I 
117TH CONGRESS 
1ST SESSION H. R. 3895 
To establish collective bargaining rights for college athletes, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2021 
Mr. BOWMAN (for himself, Mr. LEVIN of Michigan, and Mrs. TRAHAN) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor 
A BILL 
To establish collective bargaining rights for college athletes, 
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 Athlete Right 
to Organize Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The National Labor Relations Act (29 
U.S.C. 151 et seq.) seeks to remedy the inequality 
of bargaining power between employees and employ-
VerDate Sep 11 2014 
17:46 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3895.IH
H3895
lotter on DSK11XQN23PROD with BILLS
ers primarily through establishing and protecting the 
rights of employees to self-organize and designate 
representatives of their own choosing for the purpose 
of negotiating the terms and conditions of their em-
ployment or other mutual aid or protection. 
(2) Labor organizations often originate to rem-
edy unfair and exploitative labor practices by em-
ployers through assisting employees in securing more 
equitable terms and conditions of their employment, 
including fair compensation and safe working condi-
tions, which individual employees would be unlikely 
to negotiate successfully for on their own. 
(3) Labor organizations serve unique and essen-
tial purposes for professional athletes competing in 
sports leagues, where it is desirable to establish uni-
form rules and standards across multiple employers. 
These rules and standards bear significant con-
sequences to the athletes in terms of compensation, 
health and safety, and the ability or lack thereof for 
athletes to choose their employer, among other 
issues related to the athletes’ well-being. 
(4) The formation of labor organizations rep-
resenting athletes in professional sports leagues in 
the United States has helped end exploitative prac-
tices by team owners and management, particularly 
VerDate Sep 11 2014 
17:46 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3895.IH
H3895
lotter on DSK11XQN23PROD with BILLS
through establishing collective-bargaining agree-
ments that have secured athletes a fair share of the 
revenues their talent and labor produces, as well as 
more equitable terms of their employment and pro-
tections for their short- and long-term health. 
(5) College athletes face exploitative and unfair 
labor practices by the National Collegiate Athletic 
Association (referred to in this section as the 
‘‘NCAA’’) and its member institutions, primarily 
through the denial of the basic economic and labor 
rights of such athletes, which the NCAA and its 
member institutions have justified by defining col-
lege athletes as amateurs. 
(6) The NCAA and its member institutions 
have denied college athletes a fair wage for their 
labor by colluding to cap compensation; they main-
tain strict and exacting control over the terms and 
conditions of college athletes’ labor; and they exer-
cise the ability to terminate an athlete’s eligibility to 
compete if the athlete violates these terms and con-
ditions. 
(7) College athletes exhibit the markers of em-
ployment as established under the common law defi-
nition of the term ‘‘employee’’: They perform a valu-
able service for their respective colleges under a con-
VerDate Sep 11 2014 
17:46 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3895.IH
H3895
lotter on DSK11XQN23PROD with BILLS
tract for hire in the form of grant-in-aid agreements; 
these agreements assert significant control over how 
athletes perform their work and the conditions under 
which they work; and they receive compensation in 
the form of grant-in-aid and stipends in exchange 
for their athletic services. 
(8) To establish more equitable terms and con-
ditions for college athletes’ labor, college athletes 
need representation of their own choosing to nego-
tiate collective-bargaining agreements with their re-
spective colleges and the athletic conferences that 
help set rules and standards across an entire league. 
(9) To organize effectively, college athletes 
must be able to form collective bargaining units 
across institutions of higher education that compete 
against each other, including within athletic con-
ferences; and, accordingly, to establish effective col-
lective bargaining rights for college athletes under 
this Act, the National Labor Relations Act must be 
amended to cover both private and public institu-
tions of higher education to the extent that college 
athletes attending such institutions fall within the 
definition of ‘‘employee’’ under that Act, as amended 
by this Act. 
VerDate Sep 11 2014 
17:46 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3895.IH
H3895
lotter on DSK11XQN23PROD with BILLS
(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 
VerDate Sep 11 2014 
17:46 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3895.IH
H3895
lotter on DSK11XQN23PROD with BILLS
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— 
VerDate Sep 11 2014 
17:46 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3895.IH
H3895
lotter on DSK11XQN23PROD with BILLS
‘‘(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.’’. 
VerDate Sep 11 2014 
17:46 Jun 30, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3895.IH
H3895
lotter on DSK11XQN23PROD with BILLS