; and, accordingly, to establish effective collective bargaining rights for college athletes under this Act, the National Labor Relations Act must be amended to cover both private and public institutions of higher education to the extent that college athletes attending such institutions fall within the definition of employee under that Act, as amended by this Act. (10) The Constitution of the United States vests Congress with the power to regulate commerce between the States, and intercollegiate sports, which are maintained by athletic associations that host competitions between colleges across States, involves interstate commerce that generates annual revenue of more than $15,000,000,000. (11) Intercollegiate sports’ significant engagement in interstate commerce justifies application of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) to regulate the labor market within which public and private institutions of higher education compete and set rules pertaining to the wages and working conditions of college athletes. 3. 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.