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 para-
graph shall be followed in a timely manner. 
(C) TERMINATION.—The Commission may 
terminate the employment of an individual serv-
ing 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 rec-
ommended to the Board by— 
(I) a majority of the Board; or 
(II) a majority of the Athlete Ad-
visory Council; and 
(iii) the Board fully considers the ad-
vice and counsel of the Athlete Advisory 
Council before deciding whether to termi-
nate the employment of such individual. 
(g) RESTRICTIONS.— 
(1) PROFIT AND STOCK.—The Commission may 
not engage in business for profit or issue stock. 
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(2) POLITICAL
ACTIVITIES.—The Commission 
shall be nonpolitical and may not promote the can-
didacy 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 Commis-
sion may hold its annual and special meetings in the 
places decided by the Commission. 
(i) SERVICE OF PROCESS.—As a condition to the ex-
ercise 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 Representa-
tives, 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 dis-
pute resolutions; 
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(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 sum-
mary of the violation and a description of the en-
forcement action taken by the Commission; and 
(4) recommendations for legislative or adminis-
trative action, as the Commission considers appro-
priate. 
(k) APPLICABILITY OF THE FREEDOM OF INFORMA-
TION ACT.—The provisions of section 552 of title 5, 
United States Code (commonly referred to as the ‘‘Free-
dom 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 Com-
mission 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 2021 and 2022. 
(n) EFFECTIVE DATE.—This section shall take effect 
on the date that is 2 years after the date of the enactment 
of this Act. 
SEC. 12. ENFORCEMENT. 
(a) ENFORCEMENT BY COMMISSION.— 
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(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, in-
cluding by— 
(A) levying fines; 
(B) imposing penalties, including suspen-
sion of an individual or entity from participa-
tion 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 Com-
mission shall provide to the individual or entity con-
cerned notice of the enforcement action and an op-
portunity for a hearing. 
(3) IMPOSITION OF FINES.—With respect to a 
violation of this Act, or a standard or rule estab-
lished under this Act, that has damaged or unjustly 
enriched a regulated party, the Commission shall im-
pose 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— 
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(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 Commis-
sion 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 con-
strued as an enforcement action carried out by the 
Federal Government, and the Federal Government 
shall be considered to be exercising political respon-
sibility for such action, regardless of any claim of a 
State to sovereign immunity under the 11th Amend-
ment 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— 
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