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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4724 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``College Athletes Bill of Rights''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Athletic department.--The term ``athletic department'' 
        means a department at an institution of higher education 
        responsible for overseeing 1 or more athletic programs and 
        related staff.
            (2) Athletic program.--The term ``athletic program'' means 
        a program for a particular intercollegiate sport at an 
        institution of higher education.
            (3) Athletic reputation.--The term ``athletic reputation'' 
        means--
                    (A) with respect to a college athlete, the 
                recognition or fame of the college athlete relating to 
                the intercollegiate athletic ability, standing, 
                participation, or performance of the college athlete; 
                and
                    (B) with respect to an institution of higher 
                education, the recognition or fame the institution of 
                higher education garners from the athletic programs of 
                the institution of higher education.
            (4) College athlete.--The term ``college athlete''--
                    (A) means--
                            (i) an enrolled college athlete; and
                            (ii) a former college athlete; and
                    (B) includes a nonimmigrant described in 
                subparagraph (F) of section 101(a)(15) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
                who is present in the United States pursuant to a 
                valid, unexpired visa issued under that subparagraph.
            (5) College athlete agent.--The term ``college athlete 
        agent'' means an athlete agent (as defined in section 2 of the 
        Sports Agent Responsibility and Trust Act (15 U.S.C. 7801)) who 
        is certified in accordance with the standards established under 
        section 11(d)(1).
            (6) Commission.--The term ``Commission'' means the 
        Commission on College Athletics established by section 11(a).
            (7) Conference.--The term ``conference'' means a group or 
        an association of athletic programs that play competitively 
        against each other.
            (8) Cost of attendance.--The term ``cost of attendance''--
                    (A) has the meaning given the term in section 472 
                of the Higher Education Act of 1965 (20 U.S.C. 1087ll); 
                and
                    (B) shall be calculated by the financial aid office 
                of an institution of higher education applying the same 
                standards, policies, and procedures for all students.
            (9) Covered compensation.--The term ``covered 
        compensation''--
                    (A) means any payment, remuneration, or benefit 
                provided by a third party to a college athlete; and
                    (B) does not include the payment or provision of a 
                grant-in-aid.
            (10) Endorsement contract.--The term ``endorsement 
        contract'' means an agreement for the commercial use of a 
        college athlete's name, image, likeness, or athletic 
        reputation, in exchange for covered compensation.
            (11) Enrolled college athlete.--The term ``enrolled college 
        athlete'' means an individual who--
                    (A) has been accepted to an institution of higher 
                education and intends to participate in an 
                intercollegiate sport for the institution of higher 
                education; or
                    (B)(i) is enrolled in an institution of higher 
                education; and
                    (ii) participates or participated in an 
                intercollegiate sport for the institution of higher 
                education.
            (12) Former college athlete.--The term ``former college 
        athlete'' means an individual who participated in an 
        intercollegiate sport for an institution of higher education 
        but is no longer enrolled in an institution of higher 
        education.
            (13) Fund.--The term ``Fund'' means the medical trust fund 
        established under section 5(b).
            (14) Grant-in-aid.--The term ``grant-in-aid''--
                    (A) means a scholarship, grant, or other form of 
                financial assistance, including the provision of 
                tuition, room, board, books, or funds for fees or 
                personal expenses, that--
                            (i) is paid or provided by an institution 
                        of higher education to a student for the 
                        student's undergraduate or graduate course of 
                        study; and
                            (ii) is in an amount that does not exceed 
                        the cost of attendance for such student at the 
                        institution of higher education; and
                    (B) does not include covered compensation.
            (15) Image.--The term ``image'', with respect to a college 
        athlete, means a photograph, video, or computer-generated 
        representation that--
                    (A) identifies, is linked to, or is reasonably 
                linkable to the college athlete; and
                    (B) relates to the intercollegiate athletic 
                ability, standing, participation, or performance of the 
                college athlete.
            (16) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001 et seq.).
            (17) Intercollegiate athletic association.--The term 
        ``intercollegiate athletic association'' means any association, 
        conference, or other group or organization, including the 
        National Collegiate Athletic Association, that--
                    (A) exercises authority over intercollegiate 
                athletics; and
                    (B) is engaged in commerce or in any industry or 
                activity affecting commerce.
            (18) Likeness.--The term ``likeness'' means--
                    (A) with respect to a college athlete of a sport 
                for which the college athlete has a jersey number, the 
                jersey number associated with the college athlete and 
                the sport in which the college athlete participates at 
                a particular institution of higher education during the 
                period of the participation of the college athlete in 
                the sport at the institution of higher education, if 
                the jersey number is accompanied by--
                            (i) a logo or color scheme that is clearly 
                        associated with the institution of higher 
                        education; or
                            (ii) some other means by which the jersey 
                        number is clearly associated with the 
                        particular college athlete; and
                    (B) with respect to any college athlete, the 
                uniquely identifiable voice, physical characteristics, 
                catch phrase, or nickname of the college athlete, and 
                any other trademark that identifies or distinguishes 
                the college athlete, as such voice, catch phrase, 
                nickname, and trademark relate to the intercollegiate 
                athletic ability, standing, participation, or 
                performance of the college athlete.
            (19) Name.--The term ``name'', with respect to a college 
        athlete, means the first name and last or family name that 
        identifies the college athlete, a nickname or a preferred name 
        of the college athlete, and a name that the college athlete 
        uses to identify the college athlete, as such names and 
        nicknames relate to the intercollegiate athletic ability, 
        standing, participation, or performance of the college athlete.
            (20) Prospective college athlete.--The term ``prospective 
        college athlete'' means an individual--
                    (A) who has remaining intercollegiate athletics 
                eligibility;
                    (B) with whom an athletic program has communicated 
                with respect to intercollegiate sports participation; 
                and
                    (C) who has not signed an agreement to join such 
                athletic program.
            (21) Third party.--The term ``third party'' means an 
        individual or entity other than an institution of higher 
        education, a conference, or an intercollegiate athletic 
        association.
            (22) Title ix.--The term ``Title IX'' means title IX of the 
        Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

SEC. 3. COLLEGE ATHLETE RIGHTS AND PROTECTIONS.

    (a) Right To Market Name, Image, Likeness, or Athletic 
Reputation.--
            (1) In general.--Subject to a limitation pursuant to 
        paragraph (3), an institution of higher education, an 
        intercollegiate athletic association, or a conference may not 
        restrict the ability of college athletes, individually or as a 
        group, to market the use of their names, images, likenesses, or 
        athletic reputations.
            (2) Group licensing.--A person may not use the name, image, 
        likeness, or athletic reputation of any member of a group 
        described in paragraph (1) to sell or promote any product, 
        including college athlete biometric information, unless the 
        person obtains a license from the group for that purpose.
            (3) Certain limitations permitted with respect to 
        particular industries.--
                    (A) States.--Notwithstanding paragraph (1), a State 
                may prohibit college athletes residing in the State 
                from entering into endorsement contracts with entities 
                in a particular industry if the State also prohibits 
                institutions of higher education located in the State 
                from entering into agreements with such entities.
                    (B) Institutions of higher education.--
                            (i) In general.--Notwithstanding paragraph 
                        (1), an institution of higher education may 
                        prohibit enrolled college athletes from 
                        entering into endorsement contracts with a 
                        third party in a particular industry if--
                                    (I) the endorsement contract would 
                                violate the student code of conduct of 
                                the institution; and
                                    (II) the institution refrains from 
                                entering into agreements with all 
                                entities in the particular industry.
                            (ii) Student codes of conduct.--The student 
                        code of conduct of an institution of higher 
                        education may not interfere with or void the 
                        rights of college athletes under State or 
                        Federal law.
                    (C) Notification of enrolled college athletes.--An 
                institution of higher education shall provide to each 
                enrolled college athlete and to the Commission a list 
                of entities with which institutions of higher education 
                and college athletes are prohibited from entering into 
                endorsement contracts pursuant to subparagraph (A) or 
                (B).
            (4) Institution of higher education agreements with third 
        parties.--In conjunction with an endorsement contract of a 
        college athlete, an institution of higher education may enter 
        into a separate agreement with the third party concerned for 
        the intellectual property rights or the name, image, likeness, 
        or athletic reputation rights of the institution of higher 
        education, including the use of the logos and team uniforms of 
        the institution of higher education, if--
                    (A) the third party provides covered compensation 
                directly to the college athlete; and
                    (B) the agreement between the institution of higher 
                education and the third party is not initiated or 
                coordinated by the institution of higher education.
            (5) Institution-sponsored competition and practices.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an institution of higher education may require an 
                enrolled college athlete to use, during a competition 
                or practice sponsored by the institution of higher 
                education, apparel selected by the institution of 
                higher education.
                    (B) Exceptions.--
                            (i) Activities other than mandatory team 
                        activities.--An institution of higher education 
                        may not prohibit, and may not enter into a 
                        contract that prohibits, an enrolled college 
                        athlete from carrying out activities pursuant 
                        to an endorsement contract during a period in 
                        which the enrolled college athlete is not 
                        engaged in a mandatory team activity.
                            (ii) Footwear.--An institution of higher 
                        education may not prohibit or discourage an 
                        enrolled college athlete from wearing, during 
                        mandatory team activities, footwear of his or 
                        her choice that is consistent with the rules of 
                        the applicable sport, unless the footwear has 
                        lights, reflective fabric, or poses a health 
                        risk to the enrolled college athlete.
            (6) Treatment of covered compensation.--Covered 
        compensation--
                    (A) shall not be considered financial aid by any 
                institution of higher education, intercollegiate 
                athletic association, conference, or third party; and
                    (B) notwithstanding section 480(j) of the Higher 
                Education Act of 1965 (20 U.S.C. 1087vv(j)), shall not 
                be included as financial assistance for purposes of 
                determining a student's eligibility for financial 
                assistance under title IV of the Higher Education Act 
                of 1965 (20 U.S.C. 1070 et seq.).
            (7) Privacy.--
                    (A) In general.--Endorsement contracts and other 
                financial information provided by an enrolled college 
                athlete to an institution of higher education shall not 
                be subject to Federal or State open records laws.
                    (B) Prohibition on compelled disclosure.--An 
                intercollegiate athletic association or a conference 
                may not require or compel a college athlete to disclose 
                information about an endorsement contract or covered 
                compensation related to the use of the college 
                athlete's name, image, or likeness.
                    (C) Confidentiality.--An institution of higher 
                education may require a college athlete to disclose 
                information about an endorsement contract or covered 
                compensation, but must keep the terms and nature of the 
                contract confidential.
    (b) Right to Compensation for Expenses.--
            (1) In general.--An institution of higher education, an 
        intercollegiate athletic association, or a conference may not 
        restrict the ability of an enrolled college athlete to receive 
        payment from any source for--
                    (A) transportation for the enrolled college athlete 
                and friends or family members of the enrolled college 
                athlete during any period in which the enrolled college 
                athlete is addressing a physical or mental health 
                concern or participating in intercollegiate athletics 
                competition;
                    (B) necessities, including food, shelter, medical 
                coverage, and medical expenses; or
                    (C) tuition, fees, books, transportation, or any 
                other incidental expense that is not otherwise provided 
                by an institution of higher education or covered by a 
                grant-in-aid.
            (2) Grant-in-aid guarantees.--
                    (A) Receipt of covered compensation shall not 
                adversely affect--
                            (i) an enrolled college athlete's 
                        eligibility or opportunity to apply for a 
                        grant-in-aid; or
                            (ii) the amount, duration, or renewal of an 
                        enrolled college athlete's grant-in-aid.
                    (B) Limitation on revocation.--An institution of 
                higher education may not revoke or reduce an enrolled 
                college athlete's grant-in-aid based on the enrolled 
                college athlete having entered into an endorsement 
                contract.
    (c) Right to Agent Representation.--
            (1) In general.--An institution of higher education, an 
        intercollegiate athletic association, or a conference may not 
        restrict the ability of a college athlete to obtain 
        representation with respect to an endorsement contract or 
        employment outside the institution of higher education in which 
        the college athlete is enrolled, including--
                    (A) representation provided by agents, group 
                licensing entities, and financial advisors; and
                    (B) legal representation by attorneys.
            (2) Preventing conflicts of interest.--An institution of 
        higher education, an intercollegiate athletic association, a 
        conference, or an entity that has represented or has had a 
        direct business partnership with an institution of higher 
        education, an intercollegiate athletic association, or a 
        conference, may not--
                    (A) represent college athletes with respect to the 
                use of their names, images, likenesses, or athletic 
                reputations;
                    (B) host or provide a platform or service related 
                to the marketing or branding of a college athlete's 
                name, image, likeness, or athletic reputation;
                    (C) regulate the representation of college athletes 
                with respect to the use of their names, images, 
                likenesses, or athletic reputations;
                    (D) engage in the certification of individuals for 
                such representation; or
                    (E) attempt to influence, or base co-branding 
                decisions on, a college athlete's choice of 
                representation.
    (d) Right To Transfer.--
            (1) In general.--An enrolled college athlete shall be 
        entitled to transfer from one institution of higher education 
        to another notwithstanding any contract to which an enrolled 
        college athlete is a party or national letter of intent signed 
        by the enrolled college athlete.
            (2) Limitation on transfer penalties.--Institutions of 
        higher education, intercollegiate athletic associations, and 
        conferences shall allow an enrolled college athlete to transfer 
        from one institution of higher education to another without 
        losing grant-in-aid opportunities or eligibility for 
        intercollegiate athletics if--
                    (A) the college athlete is subject to an abusive or 
                negligent environment within the institution of higher 
                education; or
                    (B)(i) it is the first time the enrolled college 
                athlete transfers or there is a head coaching change in 
                the enrolled college athlete's sport;
                    (ii) not less than 7 days before transferring, the 
                enrolled college athlete provides to his or her 
                athletic director notice of intent to transfer; and
                    (iii) the transfer does not occur during--
                            (I) the season or the post-season period of 
                        the sport of the enrolled college athlete; or
                            (II) the 45-day period preceding the date 
                        on which such season commences.
            (3) Grant-in-aid protection.--An institution of higher 
        education may not eliminate or reduce the grant-in-aid of a 
        college athlete who submits a written notice of intent to 
        transfer or registers in a transfer portal, but rescinds the 
        notice of intent to transfer or exits the transfer portal, as 
        applicable, on a date that is--
                    (A) not later than 45 days after having initially 
                registered for the transfer portal; and
                    (B) not less than 100 days before the beginning of 
                the season of the sport of the college athlete.
            (4) Inducements to transfer prohibited.--
                    (A) In general.--An institution of higher 
                education, an intercollegiate athletic association, a 
                conference, or a business partner of an institution of 
                higher education, an intercollegiate athletic 
                association, or a conference may not offer or provide 
                to an enrolled college athlete any compensation or 
                benefit (other than grant-in-aid) that is--
                            (i) conditioned on the enrolled college 
                        athlete transferring to a particular 
                        institution of higher education; or
                            (ii) intended to induce the enrolled 
                        college athlete to transfer to a particular 
                        institution of higher education.
                    (B) Campus tours.--Notwithstanding subparagraph 
                (A), an institution of higher education, an 
                intercollegiate athletic association, or a conference 
                may provide an enrolled college athlete with 
                reimbursement for expenses relating to campus tours or 
                visits.
    (e) Right To Enter Professional Sports Drafts.--
            (1) In general.--An institution of higher education, an 
        intercollegiate athletic association, or a conference may not 
        prevent the participation of an enrolled college athlete in 
        intercollegiate athletics based on the enrolled college athlete 
        having entered into a professional sports draft, if the 
        enrolled college athlete--
                    (A) does not receive compensation, directly or 
                indirectly, from a professional sports league; and
                    (B) not later than 7 days after the completion of 
                the draft or tryout, notifies his or her athletic 
                director of his or her intent to forgo participation in 
                the professional league.
            (2) Prohibition on obligations and penalties.--A 
        professional sports league may not place any obligation on, or 
        penalize, a college athlete for entering its draft but choosing 
        instead to participate in intercollegiate athletics before 
        entering into a contract with a professional team or club.
    (f) Right to Full Participation in Intercollegiate Athletics 
Competition.--An institution of higher education, an intercollegiate 
athletic association, a conference, or a State may not maintain or 
enforce any rule, requirement, standard, condition, or other limitation 
that prevents the full participation of an enrolled college athlete in 
intercollegiate athletics competition based on the enrolled college 
athlete having--
            (1) entered into an endorsement contract; or
            (2) obtained representation described in subsection (c)(1).
    (g) Additional Protections.--An institution of higher education, an 
intercollegiate athletic association, or a conference may not--
            (1) arrange an endorsement contract on behalf of a college 
        athlete;
            (2) impose on enrolled college athletes restrictions on 
        speech that are more stringent than restrictions on speech 
        imposed on other students enrolled in the institution of higher 
        education;
            (3) except as otherwise provided in this Act, levy against 
        an enrolled college athlete any fine or other punishment that 
        does not apply equally to other students enrolled in the 
        institution of higher education;
            (4) coordinate or cooperate with any other institution of 
        higher education, intercollegiate athletic association, or 
        conference to limit opportunities related to a college 
        athlete's use or profit from his or her name, image, likeness, 
        or athletic reputation; or
            (5) eliminate the funding of an athletic program unless all 
        other options for reducing the expenses of the athletic 
        program, including reducing coach salaries and administrative 
        and facility expenses, are not feasible.

SEC. 4. RIGHT TO TITLE IX EQUITY.

    (a) Institutions of Higher Education.--Each institution of higher 
education shall--
            (1) not later than July 1 each year--
                    (A) complete an evaluation, using all relevant 
                measures, of the compliance of the institution of 
                higher education with Title IX in athletics; and
                    (B) publish such evaluation on a publicly 
                accessible internet website of the institution of 
                higher education;
            (2) publish on a publicly accessible internet website of 
        the institution of higher education the name and contact 
        information of the institution's Title IX coordinator; and
            (3) inform college athletes enrolled at the institution of 
        higher education to whom an inquiry or a complaint relating to 
        Title IX in athletics may be addressed.
    (b) Intercollegiate Athletic Associations and Conferences.--An 
intercollegiate athletic association or a conference shall not 
discriminate on the basis of sex with regard to the provision, to 
college athletes in comparable sports, of health and safety, medical 
care, rest, room and board, nutrition, athletic facilities, athletic 
participation, transportation, and event promotions.
    (c) Enforcement.--An intercollegiate athletics association shall--
            (1) permanently ban an individual from intercollegiate 
        athletics if the individual knowingly provides misleading 
        information or causes omissions for the purpose of affecting a 
        Title IX evaluation referred to in this section; and
            (2) provide college athletes the means to keep their 
        identity confidential when making a Title IX in athletics 
        inquiry or complaint to the intercollegiate athletics 
        association.

SEC. 5. MEDICAL EXPENSES FOR SPORTS-RELATED INJURIES AND HEALTH CARE 
              SERVICES FOR COLLEGE ATHLETES.

    (a) Coverage and Expenses.--
            (1) Institutions of higher education reporting $20,000,000 
        or more in athletics revenue.--Each institution of higher 
        education reporting $20,000,000 or more in total athletics 
        revenue to the Department of Education during the preceding 
        academic year shall be financially responsible for the out-of-
        pocket sports-related medical expenses of each college athlete 
        of the institution, including expenses related to communicable 
        illnesses acquired by a former college athlete during their 
        intercollegiate athletics eligibility, during the 2-year period 
        beginning on the date of the former college athlete's last team 
        athletic activity.
            (2) Institutions of higher education reporting $50,000,000 
        or more in athletics revenue.--Each institution of higher 
        education reporting $50,000,000 or more in total athletics 
        revenue to the Department of Education during the preceding 
        academic year shall--
                    (A) offer nationally portable primary medical 
                insurance to each enrolled college athlete, paid for by 
                the institution; and
                    (B) be financially responsible for the out-of-
                pocket sports-related medical expenses of each college 
                athlete of the institution, including expenses related 
                to communicable illnesses acquired by a former college 
                athlete during their intercollegiate athletics 
                eligibility, during the 4-year period beginning on the 
                date on which the former college athlete ceased to be 
                an enrolled college athlete.
            (3) Payment of out-of-network expenses.--If a college 
        athlete of an institution of higher education that is 
        responsible for the college athlete's medical expenses chooses 
        to receive medical care independent from the institution of 
        higher education's network, the institution of higher education 
        shall pay the amount that is the lesser of--
                    (A) the out-of-pocket expenses for such medical 
                care; or
                    (B) the amount the institution would have paid if 
                the college athlete had received the medical care 
                within the institution of higher education's network.
            (4) Second opinions.--An institution of higher education--
                    (A) shall pay for a college athlete to obtain an 
                independent second opinion with respect to a sports-
                related medical condition; and
                    (B) shall not impede a college athlete's right to 
                obtain such second medical opinion.
    (b) Medical Trust Fund.--
            (1) Establishment.--The Commission shall establish a 
        medical trust fund to cover the cost of--
                    (A)(i) for enrolled college athletes, the out-of-
                pocket expenses relating to any athletic program-
                related injury or illness not covered by an institution 
                of higher education; and
                    (ii) during the 4-year period beginning on the date 
                on which an individual ceases to be an enrolled college 
                athlete, the out-of-pocket expenses relating to any 
                athletic program-related injury or illness suffered by 
                such individual while the individual was an enrolled 
                college athlete;
                    (B) medical expenses for college athletes diagnosed 
                with athletic program-related conditions, including 
                chronic traumatic encephalopathy or other cognitive 
                impairment; and
                    (C) independent medical second opinions for 
                enrolled college athletes.
            (2) Contributions.--
                    (A) In general.--Not later than July 31 each year, 
                each athletic association and conference that generates 
                over $200,000,000 in annual athletics revenue shall 
                make contributions to the Fund in an amount determined 
                by the Commission that totals, in the aggregate, not 
                more than $50,000,000 to help cover the costs of 
                medical treatment described in paragraph (1) for the 
                applicable academic year.
                    (B) Consideration.--In determining amounts to be 
                contributed by athletic associations and conferences 
                under subparagraph (A), the Commission shall take into 
                account their respective athletics revenues.
                    (C) Penalty for noncompliance.--
                            (i) In general.--An institution of higher 
                        education that fails to make a timely 
                        contribution required by subparagraph (A) 
                        shall--
                                    (I) make the delinquent 
                                contribution retroactively; and
                                    (II) be assessed--
                                            (aa) interest on such 
                                        contribution at a rate of 10 
                                        percent annually; and
                                            (bb) a civil penalty that 
                                        is the greater of--

                                                    (AA) for each 
                                                academic year 
                                                concerned, the amount 
                                                equal to 20 percent of 
                                                the total athletics 
                                                revenue generated by 
                                                the institution of 
                                                higher education; or

                                                    (BB) $200,000.

                            (ii) Waiver.--In the case of a first 
                        delinquent contribution, the Commission may 
                        waive the applicability of clause (i) on 
                        request by the institution of higher education 
                        concerned if the institution of higher 
                        education makes the delinquent payment not 
                        later than August 14 of the year in which the 
                        payment was due.
    (c) Physical Examinations.--
            (1) In general.--Not later than 3 days after the date on 
        which the regular season of the sport of a college athlete ends 
        during the college athlete's final year of intercollegiate 
        athletics eligibility (or in the case of a transfer, not later 
        than 3 days after receiving a college athlete's notice of 
        intent to transfer), an institution of higher education shall 
        provide the college athlete notice of, and an opportunity to 
        undergo, a physical examination within or independent of the 
        institution of higher education's network for the purpose of 
        diagnosing any athletic program-related injury or condition.
            (2) Former college athletes.--A former college athletes 
        shall be allowed not less than 60 days to complete a physical 
        examination under paragraph (1).
    (d) Second Opinions.--An enrolled college athlete shall have the 
right to obtain a medical second opinion independent from the medical 
opinion given by the institution of higher education of the enrolled 
college athlete.
    (e) Independence of Trainers, Licensed Mental Health Professionals, 
Medical Personnel, and Volunteers.--
            (1) In general.--Any sports trainer, licensed mental health 
        professional, or medical personnel employed by an institution 
        of higher education shall--
                    (A) be employed by an office or department of the 
                institution of higher education that is independent of 
                the athletic department; and
                    (B) operate independently from the athletic 
                department.
            (2) Volunteers.--Any sports trainer, licensed mental health 
        professional, or medical personnel who volunteers to provide 
        athletic training or mental health or medical services for 
        college athletes for an institution of higher education shall 
        operate independently from the athletic department.

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

    (a) Establishment of Standards.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services (referred to in this subsection as the ``Secretary''), 
        acting through the Director of the Centers for Disease Control 
        and Prevention, and in consultation with the Assistant 
        Secretary of Labor for Occupational Safety and Health, shall 
        establish health, wellness, and safety standards for 
        intercollegiate athletic programs.
            (2) Consultation and considerations.--In developing the 
        standards under paragraph (1), the Secretary shall--
                    (A) consult with--
                            (i) the Sports Science Institute of the 
                        National Collegiate Athletic Association; and
                            (ii) college athlete health and safety 
                        advocacy communities; and
                    (B) consider existing guidelines of relevant 
                nonprofit entities, such as the National Collegiate 
                Athletic Association, conferences, professional sports 
                leagues, the National Athletic Trainers Association, 
                and college athlete advocacy communities.
            (3) Content.--The standards established under paragraph (1) 
        shall address--
                    (A) cardiac health;
                    (B) concussion and traumatic brain injuries;
                    (C) illegal performance enhancers and substance 
                abuse;
                    (D) mental health;
                    (E) nutrition, sleep, and performance;
                    (F) overuse injuries, periodization, and heat-
                related illnesses;
                    (G) sexual assault and interpersonal violence;
                    (H) athletics health care administration;
                    (I) weight and pain management;
                    (J) Rhabdomyolysis;
                    (K) sickle cell trait;
                    (L) asthma;
                    (M) best practices to prevent serious harm in 
                sports medicine, physical therapy, athletic training, 
                and athletic strength and conditioning;
                    (N) coaching principles prioritizing college 
                athlete well-being; and
                    (O) any other topic the Secretary considers 
                appropriate.
    (b) Trainers and Medical Personnel.--Athletic trainers and 
physicians shall have the autonomous, unchallengeable authority to 
determine medical management and return-to-play decisions with respect 
to college athletes, and a coach or other nonmedical personnel of an 
institution of higher education may not attempt to influence or 
disregard such decisions.
    (c) Routine Compliance Audits.--Not less frequently than annually, 
the Commission shall conduct an audit of athletic departments to verify 
compliance with the standards established under subsection (a)(1).
    (d) Penalties.--
            (1) Individuals.--An individual shall be subject to a 
        lifetime ban on involvement in intercollegiate athletics if the 
        individual is found to have--
                    (A) caused serious harm--
                            (i) due to noncompliance with a standard 
                        established under subsection (a)(1); or
                            (ii) by failing to adequately address such 
                        noncompliance;
                    (B) threatened or retaliated against any individual 
                or entity that reports such noncompliance;
                    (C) knowingly provided false information; or
                    (D) attempted to obstruct an investigation by the 
                Commission related to a possible violation of such a 
                standard.
            (2) Institutions of higher education.--An institution of 
        higher education found to be in noncompliance with a standard 
        established under subsection (a)(1) shall be responsible for 
        medical and academic expenses related to the resulting harm of 
        a college athlete and any other penalty or remedy, as 
        determined by the Commission.

SEC. 7. COLLEGE ATHLETES' RIGHT TO EDUCATIONAL OUTCOMES.

    (a) Guarantee of Grant-in-Aid.--
            (1) In general.--Except as provided in paragraph (3), an 
        institution of higher education that provides an enrolled 
        college athlete with grant-in-aid for an academic year shall 
        provide the individual with grant-in-aid described in paragraph 
        (2) for each subsequent academic year in which the individual 
        is enrolled at the institution--
                    (A) until the individual receives an undergraduate 
                degree from such institution; and
                    (B) regardless of athletic performance or permanent 
                injury.
            (2) Amount.--Grant-in-aid awarded to an individual for a 
        subsequent year in accordance with paragraph (1) shall be in an 
        amount equal to the grant-in-aid provided to the individual for 
        the preceding year, increased annually for inflation, at a rate 
        reported by the Bureau of Labor Statistics for the preceding 
        year.
            (3) Exceptions.--Paragraph (1) shall not apply with respect 
        to an individual who--
                    (A) is found by the institution of higher education 
                to have committed academic fraud or other misconduct 
                that would ordinarily result in expulsion; or
                    (B) earns a grade point average of less than 2.20 
                on a 4-point scale, or the equivalent, for 2 or more 
                consecutive semesters.
    (b) Requirements for Academic Advising and Tutoring.--Any academic 
advisor or tutoring services provided to an enrolled college athlete by 
an institution of higher education shall be independent from the 
athletic department of the institution of higher education.
    (c) No Influence or Retaliation for Coursework.--An individual 
employed by or volunteering for an athletic department of an 
institution of higher education may not--
            (1) attempt to discourage an enrolled college athlete from 
        selecting a course or an academic major of their choice; or
            (2) retaliate against an enrolled college athlete based 
        on--
                    (A) the enrolled college athlete's selection of any 
                course or academic major; or
                    (B) the enrolled college athlete's attention to 
                coursework required by such course or major.
    (d) No Interference in Extracurriculars.--An individual employed by 
an athletic department of an institution of higher education shall not 
interfere with, or discourage, any enrolled college athlete who wishes 
to secure employment or internships, participate in student groups or 
events, or serve as a volunteer, as long as such activities do not 
interfere with mandatory class time, examination periods, or mandatory 
team activities.

SEC. 8. COLLEGE ATHLETES' RIGHT TO TRANSPARENCY.

    (a) In General.--Prospective college athletes, including enrolled 
college athletes seeking a transfer to an institution of higher 
education, shall have the right to transparency in agreements that 
grant an institution of higher education control over the 
intercollegiate athletics eligibility of enrolled college athletes.
    (b) Disclosures.--
            (1) In general.--Such an agreement shall include the 
        following disclosures, which shall be legally binding:
                    (A) The amount of institution of higher education 
                athletics grant-in-aid and stipend offered to the 
                prospective college athlete, relative to the most 
                recent cost of attendance, for each academic school 
                year and each summer session.
                    (B) The amount and duration of institution of 
                higher education athletics grant-in-aid that will be 
                provided to assist the prospective college athlete with 
                graduate degree completion following the expiration of 
                their intercollegiate athletics eligibility.
                    (C) The percentage of comprehensive medical 
                coverage required, including any required coverage to 
                participate in intercollegiate athletics or to enroll 
                as a student, that will be paid for by the institution 
                of higher education during the enrolled college 
                athlete's intercollegiate athletics eligibility.
                    (D) The percentage of any out-of-pocket sports-
                related medical expenses, including deductibles, 
                copays, and coinsurance, that will be paid by the 
                institution of higher education during the prospective 
                college athlete's intercollegiate athletics 
                eligibility, and any duration that such expenses will 
                be covered after the prospective college athlete's 
                intercollegiate athletics eligibility expires. The 
                difference between any in-network and out-of-network 
                expenses shall be stated.
                    (E) Whether the institution of higher education 
                will pay for a disability insurance policy to cover 
                future loss of earnings and any limit to such a policy, 
                including the maximum possible benefits based on 
                similarly situated college athletes.
                    (F) Notice that a college athlete has the 
                opportunity to transfer and be released from a national 
                letter of intent as outlined in this Act.
            (2) Structure.--The disclosures required by paragraph (1) 
        shall be listed--
                    (A) in the order in which the disclosures are 
                described in that paragraph; and
                    (B) beginning on the first page of such agreement.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to require an institution of higher education to 
        provide a benefit described in any of subparagraphs (A) through 
        (F) of paragraph (1) unless otherwise required by this Act.

SEC. 9. FINANCIAL LITERACY AND LIFE SKILLS DEVELOPMENT PROGRAM.

    (a) In General.--Each institution of higher education shall--
            (1) offer a financial literacy and life skills development 
        program described in subsection (b); and
            (2) require every enrolled college athlete to attend the 
        program during the enrolled college athlete's first year of 
        participation in intercollegiate athletics.
    (b) Financial Literacy and Life Skills Development Program.--
            (1) In general.--Each financial literacy and life skills 
        development program offered under subsection (a) shall--
                    (A) be not less than 15 hours in total duration 
                across sessions;
                    (B) be eligible for postsecondary credit, 
                consistent with the credit allocation guidelines of the 
                institution of higher education; and
                    (C) include, at a minimum, information regarding--
                            (i) the rights of college athletes under 
                        this Act; and
                            (ii) time management skills, personal 
                        budgeting, debt, credit, and interest rates.
            (2) Limitation.--A financial literacy and life skills 
        development program offered under subsection (a) may not 
        include any marketing, advertising, referral, or solicitation 
        by providers of financial products or services.

SEC. 10. REPORTING AND ACCOUNTABILITY.

    (a) Annual Reporting by Institutions of Higher Education.--Not 
later than 60 days after the date on which an academic year ends, each 
institution of higher education with 1 or more athletic programs shall 
publish on a publicly accessible internet website of the institution 
and submit to the Commission a report that includes, for the academic 
year, the following:
            (1) The revenues and expenditures of each athletic program, 
        including donations, Federal funds, State funds, and 
        compensation for athletic program personnel, individually and 
        in the aggregate.
            (2) The average number of hours enrolled college athletes 
        participating in an intercollegiate sport spent on athletic 
        activities and team travel, including mandatory team activities 
        and voluntary team activities, disaggregated by athletic 
        program.
            (3) The academic outcomes and majors for enrolled college 
        athletes reported by the Commission, disaggregated by athletic 
        program, current or former participation in an intercollegiate 
        sport, race and ethnicity, and gender.
    (b) Commission Database.--The Commission shall maintain a publicly 
accessible, searchable database that contains the information provided 
in each annual report submitted under subsection (a).

SEC. 11. COMMISSION ON COLLEGE ATHLETICS.

    (a) Establishment.--There is established a commission, to be known 
as the ``Commission on College Athletics'', for the following purposes:
            (1) To act for the benefit of all college athletes, without 
        regard to receipt of grant-in-aid.
            (2) To protect the academic, health, and economic interests 
        of college athletes.
            (3) To ensure that college athlete agents faithfully 
        represent the interests of college athletes.
            (4) To enforce this Act and the standards established under 
        subsection (d)(1) in a manner adequate to deter violations, and 
        to set penalties for violations.
            (5) To protect and promote the health, wellness, and safety 
        of college athletes.
    (b) Organization.--
            (1) Federal charter.--The Commission is a federally 
        chartered corporation, governed by a board of directors, and 
        entrusted with the constitutional duty to take care that the 
        laws be faithfully executed.
            (2) Perpetual existence.--Except as otherwise provided in 
        subsection (n), the Commission has perpetual existence.
            (3) Status.--The Commission is not an agency (as defined in 
        section 551 of title 5, United States Code).
            (4) Constitution and bylaws.--The Commission shall adopt a 
        constitution and bylaws that reflect the rights and protections 
        set forth in this Act.
    (c) Board of Directors.--
            (1) Composition.--
                    (A) In general.--The board of directors of the 
                Commission (referred to in this section as the 
                ``Board'') shall be comprised of 9 members, who, 
                subject to subparagraphs (B) through (E), shall be 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                    (B) Diversity.--The appointment of members of the 
                Board shall be coordinated to ensure diversity among 
                such members.
                    (C) Political party.--Not more than 5 members of 
                the Board may be appointed from the same political 
                party.
                    (D) Requirements.--
                            (i) In general.--Each member appointed 
                        under subparagraph (A) shall have achieved 
                        distinction in his or her respective 
                        professional field.
                            (ii) Representation.--The members of the 
                        Board shall be representatives of former 
                        college athletes, professional fields, and 
                        members of the public as follows:
                                    (I) Not fewer than 5 members 
                                filling the designated categories 
                                described in subclauses (II) through 
                                (IX) shall be former college athletes 
                                who have graduated from an institution 
                                of higher education.
                                    (II) 1 member shall have expertise 
                                in sports, contracts, and publicity 
                                rights law.
                                    (III) 1 member shall have expertise 
                                in constitutional law with respect to 
                                the freedom of speech.
                                    (IV) 1 member shall have expertise 
                                in communications.
                                    (V) 1 member shall be a certified 
                                public accountant with expertise in 
                                corporate financial audits and 
                                corporate compliance investigations.
                                    (VI) 1 member shall have expertise 
                                in arbitration.
                                    (VII) 1 member shall have expertise 
                                in sports economics.
                                    (VIII) 1 member shall have 
                                expertise in civil rights law and 
                                compliance with Title IX.
                                    (IX) 2 members shall have expertise 
                                in health, wellness, and safety in 
                                sports.
                    (E) Independence.--
                            (i) In general.--An individual who is 
                        employed by an institution of higher education, 
                        serves on the governing body of an institution 
                        of higher education, or receives compensation 
                        from an athletic program of an institution of 
                        higher education, an intercollegiate athletic 
                        association, or a conference, including a 
                        commissioner or an administrator of such an 
                        athletic program, an intercollegiate athletic 
                        association, or a conference, may not serve as 
                        a member of the Board.
                            (ii) Former commissioners and 
                        administrators.--A former commissioner or 
                        administrator of an athletic program of an 
                        institution of higher education, an 
                        intercollegiate athletic association, or a 
                        conference shall not be eligible to serve on 
                        the Board.
            (2) Terms; vacancies.--
                    (A) Terms.--A member of the Board shall be 
                appointed for a term of 5 years, except that--
                            (i) the Chair shall be appointed for a term 
                        of 2 years; and
                            (ii) of the other members first appointed--
                                    (I) 4 members shall be appointed 
                                for a term of 5 years;
                                    (II) 3 members shall be appointed 
                                for a term of 4 years; and
                                    (III) 2 members shall be appointed 
                                for a term of 3 years.
                    (B) Vacancies.--
                            (i) In general.--A vacancy on the Board 
                        shall be filled in the manner in which the 
                        original appointment was made and shall be 
                        subject to any condition that applied with 
                        respect to the original appointment.
                            (ii) Filling unexpired term.--An individual 
                        chosen to fill a vacancy shall be appointed for 
                        the unexpired term of the member replaced.
                    (C) Expiration of terms.--The term of any member 
                shall not expire before the date on which the member's 
                successor takes office.
            (3) Chair.--
                    (A) Initial appointment.--The first chair of the 
                Board shall be appointed by the President.
                    (B) Subsequent appointments.--Any subsequent chair 
                of the Board shall be elected by a majority of the 
                members of the Board.
            (4) Initial meeting.--Not later than 60 days after the date 
        on which the majority of members have been appointed under 
        paragraph (1)(A), the Board shall hold an initial meeting.
            (5) Quorum.--A majority of members of the Board shall 
        constitute a quorum.
            (6) Salary.--Each member of the Board shall be compensated 
        at a rate not to exceed the highest annual rate of basic pay in 
        effect for a position at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code.
    (d) Duties and Authority.--
            (1) Establishment of standards.--
                    (A) Endorsement contracts.--The Commission shall 
                establish standards with respect to a college athlete's 
                use of, and ability to profit from, their name, image, 
                likeness, and athletic reputation.
                    (B) Certification of college athlete agents.--
                            (i) In general.--The Commission shall 
                        establish standards with respect to--
                                    (I) registration and annual 
                                certification of--
                                            (aa) college athlete 
                                        agents;
                                            (bb) agencies and entities 
                                        that represent college 
                                        athletes;
                                            (cc) attorneys who 
                                        represent college athletes in 
                                        endorsement contracts; and
                                            (dd) individuals and 
                                        entities that provide financial 
                                        advising services to college 
                                        athletes;
                                    (II) revocation of such 
                                certification, including the power to 
                                assess fines and penalties for 
                                individuals and entities that do not 
                                comply with Commission standards; and
                                    (III) agency fees charged by 
                                college athlete agents.
                            (ii) Recognition of the commission as 
                        college athlete agent certification body.--
                        Section 3 of the Sports Agent Responsibility 
                        and Trust Act (15 U.S.C. 7802) is amended by 
                        adding at the end the following:
    ``(c) Recognition of the Commission on College Athletics as 
Certification Body.--The Commission on College Athletics established by 
section 11 of the College Athletes Bill of Rights shall--
            ``(1) be recognized as the certification body for athlete 
        agents; and
            ``(2) have the authority to establish standards and 
        procedures with respect to the registration, annual 
        certification, and conduct of athlete agents.''.
                            (iii) Educational requirements for college 
                        athlete agents.--The Commission may not 
                        establish a standard requiring college athlete 
                        agents to attain a bachelor's degree, an 
                        associate's degree, or a graduate degree from 
                        an institution of higher education.
                    (C) Health, wellness, and safety.--The Commission 
                shall establish standards with respect to the health, 
                wellness, and safety of college athletes consistent 
                with the standards established by the Secretary of 
                Health and Human Services under section 6(a)(1).
                    (D) Purposes of commission governing standards.--In 
                establishing the standards under this paragraph, the 
                Commission shall ensure that such standards effectuate 
                the purposes of the Commission set forth in subsection 
                (a).
            (2) Development of educational materials.--
                    (A) In general.--The Commission shall develop and 
                disseminate educational materials relating to 
                endorsement contracts for college athletes, 
                institutions of higher education, intercollegiate 
                athletic associations, and conferences.
                    (B) Dissemination of information.--The member of 
                the Board described in subsection (c)(1)(D)(ii)(IV) 
                shall be responsible for disseminating such educational 
                materials.
            (3) Reporting mechanism.--
                    (A) In general.--The Commission shall establish and 
                maintain a dedicated telephone hotline and an online 
                portal by which college athletes may report--
                            (i) instances of improper conduct; and
                            (ii) noncompliance with the standards 
                        established under section 6(a)(1).
                    (B) Procedure.--Not later than 30 days after 
                receiving a report from a college athlete regarding an 
                instance of improper conduct or noncompliance with such 
                guidelines, the Commission shall--
                            (i) determine whether an investigation is 
                        warranted; and
                            (ii) provide to the college athlete 
                        notification of the determination made under 
                        clause (i), together with a justification for 
                        such determination.
                    (C) Protection from retaliation.--A college athlete 
                who makes a report under this paragraph shall be 
                protected from threats and retaliation.
            (4) Resolution of disputes.--
                    (A) In general.--The Commission shall provide a 
                forum for the swift and equitable resolution of 
                conflicts relating to endorsement contracts through a 
                dispute resolution process for college athletes, 
                institutions of higher education, intercollegiate 
                athletic associations, and conferences.
                    (B) Procedure.--
                            (i) In general.--With respect to a dispute 
                        resolution process referred to in subparagraph 
                        (A), the Commission shall--
                                    (I) provide to applicable 
                                individuals or entities notice and an 
                                opportunity for a hearing; and
                                    (II) select an arbitrator, who 
                                shall make a decision on resolution of 
                                the dispute.
                            (ii) Appeal.--A party to such a dispute 
                        resolution process may appeal the decision of 
                        the arbitrator to the Commission, which may--
                                    (I) review the decision; and
                                    (II) issue a final decision.
            (5) Assessment of fees.--
                    (A) Annual agent certification fees.--The 
                Commission may assess an annual certification fee for 
                each college athlete agent certified in accordance with 
                the standards established under paragraph (1)(B).
                    (B) Certain intercollegiate athletic associations 
                and conferences.--
                            (i) In general.--Beginning in 2023, not 
                        later than August 1 each year, athletic 
                        associations and conferences that generate over 
                        $200,000,000 in annual revenue shall pay a fee 
                        to the Commission in an amount determined by 
                        the Commission that, subject to paragraph (2), 
                        in the aggregate totals not more than 
                        $50,000,000.
                            (ii) Adjustments.--The aggregate amount 
                        described in subparagraph (A) shall be 
                        increased annually for inflation, at a rate 
                        reported by the Bureau of Labor Statistics for 
                        the preceding year.
                            (iii) Remittance of fees.--Intercollegiate 
                        athletic associations and conferences shall 
                        remit such fees to the Commission.
                    (C) Collection.--The Commission may collect fees 
                under paragraphs (A) and (B) in accordance with such 
                rules as the Commission may establish.
            (6) Title ix monitoring, investigations, and reporting.--
                    (A) Monitoring.--The Commission shall monitor and 
                provide publicly available information about the 
                compliance with Title IX of athletic programs within an 
                institution of higher education that is subject to 
                Title IX.
                    (B) Investigations.--The Commission may investigate 
                any action by any such athletic program that would 
                constitute a violation of Title IX.
                    (C) Reporting.--If, in the course of such an 
                investigation, the Commission becomes aware of a 
                potential violation of Title IX, the Commission shall 
                submit to the Office for Civil Rights of the Department 
                of Education all proper information in the possession 
                of the Commission relating to the potential violation.
            (7) Administration of medical trust fund.--
                    (A) In general.--The Commission shall administer 
                the Fund as described in section 5(a).
                    (B) Annual assessments.--Not less frequently than 
                annually, the Commission shall determine--
                            (i) the necessary funding levels to be 
                        maintained in the Fund to adequately fulfill 
                        the financial obligations of the Fund; and
                            (ii) the amount each institution of higher 
                        education with an athletic department shall be 
                        required to contribute for the applicable 
                        academic year, in accordance with section 
                        5(a)(2).
                    (C) Maintenance of funds.--On an ongoing basis, the 
                Commission shall maintain in the Fund the level of 
                funding determined necessary under subparagraph (B)(i).
                    (D) Collection.--Not less frequently than annually, 
                the Commission shall collect from institutions of 
                higher education with athletic departments the amount 
                determined under subparagraph (B)(ii).
            (8) Additional duties and authorities.--The Commission--
                    (A) shall--
                            (i) maintain the database as described in 
                        section 10(b);
                            (ii) issue reports as described in 
                        subsection (j);
                            (iii) conduct audits of athletic programs 
                        to ensure compliance with this Act and 
                        standards established under paragraph (1);
                            (iv) carry out investigations relating to 
                        violations of this Act or any such standard;
                            (v) establish penalties for violations of 
                        this Act, including civil penalty amounts, and 
                        update such penalties on an annual basis to 
                        adjust for inflation;
                            (vi) establish rules to conduct reviews of 
                        contracts under section 3(a)(2), taking into 
                        considering payment arrangements that provide 
                        royalties to college athletes whose names, 
                        images, likenesses, or athletic reputations are 
                        used in such activities; and
                            (vii) carry out enforcement actions as 
                        described in section 12(a); and
                    (B) may--
                            (i) establish and maintain offices to 
                        conduct the affairs of the Commission;
                            (ii) hire staff to carry out the duties 
                        described in this section;
                            (iii) enter into contracts;
                            (iv) acquire, own, lease, encumber, and 
                        transfer property as necessary to carry out 
                        such duties;
                            (v) borrow money, issue instruments of 
                        indebtedness, and secure its obligations by 
                        granting security interests in its property;
                            (vi) publish a magazine, newsletter, and 
                        other publications consistent with such duties;
                            (vii) subpoena an individual the testimony 
                        of whom may be relevant to such duties; and
                            (viii) carry out any other activity, 
                        including the issuance of rules, regulations, 
                        and orders, as the Commission considers 
                        necessary and proper to carry out such duties 
                        or the purposes set forth in subsection (a).
    (e) Advisory Councils.--
            (1) Athlete advisory council.--
                    (A) Establishment.--There is established within the 
                Commission an Athlete Advisory Council to provide 
                advice and information to the Commission.
                    (B) Membership.--The members of the Athlete 
                Advisory Council shall be selected by the Board as 
                follows:
                            (i) 50 percent shall be enrolled college 
                        athletes participating in an intercollegiate 
                        sport.
                            (ii) 50 percent shall be former college 
                        athletes who have graduated from institutions 
                        of higher education.
            (2) Other advisory councils.--There are established within 
        the Commission, for the purpose of providing advice and 
        expertise to the Commission and with inclusion of current 
        college athletes, former college athletes, and athletic 
        administrators--
                    (A) a Health, Wellness, and Safety Advisory 
                Council;
                    (B) an Educational Opportunity Advisory Council;
                    (C) a Labor and Compensation Advisory Council; and
                    (D) a Gender Equity Advisory Council.
            (3) Term.--The term of a member of an advisory council 
        established under this subsection shall be 2 years.
            (4) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Labor and Compensation Advisory 
        Council shall issue a public report that describes potential 
        pathways for college athletes to collectively bargain and form 
        a union.
    (f) Ombudsman for College Athletes.--
            (1) In general.--The Commission shall hire and provide 
        salary, benefits, and administrative expenses for an ombudsman 
        for college athletes (referred to in this subsection as the 
        ``Ombudsman'').
            (2) Duties.--The Ombudsman shall--
                    (A) provide independent advice to college athletes 
                at no cost with respect to--
                            (i) the provisions of this Act;
                            (ii) the constitution and bylaws of the 
                        Commission; and
                            (iii) the resolution of any dispute 
                        relating to the opportunity of a college 
                        athlete to enter into an endorsement contract;
                    (B) assist college athletes in the resolution of 
                any such dispute; and
                    (C) report to the Board and the Athlete Advisory 
                Council on a regular basis.
            (3) Hiring procedures; vacancy; termination.--
                    (A) Hiring procedures.--The procedure for hiring 
                the Ombudsman shall be as follows:
                            (i) The Athlete Advisory Council shall 
                        provide the chair of the Board with the name of 
                        1 qualified individual to serve as Ombudsman.
                            (ii) The chair of the Board shall 
                        immediately transmit the name of such 
                        individual to the Board.
                            (iii) The Board shall hire or not hire such 
                        individual after fully considering the advice 
                        and counsel of the Athlete Advisory Council.
                    (B) Vacancy.--If there is a vacancy in the position 
                of Ombudsman, the nomination and hiring procedure set 
                forth in this paragraph shall be followed in a timely 
                manner.
                    (C) Termination.--The Commission may terminate the 
                employment of an individual serving as Ombudsman only 
                if--
                            (i) the termination is carried out in 
                        accordance with the applicable policies and 
                        procedures of the Commission;
                            (ii) the termination is initially 
                        recommended to the Board by--
                                    (I) a majority of the Board; or
                                    (II) a majority of the Athlete 
                                Advisory Council; and
                            (iii) the Board fully considers the advice 
                        and counsel of the Athlete Advisory Council 
                        before deciding whether to terminate the 
                        employment of such individual.
    (g) Restrictions.--
            (1) Profit and stock.--The Commission may not engage in 
        business for profit or issue stock.
            (2) Political activities.--The Commission shall be 
        nonpolitical and may not promote the candidacy of any 
        individual seeking public office.
    (h) Headquarters, Principal Office, and Meetings.--The Commission 
shall maintain its principal office and national headquarters in a 
location in the United States decided by the Commission. The Commission 
may hold its annual and special meetings in the places decided by the 
Commission.
    (i) Service of Process.--As a condition to the exercise of any 
authority or privilege granted by this section, the Commission shall 
have a designated agent to receive service of process for the 
Commission. Notice to or service on the agent, or mailed to the 
business address of the agent, is notice to or service on the 
Commission.
    (j) Reports.--Not less frequently than annually, the Commission 
shall submit to the Committee on Commerce, Science, and Transportation 
of the Senate, the Committee on Energy and Commerce of the House of 
Representatives, and the President a report that includes--
            (1) the number of disputes resolved by the Commission in 
        the preceding year under subsection (d)(4), and if applicable, 
        a description of such dispute resolutions;
            (2) the number of such disputes filed in the preceding 
        year;
            (3) with respect to a violation of this Act or a standard 
        or rule established under this Act, a summary of the violation 
        and a description of the enforcement action taken by the 
        Commission; and
            (4) recommendations for legislative or administrative 
        action, as the Commission considers appropriate.
    (k) Applicability of the Freedom of Information Act.--The 
provisions of section 552 of title 5, United States Code (commonly 
referred to as the ``Freedom of Information Act''), shall apply to the 
activities, records, and proceedings of the Commission.
    (l) Funding.--Any fee assessed or fine imposed under this Act shall 
be allocated toward funding the Commission and its activities.
    (m) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2023 and 2024.
    (n) Effective Date.--This section shall take effect on the date 
that is 90 days after the date of the enactment of this Act.

SEC. 12. ENFORCEMENT.

    (a) Enforcement by Commission.--
            (1) In general.--The Commission shall carry out enforcement 
        actions for any violation of this Act, or a standard or rule 
        established under this Act, including by--
                    (A) levying fines;
                    (B) imposing penalties, including suspension or a 
                permanent ban of an individual or entity from 
                participation in intercollegiate athletics competition 
                for a period determined by the Commission; and
                    (C) commencing civil actions and seeking all 
                appropriate legal, equitable, or other relief, 
                including damages and injunctions.
            (2) Notice.--With respect to an enforcement action carried 
        out under this subsection, the Commission shall provide to the 
        individual or entity concerned notice of the enforcement action 
        and an opportunity for a hearing.
            (3) Imposition of fines.--With respect to a violation of 
        this Act, or a standard or rule established under this Act, 
        that has damaged or unjustly enriched a regulated party, the 
        Commission shall impose a fine in an amount not less than the 
        value of the damage or unjust enrichment.
            (4) Representation.--The Commission may act in its own name 
        and through its own attorneys--
                    (A) in enforcing any provision of this Act, the 
                standards and rules established under this Act, or any 
                other law or regulation; and
                    (B) in any civil action, suit, or proceeding to 
                which the Commission is a party.
            (5) Compromise of actions.--The Commission may compromise 
        or settle any civil action if such compromise or settlement is 
        approved by the court.
            (6) Forum.--A civil action under this Act may be brought by 
        the Commission in a Federal district court of competent 
        jurisdiction.
            (7) Rule of construction.--An enforcement action carried 
        out by the Commission shall be construed as an enforcement 
        action carried out by the Federal Government, and the Federal 
        Government shall be considered to be exercising political 
        responsibility for such action, regardless of any claim of a 
        State to sovereign immunity under the 11th Amendment to the 
        Constitution of the United States or any other law.
    (b) Institutions of Higher Education.--Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the 
end the following:
            ``(30)(A) The institution will--
                    ``(i) comply, and ensure that all business partners 
                of the institution comply, with the requirements of 
                sections 3, 4, 7, 8, 9, and 10(a) of the College 
                Athletes Bill of Rights; and
                    ``(ii) not participate in any athletic conference 
                or athletic association that fails to comply with such 
                requirements.''.
    (c) Private Right of Action.--A college athlete aggrieved by a 
violation of this Act, or a standard or rule established under this 
Act, may bring a civil action for all appropriate remedies in a Federal 
district court of competent jurisdiction.
    (d) Actions by State.--
            (1) In general.--In any case in which the attorney general 
        of a State, or such other official as the State may designate, 
        has reason to believe that an interest of the residents of such 
        State has been or is threatened or adversely affected by an act 
        or practice in violation of this Act, or a standard or rule 
        established under this Act, the State may bring a civil action 
        on behalf of the residents of the State in an appropriate State 
        court or a district court of the United States that is located 
        in the State and has jurisdiction over the defendant--
                    (A) to enforce compliance with this Act or such 
                standard or rule; and
                    (B) for all appropriate remedies.
            (2) Notice.--
                    (A) In general.--Before filing an action under this 
                subsection or commencing any other administrative or 
                regulatory proceeding to enforce this Act, or a 
                standard or rule established under this Act, the 
                attorney general, official, or agency of the State 
                involved shall provide to the Commission--
                            (i) a written notice of such action or 
                        proceeding; and
                            (ii) a copy of the complaint for such 
                        action or proceeding.
                    (B) Contents of notice.--The written notice 
                required by subparagraph (A) shall include--
                            (i) the identity of the parties;
                            (ii) a description of the alleged facts 
                        underlying the action or proceeding; and
                            (iii) an assessment as to whether there is 
                        a need to coordinate the prosecution of the 
                        action or proceeding so as not to interfere 
                        with any action or proceeding undertaken by the 
                        Commission or a Federal agency.
                    (C) Commission response.--On receiving notice under 
                this paragraph of an action or proceeding under this 
                subsection, the Commission shall have the right--
                            (i) to intervene in the action or 
                        proceeding;
                            (ii) upon so intervening--
                                    (I) to remove the action or 
                                proceeding to the appropriate United 
                                States district court, if the action or 
                                proceeding was not originally brought 
                                there; and
                                    (II) to be heard on all matters 
                                arising in the action or proceeding; 
                                and
                            (iii) to appeal any order or judgment, to 
                        the same extent as any other party in the 
                        proceeding.
            (3) Regulations.--The Commission shall prescribe 
        regulations to implement this subsection and, from time to 
        time, provide guidance to further coordinate actions with State 
        attorneys general and other regulators.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed as altering, limiting, or affecting the authority 
        of a State attorney general or any other regulatory or 
        enforcement agency or authority to bring an action or other 
        regulatory proceeding arising solely under the law in effect in 
        that State.
    (e) Applicability of Sports Agent Responsibility and Trust Act to 
College Athlete Agents.--Sections 3 through 5 of the Sports Agent 
Responsibility and Trust Act (15 U.S.C. 7802-7804) shall apply with 
respect to college athlete agents.
    (f) Sovereign Immunity.--The use or receipt by a State of Federal 
financial assistance for a work-study program under section 3485 of 
title 38, United States Code, shall constitute a waiver of sovereign 
immunity, under the 11th Amendment to the Constitution of the United 
States or any other law, to any suit brought by any college athlete 
aggrieved by a violation of this Act or by any enforcement action 
brought by the Commission, for legal, equitable, or other relief 
(including damages and injunctions) under this Act.

SEC. 13. PREEMPTION.

    No State or political subdivision of a State may establish or 
continue in effect any law or regulation that governs, regulates, or 
abrogates--
            (1) the right of college athletes to be compensated by a 
        third party for use of their name, image, likeness, or athletic 
        reputation;
            (2) the freedom and right of college athletes to secure 
        representation by college athlete agents or group licensing 
        entities;
            (3) the regulation and certification of college athlete 
        agents and group licensing entities; and
            (4) intercollegiate athletics eligibility with respect to--
                    (A) transfers to another institution of higher 
                education; and
                    (B) professional sports drafts.

SEC. 14. RULES OF CONSTRUCTION.

    Nothing in this Act may be construed--
            (1) to preempt, modify, limit, or supersede any State law 
        or regulation relating to attorneys or sports agents or other 
        athlete representatives who are not college athlete agents; or
            (2) to modify or limit the enforcement authority of the 
        Occupational Safety and Health Administration, the Department 
        of Labor, the Department of Education, or any other Federal 
        agency.

SEC. 15. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act 
and the amendments made by this Act, and the application of the 
provision or amendment to any other person or circumstance, shall not 
be affected.
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