,,ii #aafth ,,congress #b;d ,session ,s4 #ejjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjbj ,mr4 ,wicker introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the rights of student athletes1 to provide for transparency and accountability with respect to student athlete name1 image1 and likeness agreements1 and to establish an independent entity for intercollegiate athletics1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,collegiate ,athlete ,compensation ,rights ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,association ,the term association means any organization that-- 7,a7 has as members #b or more conferences or institutions2 and 7,b7 arranges championships and sets rules for varsity intercollegiate sports competition4 7#b7 ,booster ,the term booster means an individual or entity that1 in a calendar year1 directly or indirectly1 through an institution or any other individual or entity or in any other manner-- 7,a7 has provided a donation to obtain season tickets for any sport at an institution that exceeds the annual amount determined by the ,entity2 7,b7 has made a financial contribution directly to the athletics department or other athletics management organization of an institution in an amount that exceeds the annual amount determined by the ,entity2 7,c7 is party to any license agreement for use of the trademarks of an institution in connection with athletics under which the total payments exceed such amount2 7,d7 has made any combination of such donations1 contributions1 or license payments1 or has provided any other form of consideration in connection with an activity described in any of subparagraphs 7,a7 through 7,c71 that1 in the aggregate1 exceed such amount2 7,e7 has arranged or provided employment for #a or more student athletes2 or 7,f7 has assisted1 or been requested by an employee of an institution to assist1 in the recruitment of a prospective student athlete4 7#c7 ,certification office ,the term certification office means the office established by the ,entity under section #f7;e77#b74 7#d7 ,certified agent ,the term certified agent means an athlete agent 7as defined in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja77-- 7,a7 who is certified by the certification office as being in full compliance with all requirements established by the certification office2 and 7,b7 whose certification has not lapsed1 expired1 or been revoked4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,conference ,the term conference means any organization or association that-- 7,a7 has as members #b or more institutions2 and 7,b7 arranges championships and sets rules for varsity intercollegiate sports competition4 7#g7 ,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 each institution applying the same standards1 policies1 and procedures for all students1 including such amounts paid or provided by the institution for undergraduate and graduate studies at the institution4 7#h7 ,covered compensation 7,a7 ,in general ,the term covered compensation includes any form of payment or remuneration1 including cash1 benefits1 awards1 gifts1 in-kind contributions1 and any other form of payment or remuneration4 7,b7 ,inclusions ,the term covered compensation includes social media compensation and payments for licensing or use of publicity rights or for other intellectual or intangible property rights under ,federal or ,state law4 7,c7 ,exclusions ,the term covered compensation does not include the payment or provision of the following3 7i7 ,tuition1 room1 board1 books1 fees1 and personal expenses paid or provided by an institution up to the full cost of attendance4 7ii7 ,federal ,pell ,grants and other ,state and ,federal grants unrelated to1 and not awarded with respect to1 participation in varsity intercollegiate sports competition4 7iii7 ,health insurance and the costs of health care wholly or partly self-funded by an association1 a conference1 or an institution4 7iv7 ,disability and loss of value insurance that is wholly or partly self-funded by an association1 a conference1 or an institution4 7v7 ,career counseling or job placement services available to all students at an institution4 7vi7 ,payment of hourly wages and benefits for work actually performed 7and not for participation in intercollegiate athletics7 at a rate commensurate with the prevailing rate in the locality of an institution for similar work4 7#i7 ,division ,the term division means an organization of institutions-- 7,a7 the athletics programs of which compete against each other at a similar level of competition2 and 7,b7 that is recognized by an association4 7#aj7 ,enroll ,with respect to a student athlete1 the term enroll means to receive passing grades1 as determined by the applicable institution1 for completing courses of instruction at such institution comprising not less than #ab percent of the credits required for graduation from the institution4 7#aa7 ,entity ,the term ,entity means the independent entity for intercollegiate athletics selected by the ,commission under section #f7;b74 7#ab7 ,image ,the term image1 with respect to a student athlete1 means a picture of the student athlete4 7#ac7 ,institution ,the term institution means an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 that sponsors varsity intercollegiate sports competition in the ,united ,states4 7#ad7 ,intercollegiate athletics ,the term intercollegiate athletics means sports played at the collegiate level for which eligibility requirements for participation by student athletes are established by an association for the promotion or regulation of collegiate athletics4 7#ae7 ,likeness ,the term likeness1 with respect to a student athlete1 means a physical or digital depiction or representation of the student athlete4 7#af7 ,loss of value insurance ,the term loss of value insurance means insurance that protects the future contract value of a student athlete from decreasing below a predetermined amount due to significant injury or illness suffered by the student athlete during the designated coverage period of the insurance policy4 7#ag7 ,name ,the term name1 with respect to a student athlete1 means the first or last name1 or the nickname1 of the student athlete when used in a context that reasonably identifies the student athlete with particularity4 7#ah7 ,name1 image1 and likeness agreement ,the term name1 image1 and likeness agreement means a contract or similar arrangement between a student athlete and a third-party licensee regarding the commercial use of the name1 image1 or likeness of the student athlete4 7#ai7 ,publicity right ,the term publicity right-- 7,a7 means a right that is recognized under a ,federal or ,state law that permits an individual to control and profit from the commercial use of the name1 image1 or likeness of the individual2 and 7,b7 includes any right that is licensed under a name1 image1 and likeness agreement4 7#bj7 ,social media compensation ,the term social media compensation includes all forms of payment for engagement on social media received by a student athlete as a result of the use of the name1 image1 or likeness of the student athlete4 7#ba7 ,student athlete ,the term student athlete means any individual attending an institution who participates as a team member or competitor in varsity intercollegiate sports competition sponsored by the institution4 7#bb7 ,third-party licensee 7,a7 ,in general ,the term third-party licensee means any individual or entity that licenses publicity rights from any current or prospective student athlete or groups of student athletes4 7,b7 ,exclusion ,the term third-party licensee does not include any association1 conference1 or institution4 7#bc7 ,varsity intercollegiate sports competition ,the term varsity intercollegiate sports competition means competition between and among collegiate sports teams that principally represent an institution at the highest level of competition4 #c4 ,protection of student athlete rights 7a7 ,in general ,except as provided in section #d1 an association1 a conference1 or an institution shall permit a student athlete-- 7#a7 to earn covered compensation1 commensurate with market value1 for the use of the name1 image1 or likeness of the student athlete while enrolled at an institution2 and 7#b7 to obtain and retain a certified agent for any matter or activity relating to such covered compensation4 7b7 ,rescission of agreements ,in the case of a student athlete who no longer participates in varsity intercollegiate sports competition1 the student athlete may rescind a name1 image1 and likeness agreement with a remaining term of more than #a year-- 7#a7 without being held liable for breach2 and 7#b7 with no obligation to return payments received before giving notice of the rescission4 7c7 ,educational resources ,the ,entity shall provide educational resources to student athletes with respect to earning covered compensation for the use of the name1 image1 or likeness of the student athlete4 #d4 ,prohibitions on certain activities of institutions1 boosters1 and third-party licensees 7a7 ,restrictions on earning covered compensation 7#a7 ,in general ,an association1 a conference1 or an institution may not adopt or maintain a contract1 rule1 regulation1 standard1 or other requirement that prevents or unduly restricts a student athlete from earning covered compensation for the use of the name1 image1 or likeness of the student athlete4 7b7 ,classification of student athletes ,notwithstanding any other provision of ,federal or ,state law1 a student athlete shall not be considered an employee of an association1 a conference1 or an institution based on participation in varsity intercollegiate sports competition4 7c7 ,payment to student athletes or families ,an institution may not1 directly or indirectly1 provide covered compensation to a student athlete or a prospective student athlete1 or to the family of a student athlete or a prospective student athlete4 7d7 ,scholarships ,an institution or an association may not revoke or impose a condition on an athletic scholarship of a student athlete based on the student athlete having earned covered compensation or having obtained a certified agent in accordance with this ,act4 7e7 ,conflicts with contracts or rules of institution 7#a7 ,in general ,except as provided in paragraph 7#b71 a third-party licensee may not enter into1 or offer to enter into1 a name1 image1 and likeness agreement with a student athlete that provides covered compensation if a provision of the name1 image1 and likeness agreement conflicts with a provision of a contract1 rule1 regulation1 standard1 or other requirement of the applicable institution4 7#b7 ,exception ,a third-party licensee may enter into1 or offer to enter into1 a name1 image1 and likeness agreement with a student athlete that conflicts with a provision of a contract1 rule1 regulation1 standard1 or other requirement of the applicable institution if-- 7,a7 the institution consents1 in writing1 to the name1 image1 and likeness agreement2 or 7,b7 the contract1 rule1 regulation1 standard1 or other requirement unduly restricts student athletes from earning covered compensation for the use of the name1 image1 or likeness of the student athlete4 7#c7 ,disclosures 7,a7 ,conflicts ,an institution asserting a conflict described in paragraph 7#a7 shall disclose to the certified agent and the ,entity each relevant term of the contract1 rule1 regulation1 standard1 or other requirement of the athletic team4 7,b7 ,restrictions ,a certified agent asserting a restriction described in paragraph 7#b77;,b7 shall disclose to the ,entity the nature of such restriction4 7f7 ,agent activities ,an individual may not carry out any agent activity or representation of a student athlete with respect to a student athlete name1 image1 and likeness agreement unless the individual is a certified agent4 7g7 ,prohibited agreements 7#a7 ,booster agreements and inducements ,an association1 a conference1 or an institution may prohibit a booster from providing covered compensation to1 or entering into a name1 image1 and likeness agreement with1 a student athlete or prospective student athlete as an inducement to attend or enroll in or continue attending a specific institution or group of institutions4 7#b7 ,other prohibited agreements ,an association1 a conference1 or an institution may prohibit a student athlete from entering into a name1 image1 and likeness agreement with a third-party licensee relating to the name1 image1 or likeness of the student athlete-- 7,a7 before the date on which the student athlete enrolls at an institution2 or 7,b7 for the promotion of gambling1 tobacco or alcohol products1 adult entertainment1 or any other product or service that is reasonably considered to be inconsistent with the values of an institution4 #e4 ,transparency and accountability relating to name1 image1 and likeness agreements and student athlete endorsements 7a7 ,contract with certified agent ,a certified agent may not enter into a representation agreement with a student athlete before the date on which the student athlete is enrolled4 7b7 ,disclosures relating to receipt of covered compensation ,not later than #e days after the date on which a student athlete receives covered compensation relating to a name1 image1 and likeness agreement1 the certified agent representing the student athlete shall report to the ,entity-- 7#a7 the receipt and amount of such covered compensation2 and 7#b7 the terms and conditions of the agreement1 including the name of each party to the agreement4 7c7 ,limitation on duration of endorsement activities ,to preserve the integrity of the educational programs of institutions1 an institution or the ,entity may impose reasonable limits on the amount of time a student athlete may spend to carry out endorsement activities relating to a name1 image1 and likeness agreement4 7d7 ,annual report ,not less frequently than annually1 the ,entity shall make available to the public on the internet website of the ,entity1 for the preceding #a-year period-- 7#a7 the total number of student athletes who have entered into name1 image1 and likeness agreements2 7#b7 the total number of student athletes eligible to earn covered compensation from third-party licensees as a result of name1 image1 and likeness agreements2 7#c7 the total amount of covered compensation earned by student athletes1 disaggregated by division and by conference2 7#d7 the average amount of covered compensation earned by student athletes2 7#e7 the average amount of covered compensation earned by student athletes1 disaggregated by sport2 and 7#f7 a detailed description of each name1 image1 and likeness agreement entered into1 including1 for each student athlete-- 7,a7 the terms and conditions of the name1 image1 and likeness agreement2 7,b7 the amount of covered compensation2 7,c7 the requirements of the student athlete for receiving such covered compensation2 7,d7 the dates for which the name1 image1 and likeness agreement is in effect2 and 7,e7 any other information the ,entity considers relevant4 #f4 ,independent entity for intercollegiate athletics 7a7 ,in general ,the independent entity for intercollegiate athletics shall be a private1 independent1 self-regulatory1 nonprofit corporation4 7b7 ,selection of independent entity 7#a7 ,in general ,subject to paragraph 7#b71 the ,commission may select an independent entity that meets the requirements described in this section to carry out the duties described in this section4 ,in selecting the ,entity1 the ,commission shall consider applications from individuals representing or under the jurisdiction of not less than #aj conferences4 7#b7 ,special rule ,if1 not later than #ahj days after the date of enactment of this ,act1 the ,commission has not selected the ,entity in accordance with paragraph 7#a71 the ,commission shall-- 7,a7 carry out the duties described in subsection 7e71 except that the ,commission may use its existing enforcement procedures rather than those outlined in such subsection2 and 7,b7 establish and oversee an advisory committee in accordance with the requirements in the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 with membership as described in subsection 7f77#b71 to advise the ,commission on the topics described in subsection 7f77#a74 7c7 ,board of directors 7#a7 ,membership ,the ,entity shall be governed by a board of directors 7in this section referred to as the ,board74 7#b7 ,representation ,the ,board shall be comprised of #ae voting members who shall include-- 7,a7 #c representatives of student athletes attending an institution2 7,b7 #c representatives of athletics directors at institutions2 7,c7 #c representatives of conferences2 7,d7 #c representatives of institutions of different sizes and geographical locations2 and 7,e7 #c representatives of a variety of intercollegiate athletics teams4 7#c7 ,chair ,the chair of the ,board shall be elected by a majority of the ,board4 7#d7 ,bylaws ,the ,board shall be governed by bylaws for the operation of the ,entity with respect to-- 7,a7 the administrative structure and employees of the ,entity2 7,b7 the establishment of standing committees2 7,c7 the procedures for filling vacancies on the ,board and the standing committees2 7,d7 termination of membership2 and 7,e7 any other matter the ,board considers necessary4 7#e7 ,terms 7,a7 ,in general ,a member of the ,board shall be appointed for a term of #c years1 except that of the members first appointed-- 7i7 #a_/c of the members shall be appointed for #b years2 7ii7 #a_/c of the members shall be appointed for #c years2 and 7iii7 #a_/c of the members shall be appointed for #d years4 7,b7 ,limit ,a member of the ,board may serve for not more than #b consecutive terms4 7d7 ,quorum ,for all items for which ,board approval is required1 the ,board shall have present a majority of members4 7e7 ,duties 7#a7 ,development of rules 7,a7 ,in general ,the ,entity shall develop rules and standards-- 7i7 with respect to1 and consistent with1 the requirements and prohibitions under sections #c and #d2 and 7ii7 to maintain fairness and integrity in amateur intercollegiate athletics and the principle of amateurism in intercollegiate athletic competition4 7,b7 ,name1 image1 and likeness agreement rules ,the ,entity shall develop rules1 consistent with sections #c and #d1 with respect to student athlete name1 image1 and likeness agreements4 7,c7 ,annual limitation on booster contributions ,the ,entity shall develop a rule limiting the annual amount of booster donations1 contributions1 license payments1 and any other form of consideration in connection with an activity described in section #b7b74 7,d7 ,approval of ,commission ,the rules and standards developed under this paragraph shall be subject to approval by the ,commission in accordance with section #g7;d74 7#b7 ,establishment of certification office 7,a7 ,in general ,the ,entity shall establish and maintain a certification office to carry out activities described in subparagraph 7,b74 7,b7 ,activities of certification office 7i7 ,testing program 7,i7 ,in general ,the certification office shall develop and administer a testing program for individuals seeking to become certified agents4 7,,ii7 ,elements ,the testing program shall be designed to ensure that each certified agent-- 7aa7 understands and is equipped to provide competent business advice to student athletes with respect to publicity rights licensing2 and 7bb7 has a reasonable working knowledge of relevant ,state publicity rights law and applicable tax laws4 7,,iii7 ,frequency of testing ,the certification office shall conduct testing not less frequently than biennially4 7ii7 ,standards of conduct ,the certification office shall develop and publish on a publicly available internet website of the ,entity standards of conduct and ethics applicable to certified agents4 7iii7 ,certification 7,i7 ,in general ,the certification office shall issue certificates to1 and publish on a publicly available internet website of the ,entity a list of1 certified agents4 7,,ii7 ,list of individuals not certified ,the certification office shall publish on a publicly available internet website of the ,entity a list of individuals-- 7aa7 who have attempted to obtain certification as certified agents1 but have not been so certified2 and 7bb7 whose certification as certified agents has been revoked as a result of an enforcement action or any other action of the ,entity4 7#c7 ,availability of information ,not less frequently than annually1 the ,entity shall compile and publish on a publicly available internet website of the ,entity such extracts of data and information available from name1 image1 and likeness agreements as the ,entity determines to be helpful to student athletes in evaluating certified agents and licensing opportunities for publicity rights4 7#d7 ,guidance for student athletes 7,a7 ,in general ,the ,entity shall develop and publish on a publicly available internet website of the ,entity guidance for student athletes that-- 7i7 explains the legal and business concepts to be considered in licensing publicity rights2 and 7ii7 specifically includes information concerning the implications of provisions that restrict a student athlete's choice of institutions or bind the student athlete to long-term arrangements4 7#e7 ,grievance procedures ,the ,entity shall establish procedures for-- 7,a7 addressing complaints and concerns from student athletes and institutions with respect to certified agents2 and 7,b7 upon a showing that a certified agent has not competently represented the interests of #a or more student athletes or has failed to comply with applicable standards of conduct and ethics1 the revocation of certification of a certified agent4 7#f7 ,enforcement 7,a7 ,in general ,the ,entity shall enforce the rules and standards developed under paragraph 7#a7 by imposing fines1 penalties1 and sanctions1 including revocation of agent certifications1 for agents1 institutions1 conferences1 and associations that violate any such rule or standard4 7,b7 ,appeals standing committee 7i7 ,in general ,the ,entity shall establish an appeals standing committee1 to which any individual affected by an enforcement decision of the ,entity may appeal such decision4 7ii7 ,membership ,the appeals standing committee shall be comprised of #g individuals selected by the nominating committee4 7iii7 ,chair ,the chair of the appeals standing committee shall be elected by a majority of the appeals standing committee4 7iv7 ,advice to ,board ,after hearing an appeal on a decision of the ,entity1 the appeals standing committee shall advise the ,board on whether to sustain or overrule the decision4 7f7 ,student athlete health and safety standing committee 7#a7 ,in general ,the ,entity shall establish a student athlete health and safety standing committee1 which shall provide advice and guidance to the ,board on the development of standards to help prevent serious injury to and abuse of student athletes4 7#b7 ,membership ,the student athlete health and safety standing committee shall be comprised of not more than #g voting members who shall be selected by the ,board not later than #abj days after the date of the enactment of this ,act1 including individuals with experience relating to sports medicine4 7#c7 ,chair ,the chair of the student athlete health and safety standing committee shall be elected by a majority of the student athlete health and safety standing committee4 7g7 ,nominating committee 7#a7 ,in general ,the ,entity shall establish a nominating committee4 7#b7 ,membership ,the nominating committee shall be comprised of #g members selected from institutions1 conferences1 and divisions1 except that the initial nominating committee members shall be set forth in the bylaws of the ,entity4 7#c7 ,chair ,the majority of the nominating committee shall elect the chair of the nominating committee4 7#d7 ,duties ,the nominating committee shall-- 7,a7 be responsible for appointing members to the ,board in the event of a vacancy2 7,b7 appoint members to each standing committee established under this section2 and 7,c7 appoint members to any other committee established by the ,entity4 7h7 ,additional committees ,the ,entity may establish any additional committee the ,board considers necessary4 7i7 ,conflicts of interest ,to avoid conflicts of interest1 the following individuals may not be selected as a member of the ,board or as a member of a standing committee or the nominating committee established under this section3 7#a7 ,a booster4 7#b7 ,a certified agent4 7#c7 ,a third-party licensee4 #g4 ,enforcement and review by the ,federal ,trade ,commission 7a7 ,in general ,a violation of this ,act or any rule approved pursuant to subsection 7d7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,enforcement authority 7#a7 ,in general ,the ,commission shall enforce this ,act and any rule approved pursuant to subsection 7d7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7#b7 ,nonprofit organizations ,notwithstanding section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act and any rule approved pursuant to subsection 7d7 in the same manner provided in paragraph 7#a71 with respect to organizations not organized to carry on business for their own profit or that of their members4 7#c7 ,penalties2 privileges and immunities ,any person who violates this ,act or any rule approved pursuant to subsection 7d7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#d7 ,intervention ,the ,commission shall have the right to intervene in any action brought by the ,entity with respect to any violation of this ,act or any rule approved pursuant to subsection 7d74 7#e7 ,actions by the ,federal ,trade ,commission ,in any case in which an action is instituted by or on behalf of the ,commission for any violation of this ,act or any rule approved pursuant to subsection 7d71 the ,entity may not1 during the pendency of that action1 institute an action under this ,act against any defendant named in the complaint in that action for violation of such ,act or rule4 7c7 ,appeals ,in accordance with such rules as the ,commission may prescribe1 any person subject to a final decision by the ,board under section #f7;e77#f7 may obtain review by the ,commission of such decision4 7d7 ,review of proposed rules 7#a7 ,in general ,the ,entity shall file with the ,commission1 in accordance with such rules as the ,commission may prescribe1 copies of any proposed rule or modification to any rule developed by the ,entity under section #f7;e77#a7 7in this subsection referred to as a proposed rule74 7#b7 ,publication ,the ,commission shall publish a proposed rule filed under paragraph 7#a7 and provide interested persons an opportunity to comment4 7#c7 ,timeline ,not later than #de days after a proposed rule is published under paragraph 7#b71 the ,commission shall approve or disapprove the proposed rule4 7#d7 ,approval ,the ,commission shall approve a proposed rule if the ,commission finds that the proposed rule is consistent with the requirements and purposes of this ,act4 7#e7 ,prohibition ,a proposed rule shall not take effect unless such rule has been approved by the ,commission4 #h4 ,role of associations and conferences ,associations and conferences may-- 7#a7 establish rules1 consistent with this ,act and the rules and standards developed in accordance with section #f7;e77#a72 and 7#b7 enforce such rules by-- 7,a7 declaring ineligible for competition a student athlete who receives payments in violation of this ,act or any such rule or standard2 and 7,b7 withholding #a or more revenue distributions from an institution that makes payments in violation of this ,act or any such rule or standard4 #i4 ,limitation of liability ,an institution1 a conference1 or an association that complies with the requirements under this ,act shall not be subject to liability1 based on action taken by the institution1 conference1 or association before the date of the enactment of this ,act1 under-- 7#a7 any ,federal or ,state statute relating to trade or competition2 or 7#b7 any ,federal or ,state statute relating to tortious interference based on concepts of unfair competition4 #aj4 ,relationship to ,state laws ,no ,state or political subdivision of a ,state may establish or continue in effect any law1 regulation1 rule1 requirement1 or standard that governs or regulates the compensation1 publicity rights1 employment status1 or eligibility for competition of a student athlete1 including any provision that governs or regulates the commercial use of the name1 image1 or likeness of a student athlete4 #aa4 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission such sums as are necessary to carry out this ,act4