(10) The Constitution of the United States 
vests Congress with the power to regulate commerce 
between the States, and intercollegiate sports, which 
are maintained by athletic associations that host 
competitions between colleges across States, involves 
interstate commerce that generates annual revenue 
of more than $15,000,000,000. 
(11) Intercollegiate sports’ significant engage-
ment in interstate commerce justifies application of 
the National Labor Relations Act (29 U.S.C. 151 et 
seq.) to regulate the labor market within which pub-
lic and private institutions of higher education com-
pete and set rules pertaining to the wages and work-
ing conditions of college athletes. 
SEC. 3. COLLECTIVE BARGAINING RIGHTS OF COLLEGE 
ATHLETES. 
(a) DEFINITIONS.—Section 2 of the National Labor 
Relations Act (29 U.S.C. 152) is amended— 
(1) in paragraph (2), by adding at the end the 
following: ‘‘Notwithstanding the previous sentence, 
the term ‘employer’ includes a public institution of 
higher education with respect to the employment of 
college athlete employees of the institution.’’; 
(2) in paragraph (3), by adding at the end the 
following: ‘‘Any individual who participates in an 
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intercollegiate sport for an institution of higher edu-
cation, and is a student enrolled in the institution of 
higher education, shall be considered an employee of 
the institution of higher education if— 
‘‘(A) the individual receives any form of direct 
compensation, including grant-in-aid, from the insti-
tution of higher education; and 
‘‘(B) any terms or conditions of such compensa-
tion require participation in an intercollegiate 
sport.’’; and 
(3) by adding at the end the following: 
‘‘(15) The term ‘grant-in-aid’ means a scholarship, 
grant, or other form of financial assistance that is pro-
vided by an institution of higher education to an individual 
for the individual’s undergraduate or graduate course of 
study. 
‘‘(16) The term ‘institution of higher education’ has 
the meaning given the term in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002). 
‘‘(17) The term ‘intercollegiate athletic conference’— 
‘‘(A) means any conference, or other group or 
organization, of institutions of higher education 
that— 
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‘‘(i) exercises authority over intercollegiate 
sports at such institutions of higher education; 
and 
‘‘(ii) is engaged in commerce or an indus-
try or activity affecting commerce; and 
‘‘(B) notwithstanding subparagraph (A), does 
not include the National Collegiate Athletic Associa-
tion. 
‘‘(18) The term ‘college athlete employee’ means an 
individual described in the second sentence of paragraph 
(3).’’. 
(b) MULTIEMPLOYER BARGAINING UNIT.—Section 
9(b) of the National Labor Relations Act (29 U.S.C. 
159(b)) is amended by striking the period at the end and 
inserting the following: ‘‘: Provided, That, for the purpose 
of establishing an appropriate bargaining unit for college 
athlete employees at institutions of higher education in an 
intercollegiate athletic conference, the Board shall recog-
nize multiple institutions of higher education within an 
intercollegiate athletic conference as a multiemployer bar-
gaining unit, but only if consented to by the employee rep-
resentatives for the intercollegiate sports bargaining units 
at the institutions of higher education that will be included 
in the multiemployer bargaining unit.’’. 
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(c) JURISDICTION RELATED TO INTERCOLLEGIATE 
SPORTS.—Section 14(c)(1) of the National Labor Rela-
tions Act (29 U.S.C. 164(c)(1)) is amended by striking 
‘‘Provided,’’ and inserting the following: ‘‘Provided, That 
the Board shall exercise jurisdiction over institutions of 
higher education and college athlete employees of such in-
stitutions in relation to all collective bargaining matters 
under this Act pertaining to such employees, including any 
representation matter, such as recognizing or establishing 
a bargaining unit for such employees and any labor dis-
pute involving such institutions and employees: Provided 
further,’’. 
(d) PROHIBITION ON WAIVER.—An individual may 
not enter into any agreement (including an agreement for 
grant-in-aid, as defined in section 3(15) of the National 
Labor Relations Act (29 U.S.C. 152(15))) or legal settle-
ment that waives or permits noncompliance with this Act 
or the amendments made by this Act. 
SEC. 4. TREATMENT OF DIRECT COMPENSATION FOR TAX 
PURPOSES AND ELIGIBILITY FOR FEDERAL 
FINANCIAL ASSISTANCE. 
Nothing in this Act, or an amendment made by this 
Act, shall— 
(1) cause any type of direct compensation de-
scribed in section 2(3) of the National Labor Rela-
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tions Act (29 U.S.C. 152(3)) that was not previously 
treated as income for which a tax may be imposed 
under the Internal Revenue Code of 1986 to become 
a type of direct compensation for which such a tax 
may be imposed; 
(2) cause any individual to be treated as an em-
ployee, or cause any amounts received by an indi-
vidual to be treated as wages, for purposes of any 
provision in the Internal Revenue Code of 1986 re-
lating to employment taxes or the withholding of 
taxes by an employer if such individual or amounts 
would not otherwise be so treated; 
(3) affect the treatment of qualified scholar-
ships under section 117 of the Internal Revenue 
Code of 1986; or 
(4) otherwise affect the treatment of any direct 
compensation described in such section 2(3) in de-
termining income, including gross income or ad-
justed gross income, for purposes of— 
(A) the Internal Revenue Code of 1986, in-
cluding any reporting requirements under such 
Code; or 
(B) determining eligibility for any form of 
Federal financial assistance, including assist-
ance under subpart 1 of part A of title IV of 
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