fully considers the ad15 vice and counsel of the Athlete Advisory 

16 Council before deciding whether to termi17 nate the employment of such individual. 

18 (g) RESTRICTIONS.— 

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

20 not engage in business for profit or issue stock. 

21 (2) POLITICAL ACTIVITIES.—The Commission 

22 shall be nonpolitical and may not promote the can23 didacy of any individual seeking public office. 

24 (h) HEADQUARTERS, PRINCIPAL OFFICE, AND

25 MEETINGS.—The Commission shall maintain its principal 


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1 office and national headquarters in a location in the 

2 United States decided by the Commission. The Commis3 sion may hold its annual and special meetings in the 

4 places decided by the Commission. 

5 (i) SERVICE OF PROCESS.—As a condition to the ex6 ercise of any authority or privilege granted by this section, 

7 the Commission shall have a designated agent to receive 

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

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

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

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

12 Commission shall submit to the Committee on Commerce, 

13 Science, and Transportation of the Senate, the Committee 

14 on Energy and Commerce of the House of Representa15 tives, and the President a report that includes— 

16 (1) the number of disputes resolved by the 

17 Commission in the preceding year under subsection 

18 (d)(4), and if applicable, a description of such dis19 pute resolutions; 

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

21 preceding year; 

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

23 standard or rule established under this Act, a sum24 mary of the violation and a description of the en25 forcement action taken by the Commission; and 


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1 (4) recommendations for legislative or adminis2 trative action, as the Commission considers appro3 priate. 

4 (k) APPLICABILITY OF THE FREEDOM OF INFORMA5 TION ACT.—The provisions of section 552 of title 5, 

6 United States Code (commonly referred to as the ‘‘Free7 dom of Information Act’’), shall apply to the activities, 

8 records, and proceedings of the Commission. 

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

10 under this Act shall be allocated toward funding the Com11 mission and its activities. 

12 (m) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $50,000,000 for each of fiscal years 2023 and 2024. 

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

16 on the date that is 90 days after the date of the enactment 

17 of this Act. 

18 SEC. 12. ENFORCEMENT. 

19 (a) ENFORCEMENT BY COMMISSION.— 

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

21 out enforcement actions for any violation of this Act, 

22 or a standard or rule established under this Act, in23 cluding by— 

24 (A) levying fines; 


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1 (B) imposing penalties, including suspen2 sion or a permanent ban of an individual or en3 tity from participation in intercollegiate ath4 letics competition for a period determined by 

5 the Commission; and 

6 (C) commencing civil actions and seeking 

7 all appropriate legal, equitable, or other relief, 

8 including damages and injunctions. 

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

10 action carried out under this subsection, the Com11 mission shall provide to the individual or entity con12 cerned notice of the enforcement action and an op13 portunity for a hearing. 

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

15 violation of this Act, or a standard or rule estab16 lished under this Act, that has damaged or unjustly 

17 enriched a regulated party, the Commission shall im18 pose a fine in an amount not less than the value of 

19 the damage or unjust enrichment. 

20 (4) REPRESENTATION.—The Commission may 

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

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

23 the standards and rules established under this 

24 Act, or any other law or regulation; and 


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

2 to which the Commission is a party. 

3 (5) COMPROMISE OF ACTIONS.—The Commis4 sion may compromise or settle any civil action if 

5 such compromise or settlement is approved by the 

6 court. 

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

8 be brought by the Commission in a Federal district 

9 court of competent jurisdiction. 

10 (7) RULE OF CONSTRUCTION.—An enforcement 

11 action carried out by the Commission shall be con12 strued as an enforcement action carried out by the 

13 Federal Government, and the Federal Government 

14 shall be considered to be exercising political respon15 sibility for such action, regardless of any claim of a 

16 State to sovereign immunity under the 11th Amend17 ment to the Constitution of the United States or any 

18 other law. 

19 (b) INSTITUTIONS OF HIGHER EDUCATION.—Section 

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

21 1094(a)) is amended by adding at the end the following: 

22 ‘‘(30)(A) The institution will— 

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

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1 quirements of sections 3, 4, 7, 8, 9, and 10(a) 

2 of the College Athletes Bill of Rights; and 

3 ‘‘(ii) not participate in any athletic con4 ference or athletic association that fails to com5 ply with such requirements.’’. 

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

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

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

9 all appropriate remedies in a Federal district court of com10 petent jurisdiction. 

11 (d) ACTIONS BY STATE.— 

12 (1) IN GENERAL.—In any case in which the at13 torney general of a State, or such other official as 

14 the State may designate, has reason to believe that 

15 an interest of the residents of such State has been 

16 or is threatened or adversely affected by an act or 

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

18 rule established under this Act, the State may bring 

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

20 in an appropriate State court or a district court of 

21 the United States that is located in the State and 

22 has jurisdiction over the defendant— 

23 (A) to enforce compliance with this Act or 

24 such standard or rule; and 

25 (B) for all appropriate remedies. 


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1 (2) NOTICE.— 

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

3 under this subsection or commencing any other 

4 administrative or regulatory proceeding to en5 force this Act, or a standard or rule established 

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

7 agency of the State involved shall provide to the 

8 Commission— 

9 (i) a written notice of such action or 

10 proceeding; and 

11 (ii) a copy of the complaint for such 

12 action or proceeding. 

13 (B) CONTENTS OF NOTICE.—The written 

14 notice required by subparagraph (A) shall in15 clude— 

16 (i) the identity of the parties; 

17 (ii) a description of the alleged facts 

18 underlying the action or proceeding; and 

19 (iii) an assessment as to whether 

20 there is a need to coordinate the prosecu21 tion of the action or proceeding so as not 

22 to interfere with any action or proceeding 

23 undertaken by the Commission or a Fed24 eral agency. 


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1 (C) COMMISSION RESPONSE.—On receiving 

2 notice under this paragraph of an action or pro3 ceeding under this subsection, the Commission 

4 shall have the right— 

5 (i) to intervene in the action or pro6 ceeding; 

7 (ii) upon so intervening— 

8 (I) to remove the action or pro9 ceeding to the appropriate United 

10 States district court, if the action or 

11 proceeding was not originally brought 

12 there; and 

13 (II) to be heard on all matters 

14 arising in the action or proceeding; 

15 and 

16 (iii) to appeal any order or judgment, 

17 to the same extent as any other party in 

18 the proceeding. 

19 (3) REGULATIONS.—The Commission shall pre20 scribe regulations to implement this subsection and, 

21 from time to time, provide guidance to further co22 ordinate actions with State attorneys general and 

23 other regulators. 

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

25 subsection may be construed as altering, limiting, or 


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1 affecting the authority of a State attorney general or 

2 any other regulatory or enforcement agency or au3 thority to bring an action or other regulatory pro4 ceeding arising solely under the law in effect in that 

5 State. 

6 (e) APPLICABILITY OF SPORTS AGENT RESPONSI7 BILITY AND TRUST ACT TO COLLEGE ATHLETE

8 AGENTS.—Sections 3 through 5 of the Sports Agent Re9 sponsibility and Trust Act (15 U.S.C. 7802–7804) shall 

10 apply with respect to college athlete agents. 

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

12 State of Federal financial assistance for a work-study pro13 gram under section 3485 of title 38, United States Code, 

14 shall constitute a waiver of sovereign immunity, under the 

15 11th Amendment to the Constitution of the United States 

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

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

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

19 other relief (including damages and injunctions) under 

20 this Act. 

21 SEC. 13. PREEMPTION. 

22 No State or political subdivision of a State may es23 tablish or continue in effect any law or regulation that 

24 governs, regulates, or abrogates— 


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1 (1) the right of college athletes to be com2 pensated by a third party for use of their name, 

3 image, likeness, or athletic reputation; 

4 (2) the freedom and right of college athletes to 

5 secure representation by college athlete agents or 

6 group licensing entities; 

7 (3) the regulation and certification of college 

8 athlete agents and group licensing entities; and 

9 (4) intercollegiate athletics eligibility with re10 spect to— 

11 (A) transfers to another institution of 

12 higher education; and 

13 (B) professional sports drafts. 

14 SEC. 14. 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 attorneys or 

18 sports agents or other athlete representatives who 

19 are not college athlete agents; or 

20 (2) to modify or limit the enforcement authority 

21 of the Occupational Safety and Health Administra22 tion, the Department of Labor, the Department of 

23 Education, or any other Federal agency. 


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1 SEC. 15. SEVERABILITY. 

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

3 this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act and the amendments 

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

7 amendment to any other person or circumstance, shall not 

8 be affected. 

Æ 


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