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 con-
cerned 
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 Representa-
tives 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: 
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(1) ATHLETIC DEPARTMENT.—The term ‘‘ath-
letic department’’ means a department at an institu-
tion of higher education responsible for overseeing 
one or more athletic programs and related staff. 
(2) ATHLETIC PROGRAM.—The term ‘‘athletic 
program’’ means a program for a particular inter-
collegiate sport at an institution of higher education. 
(3) ATHLETIC REPUTATION.—The term ‘‘ath-
letic reputation’’ means— 
(A) with respect to a college athlete, the 
recognition or fame of the college athlete relat-
ing to the intercollegiate athletic ability, stand-
ing, participation, or performance of the college 
athlete; and 
(B) with respect to an institution of higher 
education, the recognition or fame the institu-
tion of higher education garners from the ath-
letic programs of the institution of higher edu-
cation. 
(4) COLLEGE
ATHLETE.—The term ‘‘college 
athlete’’ means an individual who participates in an 
intercollegiate sport for an institution of higher edu-
cation. 
(5) COLLEGE
ATHLETE
AGENT.—The term 
‘‘college athlete agent’’ means an athlete agent (as 
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defined in section 2 of the Sports Agent Responsi-
bility and Trust Act (15 U.S.C. 7801)) who is cer-
tified in accordance with the standards established 
under section 11(d)(1). 
(6) 
COMMERCIAL
SPORTS
REVENUE
ROY-
ALTY.—The term ‘‘commercial sports revenue roy-
alty’’ means funds distributed to a college athlete by 
an intercollegiate athletic association under section 
5(b)(2). 
(7) COMMISSION.—The term ‘‘Commission’’ 
means the Commission on College Athletics estab-
lished by section 11(a). 
(8) CONFERENCE.—The term ‘‘conference’’ 
means a group or an association of athletic pro-
grams that play competitively against each other. 
(9) COST OF ATTENDANCE.—The term ‘‘cost of 
attendance’’— 
(A) has the meaning given the term in sec-
tion 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 ap-
plying the same standards, policies, and proce-
dures for all students. 
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(10) COVERED
COMPENSATION.—The term 
‘‘covered compensation’’— 
(A) means any payment, remuneration, or 
benefit provided by a third party to a college 
athlete or a former college athlete; and 
(B) does not include the payment or provi-
sion of a grant-in-aid. 
(11) 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 cov-
ered compensation. 
(12) FUND.—The term ‘‘Fund’’ means the 
medical trust fund established under section 6(a). 
(13) 
GRANT-IN-AID.—The 
term 
‘‘grant-in- 
aid’’— 
(A) means a scholarship, grant, or other 
form of financial assistance, including the provi-
sion of tuition, room, board, books, or funds for 
fees or personal expenses, that— 
(i) is paid or provided by an institu-
tion of higher education to a student for 
the student’s undergraduate or graduate 
course of study; and 
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(ii) is in an amount that does not ex-
ceed the cost of attendance for such stu-
dent at the institution of higher education; 
and 
(B) does not include covered compensation. 
(14) IMAGE.—The term ‘‘image’’, with respect 
to a college athlete, means a photograph, video, or 
computer-generated representation that identifies, is 
linked to, or is reasonably linkable to the college ath-
lete. 
(15) 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.). 
(16) INTERCOLLEGIATE
ATHLETIC
ASSOCIA-
TION.—The term ‘‘intercollegiate athletic associa-
tion’’ means any association, conference, or other 
group or organization, including the National Colle-
giate Athletic Association, that— 
(A) exercises authority over intercollegiate 
athletics; and 
(B) is engaged in commerce or in any in-
dustry or activity affecting commerce. 
(17) LIKENESS.—The term ‘‘likeness’’ means— 
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(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 col-
lege athlete participates at a particular institu-
tion 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 or 
former college athlete— 
(i) the uniquely identifiable voice, 
catch phrase, or nickname of the college 
athlete; or 
(ii) any other trademark that identi-
fies or distinguishes the college athlete. 
(18) NAME.—The term ‘‘name’’, with respect to 
a college athlete, means— 
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(A) the first name and last or family name 
that identifies the college athlete; 
(B) a nickname or a preferred name of the 
college athlete; or 
(C) a name that the college athlete uses to 
identity the college athlete. 
(19) REPORTING YEAR.—The term ‘‘reporting 
year’’ means the time period covered by a report 
submitted by an institution of higher education 
under section 485(g) of the Higher Education Act of 
1965 (20 U.S.C. 1092(g)). 
(20) THIRD PARTY.—The term ‘‘third party’’ 
means an individual or entity other than an institu-
tion of higher education, a conference, or an inter-
collegiate athletic association. 
SEC. 3. COLLEGE ATHLETE RIGHTS AND PROTECTIONS. 
(a) RIGHT TO MARKET NAME, IMAGE, LIKENESS, OR 
ATHLETIC REPUTATION.— 
(1) IN GENERAL.—Subject to a limitation pur-
suant to paragraph (3), an institution of higher edu-
cation, an intercollegiate athletic association, or a 
conference may not restrict the ability of college ath-
letes, individually or as a group, to market the use 
of their names, images, likenesses, or athletic rep-
utations. 
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(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 unless the person ob-
tains a license from the group for that purpose. 
(3) 
CERTAIN
STATE
LIMITATIONS
PER-
MITTED.— 
(A) IN GENERAL.—Notwithstanding para-
graph (1), a State may prohibit college athletes 
residing in the State from entering into en-
dorsement contracts with entities in a par-
ticular industry if the State also prohibits insti-
tutions of higher education located in the State 
from entering into agreements with such enti-
ties. 
(B) NOTIFICATION
OF
COLLEGE
ATH-
LETES.—An institution of higher education 
shall provide to each college athlete enrolled at 
the institution of higher education a list of enti-
ties with which institutions of higher education 
and college athletes are prohibited from enter-
ing into endorsement contracts pursuant to sub-
paragraph (A). 
(4) 
INSTITUTION
OF
HIGHER
EDUCATION 
AGREEMENTS
WITH
THIRD
PARTIES.—In conjunc-
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(i) ACTIVITIES OTHER THAN MANDA-
TORY TEAM ACTIVITIES.—An institution of 
higher education may not prohibit, and 
may not enter into a contract that pro-
hibits, a college athlete from carrying out 
activities pursuant to an endorsement con-
tract during a period in which the college 
athlete is not engaged in a mandatory 
team activity. 
(ii) FOOTWEAR.—An institution of 
higher education may not prohibit or dis-
courage a college athlete from wearing 
footwear of his or her choice during man-
datory team activities, unless the footwear 
has lights, reflective fabric, or poses a 
health risk to the college athlete. 
(6) TREATMENT OF COMPENSATION, BENEFITS, 
OR ROYALTIES PROVIDED TO COLLEGE ATHLETES.— 
Covered compensation or commercial sports revenue 
royalties— 
(A) shall not be considered financial aid by 
any institution of higher education, intercolle-
giate athletic association, conference, or third 
party; and 
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(B) notwithstanding section 480(j) of the 
Higher Education Act of 1965 (20 U.S.C. 
1087vv(j)), shall not be included as financial as-
sistance 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.). 
(b) RIGHT TO COMPENSATION FOR EXPENSES.— 
(1) IN GENERAL.—An institution of higher edu-
cation, an intercollegiate athletic association, or a 
conference may not restrict the ability of a college 
athlete to receive payment from any source for— 
(A) transportation, room, or board for one 
or more friends or family members of the col-
lege athlete during any period in which the col-
lege 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 other-
wise provided by an institution of higher edu-
cation. 
(2) GRANTS-IN-AID GUARANTEES.— 
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(A) Receipt of covered compensation pur-
suant to an endorsement contract shall not ad-
versely affect— 
(i) a college athlete’s eligibility or op-
portunity to apply for a grant-in-aid; or 
(ii) the amount, duration, or renewal 
of a college athlete’s grant-in-aid. 
(B) LIMITATION ON REVOCATION.—An in-
stitution of higher education may not revoke or 
reduce a college athlete’s grant-in-aid based on 
the college athlete having entered into an en-
dorsement contract. 
(c) RIGHT TO AGENT REPRESENTATION.— 
(1) IN GENERAL.—An institution of higher edu-
cation, an intercollegiate athletic association, or a 
conference may not restrict the ability of a college 
athlete to obtain agent representation with respect 
to an endorsement contract, including— 
(A) representation provided by college ath-
lete agents, group licensing entities, and finan-
cial advisors; and 
(B) legal representation by attorneys. 
(2) PREVENTING CONFLICTS OF INTEREST.— 
An institution of higher education, an intercollegiate 
athletic association, or a conference, or a business 
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partner of an institution of higher education, an 
intercollegiate athletic association, or a conference 
may not— 
(A) represent college athletes in endorse-
ment contracts; 
(B) regulate the representation of college 
athletes with respect to endorsement contracts; 
or 
(C) engage in the certification of individ-
uals for such representation. 
(d) RIGHT TO TRANSFER.— 
(1) IN GENERAL.—A college athlete shall retain 
his or her right to transfer from one institution of 
higher education to another notwithstanding any 
contract to which a college athlete is a party or na-
tional letter of intent signed by the college athlete. 
(2) LIMITATION ON TRANSFER PENALTIES.— 
Institutions of higher education, intercollegiate ath-
letic associations, and conferences shall allow a col-
lege athlete to transfer from one institution of high-
er education to another without losing grant-in-aid 
opportunities or eligibility for intercollegiate athletics 
if— 
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(A) not less than 7 days before transfer-
ring, the college athlete provides to his or her 
athletic director notice of intent to transfer; and 
(B) the transfer does not occur during— 
(i) the season of the sport of the col-
lege athlete; or 
(ii) the 45-day period preceding the 
date on which such season commences. 
(3) INDUCEMENTS
TO
TRANSFER
PROHIB-
ITED.— 
(A) IN GENERAL.—An institution of higher 
education, an intercollegiate athletic association, 
or a conference may not offer or provide to a 
college athlete any compensation or benefit 
(other than grant-in-aid) that is— 
(i) conditioned on the college athlete 
transferring to a particular institution of 
higher education; or 
(ii) intended to induce the college ath-
lete to transfer to a particular institution 
of higher education. 
(B) 
CAMPUS
TOURS.—Notwithstanding 
subparagraph (A), an institution of higher edu-
cation, an intercollegiate athletic association, or 
a conference may provide a college athlete with 
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reimbursement for expenses relating to campus 
tours or visits. 
(e) RIGHT
TO
ENTER
PROFESSIONAL
SPORTS 
DRAFTS.—An institution of higher education, an inter-
collegiate athletic association, or a conference may not 
prevent the participation of a college athlete in intercolle-
giate athletics based on the college athlete having entered 
into a professional sports draft if the college athlete— 
(1) does not receive compensation, directly or 
indirectly, from a professional sports league; and 
(2) not later than 7 days after the completion 
of the draft, notifies his or her athletic director of 
his or her intent to forgo participation in the profes-
sional league. 
(f) RIGHT TO FULL PARTICIPATION IN INTERCOLLE-
GIATE ATHLETICS COMPETITION.—An institution of high-
er education, an intercollegiate athletic association, a con-
ference, or a State may not maintain or enforce any rule, 
requirement, standard, condition, or other limitation that 
prevents the full participation of a college athlete in inter-
collegiate athletics competition based on the college athlete 
having— 
(1) entered into an endorsement contract; or 
(2) obtained representation described in sub-
section (c)(1). 
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