I 

116TH CONGRESS 

2D SESSION H. R. 9033 

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

on College Athletics, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2020 

Ms. SCHAKOWSKY (for herself and Mr. COHEN) introduced the following bill; 

which was referred to the Committee on Education and Labor, and in 

addition to the Committee on Energy and Commerce, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

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: 


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1 (1) ATHLETIC DEPARTMENT.—The term ‘‘ath2 letic department’’ means a department at an institu3 tion of higher education responsible for overseeing 

4 one or more athletic programs and related staff. 

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

6 program’’ means a program for a particular inter7 collegiate sport at an institution of higher education. 

8 (3) ATHLETIC REPUTATION.—The term ‘‘ath9 letic reputation’’ means— 

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

11 recognition or fame of the college athlete relat12 ing to the intercollegiate athletic ability, stand13 ing, participation, or performance of the college 

14 athlete; and 

15 (B) with respect to an institution of higher 

16 education, the recognition or fame the institu17 tion of higher education garners from the ath18 letic programs of the institution of higher edu19 cation. 

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

21 athlete’’ means an individual who participates in an 

22 intercollegiate sport for an institution of higher edu23 cation. 

24 (5) COLLEGE ATHLETE AGENT.—The term 

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


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1 defined in section 2 of the Sports Agent Responsi2 bility and Trust Act (15 U.S.C. 7801)) who is cer3 tified in accordance with the standards established 

4 under section 11(d)(1). 

5 (6) COMMERCIAL SPORTS REVENUE ROY6 ALTY.—The term ‘‘commercial sports revenue roy7 alty’’ means funds distributed to a college athlete by 

8 an intercollegiate athletic association under section 

9 5(b)(2). 

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

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

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

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

16 (9) 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 (10) COVERED COMPENSATION.—The term 

2 ‘‘covered compensation’’— 

3 (A) means any payment, remuneration, or 

4 benefit provided by a third party to a college 

5 athlete or a former college athlete; and 

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

8 (11) 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 (12) FUND.—The term ‘‘Fund’’ means the 

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

15 (13) GRANT-IN-AID.—The term ‘‘grant-in16 aid’’— 

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

18 form of financial assistance, including the provi19 sion of tuition, room, board, books, or funds for 

20 fees or personal expenses, that— 

21 (i) is paid or provided by an institu22 tion of higher education to a student for 

23 the student’s undergraduate or graduate 

24 course of study; and 


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1 (ii) is in an amount that does not ex2 ceed the cost of attendance for such stu3 dent at the institution of higher education; 

4 and 

5 (B) does not include covered compensation. 

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

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

8 computer-generated representation that identifies, is 

9 linked to, or is reasonably linkable to the college ath10 lete. 

11 (15) INSTITUTION OF HIGHER EDUCATION.— 

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

13 meaning given the term in section 101 of the Higher 

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

15 (16) INTERCOLLEGIATE ATHLETIC ASSOCIA16 TION.—The term ‘‘intercollegiate athletic associa17 tion’’ means any association, conference, or other 

18 group or organization, including the National Colle19 giate Athletic Association, that— 

20 (A) exercises authority over intercollegiate 

21 athletics; and 

22 (B) is engaged in commerce or in any in23 dustry or activity affecting commerce. 

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


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

2 sport for which the college athlete has a jersey 

3 number, the jersey number associated with the 

4 college athlete and the sport in which the col5 lege athlete participates at a particular institu6 tion of higher education during the period of 

7 the participation of the college athlete in the 

8 sport at the institution of higher education, if 

9 the jersey number is accompanied by— 

10 (i) a logo or color scheme that is 

11 clearly associated with the institution of 

12 higher education; or 

13 (ii) some other means by which the 

14 jersey number is clearly associated with 

15 the particular college athlete; and 

16 (B) with respect to any college athlete or 

17 former college athlete— 

18 (i) the uniquely identifiable voice, 

19 catch phrase, or nickname of the college 

20 athlete; or 

21 (ii) any other trademark that identi22 fies or distinguishes the college athlete. 

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

24 a college athlete, means— 


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

2 that identifies the college athlete; 

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

4 college athlete; or 

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

6 identity the college athlete. 

7 (19) REPORTING YEAR.—The term ‘‘reporting 

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

9 submitted by an institution of higher education 

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

11 1965 (20 U.S.C. 1092(g)). 

12 (20) THIRD PARTY.—The term ‘‘third party’’ 

13 means an individual or entity other than an institu14 tion of higher education, a conference, or an inter15 collegiate athletic association. 

16 SEC. 3. COLLEGE ATHLETE RIGHTS AND PROTECTIONS. 

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

18 ATHLETIC REPUTATION.— 

19 (1) IN GENERAL.—Subject to a limitation pur20 suant to paragraph (3), an institution of higher edu21 cation, an intercollegiate athletic association, or a 

22 conference may not restrict the ability of college ath23 letes, individually or as a group, to market the use 

24 of their names, images, likenesses, or athletic rep25 utations. 


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

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

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

4 to sell or promote any product unless the person ob5 tains a license from the group for that purpose. 

6 (3) CERTAIN STATE LIMITATIONS PER7 MITTED.— 

8 (A) IN GENERAL.—Notwithstanding para9 graph (1), a State may prohibit college athletes 

10 residing in the State from entering into en11 dorsement contracts with entities in a par12 ticular industry if the State also prohibits insti13 tutions of higher education located in the State 

14 from entering into agreements with such enti15 ties. 

16 (B) NOTIFICATION OF COLLEGE ATH17 LETES.—An institution of higher education 

18 shall provide to each college athlete enrolled at 

19 the institution of higher education a list of enti20 ties with which institutions of higher education 

21 and college athletes are prohibited from enter22 ing into endorsement contracts pursuant to sub23 paragraph (A). 

24 (4) INSTITUTION OF HIGHER EDUCATION

25 AGREEMENTS WITH THIRD PARTIES.—In conjuncVerDate Sep 11 2014 00:51 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9033.IH H9033

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1 tion with an endorsement contract of a college ath2 lete enrolled at a particular institution of higher 

3 education, such institution of higher education may 

4 enter into a separate agreement with the third party 

5 concerned for the intellectual property rights or the 

6 name, image, likeness, or athletic reputation rights 

7 of the institution of higher education, including the 

8 use of the logos and team uniforms of the institution 

9 of higher education, if— 

10 (A) the third party provides directly to the 

11 college athlete concerned covered compensation 

12 pursuant to the endorsement contract; and 

13 (B) the agreement between the institution 

14 of higher education and the third party is not 

15 initiated or coordinated by the institution of 

16 higher education. 

17 (5) INSTITUTION-SPONSORED COMPETITION

18 AND PRACTICES.— 

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

20 subparagraph (B), an institution of higher edu21 cation may require a college athlete to use, dur22 ing a competition or practice sponsored by the 

23 institution of higher education, apparel selected 

24 by the institution of higher education. 

25 (B) EXCEPTIONS.— 


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1 (i) ACTIVITIES OTHER THAN MANDA2 TORY TEAM ACTIVITIES.—An institution of 

3 higher education may not prohibit, and 

4 may not enter into a contract that pro5 hibits, a college athlete from carrying out 

6 activities pursuant to an endorsement con7 tract during a period in which the college 

8 athlete is not engaged in a mandatory 

9 team activity. 

10 (ii) FOOTWEAR.—An institution of 

11 higher education may not prohibit or dis12 courage a college athlete from wearing 

13 footwear of his or her choice during man14 datory team activities, unless the footwear 

15 has lights, reflective fabric, or poses a 

16 health risk to the college athlete. 

17 (6) TREATMENT OF COMPENSATION, BENEFITS, 

18 OR ROYALTIES PROVIDED TO COLLEGE ATHLETES.— 

19 Covered compensation or commercial sports revenue 

20 royalties— 

21 (A) shall not be considered financial aid by 

22 any institution of higher education, intercolle23 giate athletic association, conference, or third 

24 party; and 


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

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

3 1087vv(j)), shall not be included as financial as4 sistance for purposes of determining a student’s 

5 eligibility for financial assistance under title IV 

6 of the Higher Education Act of 1965 (20 

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

8 (b) RIGHT TO COMPENSATION FOR EXPENSES.— 

9 (1) IN GENERAL.—An institution of higher edu10 cation, an intercollegiate athletic association, or a 

11 conference may not restrict the ability of a college 

12 athlete to receive payment from any source for— 

13 (A) transportation, room, or board for one 

14 or more friends or family members of the col15 lege athlete during any period in which the col16 lege athlete is addressing a physical or mental 

17 health concern or participating in intercollegiate 

18 athletics competition; 

19 (B) necessities, including food, shelter, 

20 medical coverage, and medical expenses; or 

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

22 any other incidental expense that is not other23 wise provided by an institution of higher edu24 cation. 

25 (2) GRANTS-IN-AID GUARANTEES.— 


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1 (A) Receipt of covered compensation pur2 suant to an endorsement contract shall not ad3 versely affect— 

4 (i) a college athlete’s eligibility or op5 portunity to apply for a grant-in-aid; or 

6 (ii) the amount, duration, or renewal 

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

8 (B) LIMITATION ON REVOCATION.—An in9 stitution of higher education may not revoke or 

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

11 the college athlete having entered into an en12 dorsement contract. 

13 (c) RIGHT TO AGENT REPRESENTATION.— 

14 (1) IN GENERAL.—An institution of higher edu15 cation, an intercollegiate athletic association, or a 

16 conference may not restrict the ability of a college 

17 athlete to obtain agent representation with respect 

18 to an endorsement contract, including— 

19 (A) representation provided by college ath20 lete agents, group licensing entities, and finan21 cial advisors; and 

22 (B) legal representation by attorneys. 

23 (2) PREVENTING CONFLICTS OF INTEREST.— 

24 An institution of higher education, an intercollegiate 

25 athletic association, or a conference, or a business 


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1 partner of an institution of higher education, an 

2 intercollegiate athletic association, or a conference 

3 may not— 

4 (A) represent college athletes in endorse5 ment contracts; 

6 (B) regulate the representation of college 

7 athletes with respect to endorsement contracts; 

8 or 

9 (C) engage in the certification of individ10 uals for such representation. 

11 (d) RIGHT TO TRANSFER.— 

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

13 his or her right to transfer from one institution of 

14 higher education to another notwithstanding any 

15 contract to which a college athlete is a party or na16 tional letter of intent signed by the college athlete. 

17 (2) LIMITATION ON TRANSFER PENALTIES.— 

18 Institutions of higher education, intercollegiate ath19 letic associations, and conferences shall allow a col20 lege athlete to transfer from one institution of high21 er education to another without losing grant-in-aid 

22 opportunities or eligibility for intercollegiate athletics 

23 if— 


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1 (A) not less than 7 days before transfer2 ring, the college athlete provides to his or her 

3 athletic director notice of intent to transfer; and 

4 (B) the transfer does not occur during— 

5 (i) the season of the sport of the col6 lege athlete; or 

7 (ii) the 45-day period preceding the 

8 date on which such season commences. 

9 (3) INDUCEMENTS TO TRANSFER PROHIB10 ITED.— 

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

12 education, an intercollegiate athletic association, 

13 or a conference may not offer or provide to a 

14 college athlete any compensation or benefit 

15 (other than grant-in-aid) that is— 

16 (i) conditioned on the college athlete 

17 transferring to a particular institution of 

18 higher education; or 

19 (ii) intended to induce the college ath20 lete to transfer to a particular institution 

21 of higher education. 

22 (B) CAMPUS TOURS.—Notwithstanding 

23 subparagraph (A), an institution of higher edu24 cation, an intercollegiate athletic association, or 

25 a conference may provide a college athlete with 


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1 reimbursement for expenses relating to campus 

2 tours or visits. 

3 (e) RIGHT TO ENTER PROFESSIONAL SPORTS

4 DRAFTS.—An institution of higher education, an inter5 collegiate athletic association, or a conference may not 

6 prevent the participation of a college athlete in intercolle7 giate athletics based on the college athlete having entered 

8 into a professional sports draft if the college athlete— 

9 (1) does not receive compensation, directly or 

10 indirectly, from a professional sports league; and 

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

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

13 his or her intent to forgo participation in the profes14 sional league. 

15 (f) RIGHT TO FULL PARTICIPATION IN INTERCOLLE16 GIATE ATHLETICS COMPETITION.—An institution of high17 er education, an intercollegiate athletic association, a con18 ference, or a State may not maintain or enforce any rule, 

19 requirement, standard, condition, or other limitation that 

20 prevents the full participation of a college athlete in inter21 collegiate athletics competition based on the college athlete 

22 having— 

23 (1) entered into an endorsement contract; or 

24 (2) obtained representation described in sub25 section (c)(1). 


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1 (g) ADDITIONAL PROTECTIONS.—An institution of 

2 higher education, an intercollegiate athletic association, or 

3 a conference may not— 

4 (1) arrange an endorsement contract on behalf 

5 of a college athlete; 

6 (2) impose on college athletes restrictions on 

7 speech that are more stringent than restrictions on 

8 speech imposed on students enrolled at the institu9 tion of higher education who are not college athletes; 

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

11 other punishment that does not apply equally to 

12 other students enrolled in the institution of higher 

13 education; 

14 (4) coordinate or cooperate with any other insti15 tution of higher education, intercollegiate athletic as16 sociation, or conference to limit or determine the 

17 amount of payment offered to a college athlete under 

18 an endorsement contract; or 

19 (5) eliminate the funding of an athletic pro20 gram unless all other options for reducing the ex21 penses of the athletic program, including reducing 

22 coach salaries and administrative and facility ex23 penses, are not feasible. 

24 SEC. 4. PENALTIES FOR VIOLATIONS. 

25 (a) INSTITUTIONS OF HIGHER EDUCATION.— 


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1 (1) INDIVIDUALS.—An individual associated 

2 with an institution of higher education who is found, 

3 after an investigation by the Commission, to have fa4 cilitated a violation of section 3 shall be— 

5 (A) suspended from working at an institu6 tion of higher education for a period of not less 

7 than 1 year; 

8 (B) suspended from working at an institu9 tion of higher education for a period of not less 

10 than 5 years; or 

11 (C) permanently banned from working at 

12 an institution of higher education. 

13 (2) INSTITUTIONS.— 

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

15 education found to be in violation of section 3, 

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

17 be assessed a civil penalty that is the greater 

18 of— 

19 (i) the amount equal to 15 percent of 

20 the total athletic revenue generated by the 

21 institution of higher education in the pre22 ceding academic year; or 

23 (ii) $200,000. 

24 (B) COORDINATION OR COOPERATION.— 

25 An institution of higher education found to be 


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

2 a civil penalty that is the greater of— 

3 (i) the amount equal to 20 percent of 

4 the total athletic revenue generated by the 

5 institution of higher education in the pre6 ceding academic year; or 

7 (ii) $250,000. 

8 (b) INTERCOLLEGIATE ATHLETIC ASSOCIATIONS AND

9 CONFERENCES.— 

10 (1) INDIVIDUALS.—An individual associated 

11 with an intercollegiate athletic association or a con12 ference found to be primarily responsible for a viola13 tion of section 3 shall be banned or suspended from 

14 participation in intercollegiate athletics for a period 

15 of not less than 2 years. 

16 (2) INTERCOLLEGIATE ATHLETIC ASSOCIATIONS

17 AND CONFERENCES.— 

18 (A) IN GENERAL.—An intercollegiate ath19 letic association or a conference found to be in 

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

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

22 of $250,000. 

23 (B) INTERFERENCE WITH RIGHT TO

24 TRANSFER.—An intercollegiate athletic associa25 tion or a conference found to be in violation of 


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

2 $100,000. 

3 (c) RECOMMENDATIONS FOR GREATER PEN4 ALTIES.—The Commission may impose a penalty greater 

5 than a penalty described in this section. 

6 SEC. 5. REVENUE SHARING. 

7 (a) DEFINITIONS.— 

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

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

10 a particular sport, the maximum number of athletic 

11 grant-in-aid scholarships an institution of higher 

12 education can award to college athletes in the sport, 

13 as prescribed by an intercollegiate athletic associa14 tion. 

15 (2) COMMERCIAL SPORTS NIL REVENUE.— 

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

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

18 an athletic program, means the amount of total 

19 annual revenue generated from the athletic pro20 gram at an institution of higher education. 

21 (B) USE OF PREVIOUSLY REPORTED

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

23 institution of higher education required to sub24 mit an annual report under section 485(g) of 

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


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1 1092(g)) shall use the amounts described in 

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

3 recent report to determine the commercial 

4 sports NIL revenue for each athletic program. 

5 (3) COVERED SPORTS TEAM.—The term ‘‘cov6 ered sports team’’ means an athletic program that 

7 participates in a division or subdivision for which 50 

8 percent of the total commercial sports NIL revenue 

9 of every institution of higher education that partici10 pates in the division or subdivision is greater than 

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

12 institutions of higher education to eligible college 

13 athletes that participate in athletic programs in that 

14 division or subdivision. 

15 (4) DIVISION OR SUBDIVISION.—The term ‘‘di16 vision or subdivision’’ means a division or subdivi17 sion, such as the Football Championship Subdivision 

18 or the Football Bowl Subdivision, of a particular 

19 type of athletic program. 

20 (5) ELIGIBLE COLLEGE ATHLETE.—The term 

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

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

23 education attended by the college athlete. 

24 (b) ROYALTY PAYMENTS.— 


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1 (1) PAYMENTS TO INTERCOLLEGIATE ATHLETIC

2 ASSOCIATIONS.—Not later than the first July 15 oc3 curring after the date that is 1 year after the date 

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

5 an intercollegiate athletic association that has gov6 erning authority over a covered sports team is re7 quired to distribute commercial sports revenue royal8 ties to eligible college athletes that participate in the 

9 division or subdivision of the covered sports team 

10 under paragraph (2), the institution of higher edu11 cation associated with the covered sports team shall 

12 transfer to the intercollegiate athletic association— 

13 (A) regardless of whether the institution of 

14 higher education awards any grant-in-aid to col15 lege athletes that participate on the covered 

16 sports team— 

17 (i) 50 percent of such commercial 

18 sports NIL revenue; minus 

19 (ii) the amount of grant-in-aid the in20 stitution of higher education awards to eli21 gible college athletes that participate on 

22 the covered sports team; 

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

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1 ered sports team is more than 50 percent of the 

2 commercial sports NIL revenue generated by 

3 the covered sports team, the institution of high4 er education shall transfer a percentage of such 

5 commercial sports NIL revenue determined by 

6 the Commission after calculating average con7 tributions made by institutions of higher edu8 cation of a similar size; and 

9 (C) a list of the eligible college athletes 

10 that participate on the covered sports team. 

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

12 the first August 15 occurring after the date that is 

13 1 year after the date of enactment of this Act, and 

14 annually thereafter, an intercollegiate athletic asso15 ciation that has governing authority over a covered 

16 sports team shall, if practicable, distribute among 

17 every eligible college athlete that participates in the 

18 division or subdivision in which the covered sports 

19 team participates— 

20 (A) the total commercial sports NIL rev21 enue received from institutions of higher edu22 cation under paragraph (1) on account of a cov23 ered sports team that participates in the divi24 sion or subdivision; divided by 


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1 (B) the number of eligible college athletes 

2 that participate in the division during the appli3 cable reporting year. 

4 (3) DELIVERY OF ROYALTIES.—An intercolle5 giate athletic association may distribute a commer6 cial sports revenue royalty to an eligible college ath7 lete under this subsection— 

8 (A) directly; or 

9 (B) upon the request of the eligible college 

10 athlete, through the licensing group of the eligi11 ble college athlete. 

12 (c) TRANSPARENCY.— 

13 (1) INSTITUTIONS OF HIGHER EDUCATION.— 

14 Not later than the first July 31 occurring after the 

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

16 this Act, and annually thereafter, an institution of 

17 higher education shall make public and disclose to 

18 the college athletes of the institution of higher edu19 cation— 

20 (A) the commercial sports NIL revenue 

21 generated by each athletic program of the insti22 tution of higher education; and 

23 (B) if the institution of higher education 

24 has one or more covered sports teams, the 

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1 ties distributed to each eligible college athlete 

2 on each covered sports team. 

3 (2) INTERCOLLEGIATE ATHLETIC ASSOCIA4 TIONS.—Not later than the first July 31 occurring 

5 after the date that is 1 year after the date of enact6 ment of this Act, and annually thereafter, an inter7 collegiate athletic association that distributes com8 mercial sports revenue royalties shall make public 

9 the amount of the commercial sports revenue royal10 ties distributed by the intercollegiate athletic asso11 ciation, organized by institution of higher education 

12 and sport. 

13 (d) CONFORMING AMENDMENT.—Section 

14 485(g)(1)(F) of the Higher Education Act of 1965 (20 

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

16 that an institution may also report such revenues by indi17 vidual team’’ and inserting ‘‘, in the aggregate and 

18 disaggregated by individual team’’. 

19 SEC. 6. MEDICAL EXPENSES FOR SPORTS-RELATED INJU20 RIES AND HEALTH CARE SERVICES FOR COL21 LEGE ATHLETES. 

22 (a) MEDICAL TRUST FUND.— 

23 (1) ESTABLISHMENT.—The Commission shall 

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


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

2 expenses relating to any sports-related injury; 

3 and 

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

5 the date on which an individual ceases to be a 

6 college athlete, the out-of-pocket expenses relat7 ing to any sports-related injury or illness suf8 fered by such individual while the individual 

9 was a college athlete; 

10 (B) medical expenses for college athletes 

11 and former college athletes diagnosed with cer12 tain sports-related conditions, including chronic 

13 traumatic encephalopathy; and 

14 (C) independent medical second opinions 

15 for college athletes. 

16 (2) CONTRIBUTIONS.— 

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

18 each year, institutions of higher education with 

19 athletic departments shall make contributions 

20 to the Fund as follows: 

21 (i) REVENUE UNDER $20,000,000.—An 

22 institution of higher education the athletic 

23 department of which generated less than 

24 $20,000,000 in total revenue during the 


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1 preceding reporting year shall contribute 

2 2.5 percent of such revenue to the Fund. 

3 (ii) REVENUE $20,000,000 OR GREAT4 ER.—An institution of higher education 

5 the athletic department of which generated 

6 $20,000,000 or more in total revenue dur7 ing the preceding reporting year shall con8 tribute 4 percent of such revenue to the 

9 Fund. 

10 (B) PENALTY FOR NONCOMPLIANCE.— 

11 (i) IN GENERAL.—An institution of 

12 higher education that fails to make a time13 ly contribution required by subparagraph 

14 (A) shall— 

15 (I) make the delinquent contribu16 tion retroactively; and 

17 (II) be assessed— 

18 (aa) interest on such con19 tribution at a rate of 10 percent 

20 annually; and 

21 (bb) a civil penalty that is 

22 the greater of— 

23 (AA) for each academic 

24 year concerned, the amount 

25 equal to 20 percent of the 


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1 total athletic revenue gen2 erated by the institution of 

3 higher education; or 

4 (BB) $200,000. 

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

6 delinquent contribution, the Commission 

7 may waive the applicability of clause (i) on 

8 request by the institution of higher edu9 cation concerned if the institution of high10 er education makes the delinquent pay11 ment not later than August 7 of the year 

12 in which the payment was due. 

13 (b) PHYSICAL EXAMINATIONS.—Before the expira14 tion of eligibility for intercollegiate athletics, a college ath15 lete shall be offered the opportunity to undergo a physical 

16 examination for the purpose of diagnosing any sports-re17 lated injury or condition. 

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

19 the right to obtain a medical second opinion independent 

20 from the medical opinion given by the institution of higher 

21 education at which the college athlete is enrolled. 

22 (d) TRAINERS AND MEDICAL PERSONNEL.—Any 

23 sports trainer or medical personnel employed by an insti24 tution of higher education shall— 


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1 (1) be employed by the health office of the in2 stitution of higher education; and 

3 (2) operate independently from the athletic de4 partment. 

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

6 (a) ESTABLISHMENT OF STANDARDS.— 

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

8 after the date of the enactment of this Act, the Sec9 retary of Health and Human Services (referred to in 

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

11 the Director of the Centers for Disease Control and 

12 Prevention, shall establish health, wellness, and safe13 ty guidelines for intercollegiate athletic programs. 

14 (2) CONSULTATION AND CONSIDERATIONS.—In 

15 developing the standards under paragraph (1), the 

16 Secretary shall— 

17 (A) consult with the Sports Science Insti18 tute of the National Collegiate Athletic Associa19 tion; and 

20 (B) consider existing guidelines of relevant 

21 nonprofit entities, such as the National Colle22 giate Athletic Association, conferences, profes23 sional sports leagues, the National Athletic 

24 Trainers Association, and college athlete advo25 cacy communities. 


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1 (3) CONTENT.—The guidelines established 

2 under paragraph (1) shall address— 

3 (A) cardiac health; 

4 (B) concussion and traumatic brain inju5 ries; 

6 (C) illegal performance enhancers and sub7 stance abuse; 

8 (D) mental health; 

9 (E) nutrition, sleep, and performance; 

10 (F) overuse injuries, periodization, and 

11 heat-related illnesses; 

12 (G) sexual assault and interpersonal vio13 lence; 

14 (H) athletics health care administration; 

15 (I) weight and pain management; 

16 (J) Rhabdomyolysis; 

17 (K) sickle cell trait; 

18 (L) asthma; and 

19 (M) such other topics as the Secretary de20 termines appropriate. 

21 (b) ROUTINE COMPLIANCE AUDITS.—Not less fre22 quently than monthly, the Commission shall conduct an 

23 audit of athletic programs to verify compliance with the 

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

25 (c) PENALTIES.— 


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

2 primarily responsible for noncompliance with a 

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

4 threatening or retaliating against any individual or 

5 entity that reports such noncompliance, shall be sub6 ject to a lifetime ban on involvement with intercolle7 giate athletics. 

8 (2) INSTITUTIONS OF HIGHER EDUCATION.—An 

9 institution of higher education found to be in non10 compliance with a guideline established under sub11 section (a)(1) shall be assessed, for each academic 

12 year in which the noncompliance occurred, a civil 

13 penalty in the amount equal to 30 percent of the 

14 total athletic revenue generated by the institution of 

15 higher education. 

16 SEC. 8. COLLEGE ATHLETES’ RIGHT TO EDUCATIONAL OUT17 COMES. 

18 (a) ENSURING COLLEGE ATHLETES’ RIGHT TO EDU19 CATIONAL OUTCOMES.— 

20 (1) GUARANTEE OF SCHOLARSHIPS.— 

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

22 subparagraph (C), an institution of higher edu23 cation that provides an individual with a college 

24 athlete scholarship for an academic year shall 

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1 scribed in subparagraph (B) for each subse2 quent academic year— 

3 (i) in which the individual is enrolled 

4 at the institution and until the individual 

5 receives an undergraduate degree from 

6 such institution; and 

7 (ii) without regard to whether the in8 dividual is playing an intercollegiate sport 

9 for the institution during any such subse10 quent year. 

11 (B) AMOUNT.—A scholarship awarded to 

12 an individual for a subsequent year in accord13 ance with subparagraph (A) shall be in an 

14 amount equal to the scholarship provided to the 

15 individual for the preceding year, increased by 

16 the rate of inflation for the preceding year. 

17 (C) EXCEPTIONS.—The requirements of 

18 subparagraph (A) shall not apply if an indi19 vidual— 

20 (i) is found by the institution to have 

21 committed academic fraud or other mis22 conduct that would ordinarily result in ex23 pulsion; or 


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1 (ii) earns a grade point average of less 

2 than 2.20 on a 4-point scale, or the equiva3 lent, for 2 or more consecutive semesters. 

4 (D) DEFINITION OF COLLEGE ATHLETE

5 SCHOLARSHIP.—In this paragraph, the term 

6 ‘‘college athlete scholarship’’ means a scholar7 ship provided by an institution of higher edu8 cation for an academic year to an individual 

9 who has agreed to be a college athlete for the 

10 institution for such academic year. 

11 (2) REQUIREMENTS FOR ACADEMIC ADVISING

12 AND TUTORING.—Any academic advisor or tutoring 

13 services provided to a college athlete by an institu14 tion of higher education shall be independent from 

15 the athletic department of the institution of higher 

16 education. 

17 (3) NO INFLUENCE OR RETALIATION FOR

18 COURSEWORK.—An individual working or volun19 teering for an athletic department of an institution 

20 of higher education may not influence, or retaliate 

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

22 selection of any course or academic major. 

23 (4) NO INTERFERENCE IN

24 EXTRACURRICULARS.—An individual working for an 

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1 cation shall not interfere with, or discourage, any 

2 college athlete who wishes to secure employment or 

3 internships, participate in student groups or events, 

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

5 not interfere with mandatory class time or manda6 tory team activities. 

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

8 found to be in violation of subsection (a), or to have per9 mitted the work or volunteering of an individual who vio10 lated such subsection, shall be assessed, for each indi11 vidual harmed by the violation, a civil penalty of $75,000. 

12 SEC. 9. FINANCIAL LITERACY AND LIFE SKILLS DEVELOP13 MENT PROGRAM. 

14 (a) IN GENERAL.—Each institution of higher edu15 cation shall— 

16 (1) offer a financial literacy and life skills devel17 opment program described in subsection (b); and 

18 (2) require every college athlete enrolled in the 

19 institution of higher education to attend the pro20 gram during the college athlete’s first year of en21 gagement in an intercollegiate sport. 

22 (b) FINANCIAL LITERACY AND LIFE SKILLS DEVEL23 OPMENT PROGRAM.— 


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

2 life skills development program offered under sub3 section (a) shall— 

4 (A) be not less than 15 hours in total du5 ration across sessions; 

6 (B) be eligible for postsecondary credit, 

7 consistent with the credit allocation guidelines 

8 of the institution of higher education; and 

9 (C) include, at a minimum, information re10 garding— 

11 (i) the rights of college athletes under 

12 this Act; and 

13 (ii) time management skills, personal 

14 budgeting, debt, credit, and interest rates. 

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

16 skills development program offered under subsection 

17 (a) may not include any marketing, advertising, re18 ferral, or solicitation by providers of financial prod19 ucts or services. 

20 SEC. 10. REPORTING AND ACCOUNTABILITY. 

21 (a) ANNUAL REPORTING BY INSTITUTIONS OF HIGH22 ER EDUCATION.— 

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

24 the date on which an academic year ends, each insti25 tution of higher education with one or more athletic 


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1 programs shall submit to the Commission a report 

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

3 (A) The revenues and expenditures of each 

4 athletic program, including booster donations 

5 and compensation for athletic program per6 sonnel, disclosed under section 5(c)(1). 

7 (B) The average number of hours college 

8 athletes enrolled at the institution of higher 

9 education spent on athletic activities, including 

10 mandatory and voluntary team activities, and 

11 team travel, disaggregated by athletic program. 

12 (C) The academic outcomes for college ath13 letes enrolled at the institution of higher edu14 cation, disaggregated by athletic program, race 

15 and ethnicity, and gender. 

16 (2) PENALTIES FOR NONCOMPLIANCE.—An in17 stitution of higher education that fails to timely sub18 mit a report under paragraph (1), or intentionally 

19 submits an inaccurate report, as determined by the 

20 Commission, shall be assessed a civil penalty that is 

21 the greater of— 

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

23 total athletic revenue generated by the institu24 tion of higher education; or 

25 (B) $200,000. 


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1 (b) COMMISSION DATABASE.—The Commission shall 

2 maintain a publicly accessible, searchable database that 

3 contains the information provided in each annual report 

4 submitted under subsection (a)(1). 

5 SEC. 11. COMMISSION ON COLLEGE ATHLETICS. 

6 (a) ESTABLISHMENT.—There is established a com7 mission, to be known as the ‘‘Commission on College Ath8 letics’’, for the following purposes: 

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

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

11 (2) To protect the economic interests of college 

12 athletes. 

13 (3) To ensure that agents of college athletes 

14 faithfully represent the interests of college athletes. 

15 (4) To enforce this Act and the standards es16 tablished under subsection (d)(1) in a manner ade17 quate to deter such violations. 

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

19 of college athletes. 

20 (b) ORGANIZATION.— 

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

22 federally chartered corporation, governed by a board 

23 of directors, and entrusted with the constitutional 

24 duty to take care that the laws be faithfully exe25 cuted. 


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1 (2) PERPETUAL EXISTENCE.—Except as other2 wise provided in subsection (n), the Commission has 

3 perpetual existence. 

4 (3) STATUS.—The Commission is not an agen5 cy (as defined in section 551 of title 5, United 

6 States Code). 

7 (4) CONSTITUTION AND BYLAWS.—The Com8 mission shall adopt a constitution and bylaws that 

9 reflect the rights and protections set forth in this 

10 Act. 

11 (c) BOARD OF DIRECTORS.— 

12 (1) COMPOSITION.— 

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

14 of the Commission (referred to in this section 

15 as the ‘‘Board’’) shall be comprised of 9 mem16 bers, who, subject to subparagraphs (B) 

17 through (E), shall be appointed by the Presi18 dent, by and with the advice and consent of the 

19 Senate. 

20 (B) DIVERSITY.—The appointment of 

21 members of the Board shall be coordinated to 

22 ensure diversity among such members. 

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

24 members of the Board may be appointed from 

25 the same political party. 


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1 (D) REQUIREMENTS.— 

2 (i) IN GENERAL.—Each member ap3 pointed under subparagraph (A) shall have 

4 achieved distinction in his or her respective 

5 professional field. 

6 (ii) REPRESENTATION.—The members 

7 of the Board shall be representatives of 

8 former college athletes, professional fields, 

9 and members of the public as follows: 

10 (I) Not fewer than 5 members 

11 filling the designated categories de12 scribed in subclauses (II) through 

13 (IX) shall be former college athletes 

14 who have graduated from an institu15 tion of higher education. 

16 (II) 1 member shall have exper17 tise in sports, contracts, and publicity 

18 rights law. 

19 (III) 1 member shall have exper20 tise in constitutional law with respect 

21 to the freedom of speech. 

22 (IV) 1 member shall have exper23 tise in communications. 

24 (V) 1 member shall be a certified 

25 public accountant with expertise in 


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1 corporate financial audits and cor2 porate compliance investigations. 

3 (VI) 1 member shall have exper4 tise in arbitration. 

5 (VII) 1 member shall have exper6 tise in sports economics. 

7 (VIII) 1 member shall have ex8 pertise in civil rights law and compli9 ance with title IX of the Education 

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

11 1681 et seq.). 

12 (IX) 2 members shall have exper13 tise in health, wellness, and safety in 

14 sports. 

15 (E) INDEPENDENCE.— 

16 (i) IN GENERAL.—An individual who 

17 is employed by an institution of higher 

18 education, serves on the governing body of 

19 an institution of higher education, or re20 ceives compensation from an athletic pro21 gram of an institution of higher education, 

22 an intercollegiate athletic association, or a 

23 conference, including a commissioner or an 

24 administrator of such an athletic program, 

25 an intercollegiate athletic association, or a 


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1 conference, may not serve as a member of 

2 the Board. 

3 (ii) FORMER COMMISSIONERS AND AD4 MINISTRATORS.—A former commissioner 

5 or administrator of an athletic program of 

6 an institution of higher education, an 

7 intercollegiate athletic association, or a 

8 conference shall not be eligible to serve on 

9 the Board. 

10 (2) TERMS; VACANCIES.— 

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

12 be appointed for a term of 5 years, except 

13 that— 

14 (i) the Chair shall be appointed for a 

15 term of 2 years; and 

16 (ii) of the other members first ap17 pointed— 

18 (I) 4 members shall be appointed 

19 for a term of 5 years; 

20 (II) 3 members shall be ap21 pointed for a term of 4 years; and 

22 (III) 2 members shall be ap23 pointed for a term of 3 years. 

24 (B) VACANCIES.— 


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1 (i) IN GENERAL.—A vacancy on the 

2 Board shall be filled in the manner in 

3 which the original appointment was made 

4 and shall be subject to any condition that 

5 applied with respect to the original ap6 pointment. 

7 (ii) FILLING UNEXPIRED TERM.—An 

8 individual chosen to fill a vacancy shall be 

9 appointed for the unexpired term of the 

10 member replaced. 

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

12 any member shall not expire before the date on 

13 which the member’s successor takes office. 

14 (3) CHAIR.— 

15 (A) INITIAL APPOINTMENT.—The first 

16 chair of the Board shall be appointed by the 

17 President. 

18 (B) SUBSEQUENT APPOINTMENTS.—Any 

19 subsequent chair of the Board shall be elected 

20 by a majority of the members of the Board. 

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

22 after the date on which the majority of members 

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

24 Board shall hold an initial meeting. 


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

2 Board shall constitute a quorum. 

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

4 be compensated at a rate not to exceed the highest 

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

6 level IV of the Executive Schedule under section 

7 5315 of title 5, United States Code. 

8 (d) DUTIES AND AUTHORITY.— 

9 (1) ESTABLISHMENT OF STANDARDS.— 

10 (A) ENDORSEMENT CONTRACTS.—The 

11 Commission shall establish standards with re12 spect to endorsement contracts. 

13 (B) CERTIFICATION OF COLLEGE ATHLETE

14 AGENTS.— 

15 (i) IN GENERAL.—The Commission 

16 shall establish standards with respect to— 

17 (I) registration and annual cer18 tification of— 

19 (aa) college athlete agents; 

20 and 

21 (bb) agencies and entities 

22 that represent college athletes; 

23 (II) revocation of such certifi24 cation; and 


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1 (III) agency fees charged by col2 lege athlete agents. 

3 (ii) RECOGNITION OF THE COMMIS4 SION AS COLLEGE ATHLETE AGENT CER5 TIFICATION BODY.—Section 3 of the 

6 Sports Agent Responsibility and Trust Act 

7 (15 U.S.C. 7802) is amended by adding at 

8 the end the following: 

9 ‘‘(c) RECOGNITION OF THE COMMISSION ON COL10 LEGE ATHLETICS AS CERTIFICATION BODY.—The Com11 mission on College Athletics established by section 11 of 

12 the College Athletes Bill of Rights shall— 

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

14 athlete agents; and 

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

16 and procedures with respect to the registration and 

17 annual certification of athlete agents.’’. 

18 (iii) EDUCATIONAL REQUIREMENTS

19 FOR COLLEGE ATHLETE AGENTS.—The 

20 Commission may not establish a standard 

21 requiring college athlete agents to attain a 

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

23 a graduate degree from an institution of 

24 higher education. 


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1 (C) HEALTH, WELLNESS, AND SAFETY.— 

2 The Commission shall establish standards with 

3 respect to the health, wellness, and safety of 

4 college athletes consistent with the guidelines 

5 established by the Secretary of Health and 

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

7 (D) PURPOSES OF COMMISSION GOV8 ERNING STANDARDS.—In establishing the 

9 standards under this paragraph, the Commis10 sion shall ensure that such standards effectuate 

11 the purposes of the Commission set forth in 

12 subsection (a). 

13 (2) DEVELOPMENT OF EDUCATIONAL MATE14 RIALS.— 

15 (A) IN GENERAL.—The Commission shall 

16 develop and disseminate educational materials 

17 relating to endorsement contracts for college 

18 athletes, institutions of higher education, inter19 collegiate athletic associations, and conferences. 

20 (B) DISSEMINATION OF INFORMATION.— 

21 The member of the Board described in sub22 section (c)(1)(D)(ii)(IV) shall be responsible for 

23 disseminating such educational materials. 

24 (3) REPORTING MECHANISM.— 


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1 (A) IN GENERAL.—The Commission shall 

2 establish and maintain a dedicated telephone 

3 hotline and an online portal by which college 

4 athletes may report— 

5 (i) instances of improper conduct; and 

6 (ii) noncompliance with guidelines es7 tablished under section 7(a)(1). 

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

9 after receiving a report from a college athlete 

10 regarding an instance of improper conduct or 

11 noncompliance with such guidelines, the Com12 mission shall— 

13 (i) determine whether an investigation 

14 is warranted; and 

15 (ii) provide to the college athlete noti16 fication of the determination made under 

17 clause (i), together with a justification for 

18 such determination. 

19 (C) PROTECTION FROM RETALIATION.—A 

20 college athlete who makes a report under this 

21 paragraph shall be protected from threats and 

22 retaliation. 

23 (4) RESOLUTION OF DISPUTES.— 

24 (A) IN GENERAL.—The Commission shall 

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1 olution of conflicts relating to endorsement con2 tracts through a dispute resolution process for 

3 college athletes, institutions of higher education, 

4 intercollegiate athletic associations, and con5 ferences. 

6 (B) PROCEDURE.— 

7 (i) IN GENERAL.—With respect to a 

8 dispute resolution process referred to in 

9 subparagraph (A), the Commission shall— 

10 (I) provide to applicable individ11 uals or entities notice and an oppor12 tunity for a hearing; and 

13 (II) select an arbitrator, who 

14 shall make a decision on resolution of 

15 the dispute. 

16 (ii) APPEAL.—A party to such a dis17 pute resolution process may appeal the de18 cision of the arbitrator to the Commission, 

19 which may— 

20 (I) review the decision; and 

21 (II) issue a final decision. 

22 (5) ASSESSMENT OF FEES.— 

23 (A) ANNUAL AGENT CERTIFICATION

24 FEES.—The Commission may assess an annual 

25 certification fee for each college athlete agent 


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1 certified in accordance with the standards es2 tablished under paragraph (1)(B). 

3 (B) CERTAIN INTERCOLLEGIATE ATHLETIC

4 ASSOCIATIONS AND CONFERENCES.— 

5 (i) IN GENERAL.—The Commission 

6 may assess fees on intercollegiate athletic 

7 associations and conferences that have an8 nual revenues exceeding $20,000,000. 

9 (ii) REMITTANCE OF FEES.—Inter10 collegiate athletic associations and con11 ferences shall remit such fees to the Com12 mission. 

13 (C) COLLECTION.—The Commission may 

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

15 accordance with such rules as the Commission 

16 may establish. 

17 (6) TITLE IX MONITORING, INVESTIGATIONS, 

18 AND REPORTING.— 

19 (A) MONITORING.—The Commission shall 

20 monitor and provide publicly available informa21 tion about the compliance with title IX of the 

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

23 1681 et seq.) (referred to in this paragraph as 

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1 stitution of higher education that is subject to 

2 Title IX. 

3 (B) INVESTIGATIONS.—The Commission 

4 may investigate any action by any such athletic 

5 program that would constitute a violation of 

6 Title IX. 

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

8 an investigation, the Commission becomes 

9 aware of a potential violation of Title IX, the 

10 Commission shall submit to the Office for Civil 

11 Rights of the Department of Education all 

12 proper information in the possession of the 

13 Commission relating to the potential violation. 

14 (7) ADDITIONAL DUTIES AND AUTHORITIES.— 

15 The Commission— 

16 (A) shall— 

17 (i) administer the Fund as described 

18 in section 6(a); 

19 (ii) maintain the database as de20 scribed in section 10(b); 

21 (iii) issue reports as described in sub22 section (j); 

23 (iv) conduct audits of athletic pro24 grams to ensure compliance with this Act 


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1 and standards established under paragraph 

2 (1); 

3 (v) carry out investigations relating to 

4 violations of this Act or any such standard; 

5 and 

6 (vi) carry out enforcement actions as 

7 described in section 12(a); and 

8 (B) may— 

9 (i) establish and maintain offices to 

10 conduct the affairs of the Commission; 

11 (ii) hire staff to carry out the duties 

12 described in this section; 

13 (iii) enter into contracts; 

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

15 and transfer property as necessary to carry 

16 out such duties; 

17 (v) borrow money, issue instruments 

18 of indebtedness, and secure its obligations 

19 by granting security interests in its prop20 erty; 

21 (vi) publish a magazine, newsletter, 

22 and other publications consistent with such 

23 duties; 


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1 (vii) subpoena an individual the testi2 mony of whom may be relevant to such du3 ties; and 

4 (viii) carry out any other activity, in5 cluding the issuance of rules, regulations, 

6 and orders, as the Commission considers 

7 necessary and proper to carry out such du8 ties or the purposes set forth in subsection 

9 (a). 

10 (e) ADVISORY COUNCILS.— 

11 (1) ATHLETE ADVISORY COUNCIL.— 

12 (A) ESTABLISHMENT.—There is estab13 lished within the Commission an Athlete Advi14 sory Council to provide advice and expertise to 

15 the Commission. 

16 (B) MEMBERSHIP.—The members of the 

17 Athlete Advisory Council shall be selected by 

18 the Board as follows: 

19 (i) 50 percent shall be current college 

20 athletes enrolled at institutions of higher 

21 education. 

22 (ii) 50 percent shall be former college 

23 athletes who have graduated from institu24 tions of higher education. 


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1 (2) OTHER ADVISORY COUNCILS.—There are 

2 established within the Commission, for the purpose 

3 of providing advice and expertise to the Commis4 sion— 

5 (A) a Health, Wellness, and Safety Advi6 sory Council; 

7 (B) an Educational Opportunity Advisory 

8 Council; and 

9 (C) a Labor, Gender Equity, and Com10 pensation Advisory Council. 

11 (3) TERM.—The term of a member of an advi12 sory council established under this subsection shall 

13 be 2 years. 

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

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

16 Equity, and Compensation Advisory Council shall 

17 issue a public report that describes potential path18 ways for college athletes to collectively bargain and 

19 form a union. 

20 (f) OMBUDSMAN FOR COLLEGE ATHLETES.— 

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

22 and provide salary, benefits, and administrative ex23 penses for an ombudsman for college athletes (re24 ferred to in this subsection as the ‘‘Ombudsman’’). 

25 (2) DUTIES.—The Ombudsman shall— 


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1 (A) provide independent advice to college 

2 athletes at no cost with respect to— 

3 (i) the provisions of this Act; 

4 (ii) the constitution and bylaws of the 

5 Commission; and 

6 (iii) the resolution of any dispute re7 lating to the opportunity of a college ath8 lete to enter into an endorsement contract; 

9 (B) assist college athletes in the resolution 

10 of any such dispute; and 

11 (C) report to the Board and the Athlete 

12 Advisory Council on a regular basis. 

13 (3) HIRING PROCEDURES; VACANCY; TERMI14 NATION.— 

15 (A) HIRING PROCEDURES.—The procedure 

16 for hiring the Ombudsman shall be as follows: 

17 (i) The Athlete Advisory Council shall 

18 provide the chair of the Board with the 

19 name of 1 qualified individual to serve as 

20 Ombudsman. 

21 (ii) The chair of the Board shall im22 mediately transmit the name of such indi23 vidual to the Board. 

24 (iii) The Board shall hire or not hire 

25 such individual after fully considering the 


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1 advice and counsel of the Athlete Advisory 

2 Council. 

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

4 the position of Ombudsman, the nomination 

5 and hiring procedure set forth in this para6 graph shall be followed in a timely manner. 

7 (C) TERMINATION.—The Commission may 

8 terminate the employment of an individual serv9 ing as Ombudsman only if— 

10 (i) the termination is carried out in 

11 accordance with the applicable policies and 

12 procedures of the Commission; 

13 (ii) the termination is initially rec14 ommended to the Board by— 

15 (I) a majority of the Board; or 

16 (II) a majority of the Athlete Ad17 visory Council; and 

18 (iii) the Board fully considers the ad19 vice and counsel of the Athlete Advisory 

20 Council before deciding whether to termi21 nate the employment of such individual. 

22 (g) RESTRICTIONS.— 

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

24 not engage in business for profit or issue stock. 


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1 (2) POLITICAL ACTIVITIES.—The Commission 

2 shall be nonpolitical and may not promote the can3 didacy of any individual seeking public office. 

4 (h) HEADQUARTERS, PRINCIPAL OFFICE, AND

5 MEETINGS.—The Commission shall maintain its principal 

6 office and national headquarters in a location in the 

7 United States decided by the Commission. The Commis8 sion may hold its annual and special meetings in the 

9 places decided by the Commission. 

10 (i) SERVICE OF PROCESS.—As a condition to the ex11 ercise of any authority or privilege granted by this section, 

12 the Commission shall have a designated agent to receive 

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

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

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

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

17 Commission shall submit to the Committee on Commerce, 

18 Science, and Transportation of the Senate, the Committee 

19 on Energy and Commerce of the House of Representa20 tives, and the President a report that includes— 

21 (1) the number of disputes resolved by the 

22 Commission in the preceding year under subsection 

23 (d)(4), and if applicable, a description of such dis24 pute resolutions; 


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

2 preceding year; 

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

4 standard or rule established under this Act, a sum5 mary of the violation and a description of the en6 forcement action taken by the Commission; and 

7 (4) recommendations for legislative or adminis8 trative action, as the Commission considers appro9 priate. 

10 (k) APPLICABILITY OF THE FREEDOM OF INFORMA11 TION ACT.—The provisions of section 552 of title 5, 

12 United States Code (commonly referred to as the ‘‘Free13 dom of Information Act’’), shall apply to the activities, 

14 records, and proceedings of the Commission. 

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

16 under this Act shall be allocated toward funding the Com17 mission and its activities. 

18 (m) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $50,000,000 for each of fiscal years 2021 and 2022. 

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

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

23 of this Act. 

24 SEC. 12. ENFORCEMENT. 

25 (a) ENFORCEMENT BY COMMISSION.— 


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

2 out enforcement actions for any violation of this Act, 

3 or a standard or rule established under this Act, in4 cluding by— 

5 (A) levying fines; 

6 (B) imposing penalties, including suspen7 sion of an individual or entity from participa8 tion in intercollegiate athletics competition for a 

9 period determined by the Commission; and 

10 (C) commencing civil actions and seeking 

11 all appropriate legal, equitable, or other relief, 

12 including damages and injunctions. 

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

14 action carried out under this subsection, the Com15 mission shall provide to the individual or entity con16 cerned notice of the enforcement action and an op17 portunity for a hearing. 

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

19 violation of this Act, or a standard or rule estab20 lished under this Act, that has damaged or unjustly 

21 enriched a regulated party, the Commission shall im22 pose a fine in an amount not less than the value of 

23 the damage or unjust enrichment. 

24 (4) REPRESENTATION.—The Commission may 

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


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

2 the standards and rules established under this 

3 Act, or any other law or regulation; and 

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

5 to which the Commission is a party. 

6 (5) COMPROMISE OF ACTIONS.—The Commis7 sion may compromise or settle any civil action if 

8 such compromise or settlement is approved by the 

9 court. 

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

11 be brought by the Commission in a Federal district 

12 court of competent jurisdiction. 

13 (7) RULE OF CONSTRUCTION.—An enforcement 

14 action carried out by the Commission shall be con15 strued as an enforcement action carried out by the 

16 Federal Government, and the Federal Government 

17 shall be considered to be exercising political respon18 sibility for such action, regardless of any claim of a 

19 State to sovereign immunity under the 11th Amend20 ment to the Constitution of the United States or any 

21 other law. 

22 (b) INSTITUTIONS OF HIGHER EDUCATION.—Section 

23 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

24 1094(a)) is amended by adding at the end the following: 

25 ‘‘(30)(A) The institution will— 


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

2 partners of the institution comply, with the re3 quirements of sections 3, 5, 8, 9, and 10(a) of 

4 the College Athletes Bill of Rights; and 

5 ‘‘(ii) not participate in any athletic con6 ference or athletic association that fails to com7 ply with such requirements.’’. 

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

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

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

11 all appropriate remedies in a Federal district court of com12 petent jurisdiction. 

13 (d) ACTIONS BY STATE.— 

14 (1) IN GENERAL.—In any case in which the at15 torney general of a State, or such other official as 

16 the State may designate, has reason to believe that 

17 an interest of the residents of such State has been 

18 or is threatened or adversely affected by an act or 

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

20 rule established under this Act, the State may bring 

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

22 in an appropriate State court or a district court of 

23 the United States that is located in the State and 

24 has jurisdiction over the defendant— 


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1 (A) to enforce compliance with this Act or 

2 such standard or rule; and 

3 (B) for all appropriate remedies. 

4 (2) NOTICE.— 

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

6 under this subsection or commencing any other 

7 administrative or regulatory proceeding to en8 force this Act, or a standard or rule established 

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

10 agency of the State involved shall provide to the 

11 Commission— 

12 (i) a written notice of such action or 

13 proceeding; and 

14 (ii) a copy of the complaint for such 

15 action or proceeding. 

16 (B) CONTENTS OF NOTICE.—The written 

17 notice required by subparagraph (A) shall in18 clude— 

19 (i) the identity of the parties; 

20 (ii) a description of the alleged facts 

21 underlying the action or proceeding; and 

22 (iii) an assessment as to whether 

23 there is a need to coordinate the prosecu24 tion of the action or proceeding so as not 

25 to interfere with any action or proceeding 


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1 undertaken by the Commission or a Fed2 eral agency. 

3 (C) COMMISSION RESPONSE.—On receiving 

4 notice under this paragraph of an action or pro5 ceeding under this subsection, the Commission 

6 shall have the right— 

7 (i) to intervene in the action or pro8 ceeding; 

9 (ii) upon so intervening— 

10 (I) to remove the action or pro11 ceeding to the appropriate United 

12 States district court, if the action or 

13 proceeding was not originally brought 

14 there; and 

15 (II) to be heard on all matters 

16 arising in the action or proceeding; 

17 and 

18 (iii) to appeal any order or judgment, 

19 to the same extent as any other party in 

20 the proceeding. 

21 (3) REGULATIONS.—The Commission shall pre22 scribe regulations to implement this subsection and, 

23 from time to time, provide guidance to further co24 ordinate actions with State attorneys general and 

25 other regulators. 


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

2 subsection may be construed as altering, limiting, or 

3 affecting the authority of a State attorney general or 

4 any other regulatory or enforcement agency or au5 thority to bring an action or other regulatory pro6 ceeding arising solely under the law in effect in that 

7 State. 

8 (e) APPLICABILITY OF SPORTS AGENT RESPONSI9 BILITY AND TRUST ACT TO COLLEGE ATHLETE

10 AGENTS.—Sections 3 through 5 of the Sports Agent Re11 sponsibility and Trust Act (15 U.S.C. 7802–7804) shall 

12 apply with respect to college athlete agents. 

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

14 State of Federal financial assistance for a work-study pro15 gram under section 3485 of title 38, United States Code, 

16 shall constitute a waiver of sovereign immunity, under the 

17 11th Amendment to the Constitution of the United States 

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

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

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

21 other relief (including damages and injunctions) under 

22 this Act. 

23 SEC. 13. RULE OF CONSTRUCTION. 

24 Nothing in this Act may be construed to preempt, 

25 modify, limit, or supersede any State law or regulation reVerDate Sep 11 2014 00:51 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H9033.IH H9033

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1 lating to sports agents, attorneys, or other athlete rep2 resentatives. 

3 SEC. 14. SEVERABILITY. 

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

5 this Act, or the application of such provision or amend6 ment to any person or circumstance is held to be unconsti7 tutional, the remainder of this Act and the amendments 

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

9 amendment to any other person or circumstance, shall not 

10 be affected. 

Æ 


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