,,ii #aagth ,,congress #ast ,session ,s4 #dad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjba,mr4 ,moran introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide standards relating to compensation for the use of the names1 images1 and likenesses of amateur intercollegiate athletes and to provide protections for amateur intercollegiate athletes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,amateur ,athletes ,protection and ,compensation ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,agency contract ,the term agency contract means a written agreement in which an amateur intercollegiate athlete authorizes an amateur athlete representative to act on behalf of the amateur intercollegiate athlete4 7#b7 ,,aiac ,the term ,,aiac means the ,amateur ,intercollegiate ,athletics ,corporation established by section #h7;a74 7#c7 ,amateur athlete representative 7,a7 ,in general ,the term amateur athlete representative means an individual who-- 7i7 enters into an agency contract with an amateur intercollegiate athlete2 or 7ii7 directly or indirectly recruits or solicits an amateur intercollegiate athlete for the purpose of-- 7,i7 entering into an agency contract with the amateur intercollegiate athlete2 7,,ii7 representing or attempting to represent the amateur intercollegiate athlete for the purpose of marketing his or her athletics ability or reputation for financial gain2 or 7,,iii7 seeking to obtain any type of financial gain or benefit from the potential earnings of the amateur intercollegiate athlete as a professional athlete4 7,b7 ,inclusions ,the term amateur athlete representative includes-- 7i7 a certified contract advisor2 7ii7 a financial advisor2 7iii7 a marketing representative2 7iv7 a brand manager2 and 7v7 any individual employed by or associated with an individual described in any of clauses 7i7 through 7iv74 7,c7 ,exclusions ,the term amateur athlete representative does not include-- 7i7 the spouse1 a parent1 a sibling1 a grandparent1 or a legal guardian of an amateur intercollegiate athlete2 or 7ii7 an individual acting solely on behalf of a professional sports team or a professional sports organization4 7#d7 ,amateur intercollegiate athlete ,the term amateur intercollegiate athlete means an athlete who is or may be recruited to attend1 or is enrolled in1 a #d-year degree-granting institution of higher education4 7#e7 ,amateur intercollegiate athletic event 7,a7 ,in general ,the term amateur intercollegiate athletic event means a game1 meet1 competition1 banquet1 practice1 conditioning session1 media session1 or any other event that has been organized or authorized by an athletics representative of an institution of higher education or by a national amateur athletic association1 regardless of whether such event occurs on or off the campus of an institution of higher education or during or outside the season for competition4 7,b7 ,inclusion ,the term amateur intercollegiate athletic event includes travel to and from any event described in subparagraph 7,a74 7#f7 ,amateur intercollegiate athletic competition ,the term amateur intercollegiate athletic competition means any varsity game1 meet1 or other competition between or among teams sponsored by institutions of higher education4 7#g7 ,athletics booster ,the term athletics booster means any individual or entity that1 directly or indirectly1 through any other individual or entity or in any other manner-- 7,a7 has provided #a or more donations exceeding #e1jjj1 in the aggregate1 to obtain season tickets for any sport at an institution of higher education2 7,b7 has made #a or more financial contributions exceeding #e1jjj1 in the aggregate1 to the athletics department or other athletics management organization of an institution of higher education2 or 7,c7 has assisted1 or been requested by an employee of an institution of higher educations to assist1 in the recruitment of an amateur intercollegiate athlete4 7#h7 ,conference ,the term conference means any organization or association that-- 7,a7 has as members #b or more institutions of higher education2 7,b7 arranges championships and sets rules for amateur intercollegiate athletic competition4 7#i7 ,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 an institution of higher education applying the same standards1 policies1 and procedures for all students4 7#aj7 ,covered compensation 7,a7 ,in general ,the term covered compensation means any remuneration1 in cash or in kind and regardless of the date on which the remuneration is provided1 to an amateur intercollegiate athlete4 7,b7 ,exclusion ,the term covered compensation does not include the payment or provision of any of the following-- 7i7 grants-in-aid2 7ii7 ,federal ,pell ,grants and other ,state or ,federal grants unrelated and not awarded with regard to participation in amateur intercollegiate athletic events2 7iii7 health insurance and costs of health care1 including health insurance and health care costs wholly or partly self-funded by an institution of higher education or a national amateur athletic association2 7iv7 disability and loss of value insurance1 including disability and loss of value insurance that is wholly or partly self-funded by an institution of higher education or a national amateur athletic association2 7v7 career counseling1 job placement services1 and other guidance available to all students at an institution of higher education2 and 7vi7 payment of hourly wages and benefits for work actually performed 7and not for participation in amateur intercollegiate athletic event7 at a rate commensurate with the going rate in the locality of an institution of higher education for similar work4 7#aa7 ,endorsement contract ,the term endorsement contract has the meaning given the term in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja74 7#ab7 ,former amateur intercollegiate athlete ,the term former intercollegiate athlete means an amateur intercollegiate athlete who is no longer eligible to participate in amateur intercollegiate athletic competition4 7#ac7 ,grant-in-aid ,the term grant-in-aid-- 7,a7 means a scholarship1 grant1 stipend1 or other form of financial assistance1 including the provision of tuition1 room1 board1 books1 or funds for fees or personal expenses1 that-- 7i7 is paid or provided by an institution of higher education to a student for the student's undergraduate or graduate course of study2 and 7ii7 is in an amount that does not exceed the cost of attendance for such student at the institution2 and 7,b7 does not include covered compensation paid to an individual who is an amateur intercollegiate athlete or a former amateur intercollegiate athlete4 7#ad7 ,image ,the term image1 with respect to an amateur intercollegiate athlete1 means a photograph1 video1 or computer-generated representation that identifies1 is linked to1 or is reasonably linkable to the athlete4 7#ae7 ,institution of higher education ,the term institution of higher education has the meaning given the term under section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#af7 ,likeness ,the term likeness means-- 7,a7 with respect to an amateur intercollegiate athlete of a sport for which the athlete has a jersey number1 the jersey number associated with the athlete and the sport in which the athlete participates at a particular institution of higher education during the period of the participation of the athlete in the sport at the institution of higher education1 if the jersey number is accompanied by-- 7i7 a logo or color scheme that is clearly associated with the institution of higher education2 or 7ii7 some other means by which the jersey number is clearly associated with the particular athlete2 and 7,b7 with respect to any amateur intercollegiate athlete-- 7i7 the uniquely identifiable voice or catch phrase of the athlete2 or 7ii7 any other trademark that identifies or distinguishes the athlete4 7#ag7 ,name ,the term name1 with respect to an amateur intercollegiate athlete1 means-- 7,a7 a combination of a first and last or family name that identifies the athlete2 7,b7 a last or family name that identifies the athlete2 or 7,c7 a unique nickname that identifies the athlete4 7#ah7 ,national amateur athletic association 7,a7 ,in general ,the term national amateur athletic association means a not-for-profit corporation1 an association1 or any other group organized in the ,united ,states that-- 7i7 sponsors or arranges amateur intercollegiate athletic competition between institutions of higher education2 and 7ii7 sets common rules1 standards1 procedures1 or guidelines for the administration of amateur intercollegiate athletic competition at institutions of higher education4 7,b7 ,inclusions ,the term national amateur athletic association includes-- 7i7 the ,national ,collegiate ,athletic ,association2 and 7ii7 each division and member conference of the ,national ,collegiate ,athletic ,association1 or of any other national amateur athletic association1 separately and collectively4 7#ai7 ,third party ,the term third party means an individual or entity that-- 7,a7 is not an athletics department or an athletics booster of an institution of higher education2 and 7,b7 is unaffiliated with an athletics department or an athletics booster of an institution of higher education4 7#bj7 ,unaffiliated ,with respect to #b or more individuals or entities1 the term unaffiliated means that the individuals or entities do not share interrelated operations1 common management1 centralized control of labor relations1 or common ownership or financial control4 #c4 ,covered compensation provided by unaffiliated third parties ,the provision of covered compensation to an amateur intercollegiate athlete who is enrolled1 or may in the future enroll1 in an institution of higher education-- 7#a7 may only be promised1 paid1 and permitted if the covered compensation is sourced from1 and provided at the discretion of1 a third party2 and 7#b7 shall not be promised1 paid1 or permitted to induce-- 7,a7 the recruitment of an amateur intercollegiate athlete to any institution of higher education or a group of institutions of higher education2 or 7,b7 an amateur intercollegiate athlete to continue attending a particular institution of higher education4 #d4 ,protections for amateur intercollegiate athletes 7a7 ,representation contracts ,a national amateur athletic association or an institution of higher education may not punish or prohibit the participation of an amateur intercollegiate athlete in an amateur intercollegiate athletic event or amateur intercollegiate athletic competition based on the amateur intercollegiate athlete having entered into an agency contract with an amateur athlete representative who has been certified by the ,,aiac in accordance with section #h7;b77#d74 7b7 ,endorsement contracts 7#a7 ,in general ,except as provided in paragraph 7#b71 a national amateur athletic association or an institution of higher education may not punish or prohibit the participation of an amateur intercollegiate athlete in an intercollegiate athletic event or amateur intercollegiate athletic competition based on the amateur intercollegiate athlete having entered into an endorsement contract with a third party4 7#b7 ,exceptions ,a national amateur athletic association or an institution of higher education may prohibit the participation of an amateur intercollegiate athlete in an intercollegiate athletic event or amateur intercollegiate athletic competition based on the amateur intercollegiate athlete having entered into an endorsement contract with a third party if the contract violates-- 7,a7 the code of student conduct of the applicable national amateur athletic association or institution of higher education2 or 7,b7 a rule established by the ,,aiac in accordance with section #h7;b77#b74 7#c7 ,limitation ,during and immediately before and after an amateur intercollegiate athletic event1 an institution of higher education may prohibit an amateur intercollegiate athlete enrolled at such institution from engaging in promotional or endorsement activities in connection with an endorsement contract4 7#d7 ,disclosures 7,a7 ,enrolled athletes ,with respect to an amateur intercollegiate athlete enrolled in an institution of higher education who enters into an endorsement contract1 the amateur intercollegiate athlete shall1 not later than #g days after entering into the endorsement contract1 provide to the institution of higher education a copy of the endorsement contract4 7,b7 ,recruited athletes ,with respect to an amateur intercollegiate athlete who is or may be recruited to attend1 but not yet enrolled in1 an institution of higher education and who enters into an endorsement contract1 the amateur intercollegiate athlete shall1 before signing a letter of intent1 provide to the institution of higher education a copy of all current and expired endorsement contracts entered into by the amateur intercollegiate athlete4 7c7 ,rescission of agreements ,an amateur intercollegiate athlete who no longer participates in amateur intercollegiate athletic competitions may rescind an endorsement contract 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 7d7 ,professional sports drafts ,a national amateur athletic association or an institution of higher education may not prohibit the participation of an amateur intercollegiate athlete in an amateur intercollegiate athletic event based on the amateur intercollegiate athlete having entered into a professional sports draft1 if the amateur intercollegiate athlete-- 7#a7 does not receive compensation1 directly or indirectly1 from-- 7,a7 a professional sports league2 7,b7 a professional sports team2 or 7,c7 a sports agent2 7,d7 an amateur athlete representative2 or 7,e7 any individual or entity affiliated with an individual or entity described in any of subparagraphs 7,a7 through 7,d72 and 7#b7 not later than #g days after the completion of the draft1 declares his or her intent to resume participation in amateur intercollegiate athletic competition4 7e7 ,grant-in-,aid protection 7#a7 ,in general ,subject to paragraph 7#b71 an institution of higher education shall honor the grant-in-aid of an amateur intercollegiate athlete4 7#b7 ,former amateur intercollegiate athletes ,an institution of higher education shall continue to provide a grant-in-aid covering full tuition1 books1 and fees to any former amateur intercollegiate athlete who-- 7,a7 received a full grant-in-aid while enrolled at the institution of higher education2 and 7,b7 has not completed his or her course of study for an undergraduate degree as a result of pursuing a career in professional sports4 7#c7 ,revocation and reinstatement 7,a7 ,revocation ,an institution of higher education may revoke the grant-in-aid of an amateur intercollegiate athlete or a former amateur intercollegiate athlete who-- 7i7 transfers to another institution of higher education2 or 7ii7 does not-- 7,i7 remain in good standing1 determined in accordance with-- 7aa7 the rules established by the ,,aiac under section #h7;b77#b72 or 7bb7 in the case of an amateur intercollegiate athlete who is enrolled in an institution of higher education the standards of which are more stringent than the standards described in item 7aa71 the standards of the institution of higher education2 7,,ii7 comply with the code of conduct of the institution of higher education2 and 7,,iii7 meet athletic program standards and norms for participating in mandatory team athletic activities4 7,b7 ,limitations ,an institution of higher education may not revoke the grant-in-aid of an amateur intercollegiate athlete-- 7i7 on the basis of the amateur intercollegiate athlete's athletics ability1 performance1 or contribution to team success2 or 7ii7 as a result of an injury or illness or based on a physical or mental medical condition of the amateur intercollegiate athlete4 7,c7 ,reinstatement ,in the case of a revocation under subparagraph 7,a71 an institution of higher education may reinstate grant-in-aid if the amateur intercollegiate athlete concerned reestablishes good standing4 7f7 ,limitation on transfer penalties ,an amateur intercollegiate athletics association shall allow an amateur intercollegiate athlete in any sport to transfer from one institution of higher education to another not less than once without losing or delaying eligibility for intercollegiate athletics if-- 7#a7 not less than #g days before transferring1 the amateur intercollegiate athlete provides to his or her athletic director notice of intent to transfer2 and 7#b7 the transfer does not occur during-- 7,a7 the season of the sport of the amateur intercollegiate athlete2 or 7,b7 the #fj-;day period before the commencement of such season4 7g7 ,medical expenses ,except as provided in paragraph 7#c71 the responsibilities of institutions of higher education with respect to the health care coverage and medical expenses of amateur intercollegiate athletes are as follows3 7#a7 ,out-of-pocket expenses 7,a7 ,institutions of higher education reporting #bj1jjj1jjj or more ,an institution of higher education that reports not less than #bj1jjj1jjj in total annual athletics revenue to the ,department of ,education during the academic year immediately preceding the date of the last amateur intercollegiate athletic competition of an amateur intercollegiate athlete shall1 during the #b-year period beginning on the day after such last amateur intercollegiate athletic competition1 be financially responsible for all out-of-pocket medical expenses1 up to the deductible1 of the amateur intercollegiate athlete's health care coverage for any injury or communicable disease that was incurred or acquired while the amateur intercollegiate athlete was participating in an amateur intercollegiate athletic event or an amateur intercollegiate athletic competition4 7,b7 ,institutions of higher education reporting #ej1jjj1jjj or more ,an institution of higher education that reports not less than #ej1jjj1jjj in total annual athletics revenue to the ,department of ,education during the academic year immediately preceding the date of the last amateur intercollegiate athletic competition of an amateur intercollegiate athlete shall1 during the #d-year period beginning on the day after such last amateur athletic competition1 be financially responsible for-- 7i7 providing or procuring the amateur intercollegiate athlete's health care coverage for any injury or communicable disease that was incurred or acquired while the amateur intercollegiate athlete was participating in an amateur intercollegiate athletic event or an amateur intercollegiate athletic competition2 and 7ii7 all out-of-pocket medical expenses1 up to the deductible1 for medical care for such injury or disease4 7#b7 ,second opinions ,during the enrollment of an amateur intercollegiate athlete in an institution of higher education and continuing through the #b-year period described in subparagraph 7,a7 of paragraph 7#a7 or the #d-year period described in subparagraph 7,b7 of that paragraph1 as applicable1 an institution of higher education shall be financially responsible for the expense of obtaining1 for amateur intercollegiate athletes and former amateur intercollegiate athletes1 medical second opinions independent from the institution of higher education4 7#c7 ,exception ,the responsibilities under paragraphs 7#a7 and 7#b7 shall not apply to an institution of higher education in the case of an amateur intercollegiate athlete who transfers out of the institution of higher education to continue participation in intercollegiate athletics elsewhere4 #e4 ,employment matters ,notwithstanding any other provision of ,federal or ,state law1 an amateur intercollegiate athlete shall not be considered an employee of an institution of higher education1 a conference1 or a national amateur athletic association based on the amateur intercollegiate athlete's participation in amateur intercollegiate athletic events or amateur intercollegiate athletic competitions4 #f4 ,transparency 7a7 ,disclosures 7#a7 ,in general ,an institution of higher education shall make the following legally binding disclosures to each amateur intercollegiate athlete before he or she commits to enroll in or attend the institution of higher education3 7,a7 ,the amount and duration of grant-in-aid the institution of higher education will provide to the amateur intercollegiate athlete1 relative to the most recent cost of attendance1 for each academic school year and each summer session4 7,b7 ,the amount and duration of grant-in-aid the institution of higher education will provide to assist the amateur intercollegiate athlete with undergraduate degree completion and graduate degree completion following the expiration of the intercollegiate athletics eligibility of the amateur intercollegiate athlete4 7,c7 ,the percentage of comprehensive medical coverage required1 including any required coverage to participate in intercollegiate athletics or to enroll as a student1 that will be paid by the institution of higher education during the period of intercollegiate athletics eligibility of the amateur intercollegiate athlete4 7,d7 ,the percentage of any out-of-pocket sports-related medical expenses including deductibles1 copays1 and coinsurance1 that the institution of higher education will pay during the period of intercollegiate athletics eligibility of the amateur intercollegiate athlete1 and the period for which such expenses will be covered after such eligibility expires4 ,differences between in-network and out-of-network expenses shall be stated4 7,e7 ,whether or not the institution of higher education will pay for a disability insurance policy to cover the maximum available future loss of earnings benefit based on market rates of similarly situated amateur intercollegiate athletes4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to require an institution of higher education to provide a benefit described in any of subparagraphs 7,a7 through 7,e7 of paragraph 7#a7 unless otherwise required by this ,act4 7b7 ,funding transparency ,section #dhe7;e77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;e77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking and after the semicolon2 7#b7 in subparagraph 7,f71 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end of the following3 7,g7 the total compensation of-- 7i7 the athletic director of the institutions2 7ii7 each head coach and each assistant coach of the institution1 by sport2 7,h7 the amount of ,federal funds received by the institution of higher education2 and 7,i7 the amount of ,state funds received by the institution of higher education4 4 #g4 ,institution requirements for ,federal student loan program ,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 7,a7 ,the institution will-- 7i7 comply with the requirements of sections #c1 #d1 #e1 and #f of the ,amateur ,athletes ,protection and ,compensation ,act of #bjba2 and 7ii7 refrain from providing 7or affecting or influencing any third party to provide7-- 7,i7 any covered compensation to any amateur intercollegiate athlete2 or 7,,ii7 any financial aid1 participation benefit1 licensing revenue1 or other benefit or payment to an amateur intercollegiate athlete for use of the athlete's name1 image1 or likeness4 7,b7 ,in this paragraph1 the terms amateur intercollegiate athlete1 covered compensation1 image1 likeness1 name1 and third party have the meanings given the terms in section #b of the ,amateur ,athletes ,protection and ,compensation ,act of #bjba4 4 #h4 ,establishment of the ,amateur ,intercollegiate ,athletics ,corporation 7a7 ,establishment ,there is established a government corporation1 to be known as the ,amateur ,intercollegiate ,athletics ,corporation1 which shall not for any purpose be an agency or instrumentality of the ,united ,states ,government and shall be subject to the provisions of this section4 7b7 ,purposes ,the purposes of the ,,aiac are as follows3 7#a7 ,to serve as a clearinghouse for best practices with respect to the rights and protections of amateur intercollegiate athletes who enter into agency contracts and endorsement contracts1 including by providing guidance to amateur intercollegiate athletes concerning such contracts4 7#b7 ,to establish rules to enforce this ,act and impose fines1 penalties1 and sanctions on amateur athlete representatives1 institutions of higher education1 conferences1 and national amateur athletic associations that violate such rules4 7#c7 ,to coordinate with the ,federal ,trade ,commission to promulgate1 administer1 and enforce standards for reviewing and certifying endorsement contracts entered into by amateur intercollegiate athletes1 including competency and ethical standards1 that apply to-- 7,a7 national amateur athletic associations2 7,b7 conferences2 7,c7 amateur intercollegiate athletes2 7,d7 institutions of higher education2 and 7,e7 amateur athlete representatives4 7#d7 ,to establish a formal certification process for amateur athlete representatives by which the ,,aiac shall-- 7,a7 determine the eligibility of an individual to serve as an amateur athlete representative2 7,b7 periodically verify an amateur athlete representative's continued eligibility and compliance with this ,act and the best practices1 rules1 and competency and ethical standards established under this subsection2 and 7,c7 in the case of noncompliance with this ,act or any such best practice1 rule1 or competency or ethical standard1 revoke a certification issued in accordance with this paragraph4 7#e7 ,to provide recommendations to institutions of higher education1 national amateur athletic associations1 and conferences on protecting amateur intercollegiate athletes from unscrupulous amateur athlete representatives4 7#f7 ,to investigate disputes with respect to agency contracts and endorsement contracts entered into by amateur intercollegiate athletes1 including-- 7,a7 verifying that amateur athlete representatives involved in the endorsement contract process have acted in the best interests of amateur intercollegiate athletes2 and 7,b7 monitoring compliance with1 and making determinations and findings concerning violations of1 this ,act4 7#g7 ,to provide to amateur intercollegiate athletes a process for the swift resolution of conflicts concerning agency contracts and endorsement contracts1 including by providing a neutral arbitrator for any case in which an amateur intercollegiate athlete is the complaining party4 7#h7 ,to ensure institutions of higher education and covered athletic organizations are complying with agency contract and endorsement contract rules set forth by the ,,aiac in accordance with this section4 7c7 ,membership 7#a7 ,eligibility ,eligibility for membership in the ,,aiac shall be as provided in the constitution and bylaws of the ,,aiac4 7#b7 ,required provisions for representation ,in its constitution and bylaws1 the ,,aiac shall establish and maintain provisions with respect to its governance and the conduct of its affairs for the reasonable representation of-- 7,a7 amateur intercollegiate athletes2 7,b7 administrators of institutions of higher education1 including directors of athletics2 7,c7 administrators of national amateur athletic associations2 7,d7 athletic conference administrators2 7,e7 professionals with expertise in sports marketing1 contracting1 and public relations2 and 7,f7 individuals unaffiliated with any national amateur athletic association who1 in the judgment of the board of directors of the ,,aiac1 represent the interest of providing oversight of the activities of the ,,aiac4 7d7 ,board of directors 7#a7 ,in general ,the ,,aiac shall be governed by a board of directors comprised of #ae voting members4 7#b7 ,representation 7,a7 ,in general ,not less than #ac of the membership of the board of directors of the ,,aiac shall be composed of current or former amateur intercollegiate athletes4 7,b7 ,current amateur intercollegiate athletes ,not less than #bj percent of the membership of the board of directors of the ,,aiac shall be composed of amateur intercollegiate athletes who are-- 7i7 enrolled in a #d-year degree-granting institution of higher education2 and 7ii7 actively engaged in amateur intercollegiate athletic events4 7e7 ,powers 7#a7 ,constitution and bylaws ,the ,,aiac shall adopt a constitution and bylaws4 7#b7 ,general corporate powers ,the ,,aiac may-- 7,a7 establish and maintain offices to conduct the affairs of the ,,aiac2 7,b7 enter into contracts2 7,c7 accept gifts1 legacies1 and devises in furtherance of its corporate purposes2 7,d7 acquire1 own1 lease1 encumber1 and transfer property as necessary to carry out the purposes of the ,,aiac2 7,e7 borrow money1 issue instruments of indebtedness1 and secure its obligations by granting security interests in its property2 7,f7 publish a magazine1 newsletter1 and other publications consistent with its corporate purposes2 7,g7 approve and revoke membership in the ,,aiac2 and 7,h7 conduct any other activity necessary and proper to carry out the purposes of the ,,aiac4 7#c7 ,subpoena power ,the ,,aiac shall have subpoena power and shall adopt rules that will result in the ,,aiac1 in response to appropriate requests1 issuing subpoenas duces tecum and ad testificandum and compelling deposition testimony at the request of a national amateur athletic association4 7f7 ,restrictions 7#a7 ,profit and stock ,the ,,aiac may not engage in business for profit or issue stock4 7#b7 ,political activities ,the ,,aiac shall be nonpolitical and may not promote the candidacy of an individual seeking public office4 7g7 ,headquarters1 principal office1 and meetings ,the ,,aiac shall maintain its principal office and national headquarters in a location in the ,united ,states decided by the ,,aiac4 ,the ,,aiac may hold its annual and special meetings in the places decided by the ,,aiac4 7h7 ,service of process ,as a condition to the exercise of any power or privilege granted by this chapter1 the ,,aiac shall have a designated agent to receive service of process for the ,,aiac4 ,notice to or service on the agent1 or mailed to the business address of the agent1 is notice to or service on the ,,aiac4 7i7 ,report ,not less frequently than annually1 the ,,aiac shall submit to the ,committee on ,commerce1 ,transportation1 and ,science of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that includes-- 7#a7 the number of disputes investigated by the ,,aiac in the preceding year pursuant to subsection 7b77#f72 7#b7 the number of such disputes filed in the preceding year2 and 7#c7 any recommendations to improve the endorsement contract process4 #i4 ,enforcement 7a7 ,unfair or deceptive act or practice ,a violation of this ,act 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 ,actions by the ,commission ,the ,federal ,trade ,commission shall enforce this ,act 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 #aj4 ,role of national amateur athletic associations ,a national amateur athletic association may establish rules1 consistent with this ,act and the rules developed under section #h7;b77#b71 and enforce such rules by-- 7#a7 declaring ineligible for amateur intercollegiate athlete competition an amateur intercollegiate athlete who receives payments in violation of such rules2 and 7#b7 withholding #a or more revenue distributions from an institution of higher education that makes payments in violation of such rules4 #aa4 ,reporting 7a7 ,biennial report ,not later than #ahj days after the date of enactment of this ,act1 and biennially thereafter1 the head of each national amateur athletic association shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that includes-- 7#a7 a summary of the systemic issues faced by the national amateur athletic association relating to compliance with this ,act2 7#b7 a summary of the trends that are developing among national amateur athletic associations1 conferences1 and institutions of higher education in response to the prohibitions under this ,act2 and 7#c7 recommendations for improvements to intercollegiate athletics that would improve the health1 safety1 and educational opportunities of amateur intercollegiate athletes4 7b7 ,investigation and report ,not later than #e years after the date of enactment of this ,act and once every #e years thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct an investigation to assess compliance with this ,act2 and 7#b7 submit to ,congress a report that includes-- 7,a7 a summary of the investigation conducted under paragraph 7#a72 and 7,b7 recommendations for improvements to intercollegiate athletics that would improve the health1 safety1 and educational opportunities of amateur intercollegiate athletes4 #ab4 ,limitation of liability ,a national amateur athletic association1 a conference1 or an institution of higher education that complies with the requirements under this ,act shall not be subject to liability1 based on action taken by the national amateur athletic association1 conference1 or institution of higher education before the date of 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 #ac4 ,preemption ,no ,state or political subdivision of a ,state may establish or continue in effect any law or regulation that governs or regulates the compensation1 intellectual property rights1 endorsement contracts1 employment status1 or eligibility for an amateur intercollegiate athletic competition of any amateur intercollegiate athlete1 including any provision that governs or regulates the commercial use of the name1 image1 or likeness of an amateur intercollegiate athlete4