,,ii #aaith ,,congress #ast ,session ,s4 #bicb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjbe,ms4 ,cantwell 7for herself1 ,mr4 ,booker1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the name1 image1 and likeness rights of1 and provide protections for1 student athletes1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,student ,athlete ,fairness and ,enforcement ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,name1 image1 and likeness protections,sec4 #aja4 ,rights and protections4,sec4 #ajb4 ,,nil reporting4,sec4 #ajc4 ,endorsement contract requirements4,sec4 #ajd4 ,student athlete sports agent reform4,sec4 #aje4 ,financial literacy and life skills protections4,,title ,,ii--,student athlete transfer and draft protections,sec4 #bja4 ,transfer protections4,sec4 #bjb4 ,professional draft protections4,,title ,,iii--,student athlete health and safety rules and protections,sec4 #cja4 ,student athlete safety standards4,sec4 #cjb4 ,independence of medical professionals4,sec4 #cjc4 ,provision of certain health care benefits for expenses related to participation in a varsity intercollegiate sport4,,title ,,iv--,scholarship and coursework protections,sec4 #dja4 ,student athlete scholarship protections4,sec4 #djb4 ,limitation on influence or retaliation for coursework4,,title ,v--,nondiscrimination at tournaments,sec4 #eja4 ,nondiscriminatory access to facilities1 services1 and events4,,title ,,vi--,international student visas,sec4 #fja4 ,f visas and employment authorization for international student athletes4,,title ,,vii--,additional revenue support to preserve college sports,sec4 #gja4 ,authority for jersey or uniform patches4,,title ,,viii--,office of the ,athlete ,ombuds,sec4 #hja4 ,office of the ,athlete ,ombuds4,,title ,,ix--,college broadcast media rights,sec4 #ija4 ,purpose4,sec4 #ijb4 ,definitions4,sec4 #ijc4 ,expansion of ,sports ,broadcasting ,act of #aifa to college sports4,sec4 #ijd4 ,committee on intercollegiate sports media rights4,sec4 #ije4 ,market level broadcast access for college football and basketball4,sec4 #ijf4 ,streaming rights utilization requirement for college sports other than football and basketball4,sec4 #ijg4 ,limitation on renegotiation or extension of existing media rights contracts4,,title ,x--,enforcement and oversight,sec4 #ajja4 ,commission enforcement and oversight4,sec4 #ajjb4 ,enforcement by ,states4,sec4 #ajjc4 ,private right of action4,sec4 #ajjd4 ,whistleblower protections4,,title ,,xi--,general provisions,sec4 #aaja4 ,authorization of appropriations4,sec4 #aajb4 ,relationship to existing law4,sec4 #aajc4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,athlete agent ,the term athlete agent has the meaning given that term in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja74 7#b7 ,athletic association 7,a7 ,in general ,the term athletic association means any organization or other group organized in the ,united ,states that-- 7i7 has multiple conferences and institutions as members2 7ii7 sponsors or arranges college athletic competitions between institutions2 7iii7 sets common rules1 standards1 procedures1 or guidelines for the administration of college athletic competition2 and 7iv7 is not a conference4 7,b7 ,inclusions ,the term athletic association includes-- 7i7 the ,national ,collegiate ,athletic ,association2 and 7ii7 any other national intercollegiate athletic association4 7#c7 ,athletic department ,the term athletic department means a department at1 or a component of1 an institution responsible for managing one or more varsity intercollegiate sports programs4 7#d7 ,college athletic competition ,the term college athletic competition means any varsity game1 meet1 or other competition between or among athletic teams sponsored by institutions4 7#e7 ,college athletic event ,the term college athletic event-- 7,a7 means a game1 meet1 competition1 banquet1 practice1 conditioning session1 media session1 or any other event that has been organized or authorized by an athletic department1 conference1 or athletic association1 regardless of whether such event occurs on or off the campus of an institution or during or outside the season for competition2 and 7,b7 includes team travel to and from any such event4 7#f7 ,commensurate with other compensation ,the term commensurate with other compensation means compensation at rates and terms commensurate with compensation paid to individuals with name1 image1 and likeness rights of comparable value who are not student athletes or prospective student athletes with respect to such institution4 7#g7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#h7 ,compensation 7,a7 ,in general ,the term compensation means any payment1 remuneration1 or benefit provided by an institution1 third party1 or ,,nil collective to a student athlete4 7,b7 ,exclusions ,the term compensation does not include payment or provision of the following3 7i7 ,grant-in-aid4 7ii7 ,awards for education-related expenses4 7iii7 ,amounts 7including reimbursements7 for expenses related to meals1 lodging1 childcare1 emergency family expenses1 transportation1 and other expenses incidental to participation in a varsity intercollegiate sports program that are available based on uniform standards applicable to all student athletes4 7iv7 ,hourly wages and benefits for work performed outside of participation in a varsity intercollegiate sports program at a rate commensurate with the prevailing rate in the relevant ,state or locality for similar work4 7v7 ,federal ,pell ,grants provided under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 and other ,federal and ,state grants unrelated to1 and not awarded with respect to1 participation in college athletic competitions4 7vi7 ,health insurance and the costs of health care funded by an athletic association1 conference1 or institution4 7vii7 ,disability and loss of value insurance funded by an athletic association1 conference1 or institution4 7viii7 ,career counseling1 job placement services1 or other guidance available to all students at an institution4 7#i7 ,conference ,the term conference means any organization that is not an athletic association and that-- 7,a7 has #b or more institutions as members2 and 7,b7 arranges championships for college athletic competition or sets rules for college athletic competition4 7#aj7 ,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 by applying the same standards1 policies1 and procedures for all students at that institution4 7#aa7 ,covered compensation ,the term covered compensation means compensation provided by an institution1 third party1 or ,,nil collective to a student athlete that exceeds #fjj1 including multiple payments1 remunerations1 or benefits with the same institution1 third party1 or ,,nil collective that exceeds a total of #fjj over a #ab-month period4 7#ab7 ,endorsement contract ,the term endorsement contract has the meaning given that term in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja74 7#ac7 ,grant-in-aid ,the term grant-in-aid means-- 7,a7 a scholarship1 grant1 or other form of financial assistance1 including the provision of tuition1 room1 board1 books1 or funds for fees or personal expenses that-- 7i7 is paid or provided by an institution to a student for their undergraduate or graduate education2 and 7ii7 is in an amount that does not exceed the cost of attendance and any education-related benefits for such student at the institution2 and 7,b7 does not include covered compensation4 7#ad7 ,image ,the term image1 with respect to a student athlete1 means a photograph1 video1 computer-generated representation1 or other depiction that identifies1 is linked to1 or is reasonably linkable to the student athlete4 7#ae7 ,institution ,the term institution has the meaning given the term institution of higher education in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#af7 ,likeness ,the term likeness1 with respect to a student athlete1 means-- 7,a7 the uniquely identifiable body1 physical characteristics1 or voice of the student athlete2 7,b7 any other mark that identifies or distinguishes the student athlete2 or 7,c7 the jersey number associated with the student athlete during the period of athletic participation by the student athlete at an institution if the jersey number is accompanied by-- 7i7 a logo or color scheme that is clearly associated with the institution2 or 7ii7 some other means by which the jersey number is associated with the student athlete4 7#ag7 ,name ,the term name1 with respect to a student athlete1 means-- 7,a7 the first1 last1 or family name that identifies the student athlete2 7,b7 a nickname or assumed name of the student athlete2 or 7,c7 a username associated with the student athlete on any public facing internet platform4 7#ah7 ,,nil collective ,the term ,,nil collective-- 7,a7 means an entity affiliated with an institution that-- 7i7 represents1 manages1 or facilitates endorsement contracts for student athletes in connection with participation by the student athlete on a varsity intercollegiate sports team of the institution2 and 7ii7 in the most recent #a-year period1 entered into #a or more endorsement contracts with #a or more student athletes exceeding #fjj2 and 7,b7 includes-- 7i7 an individual who is or has been a member1 employee1 director1 owner1 officer or other representative of an entity described in subparagraph 7,a72 7ii7 an individual or entity that has directly or indirectly contributed more than #ej1jjj over the lifetime of the individual or entity to the athletic program of the institution or to an entity described in subparagraph 7,a72 7iii7 an individual or entity that is not an employee of or associated with the institution and who is directed or requested by the institution or employees of the institution to assist in the recruitment or retention of student athletes or prospective student athletes2 and 7iv7 any entity 7other than a publicly traded corporation7 owned1 controlled1 operated by1 or otherwise affiliated with an entity or individual described in subparagraph 7,a7 or this subparagraph4 7#ai7 ,prospective student athlete ,the term prospective student athlete means an individual who is recruited to attend an institution as a student athlete1 but has not yet enrolled at an institution4 7#bj7 ,student athlete ,the term student athlete means a matriculated student at an institution who participates in a varsity intercollegiate sport managed by the institution4 7#ba7 ,third party ,the term third party means an individual or entity that is-- 7,a7 not an institution1 athletic department1 conference1 or athletic association2 and 7,b7 unaffiliated with-- 7i7 an athletic department of an institution2 7ii7 a conference2 or 7iii7 an athletic association4 7#bb7 ,valid business purpose ,the term valid business purpose means a purpose related to the promotion of goods or services provided to the general public for profit4 7#bc7 ,varsity intercollegiate sport ,the term varsity intercollegiate sport means a sport played at the intercollegiate level1 administered by an athletic department1 for which eligibility requirements for participation by student athletes are established by an athletic association4 ,i ,name1 image1 and likeness protections #aja4 ,rights and protections 7a7 ,student athlete name1 image1 and likeness rights 7#a7 ,in general ,except as explicitly provided in this ,act and the amendments made by this ,act1 an institution1 athletic department1 conference1 athletic association1 or any representative of such an entity may not-- 7,a7 restrict the ability of a student athlete or group of student athletes-- 7i7 to market or to earn compensation for the value of their name1 image1 or likeness2 7ii7 to obtain or to retain an athlete agent or legal representation2 or 7iii7 to receive compensation from a third party for-- 7,i7 reasonable costs of transportation1 room1 or board for friends or family members of a student athlete to visit the student athlete during any period during which the student athlete is experiencing a documented physical or mental health concern or participating in a college athletic competition2 7,,ii7 reasonable costs for necessities1 including food1 shelter1 medical coverage1 and medical expenses2 or 7,,iii7 reasonable costs for tuition1 fees1 books1 transportation1 or any other incidental expense that is not otherwise provided by the institution2 7,b7 limit athletic opportunities for a student athlete on the basis of-- 7i7 the student athlete marketing1 or earning compensation for the value of1 their name1 image1 or likeness in compliance with this ,act and the amendments made by this ,act2 or 7ii7 the student athlete obtaining representation by an athlete agent or legal representative2 7,c7 use receipt of compensation from a third party pursuant to an endorsement contract as a factor in determining 7unless to the benefit of the student athlete7-- 7i7 the eligibility or opportunity of a student athlete to apply for or receive a grant-in-aid2 or 7ii7 the amount1 duration1 or renewal of the grant-in-aid of a student athlete2 or 7,d7 revoke1 reduce1 or decline to renew a grant-in-aid for a student athlete based on the student athlete having entered into an endorsement contract in compliance with this ,act and the amendments made by this ,act4 7#b7 ,institutional name1 image1 and likeness ,an institution1 athletic department1 conference1 athletic association1 or ,,nil collective may pay1 provide1 or facilitate compensation to a student athlete for the use of the name1 image1 and likeness of the student athlete pursuant to an endorsement contract or revenue sharing agreement4 7#c7 ,consent and compensation for group use ,an institution1 athletic department1 conference1 athletic association1 ,,nil collective1 third party1 or any representative thereof1 may not use the name1 image1 or likeness of any group of student athletes to sell or promote any product or service unless the institution1 athletic department1 conference1 athletic association1 ,,nil collective1 or third party1 as the case may be1 obtains an agreement from each member of the group for that purpose4 7#d7 ,notification of rules ,an institution shall provide to each student athlete enrolled at the institution1 in a timely manner before the start of the regular session or participation of the student athlete in a college athletics program1 a list of rules that govern endorsement contracts and receiving covered compensation4 7b7 ,restrictions 7#a7 ,institution intellectual property restrictions ,a student athlete shall not use the facilities1 apparel1 equipment1 uniforms1 or intellectual property of an institution1 including logos1 indicia1 registered and unregistered trademarks1 and products protected by copyright1 for any opportunity to earn compensation for the use of the name1 image1 or likeness of the student athlete unless expressly permitted by the institution4 7#b7 ,institution-sponsored competition and practices 7,a7 ,in general ,an institution may prohibit a student athlete from engaging in in-person activities in connection with an endorsement contract that are concurrent with a mandatory college athletic event or college athletic competition4 7,b7 ,activities other than mandatory college athletic events or college athletic competition ,an institution may not prohibit1 and may not enter into a contract that prohibits1 a student athlete from the use of shoes1 apparel1 or equipment1 or carrying out activities pursuant to an endorsement contract1 during a period in which the student athlete is not engaged in a mandatory college athletic event or college athletic competition4 7,c7 ,nonapplicability to pre-recorded activities ,subparagraph 7,a7 shall not apply to scheduled social media posts1 pre-recorded commercials1 and other commercial or business activities that do not take place in person4 7#c7 ,restrictions on endorsement contracts with ,,nil collectives ,an institution1 conference1 or athletic association shall prohibit an ,,nil collective from entering into an endorsement contract with a student athlete that is not for a valid business purpose or commensurate with other compensation4 7c7 ,additional protections ,an institution1 a conference1 or an athletic association may not impose on students athletes restrictions on speech that are more stringent than restrictions on speech imposed on other students enrolled in the institution4 #ajb4 ,,nil reporting 7a7 ,mandatory reporting by student athletes 7#a7 ,enrolled athletes ,all ,division ,i student athletes enrolled at an institution are required to report the terms of any endorsement contract for covered compensation to the institution or a reporting entity designated by the institution not later than #e business days after the date on which the student athlete executes the endorsement contract4 7#b7 ,recruited athletes ,with respect to a ,division ,i student athlete who is or may be recruited to attend1 but is not yet enrolled in an institution1 and who enters into an endorsement contract1 the student athlete shall1 before signing a letter of intent1 provide to the institution a copy of all current endorsement contracts entered into by the student athlete4 7b7 ,mandatory reporting by institutions 7#a7 ,in general ,not later than #fj days after the date on which an academic year ends1 each institution with #a or more varsity intercollegiate sports programs shall submit to their governing athletic association a report that includes1 for the academic year1 the following3 7,a7 ,the revenues and expenditures of each such sports program1 including third-party donations1 ,federal funds1 ,state funds1 and compensation for personnel of each such sports program1 individually and in aggregate4 7,b7 ,the average number of hours student athletes spent on college athletic events and college athletic competition1 disaggregated by sports program4 7,c7 ,the academic outcomes and majors for student athletes1 disaggregated by sports program4 7,d7 ,the number1 average1 and total value of endorsement contracts entered into between the institution and student athletes1 disaggregated by sports program4 7#b7 ,treatment of men's and women's programs ,an institution shall treat men's and women's sports programs as distinct sports programs for the purposes of reporting obligations under this subsection4 7c7 ,mandatory reporting by associations ,not later than #abj days after the date on which an academic year ends1 each athletic association shall post publicly on an internet website of the athletic association a report that includes the information reported to the association by institutions pursuant to subsection 7b74 7d7 ,mandatory annual reporting by ,,nil collectives ,each ,,nil collective shall1 not later than #cj days after first entering into or arranging an endorsement contract1 submit to each athletic association that governs any institution with which the ,,nil collective is affiliated1 if any1 the following3 7#a7 ,the name and contact information for the ,,nil collective1 including a telephone number1 email address1 and1 if available1 a website address4 7#b7 ,the address of the principal place of business of the ,,nil collective4 7#c7 ,a description of the type of business and business activity of the ,,nil collective1 including whether it operates as a nonprofit and the varsity intercollegiate sports programs covered under its activities4 7#d7 ,a description of the institution or institutions with which the ,,nil collective is affiliated or with respect to which the ,,nil collective engages in an endorsement contract or contracts with students of the institution or institutions4 7#e7 ,a description of the relationship of the ,,nil collective with any varsity intercollegiate sports program1 including any coordination with an institution4 #ajc4 ,endorsement contract requirements 7a7 ,in general ,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#c7 through 7#i7 as paragraphs 7#d7 through 7#aj71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,athletic association ,the term athletic association has the meaning given that term in section #b of the ,student ,athlete ,fairness and ,enforcement ,act4 2 and 7#b7 by inserting after section #c the following3 #c;,a4 ,endorsement contract requirements 7a7 ,endorsement contract requirements ,an endorsement contract with a student athlete must-- 7#a7 be in writing2 7#b7 plainly state that the student athlete has the right to obtain or retain an athlete agent or legal representation with respect to the endorsement contract2 7#c7 state the name of each party to the endorsement contract2 7#d7 state a description of services rendered and the terms of the endorsement contract2 7#e7 state the amount of compensation to be provided to the student athlete under the endorsement contract2 and 7#f7 not be for a term that extends beyond the eligibility of the student athlete to participate in varsity intercollegiate sport4 7b7 ,effect of compliance ,an endorsement contract with a student athlete that does not comply with the requirements under subsection 7a7 shall be void at the option of the student athlete4 7c7 ,rescission of contract ,a student athlete who no longer participates in an intercollegiate sport program as a result of a determination of ineligibility by an athletic association may rescind an endorsement contract with a remaining term of #a year or longer-- 7#a7 without being held liable for breach2 and 7#b7 with no obligation to return payments or compensation received before giving notice of the rescission4 7d7 ,privacy protections 7#a7 ,prohibition on disclosure of endorsement contracts ,except as explicitly provided by this ,act or the ,student ,athlete ,fairness and ,enforcement ,act1 an institution 7or a reporting entity designated by the institution71 third party1 or ,,nil collective may not disclose an endorsement contract or any term of an endorsement contract publicly or to any individual who is not party to the endorsement contract without the express written consent of the student athlete that is party to the endorsement contract unless-- 7,a7 the endorsement contract or the term has already been disclosed publicly by the student athlete or their athlete agent or legal representative2 or 7,b7 required to comply with a properly authorized civil1 criminal1 or regulatory investigation or subpoena or summons by ,federal or ,state authorities4 7#b7 ,consent requirements ,written consent under paragraph 7#a7 shall state the individual or entity to which the institution 7or a reporting entity designated by the institution71 third party1 or ,,nil collective may disclose the endorsement contract or term of the contract1 any permitted subsequent disclosures of the contract1 and the purpose of the disclosure4 7#c7 ,non-applicability of open records laws ,endorsement contracts or other financial information provided by a student athlete or an athlete agent of a student athlete to an institution shall not be subject to ,federal or ,state open records laws4 7e7 ,definitions ,in this section1 the terms compensation1 institution1 ,,nil collective1 and third party have the meanings given those terms in section #b of the ,student ,athlete ,fairness and ,enforcement ,act4 4 7b7 ,clerical amendment ,the table of contents for the ,sports ,agent ,responsibility and ,trust ,act is amended by inserting after the item relating to section #c the following3 ,sec4 #c;,a4 ,endorsement contract requirements4 4 #ajd4 ,student athlete sports agent reform 7a7 ,in general ,the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja et seq471 as amended by section #ajc1 is further amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #ghja71 by amending paragraph 7#a7 to read as follows3 7#a7 ,agency contract ,the term agency contract means a written agreement-- 7,a7 in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports contract or an endorsement contract2 and 7,b7 that-- 7i7 states the name of each party to the agreement2 7ii7 states the term of the agreement2 7iii7 states the registration information for the athlete agent2 and 7iv7 states the fee or commission charged by the athlete agent4 2 7#b7 in section #c 7#ae ,u4,s4,c4 #ghjb7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking 2 or and inserting a semicolon2 7ii7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7#d7 represent a student athlete for an endorsement contract without entering into agency contract2 7#e7 represent a student athlete for an endorsement contract without the athlete agent first registering as an agent with a ,state and certifying to an athletic association governing the intercollegiate sport the student athlete participates in that the athlete agent is registered with a ,state2 7#f7 charge a student athlete a fee in connection with an endorsement contract that exceeds #e percent of the value of the endorsement contract2 7#g7 enter into an agency contract with an athlete for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sport2 7#h7 entice a student athlete to enroll at an institution 7as defined in section #b of the ,student ,athlete ,fairness and ,enforcement ,act71 transfer to or from an institution1 or declare an intent to transfer from an institution by misrepresenting the existence1 nature1 or value of a name1 image1 or likeness opportunity the athlete agent can arrange on behalf of the student athlete2 or 7#i7 make a materially false1 misleading1 deceptive1 or fraudulent representation as an athlete agent or in the application for registration as an athlete agent4 2 and 7,b7 in subsection 7b77#c71 by striking ,warning to ,student ,athlete3 ,if you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport42 7#c7 by inserting after section #c;,a1 as added by section #ajc1 the following3 #c;,b4 ,registration and other requirements of athlete agents and athletic associations 7a7 ,registration requirement ,prior to representing a student athlete for an endorsement contract1 a prospective athlete agent must register with a ,state4 7b7 ,registration established ,an individual is deemed to be registered with a ,state for purposes of this section if the individual is-- 7#a7 a registered professional sports agent with a professional sports league or players association1 in good standing2 or 7#b7 registered and certified under the ,all ,state ,uniform ,agent ,acts in the ,state in which the agent operates1 in good standing4 7c7 ,agent fee cap ,fees charged by an athlete agent in connection with an endorsement contract entered into by a student athlete shall not exceed #e percent of the value of the endorsement contract4 7d7 ,certification to athletic associations 7#a7 ,requirement ,an athlete agent that represents a student athlete participating in an intercollegiate sport governed by an athletic association must certify to the athletic association that the athlete agent is registered with a ,state4 7#b7 ,prohibition ,it is unlawful for an individual to certify to an athletic association that the individual is an athlete agent if the individual is not registered with a ,state4 7e7 ,requirements of athletic associations 7#a7 ,searchable registry ,it is unlawful for an athletic association to operate without maintaining a publicly available website that includes a searchable database of athlete agents registered under subsection 7a7 and certified under subsection 7b74 7#b7 ,website ,an athletic association shall include on a publicly available website a working link to1 or information on how to locate1 the website of the ,commission4 2 and 7#d7 by inserting after section #e the following3 #e;,a4 ,private right of action 7a7 ,in general ,any current or former student athlete alleging a violation of this ,act may bring a civil action in an appropriate district court of the ,united ,states or in an appropriate ,state court4 7b7 ,relief ,in a civil action brought under subsection 7a7 in which the plaintiff prevails1 the court may award-- 7#a7 actual damages2 7#b7 reasonable attorney's fees and litigation costs2 and 7#c7 any other relief1 including equitable or declaratory relief1 that the court determines appropriate4 7c7 ,invalidity of pre-,dispute arbitration agreements and pre-,dispute joint action waivers 7#a7 ,in general ,notwithstanding any other provision of law1 no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this ,act4 7#b7 ,applicability ,any determination as to whether or how paragraph 7#a7 applies to any dispute shall be made by a court1 rather than an arbitrator1 without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator4 7#c7 ,definitions ,in this subsection3 7,a7 ,pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement4 7,b7 ,pre-dispute joint-action waiver ,the term pre-dispute joint-action waiver means an agreement1 whether or not part of a pre-dispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 4 7b7 ,clerical amendments ,the table of contents for the ,sports ,agent ,responsibility and ,trust ,act is amended-- 7#a7 by inserting after the item relating to section #c;,a the following3 ,sec4 #c;,b4 ,registration and other requirements of athlete agents and athletic associations4 2 and 7#b7 by inserting after the item relating to section #e the following3 ,sec4 #e;,a4 ,private right of action4 4 #aje4 ,financial literacy and life skills protections 7a7 ,financial and contract literacy development program ,each institution may offer a financial and contract literacy development program using its own curriculum or the curriculum developed by an athletic association or conference4 7b7 ,limitation ,a program under subsection 7a7 may not include any marketing1 advertising1 referral1 or solicitation offers4 ,,ii ,student athlete transfer and draft protections #bja4 ,transfer protections ,an institution1 athletic department1 conference1 athletic association1 or any representative of such an entity shall permit a student athlete to transfer from one institution to another institution-- 7#a7 twice1 without losing or delaying eligibility to participate in varsity intercollegiate sport2 and 7#b7 additionally upon-- 7,a7 mutual agreement of the institution from which the student athlete transfers and the student athlete2 or 7,b7 discontinuation of a sport or material under investment in a sport by that institution impacting the student athlete4 #bjb4 ,professional draft protections ,an institution1 athletic department1 conference1 athletic association1 or any representative of such an entity may not punish a student athlete based on the student athlete having entered into a professional sports draft1 if the student athlete-- 7#a7 does not receive compensation directly or indirectly1 from a professional sports league or team2 and 7#b7 not later than #g days after the completion of the draft1 declares their intent to resume participation in college athletic competition4 ,,iii ,student athlete health and safety rules and protections #cja4 ,student athlete safety standards 7a7 ,health1 welfare1 and safety standards ,each institution1 conference1 and athletic association shall adhere to standards to protect student athletes from sports-related serious injury1 conditions1 and death1 including-- 7#a7 brain injury1 by adhering to the concussion management practices1 protocols1 and legislation of the ,national ,collegiate ,athletic ,association effective ,january #ae1 #bjbd1 and as amended to strengthen protections for student athletes2 7#b7 heat-related illness1 by adhering to the ,american ,college of ,sports ,medicine ,expert ,consensus ,statement on ,exertional ,heat ,illness3 ,recognition1 ,management1 and ,return to ,activity 7,april #bjbc71 and as amended to strengthen protections for student athletes2 7#c7 rhabdomyolysis1 in accordance with the guidelines of the ,national ,collegiate ,athletic ,association for exertional rhabdomyolysis published in #bjbe1 and as amended to strengthen protections for student athletes2 and 7#d7 for any student athlete who is identified with-- 7,a7 sickle cell trait1 by following the guidelines published by the ,national ,collegiate ,athletic ,association in #bjbe1 and as amended to strengthen protections for student athletes2 and 7,b7 asthma1 by following the guidelines of the ,national ,athletic ,trainers' ,association ,position ,statement3 ,management of ,asthma in ,athletes 7,september #bjje71 and as amended to strengthen protections for student athletes4 7b7 ,measures ,to prevent1 assess1 and remediate abuse or misconduct ,each institution1 conference1 and athletic association shall take reasonable actions to prevent1 assess1 and remediate-- 7#a7 abuse or hazing of any student athlete1 including physical and sexual abuse2 and 7#b7 sexual assault1 sexual misconduct1 and sexual harassment4 7c7 ,athlete advocate organizations ,each institution1 athletic department1 conference1 and athletic association shall provide student athletes with a list of independent athlete advocate organizations at the beginning of each academic year4 7d7 ,independent officers of institutions 7#a7 ,in general ,each institution shall designate an official1 independent from the athletic department of the institution1 as the athletic health and safety independent officer for the institution4 7#b7 ,reporting ,the health and safety independent officer designated under paragraph 7#a7 for an institution shall report directly to-- 7,a7 the president or other head officer of the institution2 or 7,b7 a designee of the president or other head officer of the institution if such designee-- 7i7 reports directly to the president or other head officer of the institution2 7ii7 is not an employee of the athletic department of the institution2 and 7iii7 does not report to any employee of the athletic department4 7#c7 ,independent officer responsibilities ,an employee who is designated by an institution under paragraph 7#a7 as a health and safety independent officer shall be responsible for1 at a minimum-- 7,a7 overseeing implementation of the applicable requirements the institution is subject to under this section1 including any applicable training1 oversight practices1 policies1 and procedures2 and 7,b7 consulting with student athletes and athletic department personnel and reporting any suspected violations of this section to the president or other head officer of the institution4 #cjb4 ,independence of medical professionals 7a7 ,in general ,medical personnel1 including athletic trainers1 physical therapists1 and physicians1 shall have the autonomous1 unchallengeable authority to determine medical management and return to play decisions for student athletes under their care at an institution4 7b7 ,limitation on nonmedical personnel ,no coach or other nonmedical personnel of an institution may attempt to influence or disregard the decisions of medical personnel with respect to the medical management and return to play decisions for student athletes under their care at the institution4 #cjc4 ,provision of certain health care benefits for expenses related to participation in a varsity intercollegiate sport 7a7 ,division ,i health benefits ,each ,division ,i institution1 or an athletic association or conference on behalf of a ,division ,i institution1 shall cover the cost of the following3 7#a7 ,during the participation by a student athlete in a varsity intercollegiate sport-- 7,a7 all out-of-pocket medical expenses1 such as copayments or deductibles1 for the health care coverage of the student athlete for any injury or disease incurred through participation in a varsity intercollegiate sport2 7,b7 the expense of obtaining medical second opinions independent of the institution for any injury or disease incurred through participation in a varsity intercollegiate sport2 and 7,c7 catastrophic injury medical coverage for any catastrophic injury or disease incurred through participation in a varsity intercollegiate sport that-- 7i7 results in or may result in a disability2 or 7ii7 exceeds #ij1jjj in medical costs4 7#b7 ,an end-of-college physical examination for the purpose of documenting and diagnosing any injury or condition related to participation in a varsity intercollegiate sport4 7b7 ,post-,eligibility coverage 7#a7 ,in general ,each institution1 or an athletic association or conference on behalf of an institution1 shall for the #e-year period beginning on the day after the last college athletic competition for the student athlete1 cover the cost of all out-of-pocket medical expenses of the student athlete for health care coverage for any injury or disease incurred through participation in a varsity intercollegiate sport4 7#b7 ,athletic association post-eligibility insurance and catastrophic injury fund or program ,an athletic association must-- 7,a7 establish a fund or program to help cover the cost of-- 7i7 in the case of an institution generating less than #bj1jjj1jjj in total annual athletics revenue during an academic year1 compliance with paragraph 7#a7 in the event of demonstrated financial hardship2 and 7ii7 medical expenses for student athletes diagnosed with significant long-term conditions related to their participation in a varsity intercollegiate sport1 including chronic traumatic encephalopathy and any other cognitive impairment2 and 7,b7 ensure that the fund or program established under subparagraph 7,a7 is adequately funded4 7c7 ,notification regarding mental health services ,an institution must clearly and conspicuously notify student athletes1 not less frequently than annually1 of the mental health services available to them on campus4 ,,iv ,scholarship and coursework protections #dja4 ,student athlete scholarship protections 7a7 ,in general ,except as provided in subsection 7b71 an institution that awards a grant-in-aid to a student athlete shall not reduce or withdraw the grant-in-aid amount1 including on the basis of-- 7#a7 the athletics ability1 performance1 or contribution of the student athlete to team success2 7#b7 an injury or illness or based on a physical or mental medical condition of the student athlete2 or 7#c7 roster management decisions4 7b7 ,exceptions ,subsection 7a7 shall not apply to an individual if the individual-- 7#a7 does not meet established policies for participating in mandatory team athletic activities for a varsity intercollegiate sport2 7#b7 is not in compliance with the code of conduct as applied to all students of the institution2 7#c7 is academically ineligible to attend the institution2 or 7#d7 transfers to another institution4 7c7 ,notice ,an institution shall provide a student athlete with timely written notice with respect to any possible reduction in or loss of a grant-in-aid amount4 7d7 ,reinstatement ,in the case of a revocation of grant-in-aid amounts for an individual pursuant to an exception under subsection 7b71 an institution may reinstate such amounts if the individual subsequently cures or satisfies the reasons for revocation of those amounts4 7e7 ,former student athletes ,until the earlier of the end of a #aj academic year period during which an individual is enrolled at an institution or the date on which the individual receives an undergraduate degree1 an institution shall continue to provide grant-in-aid amounts covering tuition1 books1 and fees to any former student athlete who-- 7#a7 received grant-in-aid amounts while enrolled at the institution2 7#b7 has not completed their course of study for an undergraduate degree2 and 7#c7 was enrolled at the institution during their last year of eligibility for a varsity intercollegiate sport4 #djb4 ,limitation on influence or retaliation for coursework 7a7 ,in general ,an athletic department of an institution or representative thereof may not-- 7#a7 exert influence over the selection by a student athlete of any course or academic major2 7#b7 retaliate against a student athlete based on the selection by the student athlete of any course or academic major2 or 7#c7 interfere with or discourage any student athlete who seeks to secure employment or internships1 participate in student groups or events1 or serve as a volunteer1 unless such activities interfere with mandatory class time or mandatory college athletic events4 7b7 ,rule of construction ,subsection 7a7 may not be construed as preventing an athletic department or representative thereof from-- 7#a7 informing a student athlete of academic eligibility requirements and mandatory and expected team activities2 or 7#b7 providing other legitimate academic counseling and support services1 in collaboration with the institution1 to help student athletes pursue the academic interests of and improve academic outcomes for the student athlete4 ,v ,nondiscrimination at tournaments #eja4 ,nondiscriminatory access to facilities1 services1 and events ,an athletic association or conference may not discriminate on the basis of sex with regard to the provision of medical care1 rest1 hotel stays1 food1 athletic facilities1 transportation1 and sporting event promotions4 ,,vi ,international student visas #fja4 ,f visas and employment authorization for international student athletes 7a7 ,f visa category ,section #aja7;a77#ae77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 is amended-- 7#a7 in clause 7ii71 by striking and at the end2 and 7#b7 in clause 7iii71 by striking the semicolon at the end and inserting1 and 7iv7 an alien who is or will become a student athlete 7as defined in section #b of the ,student ,athlete ,fairness and ,enforcement ,act7 upon enrollment at an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 and who intends to enter into an agreement for the commercial use of the alien's name1 image1 or likeness in exchange for compensation 7as defined in section #b of the ,student ,athlete ,fairness and ,enforcement ,act724 7b7 ,employment authorization ,section #bad7m7 of ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7m77 is amended by adding at the end the following3 7#c7 ,a nonimmigrant who obtains the status of a nonimmigrant under clause 7iv7 of section #aja7;a77#ae77;,f7 shall be eligible for employment authorization for the purpose of engaging in activities pursuant to an agreement for the commercial use of the name1 image1 or likeness of the nonimmigrant in exchange for compensation 7as defined in section #b of the ,student ,athlete ,fairness and ,enforcement ,act74 4 ,,vii ,additional revenue support to preserve college sports #gja4 ,authority for jersey or uniform patches 7a7 ,purpose ,the purpose of this section is to provide additional revenue for institutions to fund all sports1 including ,olympic sports and women's sports1 and to discourage institutions from raising tuition or fees on students to pay for the varsity intercollegiate sports programs of those institutions4 7b7 ,authority ,no athletic association or conference shall prohibit an institution or conference from obtaining sponsorship for a single jersey or uniform patch for any sport1 if any institution deriving or obtaining revenue from the patch1 either individually or through a conference1 provides1 at a minimum1 the same number of roster spots and scholarships for student athletes in non-revenue-generating and women's varsity intercollegiate sports as the institution provided during the #bjbc-bjbd academic year4 ,,viii ,office of the ,athlete ,ombuds #hja4 ,office of the ,athlete ,ombuds 7a7 ,establishment ,each athletic association shall establish an office to support student athletes1 to be known as the ,office of the ,athlete ,ombuds4 7b7 ,duties ,the ,office of the ,athlete ,ombuds for an athletic association shall-- 7#a7 provide independent information and advice to athletes1 at no cost1 about this ,act and the rules1 regulations1 and policies of the athletic association2 7#b7 assist student athletes in the resolution of athlete concerns with respect to the athletic association1 conferences1 and institutions2 and 7#c7 direct student athletes to external third-party resources for student athletes1 including athlete advocacy organizations4 7c7 ,confidentiality 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,office of the ,athlete ,ombuds for an athletic association shall maintain as confidential any information communicated or provided to the ,office of the ,athlete ,ombuds in confidence in any matter relating to a concern of a student athlete4 7#b7 ,exception ,the ,office of the ,athlete ,ombuds may disclose information described in paragraph 7#a7-- 7,a7 with the permission of the person who provided the information to the ,office of the ,athlete ,ombuds2 7,b7 in response to a subpoena issued by a court of competent jurisdiction2 or 7,c7 if necessary to protect any person from imminent risk of serious harm4 ,,ix ,college broadcast media rights #ija4 ,purpose ,the purpose of this title is to provide additional revenue for institutions to fund all sports1 including ,olympic sports and women's sports1 and to discourage institutions from raising tuition or fees on students to pay for the institutions' varsity intercollegiate sports programs4 #ijb4 ,definitions 7a7 ,references to ,sports ,broadcasting ,act of #aifa ,in this title1 the term ,sports ,broadcasting ,act of #aifa means the ,act of ,september #cj1 #aifa 7#ae ,u4,s4,c4 #abia et seq474 7b7 ,amendments to ,sports ,broadcasting ,act of #aifa ,section #e of the ,sports ,broadcasting ,act of #aifa 7#ae ,u4,s4,c4 #abie7 is amended-- 7#a7 by striking ,as used in this ,act1 persons means and inserting the following3 8,as used in this ,act30 7#g7 ,persons ,the term persons means 2 and 7#b7 by inserting before paragraph 7#g71 as so designated1 the following3 7#a7 ,college athletic competition ,the term college athletic competition has the meaning given the term in section #b of the ,student ,athlete ,fairness and ,enforcement ,act4 7#b7 ,designated market area ,the term designated market area has the meaning given the term in section #abb7;j77#b77;,c7 of title #ag1 ,united ,states ,code4 7#c7 ,institution ,the term institution has the meaning given the term institution of higher education in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,local designated market area 7,a7 ,in general ,the term local designated market area means a designated market area that includes the principal campus of an institution that is a member of a participating association4 7,b7 ,publication of list ,the ,federal ,communications ,commission shall-- 7i7 not later than #ahj days after the date of enactment of the ,student ,athlete ,fairness and ,enforcement ,act1 publish a list of designated market areas described in subparagraph 7,a72 and 7ii7 maintain the list described in clause 7i7 on a public website4 7#e7 ,local outlet option ,the term ,local ,outlet option means the opportunity for not less than #a outlet to carry a live college athletic competition without charge to viewers within the local designated market area of an institution that is participating in the competition4 7#f7 ,participating association ,the term participating association means an association that has entered into a joint agreement described in section #a7;b77#a74 4 #ijc4 ,expansion of ,sports ,broadcasting ,act of #aifa to college sports 7a7 ,in general ,section #a of the ,sports ,broadcasting ,act of #aifa 7#ae ,u4,s4,c4 #abia7 is amended-- 7#a7 by striking ,that the and inserting the following3 #a4 ,exemption of certain agreements from antitrust laws 7a7 ,professional sports ,the 2 and 7#b7 by adding at the end the following3 7b7 ,college sports 7#a7 ,in general ,the antitrust laws1 as defined in subsection 7a71 shall not apply to any joint agreement by or among persons engaging in or conducting organized college athletic competitions1 through which an association described in paragraph 7#b7 of institutions participating in any such competition-- 7,a7 sells or otherwise transfers all or any part of the rights of those institutions in the sponsored telecasting of those competitions2 and 7,b7 distributes revenues from the sale of those rights1 which distribution1 in the case of an association described in paragraph 7#b77;,a71 is determined in accordance with section #e4 7#b7 ,eligible association ,an association described in this paragraph is-- 7,a7 an association that includes1 at a minimum1 as of the date on which the joint agreement described in paragraph 7#a7 is entered into-- 7i7 each institution that competes in the ,football ,bowl ,subdivision1 if the number of such institutions is more than #acf2 7ii7 the #acf highest earning institutions by athletics revenue1 if the number of institutions that compete in the ,football ,bowl ,subdivision is less than #acf2 or 7iii7 either each institution that competes in the ,football ,bowl ,subdivision or the #acf highest earning institutions by athletics revenue1 if the number of institutions that compete in the ,football ,bowl ,subdivision is #acf2 or 7,b7 an association that does not include any institution described in subparagraph 7,a74 4 7b7 ,technical and conforming amendments ,the ,sports ,broadcasting ,act of #aifa is amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #abib7-- 7,a7 by striking ,section #a and inserting ,section #a7;a72 and 7,b7 by striking in section #a and inserting in section #a7;a72 7#b7 in section #c 7#ae ,u4,s4,c4 #abic71 by striking section #a each place it appears and inserting section #a7;a72 and 7#c7 in section #d 7#ae ,u4,s4,c4 #abid71 by striking section #a and inserting section #a7;a74 #ijd4 ,committee on intercollegiate sports media rights ,the ,sports ,broadcasting ,act of #aifa is amended-- 7#a7 by redesignating sections #e and #f 7#ae ,u4,s4,c4 #abie1 #abia note7 as sections #h and #i1 respectively2 and 7#b7 by inserting after section #d 7#ae ,u4,s4,c4 #abid7 the following3 #e4 ,committee on intercollegiate sports media rights 7a7 ,definitions 7#a7 ,terms defined in ,student ,athlete ,fairness and ,enforcement ,act ,in this section1 the terms athletic association1 conference1 student athlete and varsity intercollegiate sport have the meanings given those terms in section #b of the ,student ,athlete ,fairness and ,enforcement ,act4 7#b7 ,other terms ,in this section3 7,a7 ,collective media rights revenue ,the term collective media rights revenue means revenue derived from the sale or transfer of the collective media rights of all member institutions resulting from a joint agreement described in section #a7;b77#a74 7,b7 ,committee ,the term ,committee means the committee established under subsection 7b74 7,c7 ,member institution ,the term member institution means an institution that is a member of an association described in section #a7;b77#b77;,a7 that enters into a joint agreement described in section #a7;b77#a74 7b7 ,establishment ,there is established within the ,national ,collegiate ,athletic ,association a committee with authority over-- 7#a7 the marketing and negotiation of the sale or transfer of the collective media rights of all member institutions2 and 7#b7 the distribution of collective media rights revenue to member institutions4 7c7 ,membership 7#a7 ,selection ,the members of the ,committee shall be selected by the presidents of member institutions4 7#b7 ,number ,notwithstanding any other rule of the ,national ,collegiate ,athletic ,association for the establishment1 selection1 composition1 or membership of any body1 committee1 or board of the association1 or the weight of the vote of any member of such body1 committee1 or board1 the ,committee shall consist of #ad voting members having #a vote each4 7#c7 ,representation 7,a7 ,current or former student athletes 7i7 ,in general #b members of the ,committee shall be student athletes who-- 7,i7 are student athletes as of the date of their selection for the ,committee2 or 7,,ii7 were student athletes during the #e-year period preceding the date of their selection for the ,committee4 7ii7 ,athletes in sports other than football and basketball ,not less than #a individual selected for the ,committee under clause 7i7 shall be a current or former student athlete who plays or played a varsity intercollegiate sport other than football or basketball4 7,b7 ,no employees of conferences or athletic associations ,no individual who is a current or former employee of a conference or athletic association may be selected for the ,committee4 7,c7 ,limit on employees and representatives of certain institutions and conferences ,not more than #d members of the ,committee may be employees or representatives of-- 7i7 an institution that is among the #gj institutions with the highest athletics revenue during the #bjbd-bjbe academic year2 or 7ii7 the ,southeastern ,conference1 the ,big ,ten ,conference1 the ,big #ab ,conference1 or the ,atlantic ,coast ,conference1 or any successors thereto1 including employees or representatives of any institution that is a member of such a conference4 7,d7 ,,hbcu representative 7i7 ,in general ,not less than #a member of the ,committee shall be a representative of a historically ,black college or university4 7ii7 ,definition ,for purposes of clause 7i71 the term historically ,black college or university means a part ,b institution1 as defined in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7,e7 ,non-revenue sport representative ,not less than #a member of the ,committee1 other than a member selected under subparagraph 7,a77i71 shall be associated with a varsity intercollegiate sport other than football1 basketball1 or another revenue-generating sport4 7,f7 ,non-football institution ,not less than #a member of the ,committee shall be an employee or representative of an institution that does not sponsor a varsity intercollegiate football team4 7,g7 ,non-power conference representatives ,three members of the ,committee shall be representatives of conferences other than the ,southeastern ,conference1 the ,big ,ten ,conference1 the ,big #ab ,conference1 or the ,atlantic ,coast ,conference1 or any successors thereto4 7,h7 ,title ,,ix expert ,not less than #a member of the ,committee shall be an academic who-- 7i7 is a recognized expert on title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq472 and 7ii7 is not an employee of-- 7,i7 a conference2 or 7,,ii7 the athletic department of a member institution4 7,i7 ,consumer advocate ,not less than #a member of the ,committee shall be a consumer advocate with expertise in providing sports content to fans4 7d7 ,attorney or other representative ,the ,committee may retain or select an attorney1 agent1 person1 or entity to engage in marketing or negotiation on behalf of the ,committee4 7e7 ,distribution of media rights revenue to institutions 7#a7 ,method ,not less frequently than once each academic year1 the ,committee shall1 by vote of a majority of the members1 determine the method of distribution of collective media rights revenue among member institutions4 7#b7 ,requirements ,the method of distribution of collective media rights revenue determined under paragraph 7#a7 shall ensure that-- 7,a7 each member institution receives more collective media rights revenue during each academic year than the institution received during the #bjbd-bjbe academic year2 and 7,b7 each member institution is able to offer and maintain the same number of scholarships and roster spots for non-revenue-generating varsity intercollegiate sports programs and women's varsity intercollegiate sports programs during each academic year as the institution provided during the #bjbc-bjbd academic year4 7f7 ,institutional allocation of media rights revenue ,any member institution that receives collective media rights revenue shall offer and maintain at least as many scholarships and roster spots for non-revenue-generating varsity intercollegiate sports programs and women's varsity intercollegiate sports programs during each academic year as the institution provided during the #bjbc-bjbd academic year4 7g7 ,distribution requirement ,not later than #cj days after receiving a payment of collective media rights revenue from a media rights partner1 the ,national ,collegiate ,athletic ,association shall distribute the collective media rights revenue to member institutions in accordance with the method determined under subsection 7e77#a74 7h7 ,publication of distribution ,not later than #cj days after distributing collective media rights revenue to member institutions1 the ,national ,collegiate ,athletic ,association shall publicly post on its website the amount of revenue distributed to each member institution4 4 #ije4 ,market level broadcast access for college football and basketball ,the ,sports ,broadcasting ,act of #aifa is amended by inserting after section #e 7as added by section #ijd of this ,act7 the following3 #f4 ,market-level broadcast access for college football and basketball 7a7 ,requirement of local outlet option 7#a7 ,in general ,as a condition of the exemption under section #a7;b77#a71 a participating association shall make available1 on a non-exclusive basis1 for each college athletic competition in football or basketball1 not less than #a ,local ,outlet option in the local designated market area of each institution participating in the competition4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to require carriage of a college athletic competition by more than #a ,local ,outlet in a given designated market area4 7b7 ,good faith negotiation 7#a7 ,in general ,each participating association1 and any network1 distributor1 or licensee holding market-level rights or seeking ,local ,outlet option rights to college athletic competitions described in subsection 7a71 shall negotiate in good faith to fulfill the requirement of that subsection4 7#b7 ,enforcement ,the ,federal ,communications ,commission shall have jurisdiction over complaints alleging a violation of paragraph 7#a74 4 #ijf4 ,streaming rights utilization requirement for college sports other than football and basketball ,the ,sports ,broadcasting ,act of #aifa is amended by inserting after section #f 7as added by section #ije of this ,act7 the following3 #g4 ,streaming rights utilization requirement for college sports other than football and basketball 7a7 ,requirement of use ,a broadcast network1 streaming platform1 or other distributor to which any streaming or digital distribution rights to college athletic competitions in sports other than football or basketball are sold1 licensed1 or otherwise conveyed by a participating association or its member institutions shall affirmatively use those rights by making the competitions reasonably available to the public not later than #a year after the effective date of the agreement under which the rights are sold1 licensed1 or otherwise conveyed4 7b7 ,reversion of rights 7#a7 ,in general ,if a broadcast network1 streaming platform1 or other distributor to which streaming or digital distribution rights are sold1 licensed1 or otherwise conveyed as described in subsection 7a7 does not use1 or materially underutilizes1 the rights during the #a-year period beginning on the effective date of the agreement under which the rights are sold1 licensed1 or otherwise conveyed1 the rights shall automatically revert to the originating association or institution4 7#b7 ,reconveyance ,upon the reversion of rights under paragraph 7#a71 the originating association or institution may resell1 relicense1 or otherwise reconvey the rights to another entity without penalty or liability for breach of the original agreement described in that paragraph4 4 #ijg4 ,limitation on renegotiation or extension of existing media rights contracts 7a7 ,in general ,a contract for media rights between an athletic association1 conference1 or institution described in subsection 7b7 and a network1 distributor1 or licensee that is in effect on ,october #a1 #bjbe1 may not be renegotiated or extended before the expiration date in the contract1 without regard to any provision in the contract that authorizes an extension before the expiration date4 7b7 ,covered entities ,an athletic association1 conference1 or institution described in this subsection is-- 7#a7 an athletic association that is eligible to enter into a joint agreement described in subsection 7b77#a7 of section #a of the ,sports ,broadcasting ,act of #aifa 7#ae ,u4,s4,c4 #abia71 as added by section #ijb of this ,act1 regardless of whether the athletic association has entered into such a joint agreement2 or 7#b7 a conference or institution that is a member of an athletic association described in paragraph 7#a74 ,x ,enforcement and oversight #ajja4 ,commission enforcement and oversight 7a7 ,enforcement by the ,commission 7#a7 ,in general ,a violation of a provision or amendment contained in title ,i1 ,,ii1 ,,iv1 or ,v or section #cjb or #cjc of this ,act or a regulation promulgated thereunder 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 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall enforce titles ,i1 ,,ii1 ,,iv1 and ,v of this ,act and the amendments made by those titles 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 ,privileges1 and immunities ,except as provided in subparagraph 7,c71 any person who violates title ,i1 ,,ii1 ,,iv1 or ,v of this ,act or a regulation promulgated thereunder 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,c7 ,nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in subparagraphs 7,a7 and 7,b71 with respect to organizations not organized to carry on business for their own profit or that of their members4 7,d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,oversight of student athlete rights and protections ,the ,commission shall1 with respect to the implementation of titles ,i1 ,,ii1 ,,iv1 and ,v of this ,act1 report any potential violations of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 to the ,office for ,civil ,rights of the ,department of ,education4 #ajjb4 ,enforcement by ,states 7a7 ,civil action ,in any case in which the attorney general or a consumer protection officer of a ,state has reason to believe that an interest of the residents of that ,state has been or is adversely affected by a person engaging in an act or practice that violates a provision or amendment contained in title ,i1 ,,ii1 ,,iii1 ,,iv1 or ,v of this ,act1 the attorney general or a consumer protection officer of the ,state may bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states or in an appropriate ,state court to-- 7#a7 enjoin such act or practice2 7#b7 enforce compliance with any such provision or amendment2 7#c7 obtain damages1 civil penalties1 restitution1 or other compensation on behalf of the residents of the ,state2 or 7#d7 obtain such other relief as the court may consider appropriate4 7b7 ,rights of the ,commission 7#a7 ,notice to the ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the attorney general or a consumer protection officer of a ,state1 before initiating a civil action under subsection 7a7 shall notify the ,commission in writing that the attorney general or consumer protection officer intends to bring such civil action4 7,b7 ,contents ,the notification required by subparagraph 7,a7 shall include a copy of the complaint to be filed to initiate the civil action4 7,c7 ,exception ,if it is not feasible for the attorney general or a consumer protection officer of a ,state to provide the notification required by subparagraph 7,a7 before initiating a civil action under subsection 7a71 the attorney general or consumer protection officer shall notify the ,commission immediately upon instituting the civil action4 7#b7 ,intervention by the ,commission ,the ,commission may-- 7,a7 intervene in any civil action brought by the attorney general or a consumer protection officer of a ,state under subsection 7a72 and 7,b7 upon intervening-- 7i7 be heard on all matters arising in the civil action2 and 7ii7 file petitions for appeal4 7c7 ,preservation of ,state powers ,no provision of this section shall be construed as altering1 limiting1 or affecting the authority of an attorney general or a consumer protection officer of a ,state to-- 7#a7 bring an action or other regulatory proceeding arising under the law in effect in that ,state2 or 7#b7 exercise the powers conferred on the attorney general or consumer protection officer by the laws of the ,state1 including the ability to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documents or other evidence4 7d7 ,venue2 service of process 7#a7 ,venue ,any action brought under subsection 7a7 may be brought in the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code1 or an appropriate ,state court4 7#b7 ,service of process ,in an action brought under subsection 7a71 process may be served in any district in which the defendant-- 7,a7 is an inhabitant2 or 7,b7 may be found4 7e7 ,savings provision ,nothing in this section may be construed to prohibit an attorney general or a consumer protection officer of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 #ajjc4 ,private right of action 7a7 ,violations ,any person alleging a violation of a provision or amendment contained in section #aja or #ajc may bring a civil action in an appropriate district court of the ,united ,states or in an appropriate ,state court4 7b7 ,relief ,in a civil action brought under subsection 7a77#a7 in which the plaintiff prevails1 the court may award-- 7#a7 actual damages2 7#b7 reasonable attorney's fees and litigation costs2 and 7#c7 any other relief1 including equitable or declaratory relief1 that the court determines appropriate4 7c7 ,invalidity of pre-,dispute arbitration agreements and pre-,dispute joint action waivers 7#a7 ,in general ,notwithstanding any other provision of law1 no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this ,act or an amendment made by this ,act4 7#b7 ,applicability ,any determination as to whether or how paragraph 7#a7 applies to any dispute shall be made by a court1 rather than an arbitrator1 without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator4 7#c7 ,definitions ,in this subsection3 7,a7 ,pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement4 7,b7 ,pre-dispute joint-action waiver ,the term pre-dispute joint-action waiver means an agreement1 whether or not part of a pre-dispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 #ajjd4 ,whistleblower protections 7a7 ,in general ,an institution1 conference1 or athletic association1 or any agent thereof1 shall not1 directly or indirectly1 discharge1 demote1 suspend1 diminish or withdraw benefits from1 threaten1 harass1 or in any other manner discriminate against or adversely impact a covered individual because-- 7#a7 the covered individual1 or anyone perceived as assisting the covered individual1 takes 7or the institution suspects that the covered individual has taken or will take7 a lawful action in providing to an agency of the ,federal ,government1 the attorney general of a ,state1 a law enforcement agency1 or health care provider information relating to any act or omission that the covered individual reasonably believes to be a violation of this ,act1 any amendment made by this ,act1 or any regulation prescribed to carry out this ,act or any amendment made by this ,act2 7#b7 the covered individual provides information that the covered individual reasonably believes evidences such a violation to-- 7,a7 a person with supervisory authority over the covered individual at the institution2 or 7,b7 another individual working for the institution1 a conference1 or an athletic association who the covered individual reasonably believes has the authority to investigate1 discover1 or terminate the violation or to take any other action to address the violation2 7#c7 the covered individual testifies 7or the institution expects that the covered individual will testify7 in an investigation or judicial or administrative proceeding concerning such a violation2 or 7#d7 the covered individual assists or participates 7or the institution expects that the covered individual will assist or participate7 in such an investigation or judicial or administrative proceeding1 or the covered individual takes any other action to assist in carrying out the purposes of this ,act or the amendments made by this ,act4 7b7 ,enforcement ,an individual who alleges any adverse action in violation of subsection 7a7 may bring an action for a jury trial in the appropriate district court of the ,united ,states for the following relief3 7#a7 ,temporary relief while the case is pending4 7#b7 ,reinstatement with the same seniority status that the individual would have had1 but for the adverse action4 7#c7 ,three times the amount of back pay otherwise owed to the individual1 with interest4 7#d7 ,consequential and compensatory damages1 and compensation for litigation costs1 expert witness fees1 and reasonable attorneys' fees4 7c7 ,waiver of rights and remedies ,the rights and remedies provided for in this section shall not be waived by any policy form1 condition of employment1 or athletic agreement or participation1 including any pre-dispute arbitration agreement4 7d7 ,pre-,dispute arbitration agreements ,no pre-dispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section4 7e7 ,covered individual defined ,in this section1 the term covered individual means a current or former student athlete1 or a current or former employee1 contractor1 subcontractor1 service provider1 or agent of an institution1 conference1 or athletic association4 ,,xi ,general provisions #aaja4 ,authorization of appropriations ,there is authorized to be appropriated such sums as are necessary to carry out this ,act and the amendments made by this ,act4 #aajb4 ,relationship to existing law 7a7 ,relationship to ,state laws 7#a7 ,preemption ,no ,state or political subdivision of a ,state may establish or continue in effect any law or regulation that governs or regulates1 or invalidates policies or rules of1 an institution1 athletic department1 conference1 or athletic association that-- 7,a7 relates to-- 7i7 the rights of a student athlete to receive compensation for the use of their name1 image1 or likeness2 7ii7 the rights of a student athlete to receive additional reasonable benefits from third parties2 7iii7 transfers of student athletes between institutions2 or 7iv7 caps on fees charged by athlete agents2 or 7,b7 is in conflict with this ,act or the amendments made by this ,act4 7#b7 ,preservation of ,state laws regarding restricted industries ,nothing in this ,act or the amendments made by this ,act1 or any standard1 rule1 requirement1 assessment1 law1 or regulation prescribed under this ,act or the amendments made by this ,act1 shall be construed to preempt1 displace1 or supplant any provision of ,state law concerning restrictions on student athletes entering into endorsement contracts for alcohol1 tobacco1 vaping1 marijuana1 gambling1 or similar products4 7#c7 ,preservation of ,state ,uniform ,athlete ,agent ,acts ,nothing in this ,act or the amendments made by this ,act1 or any standard1 rule1 requirement1 assessment1 law1 or regulation prescribed under this ,act or the amendments made by this ,act1 shall be construed to preempt1 displace1 or supplant any ,uniform ,athlete ,agent ,act of a ,state4 7#d7 ,preservation of common law or statutory causes of action for civil relief ,nothing in this ,act or the amendments made by this ,act1 or any standard1 rule1 requirement1 assessment1 law1 or regulation prescribed under this ,act or the amendments made by this ,act1 shall be construed to preempt1 displace1 or supplant any ,federal or ,state common law rights or remedies1 or any statute creating a remedy for civil relief4 7#e7 ,preservation of certain ,state laws ,nothing in this ,act or the amendments made by this ,act1 or any standard1 rule1 requirement1 assessment1 law1 or regulation prescribed under this ,act or the amendments made by this ,act1 shall be construed to preempt1 displace1 or supplant any generally applicable ,state law or regulation relating to consumer protection1 antitrust1 trademarks1 or copyright4 7b7 ,relationship to ,federal trademark and copyright law ,nothing in this ,act or the amendments made by this ,act may be construed to override1 modify1 or amend the applicability of ,federal trademark or copyright law4 7c7 ,rule of construction ,an institution that is exempt from taxation under section #aae of the ,internal ,revenue ,code of #aihf shall not be considered a political subdivision of a ,state for purposes of this section4 #aajc4 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of this ,act and the amendments made by this ,act and the application of such provision or amendment to other persons not similarly situated or to other circumstances shall not be affected by the invalidation4