[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4724 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4724
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
August 2, 2022
Mr. Booker (for himself, Mr. Blumenthal, Mr. Schatz, Mr. Wyden, and Mr.
Padilla) 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''--
(A) means--
(i) an enrolled college athlete; and
(ii) a former college athlete; and
(B) includes a nonimmigrant described in
subparagraph (F) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
who is present in the United States pursuant to a
valid, unexpired visa issued under that subparagraph.
(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) Commission.--The term ``Commission'' means the
Commission on College Athletics established by section 11(a).
(7) Conference.--The term ``conference'' means a group or
an association of athletic programs that play competitively
against each other.
(8) 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.
(9) Covered compensation.--The term ``covered
compensation''--
(A) means any payment, remuneration, or benefit
provided by a third party to a college athlete; and
(B) does not include the payment or provision of a
grant-in-aid.
(10) 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.
(11) Enrolled college athlete.--The term ``enrolled college
athlete'' means an individual who--
(A) has been accepted to an institution of higher
education and intends to participate in an
intercollegiate sport for the institution of higher
education; or
(B)(i) is enrolled in an institution of higher
education; and
(ii) participates or participated in an
intercollegiate sport for the institution of higher
education.
(12) Former college athlete.--The term ``former college
athlete'' means an individual who participated in an
intercollegiate sport for an institution of higher education
but is no longer enrolled in an institution of higher
education.
(13) Fund.--The term ``Fund'' means the medical trust fund
established under section 5(b).
(14) 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.
(15) Image.--The term ``image'', with respect to a college
athlete, means a photograph, video, or computer-generated
representation that--
(A) identifies, is linked to, or is reasonably
linkable to the college athlete; and
(B) relates to the intercollegiate athletic
ability, standing, participation, or performance of the
college athlete.
(16) 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.).
(17) 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.
(18) 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, the
uniquely identifiable voice, physical characteristics,
catch phrase, or nickname of the college athlete, and
any other trademark that identifies or distinguishes
the college athlete, as such voice, catch phrase,
nickname, and trademark relate to the intercollegiate
athletic ability, standing, participation, or
performance of the college athlete.
(19) Name.--The term ``name'', with respect to a college
athlete, means the first name and last or family name that
identifies the college athlete, a nickname or a preferred name
of the college athlete, and a name that the college athlete
uses to identify the college athlete, as such names and
nicknames relate to the intercollegiate athletic ability,
standing, participation, or performance of the college athlete.
(20) Prospective college athlete.--The term ``prospective
college athlete'' means an individual--
(A) who has remaining intercollegiate athletics
eligibility;
(B) with whom an athletic program has communicated
with respect to intercollegiate sports participation;
and
(C) who has not signed an agreement to join such
athletic program.
(21) 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.
(22) Title ix.--The term ``Title IX'' means title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
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,
including college athlete biometric information, unless the
person obtains a license from the group for that purpose.
(3) Certain limitations permitted with respect to
particular industries.--
(A) States.--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) Institutions of higher education.--
(i) In general.--Notwithstanding paragraph
(1), an institution of higher education may
prohibit enrolled college athletes from
entering into endorsement contracts with a
third party in a particular industry if--
(I) the endorsement contract would
violate the student code of conduct of
the institution; and
(II) the institution refrains from
entering into agreements with all
entities in the particular industry.
(ii) Student codes of conduct.--The student
code of conduct of an institution of higher
education may not interfere with or void the
rights of college athletes under State or
Federal law.
(C) Notification of enrolled college athletes.--An
institution of higher education shall provide to each
enrolled college athlete and to the Commission a list
of entities with which institutions of higher education
and college athletes are prohibited from entering into
endorsement contracts pursuant to subparagraph (A) or
(B).
(4) Institution of higher education agreements with third
parties.--In conjunction with an endorsement contract of a
college athlete, an 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 covered compensation
directly to the college athlete; 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 an
enrolled 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, an enrolled college
athlete from carrying out activities pursuant
to an endorsement contract during a period in
which the enrolled college athlete is not
engaged in a mandatory team activity.
(ii) Footwear.--An institution of higher
education may not prohibit or discourage an
enrolled college athlete from wearing, during
mandatory team activities, footwear of his or
her choice that is consistent with the rules of
the applicable sport, unless the footwear has
lights, reflective fabric, or poses a health
risk to the enrolled college athlete.
(6) Treatment of covered compensation.--Covered
compensation--
(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.).
(7) Privacy.--
(A) In general.--Endorsement contracts and other
financial information provided by an enrolled college
athlete to an institution of higher education shall not
be subject to Federal or State open records laws.
(B) Prohibition on compelled disclosure.--An
intercollegiate athletic association or a conference
may not require or compel a college athlete to disclose
information about an endorsement contract or covered
compensation related to the use of the college
athlete's name, image, or likeness.
(C) Confidentiality.--An institution of higher
education may require a college athlete to disclose
information about an endorsement contract or covered
compensation, but must keep the terms and nature of the
contract confidential.
(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 an enrolled college athlete to receive
payment from any source for--
(A) transportation for the enrolled college athlete
and friends or family members of the enrolled college
athlete during any period in which the enrolled 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 or covered by a
grant-in-aid.
(2) Grant-in-aid guarantees.--
(A) Receipt of covered compensation shall not
adversely affect--
(i) an enrolled college athlete's
eligibility or opportunity to apply for a
grant-in-aid; or
(ii) the amount, duration, or renewal of an
enrolled college athlete's grant-in-aid.
(B) Limitation on revocation.--An institution of
higher education may not revoke or reduce an enrolled
college athlete's grant-in-aid based on the enrolled
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
representation with respect to an endorsement contract or
employment outside the institution of higher education in which
the college athlete is enrolled, including--
(A) representation provided by 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, a
conference, or an entity that has represented or has had a
direct business partnership with an institution of higher
education, an intercollegiate athletic association, or a
conference, may not--
(A) represent college athletes with respect to the
use of their names, images, likenesses, or athletic
reputations;
(B) host or provide a platform or service related
to the marketing or branding of a college athlete's
name, image, likeness, or athletic reputation;
(C) regulate the representation of college athletes
with respect to the use of their names, images,
likenesses, or athletic reputations;
(D) engage in the certification of individuals for
such representation; or
(E) attempt to influence, or base co-branding
decisions on, a college athlete's choice of
representation.
(d) Right To Transfer.--
(1) In general.--An enrolled college athlete shall be
entitled to transfer from one institution of higher education
to another notwithstanding any contract to which an enrolled
college athlete is a party or national letter of intent signed
by the enrolled college athlete.
(2) Limitation on transfer penalties.--Institutions of
higher education, intercollegiate athletic associations, and
conferences shall allow an enrolled 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) the college athlete is subject to an abusive or
negligent environment within the institution of higher
education; or
(B)(i) it is the first time the enrolled college
athlete transfers or there is a head coaching change in
the enrolled college athlete's sport;
(ii) not less than 7 days before transferring, the
enrolled college athlete provides to his or her
athletic director notice of intent to transfer; and
(iii) the transfer does not occur during--
(I) the season or the post-season period of
the sport of the enrolled college athlete; or
(II) the 45-day period preceding the date
on which such season commences.
(3) Grant-in-aid protection.--An institution of higher
education may not eliminate or reduce the grant-in-aid of a
college athlete who submits a written notice of intent to
transfer or registers in a transfer portal, but rescinds the
notice of intent to transfer or exits the transfer portal, as
applicable, on a date that is--
(A) not later than 45 days after having initially
registered for the transfer portal; and
(B) not less than 100 days before the beginning of
the season of the sport of the college athlete.
(4) Inducements to transfer prohibited.--
(A) In general.--An institution of higher
education, an intercollegiate athletic association, a
conference, or a business partner of an institution of
higher education, an intercollegiate athletic
association, or a conference may not offer or provide
to an enrolled college athlete any compensation or
benefit (other than grant-in-aid) that is--
(i) conditioned on the enrolled college
athlete transferring to a particular
institution of higher education; or
(ii) intended to induce the enrolled
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 an enrolled college athlete with
reimbursement for expenses relating to campus tours or
visits.
(e) Right To Enter Professional Sports Drafts.--
(1) In general.--An institution of higher education, an
intercollegiate athletic association, or a conference may not
prevent the participation of an enrolled college athlete in
intercollegiate athletics based on the enrolled college athlete
having entered into a professional sports draft, if the
enrolled college athlete--
(A) does not receive compensation, directly or
indirectly, from a professional sports league; and
(B) not later than 7 days after the completion of
the draft or tryout, notifies his or her athletic
director of his or her intent to forgo participation in
the professional league.
(2) Prohibition on obligations and penalties.--A
professional sports league may not place any obligation on, or
penalize, a college athlete for entering its draft but choosing
instead to participate in intercollegiate athletics before
entering into a contract with a professional team or club.
(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 an enrolled college athlete in
intercollegiate athletics competition based on the enrolled 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 enrolled college athletes restrictions on
speech that are more stringent than restrictions on speech
imposed on other students enrolled in the institution of higher
education;
(3) except as otherwise provided in this Act, levy against
an enrolled 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 opportunities related to a college
athlete's use or profit from his or her name, image, likeness,
or athletic reputation; 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. RIGHT TO TITLE IX EQUITY.
(a) Institutions of Higher Education.--Each institution of higher
education shall--
(1) not later than July 1 each year--
(A) complete an evaluation, using all relevant
measures, of the compliance of the institution of
higher education with Title IX in athletics; and
(B) publish such evaluation on a publicly
accessible internet website of the institution of
higher education;
(2) publish on a publicly accessible internet website of
the institution of higher education the name and contact
information of the institution's Title IX coordinator; and
(3) inform college athletes enrolled at the institution of
higher education to whom an inquiry or a complaint relating to
Title IX in athletics may be addressed.
(b) Intercollegiate Athletic Associations and Conferences.--An
intercollegiate athletic association or a conference shall not
discriminate on the basis of sex with regard to the provision, to
college athletes in comparable sports, of health and safety, medical
care, rest, room and board, nutrition, athletic facilities, athletic
participation, transportation, and event promotions.
(c) Enforcement.--An intercollegiate athletics association shall--
(1) permanently ban an individual from intercollegiate
athletics if the individual knowingly provides misleading
information or causes omissions for the purpose of affecting a
Title IX evaluation referred to in this section; and
(2) provide college athletes the means to keep their
identity confidential when making a Title IX in athletics
inquiry or complaint to the intercollegiate athletics
association.
SEC. 5. MEDICAL EXPENSES FOR SPORTS-RELATED INJURIES AND HEALTH CARE
SERVICES FOR COLLEGE ATHLETES.
(a) Coverage and Expenses.--
(1) Institutions of higher education reporting $20,000,000
or more in athletics revenue.--Each institution of higher
education reporting $20,000,000 or more in total athletics
revenue to the Department of Education during the preceding
academic year shall be financially responsible for the out-of-
pocket sports-related medical expenses of each college athlete
of the institution, including expenses related to communicable
illnesses acquired by a former college athlete during their
intercollegiate athletics eligibility, during the 2-year period
beginning on the date of the former college athlete's last team
athletic activity.
(2) Institutions of higher education reporting $50,000,000
or more in athletics revenue.--Each institution of higher
education reporting $50,000,000 or more in total athletics
revenue to the Department of Education during the preceding
academic year shall--
(A) offer nationally portable primary medical
insurance to each enrolled college athlete, paid for by
the institution; and
(B) be financially responsible for the out-of-
pocket sports-related medical expenses of each college
athlete of the institution, including expenses related
to communicable illnesses acquired by a former college
athlete during their intercollegiate athletics
eligibility, during the 4-year period beginning on the
date on which the former college athlete ceased to be
an enrolled college athlete.
(3) Payment of out-of-network expenses.--If a college
athlete of an institution of higher education that is
responsible for the college athlete's medical expenses chooses
to receive medical care independent from the institution of
higher education's network, the institution of higher education
shall pay the amount that is the lesser of--
(A) the out-of-pocket expenses for such medical
care; or
(B) the amount the institution would have paid if
the college athlete had received the medical care
within the institution of higher education's network.
(4) Second opinions.--An institution of higher education--
(A) shall pay for a college athlete to obtain an
independent second opinion with respect to a sports-
related medical condition; and
(B) shall not impede a college athlete's right to
obtain such second medical opinion.
(b) Medical Trust Fund.--
(1) Establishment.--The Commission shall establish a
medical trust fund to cover the cost of--
(A)(i) for enrolled college athletes, the out-of-
pocket expenses relating to any athletic program-
related injury or illness not covered by an institution
of higher education; and
(ii) during the 4-year period beginning on the date
on which an individual ceases to be an enrolled college
athlete, the out-of-pocket expenses relating to any
athletic program-related injury or illness suffered by
such individual while the individual was an enrolled
college athlete;
(B) medical expenses for college athletes diagnosed
with athletic program-related conditions, including
chronic traumatic encephalopathy or other cognitive
impairment; and
(C) independent medical second opinions for
enrolled college athletes.
(2) Contributions.--
(A) In general.--Not later than July 31 each year,
each athletic association and conference that generates
over $200,000,000 in annual athletics revenue shall
make contributions to the Fund in an amount determined
by the Commission that totals, in the aggregate, not
more than $50,000,000 to help cover the costs of
medical treatment described in paragraph (1) for the
applicable academic year.
(B) Consideration.--In determining amounts to be
contributed by athletic associations and conferences
under subparagraph (A), the Commission shall take into
account their respective athletics revenues.
(C) 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 athletics
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 14 of the year in which the
payment was due.
(c) Physical Examinations.--
(1) In general.--Not later than 3 days after the date on
which the regular season of the sport of a college athlete ends
during the college athlete's final year of intercollegiate
athletics eligibility (or in the case of a transfer, not later
than 3 days after receiving a college athlete's notice of
intent to transfer), an institution of higher education shall
provide the college athlete notice of, and an opportunity to
undergo, a physical examination within or independent of the
institution of higher education's network for the purpose of
diagnosing any athletic program-related injury or condition.
(2) Former college athletes.--A former college athletes
shall be allowed not less than 60 days to complete a physical
examination under paragraph (1).
(d) Second Opinions.--An enrolled college athlete shall have the
right to obtain a medical second opinion independent from the medical
opinion given by the institution of higher education of the enrolled
college athlete.
(e) Independence of Trainers, Licensed Mental Health Professionals,
Medical Personnel, and Volunteers.--
(1) In general.--Any sports trainer, licensed mental health
professional, or medical personnel employed by an institution
of higher education shall--
(A) be employed by an office or department of the
institution of higher education that is independent of
the athletic department; and
(B) operate independently from the athletic
department.
(2) Volunteers.--Any sports trainer, licensed mental health
professional, or medical personnel who volunteers to provide
athletic training or mental health or medical services for
college athletes for an institution of higher education shall
operate independently from the athletic department.
SEC. 6. 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 standards for
intercollegiate athletic programs.
(2) Consultation and considerations.--In developing the
standards under paragraph (1), the Secretary shall--
(A) consult with--
(i) the Sports Science Institute of the
National Collegiate Athletic Association; and
(ii) college athlete health and safety
advocacy communities; 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 standards 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;
(M) best practices to prevent serious harm in
sports medicine, physical therapy, athletic training,
and athletic strength and conditioning;
(N) coaching principles prioritizing college
athlete well-being; and
(O) any other topic the Secretary considers
appropriate.
(b) Trainers and Medical Personnel.--Athletic trainers and
physicians shall have the autonomous, unchallengeable authority to
determine medical management and return-to-play decisions with respect
to college athletes, and a coach or other nonmedical personnel of an
institution of higher education may not attempt to influence or
disregard such decisions.
(c) Routine Compliance Audits.--Not less frequently than annually,
the Commission shall conduct an audit of athletic departments to verify
compliance with the standards established under subsection (a)(1).
(d) Penalties.--
(1) Individuals.--An individual shall be subject to a
lifetime ban on involvement in intercollegiate athletics if the
individual is found to have--
(A) caused serious harm--
(i) due to noncompliance with a standard
established under subsection (a)(1); or
(ii) by failing to adequately address such
noncompliance;
(B) threatened or retaliated against any individual
or entity that reports such noncompliance;
(C) knowingly provided false information; or
(D) attempted to obstruct an investigation by the
Commission related to a possible violation of such a
standard.
(2) Institutions of higher education.--An institution of
higher education found to be in noncompliance with a standard
established under subsection (a)(1) shall be responsible for
medical and academic expenses related to the resulting harm of
a college athlete and any other penalty or remedy, as
determined by the Commission.
SEC. 7. COLLEGE ATHLETES' RIGHT TO EDUCATIONAL OUTCOMES.
(a) Guarantee of Grant-in-Aid.--
(1) In general.--Except as provided in paragraph (3), an
institution of higher education that provides an enrolled
college athlete with grant-in-aid for an academic year shall
provide the individual with grant-in-aid described in paragraph
(2) for each subsequent academic year in which the individual
is enrolled at the institution--
(A) until the individual receives an undergraduate
degree from such institution; and
(B) regardless of athletic performance or permanent
injury.
(2) Amount.--Grant-in-aid awarded to an individual for a
subsequent year in accordance with paragraph (1) shall be in an
amount equal to the grant-in-aid provided to the individual for
the preceding year, increased annually for inflation, at a rate
reported by the Bureau of Labor Statistics for the preceding
year.
(3) Exceptions.--Paragraph (1) shall not apply with respect
to an individual who--
(A) is found by the institution of higher education
to have committed academic fraud or other misconduct
that would ordinarily result in expulsion; or
(B) earns a grade point average of less than 2.20
on a 4-point scale, or the equivalent, for 2 or more
consecutive semesters.
(b) Requirements for Academic Advising and Tutoring.--Any academic
advisor or tutoring services provided to an enrolled college athlete by
an institution of higher education shall be independent from the
athletic department of the institution of higher education.
(c) No Influence or Retaliation for Coursework.--An individual
employed by or volunteering for an athletic department of an
institution of higher education may not--
(1) attempt to discourage an enrolled college athlete from
selecting a course or an academic major of their choice; or
(2) retaliate against an enrolled college athlete based
on--
(A) the enrolled college athlete's selection of any
course or academic major; or
(B) the enrolled college athlete's attention to
coursework required by such course or major.
(d) No Interference in Extracurriculars.--An individual employed by
an athletic department of an institution of higher education shall not
interfere with, or discourage, any enrolled 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, examination periods, or mandatory
team activities.
SEC. 8. COLLEGE ATHLETES' RIGHT TO TRANSPARENCY.
(a) In General.--Prospective college athletes, including enrolled
college athletes seeking a transfer to an institution of higher
education, shall have the right to transparency in agreements that
grant an institution of higher education control over the
intercollegiate athletics eligibility of enrolled college athletes.
(b) Disclosures.--
(1) In general.--Such an agreement shall include the
following disclosures, which shall be legally binding:
(A) The amount of institution of higher education
athletics grant-in-aid and stipend offered to the
prospective college athlete, relative to the most
recent cost of attendance, for each academic school
year and each summer session.
(B) The amount and duration of institution of
higher education athletics grant-in-aid that will be
provided to assist the prospective college athlete with
graduate degree completion following the expiration of
their intercollegiate athletics eligibility.
(C) The percentage of comprehensive medical
coverage required, including any required coverage to
participate in intercollegiate athletics or to enroll
as a student, that will be paid for by the institution
of higher education during the enrolled college
athlete's intercollegiate athletics eligibility.
(D) The percentage of any out-of-pocket sports-
related medical expenses, including deductibles,
copays, and coinsurance, that will be paid by the
institution of higher education during the prospective
college athlete's intercollegiate athletics
eligibility, and any duration that such expenses will
be covered after the prospective college athlete's
intercollegiate athletics eligibility expires. The
difference between any in-network and out-of-network
expenses shall be stated.
(E) Whether the institution of higher education
will pay for a disability insurance policy to cover
future loss of earnings and any limit to such a policy,
including the maximum possible benefits based on
similarly situated college athletes.
(F) Notice that a college athlete has the
opportunity to transfer and be released from a national
letter of intent as outlined in this Act.
(2) Structure.--The disclosures required by paragraph (1)
shall be listed--
(A) in the order in which the disclosures are
described in that paragraph; and
(B) beginning on the first page of such agreement.
(3) Rule of construction.--Nothing in this subsection may
be construed to require an institution of higher education to
provide a benefit described in any of subparagraphs (A) through
(F) of paragraph (1) unless otherwise required by this Act.
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 enrolled college athlete to attend the
program during the enrolled college athlete's first year of
participation in intercollegiate athletics.
(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.--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
publish on a publicly accessible internet website of the institution
and submit to the Commission a report that includes, for the academic
year, the following:
(1) The revenues and expenditures of each athletic program,
including donations, Federal funds, State funds, and
compensation for athletic program personnel, individually and
in the aggregate.
(2) The average number of hours enrolled college athletes
participating in an intercollegiate sport spent on athletic
activities and team travel, including mandatory team activities
and voluntary team activities, disaggregated by athletic
program.
(3) The academic outcomes and majors for enrolled college
athletes reported by the Commission, disaggregated by athletic
program, current or former participation in an intercollegiate
sport, race and ethnicity, and gender.
(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).
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 academic, health, and economic interests
of college athletes.
(3) To ensure that college athlete agents 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 violations, and
to set penalties for violations.
(5) To protect and 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) 1 member shall have expertise
in sports economics.
(VIII) 1 member shall have
expertise in civil rights law and
compliance with Title IX.
(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 a college athlete's
use of, and ability to profit from, their name, image,
likeness, and athletic reputation.
(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;
(bb) agencies and entities
that represent college
athletes;
(cc) attorneys who
represent college athletes in
endorsement contracts; and
(dd) individuals and
entities that provide financial
advising services to college
athletes;
(II) revocation of such
certification, including the power to
assess fines and penalties for
individuals and entities that do not
comply with Commission standards; 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, annual
certification, and conduct 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 standards established by the Secretary of
Health and Human Services under section 6(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 the standards
established under section 6(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.--Beginning in 2023, not
later than August 1 each year, athletic
associations and conferences that generate over
$200,000,000 in annual revenue shall pay a fee
to the Commission in an amount determined by
the Commission that, subject to paragraph (2),
in the aggregate totals not more than
$50,000,000.
(ii) Adjustments.--The aggregate amount
described in subparagraph (A) shall be
increased annually for inflation, at a rate
reported by the Bureau of Labor Statistics for
the preceding year.
(iii) 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 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 5(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
5(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;
(v) establish penalties for violations of
this Act, including civil penalty amounts, and
update such penalties on an annual basis to
adjust for inflation;
(vi) establish rules to conduct reviews of
contracts under section 3(a)(2), taking into
considering payment arrangements that provide
royalties to college athletes whose names,
images, likenesses, or athletic reputations are
used in such activities; and
(vii) 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 information 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 enrolled college
athletes participating in an intercollegiate
sport.
(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 and with inclusion of current
college athletes, former college athletes, and athletic
administrators--
(A) a Health, Wellness, and Safety Advisory
Council;
(B) an Educational Opportunity Advisory Council;
(C) a Labor and Compensation Advisory Council; and
(D) a Gender Equity 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 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 2023 and 2024.
(n) Effective Date.--This section shall take effect on the date
that is 90 days 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 or a
permanent ban 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, 4, 7, 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. PREEMPTION.
No State or political subdivision of a State may establish or
continue in effect any law or regulation that governs, regulates, or
abrogates--
(1) the right of college athletes to be compensated by a
third party for use of their name, image, likeness, or athletic
reputation;
(2) the freedom and right of college athletes to secure
representation by college athlete agents or group licensing
entities;
(3) the regulation and certification of college athlete
agents and group licensing entities; and
(4) intercollegiate athletics eligibility with respect to--
(A) transfers to another institution of higher
education; and
(B) professional sports drafts.
SEC. 14. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to preempt, modify, limit, or supersede any State law
or regulation relating to attorneys or sports agents or other
athlete representatives who are not college athlete agents; 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. 15. 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.
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