Sec. 11. Commission on College Athletics
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There is established a commission, to be known as the Commission on College Athletics , for the following purposes: To act for the benefit of all college athletes, without regard to receipt of grant-in-aid. To protect the economic interests of college athletes. To ensure that agents of college athletes faithfully represent the interests of college athletes. To enforce this Act and the standards established under subsection (d)(1) in a manner adequate to deter such violations.
To promote the health, wellness, and safety of college athletes. 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. Except as otherwise provided in subsection (n), the Commission has perpetual existence. The Commission is not an agency (as defined in section 551 of title 5, United States Code). The Commission shall adopt a constitution and bylaws that reflect the rights and protections set forth in this Act.
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. The appointment of members of the Board shall be coordinated to ensure diversity among such members. Not more than 5 members of the Board may be appointed from the same political party. Each member appointed under subparagraph
(A)shall have achieved distinction in his or her respective professional field. The members of the Board shall be representatives of former college athletes, professional fields, and members of the public as follows: 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. 1 member shall have expertise in sports, contracts, and publicity rights law. 1 member shall have expertise in constitutional law with respect to the freedom of speech. 1 member shall have expertise in communications. 1 member shall be a certified public accountant with expertise in corporate financial audits and corporate compliance investigations. 1 member shall have expertise in arbitration. One member shall have expertise in sports economics. 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.). 2 members shall have expertise in health, wellness, and safety in sports. 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. 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. A member of the Board shall be appointed for a term of 5 years, except that— the Chair shall be appointed for a term of 2 years; and of the other members first appointed— 4 members shall be appointed for a term of 5 years; 3 members shall be appointed for a term of 4 years; and 2 members shall be appointed for a term of 3 years. 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. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. The term of any member shall not expire before the date on which the member’s successor takes office. The first chair of the Board shall be appointed by the President. Any subsequent chair of the Board shall be elected by a majority of the members of the Board. 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. A majority of members of the Board shall constitute a quorum. 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. The Commission shall establish standards with respect to endorsement contracts. The Commission shall establish standards with respect to— registration and annual certification of— college athlete agents; and agencies and entities that represent college athletes; revocation of such certification; and agency fees charged by college athlete agents. Section 3 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7802 ) is amended by adding at the end the following: The Commission on College Athletics established by section 11 of the College Athletes Bill of Rights shall— be recognized as the certification body for athlete agents; and have the authority to establish standards and procedures with respect to the registration and annual certification of 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. 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). 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). The Commission shall develop and disseminate educational materials relating to endorsement contracts for college athletes, institutions of higher education, intercollegiate athletic associations, and conferences. The member of the Board described in subsection (c)(1)(D)(ii)(IV) shall be responsible for disseminating such educational materials. The Commission shall establish and maintain a dedicated telephone hotline and an online portal by which college athletes may report— instances of improper conduct; and noncompliance with guidelines established under section 7(a)(1). 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— determine whether an investigation is warranted; and provide to the college athlete notification of the determination made under clause (i), together with a justification for such determination. A college athlete who makes a report under this paragraph shall be protected from threats and retaliation. 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. With respect to a dispute resolution process referred to in subparagraph (A), the Commission shall— provide to applicable individuals or entities notice and an opportunity for a hearing; and select an arbitrator, who shall make a decision on resolution of the dispute. A party to such a dispute resolution process may appeal the decision of the arbitrator to the Commission, which may— review the decision; and issue a final decision. The Commission may assess an annual certification fee for each college athlete agent certified in accordance with the standards established under paragraph (1)(B). The Commission may assess fees on intercollegiate athletic associations and conferences that have annual revenues exceeding $20,000,000. Intercollegiate athletic associations and conferences shall remit such fees to the Commission. The Commission may collect fees under paragraphs
(A)and
(B)in accordance with such rules as the Commission may establish. 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. The Commission may investigate any action by any such athletic program that would constitute a violation of Title IX. 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. The Commission shall administer the Fund as described in section 6(a). Not less frequently than annually, the Commission shall determine— the necessary funding levels to be maintained in the Fund to adequately fulfill the financial obligations of the Fund; and 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). On an ongoing basis, the Commission shall maintain in the Fund the level of funding determined necessary under subparagraph (B)(i). Not less frequently than annually, the Commission shall collect from institutions of higher education with athletic departments the amount determined under subparagraph (B)(ii). The Commission— shall— maintain the database as described in section 10(b); issue reports as described in subsection (j); conduct audits of athletic programs to ensure compliance with this Act and standards established under paragraph (1); carry out investigations relating to violations of this Act or any such standard; and carry out enforcement actions as described in section 12(a); and may— establish and maintain offices to conduct the affairs of the Commission; hire staff to carry out the duties described in this section; enter into contracts; acquire, own, lease, encumber, and transfer property as necessary to carry out such duties; borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; publish a magazine, newsletter, and other publications consistent with such duties; subpoena an individual the testimony of whom may be relevant to such duties; and 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). There is established within the Commission an Athlete Advisory Council to provide advice and expertise to the Commission. The members of the Athlete Advisory Council shall be selected by the Board as follows: 50 percent shall be current college athletes enrolled at institutions of higher education. 50 percent shall be former college athletes who have graduated from institutions of higher education. There are established within the Commission, for the purpose of providing advice and expertise to the Commission— a Health, Wellness, and Safety Advisory Council; an Educational Opportunity Advisory Council; and a Labor, Gender Equity, and Compensation Advisory Council. The term of a member of an advisory council established under this subsection shall be 2 years. 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. 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 ). The Ombudsman shall— provide independent advice to college athletes at no cost with respect to— the provisions of this Act; the constitution and bylaws of the Commission; and the resolution of any dispute relating to the opportunity of a college athlete to enter into an endorsement contract; assist college athletes in the resolution of any such dispute; and report to the Board and the Athlete Advisory Council on a regular basis. The procedure for hiring the Ombudsman shall be as follows: The Athlete Advisory Council shall provide the chair of the Board with the name of 1 qualified individual to serve as Ombudsman. The chair of the Board shall immediately transmit the name of such individual to the Board. The Board shall hire or not hire such individual after fully considering the advice and counsel of the Athlete Advisory Council. 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. The Commission may terminate the employment of an individual serving as Ombudsman only if— the termination is carried out in accordance with the applicable policies and procedures of the Commission; the termination is initially recommended to the Board by— a majority of the Board; or a majority of the Athlete Advisory Council; and the Board fully considers the advice and counsel of the Athlete Advisory Council before deciding whether to terminate the employment of such individual. The Commission may not engage in business for profit or issue stock. The Commission shall be nonpolitical and may not promote the candidacy of any individual seeking public office. 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. 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. 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— 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; the number of such disputes filed in the preceding year; 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 recommendations for legislative or administrative action, as the Commission considers appropriate. 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. Any fee assessed or fine imposed under this Act shall be allocated toward funding the Commission and its activities. There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 and 2022. This section shall take effect on the date that is 2 years after the date of the enactment of this Act.
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