,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ijcc ,,in ,,the ,,house ,,of ,,representatives ,december #ah1 #bjbj,ms4 ,schakowsky 7for herself and ,mr4 ,cohen7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect the rights of college athletes and to establish the ,commission on ,college ,athletics1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,college ,athletes ,bill of ,rights4 #b4 ,definitions ,in this ,act3 7#a7 ,athletic department ,the term athletic department means a department at an institution of higher education responsible for overseeing one or more athletic programs and related staff4 7#b7 ,athletic program ,the term athletic program means a program for a particular intercollegiate sport at an institution of higher education4 7#c7 ,athletic reputation ,the term athletic reputation means-- 7,a7 with respect to a college athlete1 the recognition or fame of the college athlete relating to the intercollegiate athletic ability1 standing1 participation1 or performance of the college athlete2 and 7,b7 with respect to an institution of higher education1 the recognition or fame the institution of higher education garners from the athletic programs of the institution of higher education4 7#d7 ,college athlete ,the term college athlete means an individual who participates in an intercollegiate sport for an institution of higher education4 7#e7 ,college athlete agent ,the term college athlete agent means an athlete agent 7as defined in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja77 who is certified in accordance with the standards established under section #aa7;d77#a74 7#f7 ,commercial sports revenue royalty ,the term commercial sports revenue royalty means funds distributed to a college athlete by an intercollegiate athletic association under section #e7;b77#b74 7#g7 ,commission ,the term ,commission means the ,commission on ,college ,athletics established by section #aa7;a74 7#h7 ,conference ,the term conference means a group or an association of athletic programs that play competitively against each other4 7#i7 ,cost of attendance ,the term cost of attendance-- 7,a7 has the meaning given the term in section #dgb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll72 and 7,b7 shall be calculated by the financial aid office of an institution of higher education applying the same standards1 policies1 and procedures for all students4 7#aj7 ,covered compensation ,the term covered compensation-- 7,a7 means any payment1 remuneration1 or benefit provided by a third party to a college athlete or a former college athlete2 and 7,b7 does not include the payment or provision of a grant-in-aid4 7#aa7 ,endorsement contract ,the term endorsement contract means an agreement for the commercial use of a college athlete's name1 image1 likeness1 or athletic reputation1 in exchange for covered compensation4 7#ab7 ,fund ,the term ,fund means the medical trust fund established under section #f7;a74 7#ac7 ,grant-in-aid ,the term grant-in-aid-- 7,a7 means a scholarship1 grant1 or other form of financial assistance1 including the provision of tuition1 room1 board1 books1 or funds for fees or personal expenses1 that-- 7i7 is paid or provided by an institution of higher education to a student for the student's undergraduate or graduate course of study2 and 7ii7 is in an amount that does not exceed the cost of attendance for such student at the institution of higher education2 and 7,b7 does not include covered compensation4 7#ad7 ,image ,the term image1 with respect to a college athlete1 means a photograph1 video1 or computer-generated representation that identifies1 is linked to1 or is reasonably linkable to the college athlete4 7#ae7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7#af7 ,intercollegiate athletic association ,the term intercollegiate athletic association means any association1 conference1 or other group or organization1 including the ,national ,collegiate ,athletic ,association1 that-- 7,a7 exercises authority over intercollegiate athletics2 and 7,b7 is engaged in commerce or in any industry or activity affecting commerce4 7#ag7 ,likeness ,the term likeness means-- 7,a7 with respect to a college athlete of a sport for which the college athlete has a jersey number1 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 education1 if the jersey number is accompanied by-- 7i7 a logo or color scheme that is clearly associated with the institution of higher education2 or 7ii7 some other means by which the jersey number is clearly associated with the particular college athlete2 and 7,b7 with respect to any college athlete or former college athlete-- 7i7 the uniquely identifiable voice1 catch phrase1 or nickname of the college athlete2 or 7ii7 any other trademark that identifies or distinguishes the college athlete4 7#ah7 ,name ,the term name1 with respect to a college athlete1 means-- 7,a7 the first name and last or family name that identifies the college athlete2 7,b7 a nickname or a preferred name of the college athlete2 or 7,c7 a name that the college athlete uses to identity the college athlete4 7#ai7 ,reporting year ,the term reporting year means the time period covered by a report submitted by an institution of higher education under section #dhe7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;g774 7#bj7 ,third party ,the term third party means an individual or entity other than an institution of higher education1 a conference1 or an intercollegiate athletic association4 #c4 ,college athlete rights and protections 7a7 ,right ,to market name1 image1 likeness1 or athletic reputation 7#a7 ,in general ,subject to a limitation pursuant to paragraph 7#c71 an institution of higher education1 an intercollegiate athletic association1 or a conference may not restrict the ability of college athletes1 individually or as a group1 to market the use of their names1 images1 likenesses1 or athletic reputations4 7#b7 ,group licensing ,a person may not use the name1 image1 likeness1 or athletic reputation of any member of a group described in paragraph 7#a7 to sell or promote any product unless the person obtains a license from the group for that purpose4 7#c7 ,certain ,state limitations permitted 7,a7 ,in general ,notwithstanding paragraph 7#a71 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 entities4 7,b7 ,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 7,a74 7#d7 ,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 education1 such institution of higher education may enter into a separate agreement with the third party concerned for the intellectual property rights or the name1 image1 likeness1 or athletic reputation rights of the institution of higher education1 including the use of the logos and team uniforms of the institution of higher education1 if-- 7,a7 the third party provides directly to the college athlete concerned covered compensation pursuant to the endorsement contract2 and 7,b7 the agreement between the institution of higher education and the third party is not initiated or coordinated by the institution of higher education4 7#e7 ,institution-sponsored competition and practices 7,a7 ,in general ,except as provided in subparagraph 7,b71 an institution of higher education may require a college athlete to use1 during a competition or practice sponsored by the institution of higher education1 apparel selected by the institution of higher education4 7,b7 ,exceptions 7i7 ,activities other than mandatory team activities ,an institution of higher education may not prohibit1 and may not enter into a contract that prohibits1 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 activity4 7ii7 ,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 activities1 unless the footwear has lights1 reflective fabric1 or poses a health risk to the college athlete4 7#f7 ,treatment of compensation1 benefits1 or royalties provided to college athletes ,covered compensation or commercial sports revenue royalties-- 7,a7 shall not be considered financial aid by any institution of higher education1 intercollegiate athletic association1 conference1 or third party2 and 7,b7 notwithstanding section #dhj7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgvv7j771 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 #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7b7 ,right to compensation for expenses 7#a7 ,in general ,an institution of higher education1 an intercollegiate athletic association1 or a conference may not restrict the ability of a college athlete to receive payment from any source for-- 7,a7 transportation1 room1 or board for one 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 competition2 7,b7 necessities1 including food1 shelter1 medical coverage1 and medical expenses2 or 7,c7 tuition1 fees1 books1 transportation1 or any other incidental expense that is not otherwise provided by an institution of higher education4 7#b7 ,grants-in-aid guarantees 7,a7 ,receipt of covered compensation pursuant to an endorsement contract shall not adversely affect-- 7i7 a college athlete's eligibility or opportunity to apply for a grant-in-aid2 or 7ii7 the amount1 duration1 or renewal of a college athlete's grant-in-aid4 7,b7 ,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 contract4 7c7 ,right to agent representation 7#a7 ,in general ,an institution of higher education1 an intercollegiate athletic association1 or a conference may not restrict the ability of a college athlete to obtain agent representation with respect to an endorsement contract1 including-- 7,a7 representation provided by college athlete agents1 group licensing entities1 and financial advisors2 and 7,b7 legal representation by attorneys4 7#b7 ,preventing conflicts of interest ,an institution of higher education1 an intercollegiate athletic association1 or a conference1 or a business partner of an institution of higher education1 an intercollegiate athletic association1 or a conference may not-- 7,a7 represent college athletes in endorsement contracts2 7,b7 regulate the representation of college athletes with respect to endorsement contracts2 or 7,c7 engage in the certification of individuals for such representation4 7d7 ,right ,to transfer 7#a7 ,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 athlete4 7#b7 ,limitation on transfer penalties ,institutions of higher education1 intercollegiate athletic associations1 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-- 7,a7 not less than #g days before transferring1 the college athlete provides to his or her athletic director notice of intent to transfer2 and 7,b7 the transfer does not occur during-- 7i7 the season of the sport of the college athlete2 or 7ii7 the #de-;day period preceding the date on which such season commences4 7#c7 ,inducements to transfer prohibited 7,a7 ,in general ,an institution of higher education1 an intercollegiate athletic association1 or a conference may not offer or provide to a college athlete any compensation or benefit 7other than grant-in-aid7 that is-- 7i7 conditioned on the college athlete transferring to a particular institution of higher education2 or 7ii7 intended to induce the college athlete to transfer to a particular institution of higher education4 7,b7 ,campus tours ,notwithstanding subparagraph 7,a71 an institution of higher education1 an intercollegiate athletic association1 or a conference may provide a college athlete with reimbursement for expenses relating to campus tours or visits4 7e7 ,right ,to enter professional sports drafts ,an institution of higher education1 an intercollegiate athletic association1 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-- 7#a7 does not receive compensation1 directly or indirectly1 from a professional sports league2 and 7#b7 not later than #g days after the completion of the draft1 notifies his or her athletic director of his or her intent to forgo participation in the professional league4 7f7 ,right to full participation in intercollegiate athletics competition ,an institution of higher education1 an intercollegiate athletic association1 a conference1 or a ,state may not maintain or enforce any rule1 requirement1 standard1 condition1 or other limitation that prevents the full participation of a college athlete in intercollegiate athletics competition based on the college athlete having-- 7#a7 entered into an endorsement contract2 or 7#b7 obtained representation described in subsection 7c77#a74 7g7 ,additional protections ,an institution of higher education1 an intercollegiate athletic association1 or a conference may not-- 7#a7 arrange an endorsement contract on behalf of a college athlete2 7#b7 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 athletes2 7#c7 levy against a college athlete any fine or other punishment that does not apply equally to other students enrolled in the institution of higher education2 7#d7 coordinate or cooperate with any other institution of higher education1 intercollegiate athletic association1 or conference to limit or determine the amount of payment offered to a college athlete under an endorsement contract2 or 7#e7 eliminate the funding of an athletic program unless all other options for reducing the expenses of the athletic program1 including reducing coach salaries and administrative and facility expenses1 are not feasible4 #d4 ,penalties for violations 7a7 ,institutions of higher education 7#a7 ,individuals ,an individual associated with an institution of higher education who is found1 after an investigation by the ,commission1 to have facilitated a violation of section #c shall be-- 7,a7 suspended from working at an institution of higher education for a period of not less than #a year2 7,b7 suspended from working at an institution of higher education for a period of not less than #e years2 or 7,c7 permanently banned from working at an institution of higher education4 7#b7 ,institutions 7,a7 ,in general ,an institution of higher education found to be in violation of section #c1 other than paragraph 7#d7 of section #c7;g71 shall be assessed a civil penalty that is the greater of-- 7i7 the amount equal to #ae percent of the total athletic revenue generated by the institution of higher education in the preceding academic year2 or 7ii7 #bjj1jjj4 7,b7 ,coordination or cooperation ,an institution of higher education found to be in violation of section #c7;g77#d7 shall be assessed a civil penalty that is the greater of-- 7i7 the amount equal to #bj percent of the total athletic revenue generated by the institution of higher education in the preceding academic year2 or 7ii7 #bej1jjj4 7b7 ,intercollegiate athletic associations and conferences 7#a7 ,individuals ,an individual associated with an intercollegiate athletic association or a conference found to be primarily responsible for a violation of section #c shall be banned or suspended from participation in intercollegiate athletics for a period of not less than #b years4 7#b7 ,intercollegiate athletic associations and conferences 7,a7 ,in general ,an intercollegiate athletic association or a conference found to be in violation of subsection 7a71 7b71 7c71 7e71 7f71 or 7g7 of section #c shall be assessed a civil penalty of #bej1jjj4 7,b7 ,interference ,with right to transfer ,an intercollegiate athletic association or a conference found to be in violation of section #c7;d7 shall be assessed a civil penalty of #ajj1jjj4 7c7 ,recommendations for greater penalties ,the ,commission may impose a penalty greater than a penalty described in this section4 #e4 ,revenue sharing 7a7 ,definitions 7#a7 ,athletic grant-in-aid limit ,the term athletic grant-in-aid limit means1 with respect to a particular sport1 the maximum number of athletic grant-in-aid scholarships an institution of higher education can award to college athletes in the sport1 as prescribed by an intercollegiate athletic association4 7#b7 ,commercial sports ,,nil revenue 7,a7 ,in general ,the term commercial sports ,,nil revenue1 when used in reference to an athletic program1 means the amount of total annual revenue generated from the athletic program at an institution of higher education4 7,b7 ,use of previously reported data ,for purposes of subparagraph 7,a71 an institution of higher education required to submit an annual report under section #dhe7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;g77 shall use the amounts described in paragraph 7#a77;,f7 of such section from the most recent report to determine the commercial sports ,,nil revenue for each athletic program4 7#c7 ,covered sports team ,the term covered sports team means an athletic program that participates in a division or subdivision for which #ej 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 subdivision4 7#d7 ,division or subdivision ,the term division or subdivision means a division or subdivision1 such as the ,football ,championship ,subdivision or the ,football ,bowl ,subdivision1 of a particular type of athletic program4 7#e7 ,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 athlete4 7b7 ,royalty payments 7#a7 ,payments to intercollegiate athletic associations ,not later than the first ,july #ae occurring after the date that is #a year after the date of enactment of this ,act1 and annually thereafter1 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 7#b71 the institution of higher education associated with the covered sports team shall transfer to the intercollegiate athletic association-- 7,a7 regardless of whether the institution of higher education awards any grant-in-aid to college athletes that participate on the covered sports team-- 7i7 #ej percent of such commercial sports ,,nil revenue2 minus 7ii7 the amount of grant-in-aid the institution of higher education awards to eligible college athletes that participate on the covered sports team2 7,b7 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 #ej percent of the commercial sports ,,nil revenue generated by the covered sports team1 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 size2 and 7,c7 a list of the eligible college athletes that participate on the covered sports team4 7#b7 ,payments to athletes ,not later than the first ,august #ae occurring after the date that is #a year after the date of enactment of this ,act1 and annually thereafter1 an intercollegiate athletic association that has governing authority over a covered sports team shall1 if practicable1 distribute among every eligible college athlete that participates in the division or subdivision in which the covered sports team participates-- 7,a7 the total commercial sports ,,nil revenue received from institutions of higher education under paragraph 7#a7 on account of a covered sports team that participates in the division or subdivision2 divided by 7,b7 the number of eligible college athletes that participate in the division during the applicable reporting year4 7#c7 ,delivery of royalties ,an intercollegiate athletic association may distribute a commercial sports revenue royalty to an eligible college athlete under this subsection-- 7,a7 directly2 or 7,b7 upon the request of the eligible college athlete1 through the licensing group of the eligible college athlete4 7c7 ,transparency 7#a7 ,institutions of higher education ,not later than the first ,july #ca occurring after the date that is #a year after the date of enactment of this ,act1 and annually thereafter1 an institution of higher education shall make public and disclose to the college athletes of the institution of higher education-- 7,a7 the commercial sports ,,nil revenue generated by each athletic program of the institution of higher education2 and 7,b7 if the institution of higher education has one or more covered sports teams1 the amount of the commercial sports revenue royalties distributed to each eligible college athlete on each covered sports team4 7#b7 ,intercollegiate athletic associations ,not later than the first ,july #ca occurring after the date that is #a year after the date of enactment of this ,act1 and annually thereafter1 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 association1 organized by institution of higher education and sport4 7d7 ,conforming amendment ,section #dhe7;g77#a77;,f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;g77#a77;,f77 is amended by striking except that an institution may also report such revenues by individual team and inserting 1 in the aggregate and disaggregated by individual team4 #f4 ,medical expenses for sports-related injuries and health care services for college athletes 7a7 ,medical trust fund 7#a7 ,establishment ,the ,commission shall establish a medical trust fund to cover the cost of-- 7,a7 7i7 for college athletes1 the out-of-pocket expenses relating to any sports-related injury2 and 7ii7 during the #e-year period beginning on the date on which an individual ceases to be a college athlete1 the out-of-pocket expenses relating to any sports-related injury or illness suffered by such individual while the individual was a college athlete2 7,b7 medical expenses for college athletes and former college athletes diagnosed with certain sports-related conditions1 including chronic traumatic encephalopathy2 and 7,c7 independent medical second opinions for college athletes4 7#b7 ,contributions 7,a7 ,in general ,not later than ,july #ca each year1 institutions of higher education with athletic departments shall make contributions to the ,fund as follows3 7i7 ,revenue under #bj1jjj1jjj ,an institution of higher education the athletic department of which generated less than #bj1jjj1jjj in total revenue during the preceding reporting year shall contribute #b4e percent of such revenue to the ,fund4 7ii7 ,revenue #bj1jjj1jjj or greater ,an institution of higher education the athletic department of which generated #bj1jjj1jjj or more in total revenue during the preceding reporting year shall contribute #d percent of such revenue to the ,fund4 7,b7 ,penalty for noncompliance 7i7 ,in general ,an institution of higher education that fails to make a timely contribution required by subparagraph 7,a7 shall-- 7,i7 make the delinquent contribution retroactively2 and 7,,ii7 be assessed-- 7aa7 interest on such contribution at a rate of #aj percent annually2 and 7bb7 a civil penalty that is the greater of-- 7,,aa7 for each academic year concerned1 the amount equal to #bj percent of the total athletic revenue generated by the institution of higher education2 or 7,,bb7 #bjj1jjj4 7ii7 ,waiver ,in the case of a first delinquent contribution1 the ,commission may waive the applicability of clause 7i7 on request by the institution of higher education concerned if the institution of higher education makes the delinquent payment not later than ,august #g of the year in which the payment was due4 7b7 ,physical examinations ,before the expiration of eligibility for intercollegiate athletics1 a college athlete shall be offered the opportunity to undergo a physical examination for the purpose of diagnosing any sports-related injury or condition4 7c7 ,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 enrolled4 7d7 ,trainers and medical personnel ,any sports trainer or medical personnel employed by an institution of higher education shall-- 7#a7 be employed by the health office of the institution of higher education2 and 7#b7 operate independently from the athletic department4 #g4 ,health1 wellness1 and safety standards 7a7 ,establishment of standards 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall establish health1 wellness1 and safety guidelines for intercollegiate athletic programs4 7#b7 ,consultation and considerations ,in developing the standards under paragraph 7#a71 the ,secretary shall-- 7,a7 consult with the ,sports ,science ,institute of the ,national ,collegiate ,athletic ,association2 and 7,b7 consider existing guidelines of relevant nonprofit entities1 such as the ,national ,collegiate ,athletic ,association1 conferences1 professional sports leagues1 the ,national ,athletic ,trainers ,association1 and college athlete advocacy communities4 7#c7 ,content ,the guidelines established under paragraph 7#a7 shall address-- 7,a7 cardiac health2 7,b7 concussion and traumatic brain injuries2 7,c7 illegal performance enhancers and substance abuse2 7,d7 mental health2 7,e7 nutrition1 sleep1 and performance2 7,f7 overuse injuries1 periodization1 and heat-related illnesses2 7,g7 sexual assault and interpersonal violence2 7,h7 athletics health care administration2 7,i7 weight and pain management2 7,j7 ,rhabdomyolysis2 7,k7 sickle cell trait2 7,l7 asthma2 and 7,m7 such other topics as the ,secretary determines appropriate4 7b7 ,routine compliance audits ,not less frequently than monthly1 the ,commission shall conduct an audit of athletic programs to verify compliance with the guidelines established under subsection 7a77#a74 7c7 ,penalties 7#a7 ,individuals ,an individual found to be primarily responsible for noncompliance with a guideline established under subsection 7a77#a71 or for threatening or retaliating against any individual or entity that reports such noncompliance1 shall be subject to a lifetime ban on involvement with intercollegiate athletics4 7#b7 ,institutions of higher education ,an institution of higher education found to be in noncompliance with a guideline established under subsection 7a77#a7 shall be assessed1 for each academic year in which the noncompliance occurred1 a civil penalty in the amount equal to #cj percent of the total athletic revenue generated by the institution of higher education4 #h4 ,college athletes' right to educational outcomes 7a7 ,ensuring college athletes' right to educational outcomes 7#a7 ,guarantee of scholarships 7,a7 ,in general ,except as provided in subparagraph 7,c71 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 7,b7 for each subsequent academic year-- 7i7 in which the individual is enrolled at the institution and until the individual receives an undergraduate degree from such institution2 and 7ii7 without regard to whether the individual is playing an intercollegiate sport for the institution during any such subsequent year4 7,b7 ,amount ,a scholarship awarded to an individual for a subsequent year in accordance with subparagraph 7,a7 shall be in an amount equal to the scholarship provided to the individual for the preceding year1 increased by the rate of inflation for the preceding year4 7,c7 ,exceptions ,the requirements of subparagraph 7,a7 shall not apply if an individual-- 7i7 is found by the institution to have committed academic fraud or other misconduct that would ordinarily result in expulsion2 or 7ii7 earns a grade point average of less than #b4bj on a #d-point scale1 or the equivalent1 for #b or more consecutive semesters4 7,d7 ,definition of college athlete scholarship ,in this paragraph1 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 year4 7#b7 ,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 education4 7#c7 ,no influence or retaliation for coursework ,an individual working or volunteering for an athletic department of an institution of higher education may not influence1 or retaliate against a college athlete based on1 a college athlete's selection of any course or academic major4 7#d7 ,no interference in extracurriculars ,an individual working for an athletic department of an institution of higher education shall not interfere with1 or discourage1 any college athlete who wishes to secure employment or internships1 participate in student groups or events1 or serve as a volunteer1 as long as such activities do not interfere with mandatory class time or mandatory team activities4 7b7 ,penalties ,an institution of higher education found to be in violation of subsection 7a71 or to have permitted the work or volunteering of an individual who violated such subsection1 shall be assessed1 for each individual harmed by the violation1 a civil penalty of #ge1jjj4 #i4 ,financial literacy and life skills development program 7a7 ,in general ,each institution of higher education shall-- 7#a7 offer a financial literacy and life skills development program described in subsection 7b72 and 7#b7 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 sport4 7b7 ,financial literacy and life skills development program 7#a7 ,in general ,each financial literacy and life skills development program offered under subsection 7a7 shall-- 7,a7 be not less than #ae hours in total duration across sessions2 7,b7 be eligible for postsecondary credit1 consistent with the credit allocation guidelines of the institution of higher education2 and 7,c7 include1 at a minimum1 information regarding-- 7i7 the rights of college athletes under this ,act2 and 7ii7 time management skills1 personal budgeting1 debt1 credit1 and interest rates4 7#b7 ,limitation ,a financial literacy and life skills development program offered under subsection 7a7 may not include any marketing1 advertising1 referral1 or solicitation by providers of financial products or services4 #aj4 ,reporting and accountability 7a7 ,annual reporting by institutions of higher education 7#a7 ,in general ,not later than #fj days after the date on which an academic year ends1 each institution of higher education with one or more athletic programs shall submit to the ,commission a report that includes1 for the academic year1 the following3 7,a7 ,the revenues and expenditures of each athletic program1 including booster donations and compensation for athletic program personnel1 disclosed under section #e7;c77#a74 7,b7 ,the average number of hours college athletes enrolled at the institution of higher education spent on athletic activities1 including mandatory and voluntary team activities1 and team travel1 disaggregated by athletic program4 7,c7 ,the academic outcomes for college athletes enrolled at the institution of higher education1 disaggregated by athletic program1 race and ethnicity1 and gender4 7#b7 ,penalties for noncompliance ,an institution of higher education that fails to timely submit a report under paragraph 7#a71 or intentionally submits an inaccurate report1 as determined by the ,commission1 shall be assessed a civil penalty that is the greater of-- 7,a7 the amount equal to #ae percent of the total athletic revenue generated by the institution of higher education2 or 7,b7 #bjj1jjj4 7b7 ,commission database ,the ,commission shall maintain a publicly accessible1 searchable database that contains the information provided in each annual report submitted under subsection 7a77#a74 #aa4 ,commission on ,college ,athletics 7a7 ,establishment ,there is established a commission1 to be known as the ,commission on ,college ,athletics1 for the following purposes3 7#a7 ,to act for the benefit of all college athletes1 without regard to receipt of grant-in-aid4 7#b7 ,to protect the economic interests of college athletes4 7#c7 ,to ensure that agents of college athletes faithfully represent the interests of college athletes4 7#d7 ,to enforce this ,act and the standards established under subsection 7d77#a7 in a manner adequate to deter such violations4 7#e7 ,to promote the health1 wellness1 and safety of college athletes4 7b7 ,organization 7#a7 ,federal charter ,the ,commission is a federally chartered corporation1 governed by a board of directors1 and entrusted with the constitutional duty to take care that the laws be faithfully executed4 7#b7 ,perpetual existence ,except as otherwise provided in subsection 7n71 the ,commission has perpetual existence4 7#c7 ,status ,the ,commission is not an agency 7as defined in section #eea of title #e1 ,united ,states ,code74 7#d7 ,constitution and bylaws ,the ,commission shall adopt a constitution and bylaws that reflect the rights and protections set forth in this ,act4 7c7 ,board of directors 7#a7 ,composition 7,a7 ,in general ,the board of directors of the ,commission 7referred to in this section as the ,board7 shall be comprised of #i members1 who1 subject to subparagraphs 7,b7 through 7,e71 shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7,b7 ,diversity ,the appointment of members of the ,board shall be coordinated to ensure diversity among such members4 7,c7 ,political party ,not more than #e members of the ,board may be appointed from the same political party4 7,d7 ,requirements 7i7 ,in general ,each member appointed under subparagraph 7,a7 shall have achieved distinction in his or her respective professional field4 7ii7 ,representation ,the members of the ,board shall be representatives of former college athletes1 professional fields1 and members of the public as follows3 7,i7 ,not fewer than #e members filling the designated categories described in subclauses 7,,ii7 through 7,,ix7 shall be former college athletes who have graduated from an institution of higher education4 7,,ii7 #a member shall have expertise in sports1 contracts1 and publicity rights law4 7,,iii7 #a member shall have expertise in constitutional law with respect to the freedom of speech4 7,,iv7 #a member shall have expertise in communications4 7,v7 #a member shall be a certified public accountant with expertise in corporate financial audits and corporate compliance investigations4 7,,vi7 #a member shall have expertise in arbitration4 7,,vii7 #a member shall have expertise in sports economics4 7,,viii7 #a member shall have expertise in civil rights law and compliance with title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7,,ix7 #b members shall have expertise in health1 wellness1 and safety in sports4 7,e7 ,independence 7i7 ,in general ,an individual who is employed by an institution of higher education1 serves on the governing body of an institution of higher education1 or receives compensation from an athletic program of an institution of higher education1 an intercollegiate athletic association1 or a conference1 including a commissioner or an administrator of such an athletic program1 an intercollegiate athletic association1 or a conference1 may not serve as a member of the ,board4 7ii7 ,former commissioners and administrators ,a former commissioner or administrator of an athletic program of an institution of higher education1 an intercollegiate athletic association1 or a conference shall not be eligible to serve on the ,board4 7#b7 ,terms2 vacancies 7,a7 ,terms ,a member of the ,board shall be appointed for a term of #e years1 except that-- 7i7 the ,chair shall be appointed for a term of #b years2 and 7ii7 of the other members first appointed-- 7,i7 #d members shall be appointed for a term of #e years2 7,,ii7 #c members shall be appointed for a term of #d years2 and 7,,iii7 #b members shall be appointed for a term of #c years4 7,b7 ,vacancies 7i7 ,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 appointment4 7ii7 ,filling unexpired term ,an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced4 7,c7 ,expiration of terms ,the term of any member shall not expire before the date on which the member's successor takes office4 7#c7 ,chair 7,a7 ,initial appointment ,the first chair of the ,board shall be appointed by the ,president4 7,b7 ,subsequent appointments ,any subsequent chair of the ,board shall be elected by a majority of the members of the ,board4 7#d7 ,initial meeting ,not later than #fj days after the date on which the majority of members have been appointed under paragraph 7#a77;,a71 the ,board shall hold an initial meeting4 7#e7 ,quorum ,a majority of members of the ,board shall constitute a quorum4 7#f7 ,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 #ecae of title #e1 ,united ,states ,code4 7d7 ,duties and authority 7#a7 ,establishment of standards 7,a7 ,endorsement contracts ,the ,commission shall establish standards with respect to endorsement contracts4 7,b7 ,certification of college athlete agents 7i7 ,in general ,the ,commission shall establish standards with respect to-- 7,i7 registration and annual certification of-- 7aa7 college athlete agents2 and 7bb7 agencies and entities that represent college athletes2 7,,ii7 revocation of such certification2 and 7,,iii7 agency fees charged by college athlete agents4 7ii7 ,recognition of the ,commission as college athlete agent certification body ,section #c of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghjb7 is amended by adding at the end the following3 7c7 ,recognition of the ,commission on ,college ,athletics as certification body ,the ,commission on ,college ,athletics established by section #aa of the ,college ,athletes ,bill of ,rights shall-- 7#a7 be recognized as the certification body for athlete agents2 and 7#b7 have the authority to establish standards and procedures with respect to the registration and annual certification of athlete agents4 4 7iii7 ,educational requirements for college athlete agents ,the ,commission may not establish a standard requiring college athlete agents to attain a bachelor's degree1 an associate's degree1 or a graduate degree from an institution of higher education4 7,c7 ,health1 wellness1 and safety ,the ,commission shall establish standards with respect to the health1 wellness1 and safety of college athletes consistent with the guidelines established by the ,secretary of ,health and ,human ,services under section #g7;a77#a74 7,d7 ,purposes of ,commission governing standards ,in establishing the standards under this paragraph1 the ,commission shall ensure that such standards effectuate the purposes of the ,commission set forth in subsection 7a74 7#b7 ,development of educational materials 7,a7 ,in general ,the ,commission shall develop and disseminate educational materials relating to endorsement contracts for college athletes1 institutions of higher education1 intercollegiate athletic associations1 and conferences4 7,b7 ,dissemination of information ,the member of the ,board described in subsection 7c77#a77;,d77ii77,,iv7 shall be responsible for disseminating such educational materials4 7#c7 ,reporting mechanism 7,a7 ,in general ,the ,commission shall establish and maintain a dedicated telephone hotline and an online portal by which college athletes may report-- 7i7 instances of improper conduct2 and 7ii7 noncompliance with guidelines established under section #g7;a77#a74 7,b7 ,procedure ,not later than #cj days after receiving a report from a college athlete regarding an instance of improper conduct or noncompliance with such guidelines1 the ,commission shall-- 7i7 determine whether an investigation is warranted2 and 7ii7 provide to the college athlete notification of the determination made under clause 7i71 together with a justification for such determination4 7,c7 ,protection from retaliation ,a college athlete who makes a report under this paragraph shall be protected from threats and retaliation4 7#d7 ,resolution of disputes 7,a7 ,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 athletes1 institutions of higher education1 intercollegiate athletic associations1 and conferences4 7,b7 ,procedure 7i7 ,in general ,with respect to a dispute resolution process referred to in subparagraph 7,a71 the ,commission shall-- 7,i7 provide to applicable individuals or entities notice and an opportunity for a hearing2 and 7,,ii7 select an arbitrator1 who shall make a decision on resolution of the dispute4 7ii7 ,appeal ,a party to such a dispute resolution process may appeal the decision of the arbitrator to the ,commission1 which may-- 7,i7 review the decision2 and 7,,ii7 issue a final decision4 7#e7 ,assessment of fees 7,a7 ,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 7#a77;,b74 7,b7 ,certain intercollegiate athletic associations and conferences 7i7 ,in general ,the ,commission may assess fees on intercollegiate athletic associations and conferences that have annual revenues exceeding #bj1jjj1jjj4 7ii7 ,remittance of fees ,intercollegiate athletic associations and conferences shall remit such fees to the ,commission4 7,c7 ,collection ,the ,commission may collect fees under paragraphs 7,a7 and 7,b7 in accordance with such rules as the ,commission may establish4 7#f7 ,title ,,ix monitoring1 investigations1 and reporting 7,a7 ,monitoring ,the ,commission shall monitor and provide publicly available information about the compliance with title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 7referred to in this paragraph as ,title ,,ix7 of athletic programs within an institution of higher education that is subject to ,title ,,ix4 7,b7 ,investigations ,the ,commission may investigate any action by any such athletic program that would constitute a violation of ,title ,,ix4 7,c7 ,reporting ,if1 in the course of such an investigation1 the ,commission becomes aware of a potential violation of ,title ,,ix1 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 violation4 7#g7 ,additional duties and authorities ,the ,commission-- 7,a7 shall-- 7i7 administer the ,fund as described in section #f7;a72 7ii7 maintain the database as described in section #aj7;b72 7iii7 issue reports as described in subsection 7j72 7iv7 conduct audits of athletic programs to ensure compliance with this ,act and standards established under paragraph 7#a72 7v7 carry out investigations relating to violations of this ,act or any such standard2 and 7vi7 carry out enforcement actions as described in section #ab7;a72 and 7,b7 may-- 7i7 establish and maintain offices to conduct the affairs of the ,commission2 7ii7 hire staff to carry out the duties described in this section2 7iii7 enter into contracts2 7iv7 acquire1 own1 lease1 encumber1 and transfer property as necessary to carry out such duties2 7v7 borrow money1 issue instruments of indebtedness1 and secure its obligations by granting security interests in its property2 7vi7 publish a magazine1 newsletter1 and other publications consistent with such duties2 7vii7 subpoena an individual the testimony of whom may be relevant to such duties2 and 7viii7 carry out any other activity1 including the issuance of rules1 regulations1 and orders1 as the ,commission considers necessary and proper to carry out such duties or the purposes set forth in subsection 7a74 7e7 ,advisory councils 7#a7 ,athlete ,advisory ,council 7,a7 ,establishment ,there is established within the ,commission an ,athlete ,advisory ,council to provide advice and expertise to the ,commission4 7,b7 ,membership ,the members of the ,athlete ,advisory ,council shall be selected by the ,board as follows3 7i7 #ej percent shall be current college athletes enrolled at institutions of higher education4 7ii7 #ej percent shall be former college athletes who have graduated from institutions of higher education4 7#b7 ,other advisory councils ,there are established within the ,commission1 for the purpose of providing advice and expertise to the ,commission-- 7,a7 a ,health1 ,wellness1 and ,safety ,advisory ,council2 7,b7 an ,educational ,opportunity ,advisory ,council2 and 7,c7 a ,labor1 ,gender ,equity1 and ,compensation ,advisory ,council4 7#c7 ,term ,the term of a member of an advisory council established under this subsection shall be #b years4 7#d7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,labor1 ,gender ,equity1 and ,compensation ,advisory ,council shall issue a public report that describes potential pathways for college athletes to collectively bargain and form a union4 7f7 ,ombudsman for college athletes 7#a7 ,in general ,the ,commission shall hire and provide salary1 benefits1 and administrative expenses for an ombudsman for college athletes 7referred to in this subsection as the ,ombudsman74 7#b7 ,duties ,the ,ombudsman shall-- 7,a7 provide independent advice to college athletes at no cost with respect to-- 7i7 the provisions of this ,act2 7ii7 the constitution and bylaws of the ,commission2 and 7iii7 the resolution of any dispute relating to the opportunity of a college athlete to enter into an endorsement contract2 7,b7 assist college athletes in the resolution of any such dispute2 and 7,c7 report to the ,board and the ,athlete ,advisory ,council on a regular basis4 7#c7 ,hiring procedures2 vacancy2 termination 7,a7 ,hiring procedures ,the procedure for hiring the ,ombudsman shall be as follows3 7i7 ,the ,athlete ,advisory ,council shall provide the chair of the ,board with the name of #a qualified individual to serve as ,ombudsman4 7ii7 ,the chair of the ,board shall immediately transmit the name of such individual to the ,board4 7iii7 ,the ,board shall hire or not hire such individual after fully considering the advice and counsel of the ,athlete ,advisory ,council4 7,b7 ,vacancy ,if there is a vacancy in the position of ,ombudsman1 the nomination and hiring procedure set forth in this paragraph shall be followed in a timely manner4 7,c7 ,termination ,the ,commission may terminate the employment of an individual serving as ,ombudsman only if-- 7i7 the termination is carried out in accordance with the applicable policies and procedures of the ,commission2 7ii7 the termination is initially recommended to the ,board by-- 7,i7 a majority of the ,board2 or 7,,ii7 a majority of the ,athlete ,advisory ,council2 and 7iii7 the ,board fully considers the advice and counsel of the ,athlete ,advisory ,council before deciding whether to terminate the employment of such individual4 7g7 ,restrictions 7#a7 ,profit and stock ,the ,commission may not engage in business for profit or issue stock4 7#b7 ,political activities ,the ,commission shall be nonpolitical and may not promote the candidacy of any individual seeking public office4 7h7 ,headquarters1 principal office1 and meetings ,the ,commission shall maintain its principal office and national headquarters in a location in the ,united ,states decided by the ,commission4 ,the ,commission may hold its annual and special meetings in the places decided by the ,commission4 7i7 ,service of process ,as a condition to the exercise of any authority or privilege granted by this section1 the ,commission shall have a designated agent to receive service of process for the ,commission4 ,notice to or service on the agent1 or mailed to the business address of the agent1 is notice to or service on the ,commission4 7j7 ,reports ,not less frequently than annually1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,president a report that includes-- 7#a7 the number of disputes resolved by the ,commission in the preceding year under subsection 7d77#d71 and if applicable1 a description of such dispute resolutions2 7#b7 the number of such disputes filed in the preceding year2 7#c7 with respect to a violation of this ,act or a standard or rule established under this ,act1 a summary of the violation and a description of the enforcement action taken by the ,commission2 and 7#d7 recommendations for legislative or administrative action1 as the ,commission considers appropriate4 7k7 ,applicability of the ,freedom of ,information ,act ,the provisions of section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act71 shall apply to the activities1 records1 and proceedings of the ,commission4 7l7 ,funding ,any fee assessed or fine imposed under this ,act shall be allocated toward funding the ,commission and its activities4 7m7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba and #bjbb4 7n7 ,effective date ,this section shall take effect on the date that is #b years after the date of the enactment of this ,act4 #ab4 ,enforcement 7a7 ,enforcement by ,commission 7#a7 ,in general ,the ,commission shall carry out enforcement actions for any violation of this ,act1 or a standard or rule established under this ,act1 including by-- 7,a7 levying fines2 7,b7 imposing penalties1 including suspension of an individual or entity from participation in intercollegiate athletics competition for a period determined by the ,commission2 and 7,c7 commencing civil actions and seeking all appropriate legal1 equitable1 or other relief1 including damages and injunctions4 7#b7 ,notice ,with respect to an enforcement action carried out under this subsection1 the ,commission shall provide to the individual or entity concerned notice of the enforcement action and an opportunity for a hearing4 7#c7 ,imposition of fines ,with respect to a violation of this ,act1 or a standard or rule established under this ,act1 that has damaged or unjustly enriched a regulated party1 the ,commission shall impose a fine in an amount not less than the value of the damage or unjust enrichment4 7#d7 ,representation ,the ,commission may act in its own name and through its own attorneys-- 7,a7 in enforcing any provision of this ,act1 the standards and rules established under this ,act1 or any other law or regulation2 and 7,b7 in any civil action1 suit1 or proceeding to which the ,commission is a party4 7#e7 ,compromise of actions ,the ,commission may compromise or settle any civil action if such compromise or settlement is approved by the court4 7#f7 ,forum ,a civil action under this ,act may be brought by the ,commission in a ,federal district court of competent jurisdiction4 7#g7 ,rule of construction ,an enforcement action carried out by the ,commission shall be construed as an enforcement action carried out by the ,federal ,government1 and the ,federal ,government shall be considered to be exercising political responsibility for such action1 regardless of any claim of a ,state to sovereign immunity under the #aath ,amendment to the ,constitution of the ,united ,states or any other law4 7b7 ,institutions of higher education ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 7,a7 ,the institution will-- 7i7 comply1 and ensure that all business partners of the institution comply1 with the requirements of sections #c1 #e1 #h1 #i1 and #aj7;a7 of the ,college ,athletes ,bill of ,rights2 and 7ii7 not participate in any athletic conference or athletic association that fails to comply with such requirements4 4 7c7 ,private right of action ,a college athlete aggrieved by a violation of this ,act1 or a standard or rule established under this ,act1 may bring a civil action for all appropriate remedies in a ,federal district court of competent jurisdiction4 7d7 ,actions by ,state 7#a7 ,in general ,in any case in which the attorney general of a ,state1 or such other official as the ,state may designate1 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 ,act1 or a standard or rule established under this ,act1 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-- 7,a7 to enforce compliance with this ,act or such standard or rule2 and 7,b7 for all appropriate remedies4 7#b7 ,notice 7,a7 ,in general ,before filing an action under this subsection or commencing any other administrative or regulatory proceeding to enforce this ,act1 or a standard or rule established under this ,act1 the attorney general1 official1 or agency of the ,state involved shall provide to the ,commission-- 7i7 a written notice of such action or proceeding2 and 7ii7 a copy of the complaint for such action or proceeding4 7,b7 ,contents of notice ,the written notice required by subparagraph 7,a7 shall include-- 7i7 the identity of the parties2 7ii7 a description of the alleged facts underlying the action or proceeding2 and 7iii7 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 agency4 7,c7 ,commission response ,on receiving notice under this paragraph of an action or proceeding under this subsection1 the ,commission shall have the right-- 7i7 to intervene in the action or proceeding2 7ii7 upon so intervening-- 7,i7 to remove the action or proceeding to the appropriate ,united ,states district court1 if the action or proceeding was not originally brought there2 and 7,,ii7 to be heard on all matters arising in the action or proceeding2 and 7iii7 to appeal any order or judgment1 to the same extent as any other party in the proceeding4 7#c7 ,regulations ,the ,commission shall prescribe regulations to implement this subsection and1 from time to time1 provide guidance to further coordinate actions with ,state attorneys general and other regulators4 7#d7 ,rule of construction ,nothing in this subsection may be construed as altering1 limiting1 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 ,state4 7e7 ,applicability of ,sports ,agent ,responsibility and ,trust ,act to college athlete agents ,sections #c through #e of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghjb-ghjd7 shall apply with respect to college athlete agents4 7f7 ,sovereign immunity ,the use or receipt by a ,state of ,federal financial assistance for a work-study program under section #cdhe of title #ch1 ,united ,states ,code1 shall constitute a waiver of sovereign immunity1 under the #aath ,amendment to the ,constitution of the ,united ,states or any other law1 to any suit brought by any college athlete aggrieved by a violation of this ,act or by any enforcement action brought by the ,commission1 for legal1 equitable1 or other relief 7including damages and injunctions7 under this ,act4 #ac4 ,rule of construction ,nothing in this ,act may be construed to preempt1 modify1 limit1 or supersede any ,state law or regulation relating to sports agents1 attorneys1 or other athlete representatives4 #ad4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4