[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5062 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 5062

    To protect the rights of college athletes and to establish the 
        Commission on College Athletics, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2020

   Mr. Booker (for himself, Mr. Blumenthal, Mrs. Gillibrand, and Mr. 
    Schatz) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 Representatives 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:
            (1) Athletic department.--The term ``athletic department'' 
        means a department at an institution of higher education 
        responsible for overseeing 1 or more athletic programs and 
        related staff.
            (2) Athletic program.--The term ``athletic program'' means 
        a program for a particular intercollegiate sport at an 
        institution of higher education.
            (3) Athletic reputation.--The term ``athletic reputation'' 
        means--
                    (A) with respect to a college athlete, the 
                recognition or fame of the college athlete relating to 
                the intercollegiate athletic ability, standing, 
                participation, or performance of the college athlete; 
                and
                    (B) with respect to an institution of higher 
                education, the recognition or fame the institution of 
                higher education garners from the athletic programs of 
                the institution of higher education.
            (4) College athlete.--The term ``college athlete'' means an 
        individual who participates in an intercollegiate sport for an 
        institution of higher education.
            (5) College athlete agent.--The term ``college athlete 
        agent'' means an athlete agent (as defined in section 2 of the 
        Sports Agent Responsibility and Trust Act (15 U.S.C. 7801)) who 
        is certified in accordance with the standards established under 
        section 11(d)(1).
            (6) Commercial sports revenue royalty.--The term 
        ``commercial sports revenue royalty'' 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 established by section 11(a).
            (8) Conference.--The term ``conference'' means a group or 
        an association of athletic programs that play competitively 
        against each other.
            (9) Cost of attendance.--The term ``cost of attendance''--
                    (A) has the meaning given the term in section 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 applying the same 
                standards, policies, and procedures for all students.
            (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 provision 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 covered 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 provision of 
                tuition, room, board, books, or funds for fees or 
                personal expenses, that--
                            (i) is paid or provided by an institution 
                        of higher education to a student for the 
                        student's undergraduate or graduate course of 
                        study; and
                            (ii) is in an amount that does not exceed 
                        the cost of attendance for such student 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 athlete.
            (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 association.--The term 
        ``intercollegiate athletic association'' means any association, 
        conference, or other group or organization, including the 
        National Collegiate Athletic Association, that--
                    (A) exercises authority over intercollegiate 
                athletics; and
                    (B) is engaged in commerce or in any industry or 
                activity affecting commerce.
            (17) Likeness.--The term ``likeness'' means--
                    (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 college athlete participates at 
                a particular institution 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 identifies or 
                        distinguishes the college athlete.
            (18) Name.--The term ``name'', with respect to a college 
        athlete, means--
                    (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) Third party.--The term ``third party'' means an 
        individual or entity other than an institution of higher 
        education, a conference, or an intercollegiate 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 pursuant to 
        paragraph (3), an institution of higher education, an 
        intercollegiate athletic association, or a conference may not 
        restrict the ability of college athletes, individually or as a 
        group, to market the use of their names, images, likenesses, or 
        athletic reputations.
            (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 obtains a license from the group for that 
        purpose.
            (3) Certain state limitations permitted.--
                    (A) In general.--Notwithstanding paragraph (1), a 
                State may prohibit college athletes residing in the 
                State from entering into endorsement contracts with 
                entities in a particular industry if the State also 
                prohibits institutions of higher education located in 
                the State from entering into agreements with such 
                entities.
                    (B) Notification of college athletes.--An 
                institution of higher education shall provide to each 
                college athlete enrolled at the institution of higher 
                education a list of entities with which institutions of 
                higher education and college athletes are prohibited 
                from entering into endorsement contracts pursuant to 
                subparagraph (A).
            (4) Institution of higher education agreements with third 
        parties.--In conjunction with an endorsement contract of a 
        college athlete enrolled at a particular institution of higher 
        education, such institution of higher education may enter into 
        a separate agreement with the third party concerned for the 
        intellectual property rights or the name, image, likeness, or 
        athletic reputation rights of the institution of higher 
        education, including the use of the logos and team uniforms of 
        the institution of higher education, if--
                    (A) the third party provides directly to the 
                college athlete concerned covered compensation pursuant 
                to the endorsement contract; and
                    (B) the agreement between the institution of higher 
                education and the third party is not initiated or 
                coordinated by the institution of higher education.
            (5) Institution-sponsored competition and practices.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an institution of higher education may require a 
                college athlete to use, during a competition or 
                practice sponsored by the institution of higher 
                education, apparel selected by the institution of 
                higher education.
                    (B) Exceptions.--
                            (i) Activities other than mandatory team 
                        activities.--An institution of higher education 
                        may not prohibit, and may not enter into a 
                        contract that prohibits, a college athlete from 
                        carrying out activities pursuant to an 
                        endorsement contract 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 discourage a 
                        college athlete from wearing footwear of his or 
                        her choice during mandatory 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, intercollegiate 
                athletic association, conference, or third party; and
                    (B) notwithstanding section 480(j) of the Higher 
                Education Act of 1965 (20 U.S.C. 1087vv(j)), shall not 
                be included as financial assistance 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 education, 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 1 or more 
                friends or family members of the college athlete during 
                any period in which the college 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 otherwise provided 
                by an institution of higher education.
            (2) Grants-in-aid guarantees.--
                    (A) Receipt of covered compensation pursuant to an 
                endorsement contract shall not adversely affect--
                            (i) a college athlete's eligibility or 
                        opportunity 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 institution of 
                higher education may not revoke or reduce a college 
                athlete's grant-in-aid based on the college athlete 
                having entered into an endorsement contract.
    (c) Right to Agent Representation.--
            (1) In general.--An institution of higher education, 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 athlete 
                agents, group licensing entities, and financial 
                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 partner of an institution of higher 
        education, an intercollegiate athletic association, or a 
        conference may not--
                    (A) represent college athletes in endorsement 
                contracts;
                    (B) regulate the representation of college athletes 
                with respect to endorsement contracts; or
                    (C) engage in the certification of individuals 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 national letter of intent signed by the college 
        athlete.
            (2) Limitation on transfer penalties.--Institutions of 
        higher education, intercollegiate athletic associations, and 
        conferences shall allow a college athlete to transfer from one 
        institution of higher education to another without losing 
        grant-in-aid opportunities or eligibility for intercollegiate 
        athletics if--
                    (A) not less than 7 days before transferring, 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 college 
                        athlete; or
                            (ii) the 45-day period preceding the date 
                        on which such season commences.
            (3) Inducements to transfer prohibited.--
                    (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 athlete 
                        to transfer to a particular institution of 
                        higher education.
                    (B) Campus tours.--Notwithstanding subparagraph 
                (A), an institution of higher education, an 
                intercollegiate athletic association, or a conference 
                may provide a college athlete with reimbursement for 
                expenses relating to campus tours or visits.
    (e) Right To Enter Professional Sports Drafts.--An institution of 
higher education, an intercollegiate athletic association, or a 
conference may not prevent the participation of a college athlete in 
intercollegiate 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 professional league.
    (f) Right to Full Participation in Intercollegiate Athletics 
Competition.--An institution of higher education, an intercollegiate 
athletic association, a conference, 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 
intercollegiate athletics competition based on the college athlete 
having--
            (1) entered into an endorsement contract; or
            (2) obtained representation described in subsection (c)(1).
    (g) Additional Protections.--An institution of higher education, an 
intercollegiate athletic association, or a conference may not--
            (1) arrange an endorsement contract on behalf of a college 
        athlete;
            (2) impose on college athletes restrictions on speech that 
        are more stringent than restrictions on speech imposed on 
        students enrolled at the institution of higher education who 
        are not college athletes;
            (3) levy against a college athlete any fine or other 
        punishment that does not apply equally to other students 
        enrolled in the institution of higher education;
            (4) coordinate or cooperate with any other institution of 
        higher education, intercollegiate athletic association, or 
        conference to limit or determine the amount of payment offered 
        to a college athlete under an endorsement contract; or
            (5) eliminate the funding of an athletic program unless all 
        other options for reducing the expenses of the athletic 
        program, including reducing coach salaries and administrative 
        and facility expenses, are not feasible.

SEC. 4. PENALTIES FOR VIOLATIONS.

    (a) Institutions of Higher Education.--
            (1) Individuals.--An individual associated with an 
        institution of higher education who is found, after an 
        investigation by the Commission, to have facilitated a 
        violation of section 3 shall be--
                    (A) suspended from working at an institution of 
                higher education for a period of not less than 1 year;
                    (B) suspended from working at an institution of 
                higher education for a period of not less than 5 years; 
                or
                    (C) permanently banned from working at an 
                institution of higher education.
            (2) Institutions.--
                    (A) In general.--An institution of higher education 
                found to be in violation of section 3, other than 
                paragraph (4) of section 3(g), shall be assessed a 
                civil penalty that is the greater of--
                            (i) the amount equal to 15 percent of the 
                        total athletic revenue generated by the 
                        institution of higher education in the 
                        preceding academic year; or
                            (ii) $200,000.
                    (B) Coordination or cooperation.--An institution of 
                higher education found to be in violation of section 
                3(g)(4) shall be assessed a civil penalty that is the 
                greater of--
                            (i) the amount equal to 20 percent of the 
                        total athletic revenue generated by the 
                        institution of higher education in the 
                        preceding academic year; or
                            (ii) $250,000.
    (b) Intercollegiate Athletic Associations and Conferences.--
            (1) Individuals.--An individual associated with an 
        intercollegiate athletic association or a conference found to 
        be primarily responsible for a violation of section 3 shall be 
        banned or suspended from participation in intercollegiate 
        athletics for a period of not less than 2 years.
            (2) Intercollegiate athletic associations and 
        conferences.--
                    (A) In general.--An intercollegiate athletic 
                association or a conference found to be in violation of 
                subsection (a), (b), (c), (e), (f), or (g) of section 3 
                shall be assessed a civil penalty of $250,000.
                    (B) Interference with right to transfer.--An 
                intercollegiate athletic association or a conference 
                found to be in violation of section 3(d) shall be 
                assessed a civil penalty of $100,000.
    (c) Recommendations for Greater Penalties.--The Commission may 
impose a penalty greater than a penalty described in this section.

SEC. 5. REVENUE SHARING.

    (a) Definitions.--
            (1) Athletic grant-in-aid limit.--The term ``athletic 
        grant-in-aid limit'' means, with respect to a particular sport, 
        the maximum number of athletic grant-in-aid scholarships an 
        institution of higher education can award to college athletes 
        in the sport, as prescribed by an intercollegiate athletic 
        association.
            (2) Commercial sports nil revenue.--
                    (A) In general.--The term ``commercial sports NIL 
                revenue'', when used in reference to an athletic 
                program, means the amount of total annual revenue 
                generated from the athletic program at an institution 
                of higher education.
                    (B) Use of previously reported data.--For purposes 
                of subparagraph (A), an institution of higher education 
                required to submit an annual report under section 
                485(g) of the Higher Education Act of 1965 (20 U.S.C. 
                1092(g)) shall use the amounts described in paragraph 
                (1)(F) of such section from the most recent report to 
                determine the commercial sports NIL revenue for each 
                athletic program.
            (3) Covered sports team.--The term ``covered sports team'' 
        means an athletic program that participates in a division or 
        subdivision for which 50 percent of the total commercial sports 
        NIL revenue of every institution of higher education that 
        participates in the division or subdivision is greater than the 
        total amount of grant-in-aid provided by those institutions of 
        higher education to eligible college athletes that participate 
        in athletic programs in that division or subdivision.
            (4) Division or subdivision.--The term ``division or 
        subdivision'' means a division or subdivision, such as the 
        Football Championship Subdivision or the Football Bowl 
        Subdivision, of a particular type of athletic program.
            (5) Eligible college athlete.--The term ``eligible college 
        athlete'' means a college athlete that receives grant-in-aid 
        from the institution of higher education attended by the 
        college athlete.
            (6) 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)).
    (b) Royalty Payments.--
            (1) Payments to intercollegiate athletic associations.--Not 
        later than the first July 15 occurring after the date that is 1 
        year after the date of enactment of this Act, and annually 
        thereafter, if an intercollegiate athletic association that has 
        governing authority over a covered sports team is required to 
        distribute commercial sports revenue royalties to eligible 
        college athletes that participate in the division or 
        subdivision of the covered sports team under paragraph (2), the 
        institution of higher education associated with the covered 
        sports team shall transfer to the intercollegiate athletic 
        association--
                    (A) regardless of whether the institution of higher 
                education awards any grant-in-aid to college athletes 
                that participate on the covered sports team--
                            (i) 50 percent of such commercial sports 
                        NIL revenue; minus
                            (ii) the amount of grant-in-aid the 
                        institution of higher education awards to 
                        eligible college athletes that participate on 
                        the covered sports team;
                    (B) if the amount of grant-in-aid that the 
                institution of higher education awards to eligible 
                college athletes that participate on the covered sports 
                team is more than 50 percent of the commercial sports 
                NIL revenue generated by the covered sports team, the 
                institution of higher education shall transfer a 
                percentage of such commercial sports NIL revenue 
                determined by the Commission after calculating average 
                contributions made by institutions of higher education 
                of a similar size; and
                    (C) a list of the eligible college athletes that 
                participate on the covered sports team.
            (2) Payments to athletes.--Not later than the first August 
        15 occurring after the date that is 1 year after the date of 
        enactment of this Act, and annually thereafter, an 
        intercollegiate athletic association that has governing 
        authority over a covered sports team shall, if practicable, 
        distribute among every eligible college athlete that 
        participates in the division or subdivision in which the 
        covered sports team participates--
                    (A) the total commercial sports NIL revenue 
                received from institutions of higher education under 
                paragraph (1) on account of a covered sports team that 
                participates in the division or subdivision; divided by
                    (B) the number of eligible college athletes that 
                participate in the division during the applicable 
                reporting year.
            (3) Delivery of royalties.--An intercollegiate athletic 
        association may distribute a commercial sports revenue royalty 
        to an eligible college athlete under this subsection--
                    (A) directly; or
                    (B) upon the request of the eligible college 
                athlete, through the licensing group of the eligible 
                college athlete.
    (c) Transparency.--
            (1) Institutions of higher education.--Not later than the 
        first July 31 occurring after the date that is 1 year after the 
        date of enactment of this Act, and annually thereafter, an 
        institution of higher education shall make public and disclose 
        to the college athletes of the institution of higher 
        education--
                    (A) the commercial sports NIL revenue generated by 
                each athletic program of the institution of higher 
                education; and
                    (B) if the institution of higher education has 1 or 
                more covered sports teams, the amount of the commercial 
                sports revenue royalties distributed to each eligible 
                college athlete on each covered sports team.
            (2) Intercollegiate athletic associations.--Not later than 
        the first July 31 occurring after the date that is 1 year after 
        the date of enactment of this Act, and annually thereafter, an 
        intercollegiate athletic association that distributes 
        commercial sports revenue royalties shall make public the 
        amount of the commercial sports revenue royalties distributed 
        by the intercollegiate athletic association, organized by 
        institution of higher education and sport.
    (d) Conforming Amendment.--Section 485(g)(1)(F) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(g)(1)(F)) is amended by striking 
``except that an institution may also report such revenues by 
individual team'' and inserting ``, in the aggregate and disaggregated 
by individual team''.

SEC. 6. MEDICAL EXPENSES FOR SPORTS-RELATED INJURIES AND HEALTH CARE 
              SERVICES FOR COLLEGE ATHLETES.

    (a) Medical Trust Fund.--
            (1) Establishment.--The Commission shall establish a 
        medical trust fund to cover the cost of--
                    (A)(i) for college athletes, the out-of-pocket 
                expenses relating to any sports-related injury; and
                    (ii) during the 5-year period beginning on the date 
                on which an individual ceases to be a college athlete, 
                the out-of-pocket expenses relating to any sports-
                related injury or illness suffered by such individual 
                while the individual was a college athlete;
                    (B) medical expenses for college athletes and 
                former college athletes diagnosed with certain sports-
                related conditions, including chronic traumatic 
                encephalopathy; and
                    (C) independent medical second opinions for college 
                athletes.
            (2) Contributions.--
                    (A) In general.--Not later than July 31 each year, 
                institutions of higher education with athletic 
                departments shall make contributions to the Fund in the 
                amount determined by the Commission to be reasonable to 
                cover the costs of medical treatment as described in 
                paragraph (1) for the applicable academic year and 
                taking into account the revenues of the respective 
                athletic departments of such institution of higher 
                education.
                    (B) Penalty for noncompliance.--
                            (i) In general.--An institution of higher 
                        education that fails to make a timely 
                        contribution required by subparagraph (A) 
                        shall--
                                    (I) make the delinquent 
                                contribution retroactively; and
                                    (II) be assessed--
                                            (aa) interest on such 
                                        contribution at a rate of 10 
                                        percent annually; and
                                            (bb) a civil penalty that 
                                        is the greater of--

                                                    (AA) for each 
                                                academic year 
                                                concerned, the amount 
                                                equal to 20 percent of 
                                                the total athletic 
                                                revenue generated by 
                                                the institution of 
                                                higher education; or

                                                    (BB) $200,000.

                            (ii) Waiver.--In the case of a first 
                        delinquent contribution, the Commission may 
                        waive the applicability of clause (i) on 
                        request by the institution of higher education 
                        concerned if the institution of higher 
                        education makes the delinquent payment not 
                        later than August 7 of the year in which the 
                        payment was due.
    (b) Physical Examinations.--Before the expiration of eligibility 
for intercollegiate athletics, a college athlete shall be offered the 
opportunity to undergo a physical examination for the purpose of 
diagnosing any sports-related injury or condition.
    (c) Second Opinions.--A college athlete shall have the right to 
obtain a medical second opinion independent from the medical opinion 
given by the institution of higher education at which the college 
athlete is enrolled.
    (d) Trainers and Medical Personnel.--Any sports trainer or medical 
personnel employed by an institution of higher education shall--
            (1) be employed by the health office of the institution of 
        higher education; and
            (2) operate independently from the athletic department.

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

    (a) Establishment of Standards.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services (referred to in this subsection as the ``Secretary''), 
        acting through the Director of the Centers for Disease Control 
        and Prevention, and in consultation with the Assistant 
        Secretary of Labor for Occupational Safety and Health, shall 
        establish health, wellness, and safety guidelines for 
        intercollegiate athletic programs.
            (2) Consultation and considerations.--In developing the 
        standards under paragraph (1), the Secretary shall--
                    (A) consult with the Sports Science Institute of 
                the National Collegiate Athletic Association; and
                    (B) consider existing guidelines of relevant 
                nonprofit entities, such as the National Collegiate 
                Athletic Association, conferences, professional sports 
                leagues, the National Athletic Trainers Association, 
                and college athlete advocacy communities.
            (3) Content.--The guidelines established under paragraph 
        (1) shall address--
                    (A) cardiac health;
                    (B) concussion and traumatic brain injuries;
                    (C) illegal performance enhancers and substance 
                abuse;
                    (D) mental health;
                    (E) nutrition, sleep, and performance;
                    (F) overuse injuries, periodization, and heat-
                related illnesses;
                    (G) sexual assault and interpersonal violence;
                    (H) athletics health care administration;
                    (I) weight and pain management;
                    (J) rhabdomyolysis;
                    (K) sickle cell trait;
                    (L) asthma; and
                    (M) such other topics as the Secretary determines 
                appropriate.
    (b) Routine Compliance Audits.--Not less frequently than monthly, 
the Commission shall conduct an audit of athletic programs to verify 
compliance with the guidelines established under subsection (a)(1).
    (c) Penalties.--
            (1) Individuals.--An individual found to be primarily 
        responsible for noncompliance with a guideline established 
        under subsection (a)(1), or for threatening or retaliating 
        against any individual or entity that reports such 
        noncompliance, shall be subject to a lifetime ban on 
        involvement with intercollegiate athletics.
            (2) Institutions of higher education.--An institution of 
        higher education found to be in noncompliance with a guideline 
        established under subsection (a)(1) shall be assessed, for each 
        academic year in which the noncompliance occurred, a civil 
        penalty in the amount equal to 30 percent of the total athletic 
        revenue generated by the institution of higher education.

SEC. 8. COLLEGE ATHLETES' RIGHT TO EDUCATIONAL OUTCOMES.

    (a) Ensuring College Athletes' Right to Educational Outcomes.--
            (1) Guarantee of scholarships.--
                    (A) In general.--Except as provided in subparagraph 
                (C), an institution of higher education that provides 
                an individual with a college athlete scholarship for an 
                academic year shall provide the individual with a 
                scholarship described in subparagraph (B) for each 
                subsequent academic year--
                            (i) in which the individual is enrolled at 
                        the institution and until the individual 
                        receives an undergraduate degree from such 
                        institution; and
                            (ii) without regard to whether the 
                        individual is playing an intercollegiate sport 
                        for the institution during any such subsequent 
                        year.
                    (B) Amount.--A scholarship awarded to an individual 
                for a subsequent year in accordance with subparagraph 
                (A) shall be in an amount equal to the scholarship 
                provided to the individual for the preceding year, 
                increased by the rate of inflation for the preceding 
                year.
                    (C) Exceptions.--The requirements of subparagraph 
                (A) shall not apply if an individual--
                            (i) is found by the institution to have 
                        committed academic fraud or other misconduct 
                        that would ordinarily result in expulsion; or
                            (ii) earns a grade point average of less 
                        than 2.20 on a 4-point scale, or the 
                        equivalent, for 2 or more consecutive 
                        semesters.
                    (D) Definition of college athlete scholarship.--In 
                this paragraph, the term ``college athlete 
                scholarship'' means a scholarship provided by an 
                institution of higher education for an academic year to 
                an individual who has agreed to be a college athlete 
                for the institution for such academic year.
            (2) Requirements for academic advising and tutoring.--Any 
        academic advisor or tutoring services provided to a college 
        athlete by an institution of higher education shall be 
        independent from the athletic department of the institution of 
        higher education.
            (3) No influence or retaliation for coursework.--An 
        individual working or volunteering for an athletic department 
        of an institution of higher education may not influence, or 
        retaliate against a college athlete based on, a college 
        athlete's selection of any course or academic major.
            (4) No interference in extracurriculars.--An individual 
        working for an athletic department of an institution of higher 
        education shall not interfere with, or discourage, any college 
        athlete who wishes to secure employment or internships, 
        participate in student groups or events, or serve as a 
        volunteer, as long as such activities do not interfere with 
        mandatory class time or mandatory team activities.
    (b) Penalties.--An institution of higher education found to be in 
violation of subsection (a), or to have permitted the work or 
volunteering of an individual who violated such subsection, shall be 
assessed, for each individual harmed by the violation, a civil penalty 
of $75,000.

SEC. 9. FINANCIAL LITERACY AND LIFE SKILLS DEVELOPMENT PROGRAM.

    (a) In General.--Each institution of higher education shall--
            (1) offer a financial literacy and life skills development 
        program described in subsection (b); and
            (2) require every college athlete enrolled in the 
        institution of higher education to attend the program during 
        the college athlete's first year of engagement in an 
        intercollegiate sport.
    (b) Financial Literacy and Life Skills Development Program.--
            (1) In general.--Each financial literacy and life skills 
        development program offered under subsection (a) shall--
                    (A) be not less than 15 hours in total duration 
                across sessions;
                    (B) be eligible for postsecondary credit, 
                consistent with the credit allocation guidelines of the 
                institution of higher education; and
                    (C) include, at a minimum, information regarding--
                            (i) the rights of college athletes under 
                        this Act; and
                            (ii) time management skills, personal 
                        budgeting, debt, credit, and interest rates.
            (2) Limitation.--A financial literacy and life skills 
        development program offered under subsection (a) may not 
        include any marketing, advertising, referral, or solicitation 
        by providers of financial products or services.

SEC. 10. REPORTING AND ACCOUNTABILITY.

    (a) Annual Reporting by Institutions of Higher Education.--
            (1) In general.--Not later than 60 days after the date on 
        which an academic year ends, each institution of higher 
        education with 1 or more athletic programs shall submit to the 
        Commission a report that includes, for the academic year, the 
        following:
                    (A) The revenues and expenditures of each athletic 
                program, including booster donations and compensation 
                for athletic program personnel, disclosed under section 
                5(c)(1).
                    (B) The average number of hours college athletes 
                enrolled at the institution of higher education spent 
                on athletic activities, including mandatory and 
                voluntary team activities, and team travel, 
                disaggregated by athletic program.
                    (C) The academic outcomes for college athletes 
                enrolled at the institution of higher education, 
                disaggregated by athletic program, race and ethnicity, 
                and gender.
            (2) Penalties for noncompliance.--An institution of higher 
        education that fails to timely submit a report under paragraph 
        (1), or intentionally submits an inaccurate report, as 
        determined by the Commission, shall be assessed a civil penalty 
        that is the greater of--
                    (A) the amount equal to 15 percent of the total 
                athletic revenue generated by the institution of higher 
                education; or
                    (B) $200,000.
    (b) Commission Database.--The Commission shall maintain a publicly 
accessible, searchable database that contains the information provided 
in each annual report submitted under subsection (a)(1).

SEC. 11. COMMISSION ON COLLEGE ATHLETICS.

    (a) Establishment.--There is established a commission, to be known 
as the ``Commission on College Athletics'', for the following purposes:
            (1) To act for the benefit of all college athletes, without 
        regard to receipt of grant-in-aid.
            (2) To protect the economic interests of college athletes.
            (3) To ensure that agents of college athletes faithfully 
        represent the interests of college athletes.
            (4) To enforce this Act and the standards established under 
        subsection (d)(1) in a manner adequate to deter such 
        violations.
            (5) To promote the health, wellness, and safety of college 
        athletes.
    (b) Organization.--
            (1) Federal charter.--The Commission is a federally 
        chartered corporation, governed by a board of directors, and 
        entrusted with the constitutional duty to take care that the 
        laws be faithfully executed.
            (2) Perpetual existence.--Except as otherwise provided in 
        subsection (n), the Commission has perpetual existence.
            (3) Status.--The Commission is not an agency (as defined in 
        section 551 of title 5, United States Code).
            (4) Constitution and bylaws.--The Commission shall adopt a 
        constitution and bylaws that reflect the rights and protections 
        set forth in this Act.
    (c) Board of Directors.--
            (1) Composition.--
                    (A) In general.--The board of directors of the 
                Commission (referred to in this section as the 
                ``Board'') shall be comprised of 9 members, who, 
                subject to subparagraphs (B) through (E), shall be 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                    (B) Diversity.--The appointment of members of the 
                Board shall be coordinated to ensure diversity among 
                such members.
                    (C) Political party.--Not more than 5 members of 
                the Board may be appointed from the same political 
                party.
                    (D) Requirements.--
                            (i) In general.--Each member appointed 
                        under subparagraph (A) shall have achieved 
                        distinction in his or her respective 
                        professional field.
                            (ii) Representation.--The members of the 
                        Board shall be representatives of former 
                        college athletes, professional fields, and 
                        members of the public as follows:
                                    (I) Not fewer than 5 members 
                                filling the designated categories 
                                described in subclauses (II) through 
                                (IX) shall be former college athletes 
                                who have graduated from an institution 
                                of higher education.
                                    (II) 1 member shall have expertise 
                                in sports, contracts, and publicity 
                                rights law.
                                    (III) 1 member shall have expertise 
                                in constitutional law with respect to 
                                the freedom of speech.
                                    (IV) 1 member shall have expertise 
                                in communications.
                                    (V) 1 member shall be a certified 
                                public accountant with expertise in 
                                corporate financial audits and 
                                corporate compliance investigations.
                                    (VI) 1 member shall have expertise 
                                in arbitration.
                                    (VII) One member shall have 
                                expertise in sports economics.
                                    (VIII) 1 member shall have 
                                expertise in civil rights law and 
                                compliance with Title IX of the 
                                Education Amendments of 1972 (20 U.S.C. 
                                1681 et seq.).
                                    (IX) 2 members shall have expertise 
                                in health, wellness, and safety in 
                                sports.
                    (E) Independence.--
                            (i) In general.--An individual who is 
                        employed by an institution of higher education, 
                        serves on the governing body of an institution 
                        of higher education, or receives compensation 
                        from an athletic program of an institution of 
                        higher education, an intercollegiate athletic 
                        association, or a conference, including a 
                        commissioner or an administrator of such an 
                        athletic program, an intercollegiate athletic 
                        association, or a conference, may not serve as 
                        a member of the Board.
                            (ii) Former commissioners and 
                        administrators.--A former commissioner or 
                        administrator of an athletic program of an 
                        institution of higher education, an 
                        intercollegiate athletic association, or a 
                        conference shall not be eligible to serve on 
                        the Board.
            (2) Terms; vacancies.--
                    (A) Terms.--A member of the Board shall be 
                appointed for a term of 5 years, except that--
                            (i) the Chair shall be appointed for a term 
                        of 2 years; and
                            (ii) of the other members first appointed--
                                    (I) 4 members shall be appointed 
                                for a term of 5 years;
                                    (II) 3 members shall be appointed 
                                for a term of 4 years; and
                                    (III) 2 members shall be appointed 
                                for a term of 3 years.
                    (B) Vacancies.--
                            (i) In general.--A vacancy on the Board 
                        shall be filled in the manner in which the 
                        original appointment was made and shall be 
                        subject to any condition that applied with 
                        respect to the original appointment.
                            (ii) Filling unexpired term.--An individual 
                        chosen to fill a vacancy shall be appointed for 
                        the unexpired term of the member replaced.
                    (C) Expiration of terms.--The term of any member 
                shall not expire before the date on which the member's 
                successor takes office.
            (3) Chair.--
                    (A) Initial appointment.--The first chair of the 
                Board shall be appointed by the President.
                    (B) Subsequent appointments.--Any subsequent chair 
                of the Board shall be elected by a majority of the 
                members of the Board.
            (4) Initial meeting.--Not later than 60 days after the date 
        on which the majority of members have been appointed under 
        paragraph (1)(A), the Board shall hold an initial meeting.
            (5) Quorum.--A majority of members of the Board shall 
        constitute a quorum.
            (6) Salary.--Each member of the Board shall be compensated 
        at a rate not to exceed the highest annual rate of basic pay in 
        effect for a position at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code.
    (d) Duties and Authority.--
            (1) Establishment of standards.--
                    (A) Endorsement contracts.--The Commission shall 
                establish standards with respect to endorsement 
                contracts.
                    (B) Certification of college athlete agents.--
                            (i) In general.--The Commission shall 
                        establish standards with respect to--
                                    (I) registration and annual 
                                certification of--
                                            (aa) college athlete 
                                        agents; and
                                            (bb) agencies and entities 
                                        that represent college 
                                        athletes;
                                    (II) revocation of such 
                                certification; and
                                    (III) agency fees charged by 
                                college athlete agents.
                            (ii) Recognition of the commission as 
                        college athlete agent certification body.--
                        Section 3 of the Sports Agent Responsibility 
                        and Trust Act (15 U.S.C. 7802) is amended by 
                        adding at the end the following:
    ``(c) Recognition of the Commission on College Athletics as 
Certification Body.--The Commission on College Athletics established by 
section 11 of the College Athletes Bill of Rights shall--
            ``(1) be recognized as the certification body for athlete 
        agents; and
            ``(2) have the authority to establish standards and 
        procedures with respect to the registration and annual 
        certification of athlete agents.''.
                            (iii) Educational requirements for college 
                        athlete agents.--The Commission may not 
                        establish a standard requiring college athlete 
                        agents to attain a bachelor's degree, an 
                        associate's degree, or a graduate degree from 
                        an institution of higher education.
                    (C) Health, wellness, and safety.--The Commission 
                shall establish standards with respect to the health, 
                wellness, and safety of college athletes consistent 
                with the guidelines established by the Secretary of 
                Health and Human Services under section 7(a)(1).
                    (D) Purposes of commission governing standards.--In 
                establishing the standards under this paragraph, the 
                Commission shall ensure that such standards effectuate 
                the purposes of the Commission set forth in subsection 
                (a).
            (2) Development of educational materials.--
                    (A) In general.--The Commission shall develop and 
                disseminate educational materials relating to 
                endorsement contracts for college athletes, 
                institutions of higher education, intercollegiate 
                athletic associations, and conferences.
                    (B) Dissemination of information.--The member of 
                the Board described in subsection (c)(1)(D)(ii)(IV) 
                shall be responsible for disseminating such educational 
                materials.
            (3) Reporting mechanism.--
                    (A) In general.--The Commission shall establish and 
                maintain a dedicated telephone hotline and an online 
                portal by which college athletes may report--
                            (i) instances of improper conduct; and
                            (ii) noncompliance with guidelines 
                        established under section 7(a)(1).
                    (B) Procedure.--Not later than 30 days after 
                receiving a report from a college athlete regarding an 
                instance of improper conduct or noncompliance with such 
                guidelines, the Commission shall--
                            (i) determine whether an investigation is 
                        warranted; and
                            (ii) provide to the college athlete 
                        notification of the determination made under 
                        clause (i), together with a justification for 
                        such determination.
                    (C) Protection from retaliation.--A college athlete 
                who makes a report under this paragraph shall be 
                protected from threats and retaliation.
            (4) Resolution of disputes.--
                    (A) In general.--The Commission shall provide a 
                forum for the swift and equitable resolution of 
                conflicts relating to endorsement contracts through a 
                dispute resolution process for college athletes, 
                institutions of higher education, intercollegiate 
                athletic associations, and conferences.
                    (B) Procedure.--
                            (i) In general.--With respect to a dispute 
                        resolution process referred to in subparagraph 
                        (A), the Commission shall--
                                    (I) provide to applicable 
                                individuals or entities notice and an 
                                opportunity for a hearing; and
                                    (II) select an arbitrator, who 
                                shall make a decision on resolution of 
                                the dispute.
                            (ii) Appeal.--A party to such a dispute 
                        resolution process may appeal the decision of 
                        the arbitrator to the Commission, which may--
                                    (I) review the decision; and
                                    (II) issue a final decision.
            (5) Assessment of fees.--
                    (A) Annual agent certification fees.--The 
                Commission may assess an annual certification fee for 
                each college athlete agent certified in accordance with 
                the standards established under paragraph (1)(B).
                    (B) Certain intercollegiate athletic associations 
                and conferences.--
                            (i) In general.--The Commission may assess 
                        fees on intercollegiate athletic associations 
                        and conferences that have annual revenues 
                        exceeding $20,000,000.
                            (ii) Remittance of fees.--Intercollegiate 
                        athletic associations and conferences shall 
                        remit such fees to the Commission.
                    (C) Collection.--The Commission may collect fees 
                under paragraphs (A) and (B) in accordance with such 
                rules as the Commission may establish.
            (6) Title ix monitoring, investigations, and reporting.--
                    (A) Monitoring.--The Commission shall monitor and 
                provide publicly available information about the 
                compliance with Title IX of the Education Amendments of 
                1972 (20 U.S.C. 1681 et seq.) (referred to in this 
                paragraph as ``Title IX'') of athletic programs within 
                an institution of higher education that is subject to 
                Title IX.
                    (B) Investigations.--The Commission may investigate 
                any action by any such athletic program that would 
                constitute a violation of Title IX.
                    (C) Reporting.--If, in the course of such an 
                investigation, the Commission becomes aware of a 
                potential violation of Title IX, the Commission shall 
                submit to the Office for Civil Rights of the Department 
                of Education all proper information in the possession 
                of the Commission relating to the potential violation.
            (7) Administration of medical trust fund.--
                    (A) In general.--The Commission shall administer 
                the Fund as described in section 6(a).
                    (B) Annual assessments.--Not less frequently than 
                annually, the Commission shall determine--
                            (i) the necessary funding levels to be 
                        maintained in the Fund to adequately fulfill 
                        the financial obligations of the Fund; and
                            (ii) the amount each institution of higher 
                        education with an athletic department shall be 
                        required to contribute for the applicable 
                        academic year, in accordance with section 
                        6(a)(2).
                    (C) Maintenance of funds.--On an ongoing basis, the 
                Commission shall maintain in the Fund the level of 
                funding determined necessary under subparagraph (B)(i).
                    (D) Collection.--Not less frequently than annually, 
                the Commission shall collect from institutions of 
                higher education with athletic departments the amount 
                determined under subparagraph (B)(ii).
            (8) Additional duties and authorities.--The Commission--
                    (A) shall--
                            (i) maintain the database as described in 
                        section 10(b);
                            (ii) issue reports as described in 
                        subsection (j);
                            (iii) conduct audits of athletic programs 
                        to ensure compliance with this Act and 
                        standards established under paragraph (1);
                            (iv) carry out investigations relating to 
                        violations of this Act or any such standard; 
                        and
                            (v) carry out enforcement actions as 
                        described in section 12(a); and
                    (B) may--
                            (i) establish and maintain offices to 
                        conduct the affairs of the Commission;
                            (ii) hire staff to carry out the duties 
                        described in this section;
                            (iii) enter into contracts;
                            (iv) acquire, own, lease, encumber, and 
                        transfer property as necessary to carry out 
                        such duties;
                            (v) borrow money, issue instruments of 
                        indebtedness, and secure its obligations by 
                        granting security interests in its property;
                            (vi) publish a magazine, newsletter, and 
                        other publications consistent with such duties;
                            (vii) subpoena an individual the testimony 
                        of whom may be relevant to such duties; and
                            (viii) carry out any other activity, 
                        including the issuance of rules, regulations, 
                        and orders, as the Commission considers 
                        necessary and proper to carry out such duties 
                        or the purposes set forth in subsection (a).
    (e) Advisory Councils.--
            (1) Athlete advisory council.--
                    (A) Establishment.--There is established within the 
                Commission an Athlete Advisory Council to provide 
                advice and expertise to the Commission.
                    (B) Membership.--The members of the Athlete 
                Advisory Council shall be selected by the Board as 
                follows:
                            (i) 50 percent shall be current college 
                        athletes enrolled at institutions of higher 
                        education.
                            (ii) 50 percent shall be former college 
                        athletes who have graduated from institutions 
                        of higher education.
            (2) Other advisory councils.--There are established within 
        the Commission, for the purpose of providing advice and 
        expertise to the Commission--
                    (A) a Health, Wellness, and Safety Advisory 
                Council;
                    (B) an Educational Opportunity Advisory Council; 
                and
                    (C) a Labor, Gender Equity, and Compensation 
                Advisory Council.
            (3) Term.--The term of a member of an advisory council 
        established under this subsection shall be 2 years.
            (4) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Labor, Gender Equity, and 
        Compensation Advisory Council shall issue a public report that 
        describes potential pathways for college athletes to 
        collectively bargain and form a union.
    (f) Ombudsman for College Athletes.--
            (1) In general.--The Commission shall hire and provide 
        salary, benefits, and administrative expenses for an ombudsman 
        for college athletes (referred to in this subsection as the 
        ``Ombudsman'').
            (2) Duties.--The Ombudsman shall--
                    (A) provide independent advice to college athletes 
                at no cost with respect to--
                            (i) the provisions of this Act;
                            (ii) the constitution and bylaws of the 
                        Commission; and
                            (iii) the resolution of any dispute 
                        relating to the opportunity of a college 
                        athlete to enter into an endorsement contract;
                    (B) assist college athletes in the resolution of 
                any such dispute; and
                    (C) report to the Board and the Athlete Advisory 
                Council on a regular basis.
            (3) Hiring procedures; vacancy; termination.--
                    (A) Hiring procedures.--The procedure for hiring 
                the Ombudsman shall be as follows:
                            (i) The Athlete Advisory Council shall 
                        provide the chair of the Board with the name of 
                        1 qualified individual to serve as Ombudsman.
                            (ii) The chair of the Board shall 
                        immediately transmit the name of such 
                        individual to the Board.
                            (iii) The Board shall hire or not hire such 
                        individual after fully considering the 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 paragraph shall be followed in a timely 
                manner.
                    (C) Termination.--The Commission may terminate the 
                employment of an individual serving 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 
                        recommended to the Board by--
                                    (I) a majority of the Board; or
                                    (II) a majority of the Athlete 
                                Advisory Council; and
                            (iii) the Board fully considers the advice 
                        and counsel of the Athlete Advisory Council 
                        before deciding whether to terminate the 
                        employment of such individual.
    (g) Restrictions.--
            (1) Profit and stock.--The Commission may not engage in 
        business for profit or issue stock.
            (2) Political activities.--The Commission shall be 
        nonpolitical and may not promote the candidacy 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 Commission 
may hold its annual and special meetings in the places decided by the 
Commission.
    (i) Service of Process.--As a condition to the exercise 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 
Representatives, 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 dispute resolutions;
            (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 summary of the violation 
        and a description of the enforcement action taken by the 
        Commission; and
            (4) recommendations for legislative or administrative 
        action, as the Commission considers appropriate.
    (k) Applicability of the Freedom of Information Act.--The 
provisions of section 552 of title 5, United States Code (commonly 
referred to as the ``Freedom 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 Commission 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.--
            (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, including by--
                    (A) levying fines;
                    (B) imposing penalties, including suspension of an 
                individual or entity from participation 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 Commission shall provide to the 
        individual or entity concerned notice of the enforcement action 
        and an opportunity for a hearing.
            (3) Imposition of fines.--With respect to a violation of 
        this Act, or a standard or rule established under this Act, 
        that has damaged or unjustly enriched a regulated party, the 
        Commission shall impose 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--
                    (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 Commission 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 construed as an enforcement 
        action carried out by the Federal Government, and the Federal 
        Government shall be considered to be exercising political 
        responsibility for such action, regardless of any claim of a 
        State to sovereign immunity under the 11th Amendment 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--
                    ``(i) comply, and ensure that all business partners 
                of the institution comply, with the requirements of 
                sections 3, 5, 8, 9, and 10(a) of the College Athletes 
                Bill of Rights; and
                    ``(ii) not participate in any athletic conference 
                or athletic association that fails to comply with such 
                requirements.''.
    (c) Private Right of Action.--A college athlete aggrieved by a 
violation of this Act, or a standard or rule established under this 
Act, may bring a civil action for all appropriate remedies in a Federal 
district court of competent jurisdiction.
    (d) Actions by State.--
            (1) In general.--In any case in which the attorney general 
        of a State, or such other official as the State may designate, 
        has reason to believe that an interest of the residents of such 
        State has been or is threatened or adversely affected by an act 
        or practice in violation of this Act, or a standard or rule 
        established under this Act, the State may bring a civil action 
        on behalf of the residents of the State in an appropriate State 
        court or a district court of the United States that is located 
        in the State and has jurisdiction over the defendant--
                    (A) to enforce compliance with this Act or such 
                standard or rule; and
                    (B) for all appropriate remedies.
            (2) Notice.--
                    (A) In general.--Before filing an action under this 
                subsection or commencing any other administrative or 
                regulatory proceeding to enforce this Act, or a 
                standard or rule established under this Act, the 
                attorney general, official, or agency of the State 
                involved shall provide to the Commission--
                            (i) a written notice of such action or 
                        proceeding; and
                            (ii) a copy of the complaint for such 
                        action or proceeding.
                    (B) Contents of notice.--The written notice 
                required by subparagraph (A) shall include--
                            (i) the identity of the parties;
                            (ii) a description of the alleged facts 
                        underlying the action or proceeding; and
                            (iii) an assessment as to whether there is 
                        a need to coordinate the prosecution of the 
                        action or proceeding so as not to interfere 
                        with any action or proceeding undertaken by the 
                        Commission or a Federal agency.
                    (C) Commission response.--On receiving notice under 
                this paragraph of an action or proceeding under this 
                subsection, the Commission shall have the right--
                            (i) to intervene in the action or 
                        proceeding;
                            (ii) upon so intervening--
                                    (I) to remove the action or 
                                proceeding to the appropriate United 
                                States district court, if the action or 
                                proceeding was not originally brought 
                                there; and
                                    (II) to be heard on all matters 
                                arising in the action or proceeding; 
                                and
                            (iii) to appeal any order or judgment, to 
                        the same extent as any other party in the 
                        proceeding.
            (3) Regulations.--The Commission shall prescribe 
        regulations to implement this subsection and, from time to 
        time, provide guidance to further coordinate actions with State 
        attorneys general and other regulators.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed as altering, limiting, or affecting the authority 
        of a State attorney general or any other regulatory or 
        enforcement agency or authority to bring an action or other 
        regulatory proceeding arising solely under the law in effect in 
        that State.
    (e) Applicability of Sports Agent Responsibility and Trust Act to 
College Athlete Agents.--Sections 3 through 5 of the Sports Agent 
Responsibility and Trust Act (15 U.S.C. 7802-7804) shall apply with 
respect to college athlete agents.
    (f) Sovereign Immunity.--The use or receipt by a State of Federal 
financial assistance for a work-study program under section 3485 of 
title 38, United States Code, shall constitute a waiver of sovereign 
immunity, under the 11th Amendment to the Constitution of the United 
States or any other law, to any suit brought by any college athlete 
aggrieved by a violation of this Act or by any enforcement action 
brought by the Commission, for legal, equitable, or other relief 
(including damages and injunctions) under this Act.

SEC. 13. RULES OF CONSTRUCTION.

    Nothing in this Act may be construed--
            (1) to preempt, modify, limit, or supersede any State law 
        or regulation relating to sports agents, attorneys, or other 
        athlete representatives; or
            (2) to modify or limit the enforcement authority of the 
        Occupational Safety and Health Administration, the Department 
        of Labor, the Department of Education, or any other Federal 
        agency.

SEC. 14. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act 
and the amendments made by this Act, and the application of the 
provision or amendment to any other person or circumstance, shall not 
be affected.
                                 <all>