; 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 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 Act or the amendments made by this Act. 4. Treatment of direct compensation for tax purposes and eligibility for Federal financial assistance Nothing in this Act, or an amendment made by this Act, shall— (1)