,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gdjc ,,in ,,the ,,house ,,of ,,representatives ,february #e1 #bjbf,mr4 ,moore of ,utah 7for himself and ,mr4 ,veasey7 introduced the following bill2 which was referred to the ,committee on ,education and ,workforce1 and in addition to the ,committee on ,foreign ,affairs1 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 foreign investment in relation to name1 image1 and likeness agreements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,foreign ,,nil ,funds ,act4 #b4 ,foreign investment in ,,nil agreements 7a7 ,prohibited compensation ,any national or entity of a foreign country may not provide1 regardless of value1 a covered entity with a benefit or a contribution 7monetary or in-kind7 in relation to a name1 image1 and likeness agreement4 7b7 ,transparency requirement ,any covered entity solicited by an entity under subsection 7a7 in relation to a name1 image1 and likeness agreement shall document with the ,attorney ,general and the ,secretary of ,education such solicitation attempts4 7c7 ,authority ,to investigate institutions 7#a7 ,in general ,the ,attorney ,general1 in coordination with the ,secretary of ,education1 shall investigate suspected violations of subsections 7a7 and 7b7 by institutions of higher education4 7#b7 ,notice2 appeal ,in the case that the ,attorney ,general1 in coordination with the ,secretary of ,education1 determines that an institution of higher education is in violation of the requirements of subsection 7a7 or 7b7-- 7,a7 the ,attorney ,general shall notify the institution of such determination not later than #cj days after such determination is made2 and 7,b7 the institution may appeal such determination by filing an appeal with the ,office of ,hearings and ,appeals of the ,department of ,education4 7d7 ,program participation agreement ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7 is amended by adding at the end the following3 7#cj7 7,a7 ,the institution will comply with the requirements of the ,no ,foreign ,,nil ,funds ,act4 7,b7 ,the institution certifies that the institution has in effect a policy to-- 7i7 prohibit student athletes who violate the requirements of the ,no ,foreign ,,nil ,funds ,act from participating in intercollegiate athletics at the institution for a #a-year period2 7ii7 notify students who have committed to participate in a varsity sports team of the requirements of such ,act and of the prohibition described in clause 7i72 and 7iii7 annually notify student athletes of the requirements of such ,act and of the prohibition described in clause 7i74 7,c7 ,in the case of an institution described in subparagraph 7,d71 the institution will-- 7i7 be ineligible to participate in the programs authorized by this title2 and 7ii7 in order to regain eligibility to participate in such programs1 submit to the ,attorney ,general and the ,secretary of ,education a report detailing compliance with all the requirements of such ,act1 including the divestment of any prohibited funds4 7,d7 ,an institution described in this subparagraph is an institution that-- 7i7 the ,attorney ,general1 in consultation with the ,secretary of ,education1 determines to be in violation of section #b of the ,no ,foreign ,,nil ,funds ,act pursuant to section #b7;c7 of such ,act2 and 7ii7 in the case of an institution that appealed such determination pursuant to section #b7;c77#b77;,b7 of such ,act1 was unsuccessful in appealing such determination4 4 7e7 ,penalties for covered entities ,a covered entity who commits a violation of this section shall be subject to the penalties imposed under subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent that such penalties apply to a person that commits an unlawful act described in section #bjf7;a7 of that ,act4 #c4 ,prohibition on ,certain ,state-,controlled ,investments in ,collegiate ,athletics ,revenue ,streams 7a7 ,prohibition ,no institution of higher education1 athletic conference1 media rights distributor1 or bowl or post-season football organization may-- 7#a7 enter into1 renew1 or maintain any contract1 partnership1 joint venture1 naming-rights agreement1 sponsorship1 or media-rights arrangement that involves direct or indirect financing1 ownership1 or material participation by a foreign country2 or 7#b7 engage in covered activities with a foreign country4 7b7 ,disclosure requirement ,any person subject to subsection 7a7 shall annually disclose all contracts and ownership information for any entity of a foreign country that provides such person with financial consideration for covered activities to the ,secretary of the ,treasury1 in coordination with the ,committee on ,foreign ,investment in the ,united ,states1 and the ,secretary of ,education4 7c7 ,civil penalty ,a person who commits a violation of this section shall be subject to the penalties imposed under section #bjf7;b7 of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent that such penalties apply to a person that commits an unlawful act described in section #bjf7;a7 of that ,act4 #d4 ,definitions ,in this ,act3 7#a7 ,athletic conference ,the term athletic conference means any organization that is not an athletic association and that-- 7,a7 has #b or more institutions of higher education as members2 and 7,b7 arranges championships for college athletic competition or sets rules for college athletic competition4 7#b7 ,bowl or ,post-season ,football ,organization ,the term bowl or post-season football organization means any legal entity1 association1 partnership1 or other organization that contracts with one or more institutions of higher education or athletic conferences for the purpose of administering1 organizing1 producing1 promoting1 or broadcasting post-season intercollegiate football competitions recognized by the ,national ,collegiate ,athletic ,association or its successor1 including the ,college ,football ,playoff4 7#c7 ,covered activities ,the term covered activities means any activity generating or affecting revenue in intercollegiate athletics in relation to the ,national ,collegiate ,athletic ,association ,division ,i men's or women's athletic programs1 including-- 7,a7 the naming rights to conferences1 post-season events1 or athletic facilities2 7,b7 the sale or licensing of broadcast or streaming media rights2 7,c7 a conference-wide or institutional sponsorship agreement2 7,d7 a joint venture or capital investment related to athletic media1 data1 or a content platform2 and 7,e7 an amateur athletic competition1 contest1 tournament1 or match 7both competitive or exhibition74 7#d7 ,covered entity ,the term covered entity means any of the following3 7,a7 ,an institution of higher education4 7,b7 ,a student athlete4 7,c7 ,an organization1 collective1 booster group1 agent1 or any other entity that solicits1 receives1 or manages funds on behalf of1 in affiliation with1 or under the direction of an institution of higher education 7including an athletic department or varsity sports team of such institution7 for the purpose of funding1 or creating or identifying opportunities relating to1 name1 image1 and likeness agreements for the student athletes of such institution4 7#e7 ,entity of a foreign country ,the term entity of a foreign country means a corporation1 partnership1 association1 or organization-- 7,a7 supervised1 directed1 owned1 controlled1 financed1 or subsidized1 in whole or in part1 by a foreign country2 and 7,b7 not organized under or created by the laws of the ,united ,states or of any ,state or other place subject to the jurisdiction of the ,united ,states and does not have its principal place of business within the ,united ,states4 7#f7 ,foreign country ,the term foreign country means any country except the following3 7,a7 ,a country that is a member of the ,north ,atlantic ,treaty ,organization4 7,b7 ,australia4 7,c7 ,new ,zealand4 7,d7 ,ireland4 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#h7 ,media ,rights ,distributor ,the term media rights distributor means any entity1 including a broadcast network1 cable network1 streaming service1 digital platform1 satellite service1 or other distributor1 that acquires1 licenses1 sublicenses1 or otherwise controls rights to transmit1 stream1 broadcast1 exhibit1 or publicly distribute college athletic competitions or related content4 7#i7 ,name1 image1 and likeness agreement ,the term name1 image1 and likeness agreement means a contract or similar agreement under which a student athlete licenses or authorizes1 or a contract or similar agreement that otherwise is in relation to1 the commercial use of the name1 image1 or likeness of the student athlete4 7#aj7 ,national of a foreign country ,the term national of a foreign country means any individual who is a citizen of a foreign country but is not a citizen of or alien lawfully admitted for permanent residence in the ,united ,states of ,america4 7#aa7 ,student athlete ,the term student athlete means an individual who-- 7,a7 is enrolled at an institution of higher education2 and 7,b7 participates in a varsity sports team of such institution4 7#ab7 ,varsity sports team ,the term varsity sports team means an entity composed of an individual or group of individuals enrolled at an institution of higher education that is organized by such institution for the purpose of participation in intercollegiate athletic competitions4