S.Amdt. 6774

SA 6774. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 4668, to protect the name, image, and likeness
rights of, and provide protections for, student athletes and to promote
fair competition among intercollegiate athletics, and for other
purposes; which was ordered to lie on the table; as follows:

Strike section 122 and insert the following:

SEC. 122. COLLECTIVE BARGAINING RIGHTS OF COLLEGE ATHLETES.

(a) Definitions.--Section 2 of the National Labor Relations
Act (29 U.S.C. 152) is amended--
(1) in paragraph (2), by adding at the end the following:
``Notwithstanding the previous sentence, the term `employer'
includes a public institution of higher education with
respect to the employment of college athlete employees of the
institution.'';
(2) in paragraph (3), by adding at the end the following:
``Any individual who participates in an intercollegiate sport
for an institution of higher education, and is a student
enrolled in the institution of higher education, shall be
considered an employee of the institution of higher education
if--
``(A) the individual receives any form of direct
compensation, including grant-in-aid, from the institution of
higher education; and
``(B) any terms or conditions of such compensation require
participation in an intercollegiate sport.''; and
(3) by adding at the end the following:
``(15) The term `grant-in-aid' means a scholarship, grant,
or other form of financial assistance that is provided by an
institution of higher education to an individual for the
individual's undergraduate or graduate course of study.
``(16) The term `institution of higher education' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
``(17) The term `intercollegiate athletic conference'--
``(A) means any conference, or other group or organization,
of institutions of higher education that--
``(i) exercises authority over intercollegiate sports at
such institutions of higher education; and
``(ii) is engaged in commerce or an industry or activity
affecting commerce; and
``(B) notwithstanding subparagraph (A), does not include
the National Collegiate Athletic Association.
``(18) The term `college athlete employee' means an
individual described in the second sentence of paragraph
(3).''.
(b) Multiemployer Bargaining Unit.--Section 9(b) of the
National Labor Relations Act (29 U.S.C. 159(b)) is amended by
striking the period at the end and inserting the following:
``: Provided, That, for the purpose of establishing an
appropriate bargaining unit for college athlete employees at
institutions of higher education in an intercollegiate
athletic conference, the Board shall recognize multiple
institutions of higher education within an intercollegiate
athletic conference as a multiemployer bargaining unit, but
only if consented to by the employee representatives for the
intercollegiate sports bargaining units at the institutions
of higher

[[Page S4762]]

education that will be included in the multiemployer
bargaining unit.''.
(c) Jurisdiction Related to Intercollegiate Sports.--
Section 14(c)(1) of the National Labor Relations Act (29
U.S.C. 164(c)(1)) is amended by striking ``Provided,'' and
inserting the following: ``Provided, That the Board shall
exercise jurisdiction over institutions of higher education
and college athlete employees of such institutions in
relation to all collective bargaining matters under this Act
pertaining to such employees, including any representation
matter, such as recognizing or establishing a bargaining unit
for such employees and any labor dispute involving such
institutions and employees: Provided further,''.
(d) Prohibition on Waiver.--An individual may not enter
into any agreement (including an agreement for grant-in-aid,
as defined in section 3(15) of the National Labor Relations
Act (29 U.S.C. 152(15)) or legal settlement that waives or
permits noncompliance with this section or the amendments
made by this section.
(e) Treatment of Direct Compensation for Tax Purposes and
Eligibility for Federal Financial Assistance.--Nothing in
this section, or an amendment made by this section, shall--
(1) cause any type of direct compensation described in
section 2(3) of the National Labor Relations Act (29 U.S.C.
152(3)) that was not previously treated as income for which a
tax may be imposed under the Internal Revenue Code of 1986 to
become a type of direct compensation for which such a tax may
be imposed;
(2) cause any individual to be treated as an employee, or
cause any amounts received by an individual to be treated as
wages, for purposes of any provision in the Internal Revenue
Code of 1986 relating to employment taxes or the withholding
of taxes by an employer if such individual or amounts would
not otherwise be so treated;
(3) affect the treatment of qualified scholarships under
section 117 of the Internal Revenue Code of 1986; or
(4) otherwise affect the treatment of any direct
compensation described in such section 2(3) in determining
income, including gross income or adjusted gross income, for
purposes of--
(A) the Internal Revenue Code of 1986, including any
reporting requirements under such Code; or
(B) determining eligibility for any form of Federal
financial assistance, including assistance under subpart 1 of
part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a et seq.).
(f) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section and the
amendments made by this section, and the application of the
provision or amendment to any other person or circumstance,
shall not be affected.

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