,i #aagth ,,congress #ast ,session ,h4 ,r4 #bhda ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjba,mr4 ,gonzalez of ,ohio 7for himself1 ,mr4 ,cleaver1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,gottheimer1 ,mr4 ,stivers1 ,mr4 ,allred1 ,mr4 ,hudson1 and ,ms4 ,davids of ,kansas7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,education and ,labor1 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 prohibit a covered athletic association and institution of higher education from prohibiting a student athlete from participating in intercollegiate athletics because such student athlete enters into an endorsement contract1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,student ,athlete ,level ,playing ,field ,act4 #b4 ,contracts relating to student athletes and college and university athletic programs 7a7 ,prohibition ,subject to the exceptions in subsection 7b71 a covered athletic organization or institution of higher education may not prohibit a student athlete from participating in intercollegiate athletics because such student athlete enters into an agency contract or an endorsement contract or otherwise receives consideration for such student athlete's name1 image1 or likeness4 7b7 ,exceptions for endorsement contracts ,a covered athletic organization or institution of higher education may prohibit a student athlete from entering into an endorsement contract with the following categories of brands1 companies1 or types of contracts3 7#a7 ,a tobacco company or brand1 including any vaping device or e-cigarette or related product4 7#b7 ,any alcohol company or brand4 7#c7 ,any seller or dispensary of a controlled substance1 including marijuana4 7#d7 ,any adult entertainment business4 7#e7 ,any casino or entity whose primary business is sponsoring or promotion of gambling activities4 7c7 ,permissible prohibitions ,a student athlete may be prohibited by the institution of higher education of the student athlete from wearing any item of clothing or gear with the insignia of any entity during any athletic competition or athletic-related university-sponsored event4 7d7 ,resultant prohibitions on institutions of higher education from entering into certain sponsorship and endorsement contracts 7#a7 ,from prohibitions on athletes ,if a covered athletic organization or institution of higher education prohibits a student athlete from entering into an endorsement contract pursuant to subsection 7b71 such covered athletic organization or institution of higher education may not enter into or continue in any sponsorship or endorsement contract for itself with the same category or categories of brands1 companies1 or types of contracts described in paragraphs 7#a7 through 7#e7 of such subsection4 7#b7 ,from prohibitions by a covered athletic organization ,if a covered athletic organization prohibits a student athlete from entering into a contract pursuant to subsection 7b71 any institution of higher education that is a part of that covered athletic organization may not enter into any sponsorship or endorsement contract for itself with the same category or categories of brands1 companies1 or types of contracts described in paragraphs 7#a7 through 7#e7 of such subsection4 #c4 ,enforcement 7a7 ,unfair or deceptive acts or practices ,a violation of section #b shall be treated as an unfair and deceptive act or practice in violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7b7 ,powers of the ,,ftc ,the ,federal ,trade ,commission shall enforce this section 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 part of this ,act4 ,any person that violates this section 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 ,nothing in this ,act shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 #d4 ,covered ,athletic ,organization ,commission 7a7 ,establishment ,there is established the ,covered ,athletic ,organization ,commission 7in this section referred to as the ,commission71 whose purpose shall be to-- 7#a7 make recommendations to ,congress and to each covered athletic organization about the implementation of name1 image1 and likeness rules2 7#b7 recommend to each covered athletic organization such a process to certify or recognize credentialed athlete agents2 7#c7 make recommendations for the establishment of an independent dispute resolution process1 for any dispute arising between a student athlete and a covered athletic organization or institution of higher education2 and 7#d7 make recommendations for additional categories of endorsement contracts that are excepted under section #b7;b74 7b7 ,membership ,the ,commission shall consist of #ac members appointed in accordance with subsection 7c7 from among or in accordance with the following3 7#a7 ,institutions of higher education1 including athletic directors and coaches4 7#b7 ,at least two individuals who are current or former student athletes who advocate for the interest of student athletes4 7#c7 ,administrators of covered athletic organizations4 7#d7 ,professionals with expertise in sports marketing1 contracting1 and public relations4 7#e7 ,individuals-- 7,a7 with expertise in corporate governance2 and 7,b7 who are not associated with any covered athletic association or institution of higher education4 7c7 ,appointment 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 members of the ,commission shall be appointed as follows3 7,a7 ,three members appointed by the ,speaker of the ,house of ,representatives4 7,b7 ,three members appointed by the minority leader of the ,house of ,representatives4 7,c7 ,three members appointed by the majority leader of the ,senate4 7,d7 ,three members appointed by the minority leader of the ,senate4 7,e7 ,one member1 who shall be the chair of the ,commission1 selected by the members appointed under subparagraphs 7,a7 through 7,d7 not later than #fj days after the appointment of such members1 and agreed upon by no fewer than eight of such members4 ,if eight such members are unable to agree on an appointment under this subparagraph within such #fj day period1 the ,speaker of the ,house of ,representatives shall make the appointment under this subparagraph4 7#b7 ,diversity ,to the extent practicable1 the ,speaker and leaders making appointments under paragraph 7#a7 shall coordinate their appointments to ensure that the ,commission reflect diversity in gender1 race1 sport with which they are associated1 as applicable1 and shall prioritize the appointment of members unaffiliated with divisions or conferences of applicable covered athletic organizations4 7d7 ,meetings and quorum ,meetings of the ,commission shall be held at the call of the chair appointed under subsection 7c77#a77;,e74 ,a meeting may only be held where there is a quorum of at least #g members1 including not fewer than two members who are current or former student athletes who advocate for the interest of student athletes4 7e7 ,report ,not later than one1 two1 and three years1 respectively1 after the ,commission shall be constituted1 it shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate annual reports that include the recommendations in paragraphs 7#a7 through 7#d7 of subsection 7a74 ,the ,commission shall also make such reports available to the public4 7f7 ,sunset ,the ,commission shall terminate #fj days after submitting the final report required under subsection 7e74 #e4 ,institutions of higher education and student athletes who enter into endorsement contracts ,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 ,in the case of an institution that has a student attending the institution who is an athlete and has entered into an endorsement contract 7as defined under section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja77 or an agency contract 7as defined in section #i of the ,student ,athlete ,level ,playing ,field ,act71 such institution will not-- 7,a7 prohibit such student from entering into such an endorsement contract or an agency contract1 including through a rule1 standard1 or policy that affects the eligibility of such student to receive athletically related student aid 7as defined in section #dhe7;e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;e7772 or 7,b7 compensate such student for the name1 image1 or likeness of such student4 4 #f4 ,prohibiting unfair and deceptive practices against student athletes 7a7 ,prohibiting unfair and deceptive practices by boosters ,the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja et seq47 is amended-- 7#a7 in section #b-- 7,a7 by redesignating paragraphs 7#d7 through 7#i7 as paragraphs 7#e7 through 7#aj71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 ,booster ,the term booster means an individual 7other than an individual who is related to a student athlete7 or an organization1 including a sponsor of an institution's athletic program1 that provides substantial financial assistance or services to the athletic program of an institution of higher education or that promotes a team or athletic program of an institution of higher education for such individual's or organization's own substantial financial interest4 2 7#b7 by inserting after section #c the following new section3 #c;,a4 ,regulation of unfair and deceptive acts and practices in connection with contact between a booster and a student athlete ,it is unlawful for a booster to directly or indirectly provide or offer to provide any funds or thing of value as an inducement for a student athlete to enroll or remain at a specific institution or group of institutions4 2 and 7#c7 in section #e7;a77#a71 by inserting or by the engagement of any booster in a practice that violates section #c;,a after section #c4 7b7 ,eligibility ,to compete as a student athlete after entering into an agency contract ,section #c7;b77#c7 of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghjb7;b77#c77 is amended in the quoted part by inserting after boldface type stating3 the following3 ,notice to ,student ,athlete3 ,if you agree orally or in writing to be represented by an agent now or in the future1 both you and the agent by whom you are agreeing to be represented must notify the athletic director of the educational institution at which you are enrolled1 or other individual responsible for athletic programs at such educational institution1 that you have entered into an agency contract4 ,such notification must be within #gb hours after entering into this contract or before the next athletic event in which you are eligible to participate1 whichever occurs first44 7c7 ,report on claims filed pursuant to the ,sports ,agent ,responsibility and ,trust ,act ,the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja et seq47 is further amended by inserting after section #f the following new section3 #f;,a4 ,report to ,congress ,not later than #f months after the date of enactment of this section1 and annually thereafter1 the ,commission shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report summarizing any investigation or enforcement action brought by the ,commission pursuant to this ,act1 including the number of complaints filed with the ,commission pursuant to this ,act4 4 #g4 ,state preemption ,no ,state may enforce a ,state law or regulation with respect to permitting or abridging the ability of a student athlete attending an institution of higher education to enter into an endorsement contract or agency contract pursuant to this ,act or by an amendment made by this ,act4 #h4 ,rules of construction 7a7 ,tax provisions ,nothing in this ,act or the amendments made by this ,act shall affect the treatment of qualified scholarships under section #aag of the ,internal ,revenue ,code of #aihf4 7b7 ,nondiscrimination of student athletes ,nothing in this ,act or the amendments made by this ,act may be construed to affect the rights of student athletes or affect any program funded under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7c7 ,antitrust laws ,nothing in this ,act or the amendments made by this ,act shall provide a cause of action pursuant to the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq474 7d7 ,student athlete not considered an employee ,nothing in this ,act or the amendments made by this ,act shall affect the employment status of a student athlete who enters into an endorsement contract with respect to a covered athletic organization or institution of higher education4 #i4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 institutions of higher education and covered athletic organizations should develop a course or program to assist student athletes with understanding financial literacy with respect to entering into an endorsement contract2 and 7#b7 the ,federal ,trade ,commission should investigate each claim filed pursuant to the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja et seq474 #aj4 ,definitions ,in this ,act-- 7#a7 the term agency contract means an oral or written agreement in which a student athlete authorizes a person to negotiate or solicit an endorsement contract on behalf of the student athlete2 7#b7 the terms athlete agent and student athlete shall have the same meaning given such terms in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja72 7#c7 the term covered athletic organization means an athletic association1 conference1 or other organization with authority over intercollegiate athletics or that administers intercollegiate athletics2 7#d7 the term endorsement contract has the meaning given such term in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja72 and 7#e7 the term institution of higher education has the same meaning as that term under section #aja of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajja74