,,ii #aaith ,,congress #b;d ,session ,s4 #dffh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #b1 #bjbf ,mr4 ,cruz 7for himself1 ,ms4 ,cantwell1 ,mr4 ,schmitt1 and ,mr4 ,coons7 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 athletes and to promote fair competition among intercollegiate athletics1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protect ,college ,sports ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,protections of student athletes and fair competition ,sec4 #ajj4 ,definitions4 ,sec4 #aja4 ,name1 image1 and likeness protections4 ,sec4 #ajb4 ,modifications to ,sports ,agent ,responsibility and ,trust ,act4 ,sec4 #ajc4 ,agent registry requirements for intercollegiate athletic associations4 ,sec4 #ajd4 ,disclosures and establishment of name1 image1 and likeness agreement database4 ,sec4 #aje4 ,academic protections4 ,sec4 #ajf4 ,medical coverage requirements4 ,sec4 #ajg4 ,health1 wellness1 and safety standards4 ,sec4 #ajh4 ,office of the ,student ,athlete ,ombudsman4 ,sec4 #aji4 ,comparable standards for access to facilities1 services1 and events4 ,sec4 #aaj4 ,rules governing certain mid-season coaching transitions4 ,sec4 #aaa4 ,student athlete representation on intercollegiate athletic association governing boards4 ,sec4 #aab4 ,transfer protections4 ,sec4 #aac4 ,eligibility to participate in intercollegiate sports4 ,sec4 #aad4 ,prohibited compensation and agreements4 ,sec4 #aae4 ,extension of the revenue share cap4 ,sec4 #aaf4 ,commission on the ,future of ,college ,athletics4 ,sec4 #aag4 ,recruitment and tampering4 ,sec4 #aah4 ,limitation on liability4 ,sec4 #aai4 ,private right of action4 ,sec4 #abj4 ,whistleblower protection4 ,sec4 #aba4 ,relationship to existing law4 ,sec4 #abb4 ,neutrality on employee or non-employee status4 ,sec4 #abc4 ,applicability4 ,sec4 #abd4 ,severability4 ,,title ,,ii--,sports broadcasting ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,limitation on liability for transmission of collegiate sports competitions4 ,sec4 #bjc4 ,requirements for entities selling media rights4 ,sec4 #bjd4 ,market level broadcast access for college football and basketball4 ,sec4 #bje4 ,prohibition on certain conference mergers or acquisition4 ,sec4 #bjf4 ,amendments to intercollegiate and interscholastic football contest limitations4 ,sec4 #bjg4 ,media rights utilization requirement for college sports other than football and basketball4 ,i ,protections of student athletes and fair competition #ajj4 ,definitions ,in this title3 7#a7 ,antitrust laws ,the term antitrust laws has the meaning given that term in the #ast section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7 and includes-- 7,a7 section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that such section #e applies to unfair methods of competition2 and 7,b7 any similar ,state antitrust law1 including a ,state law provision that applies to covering unfair methods of competition having the force and effect of law4 7#b7 ,associated entity ,the term associated entity means any individual or entity1 including a collective1 that is-- 7,a7 known1 or should have been known1 to exist for or act for the benefit of1 in coordination with1 or at the direction of an institution to promote or support an institution's athletics program or student athletes1 including by creating or identifying name1 image1 and likeness compensation opportunities for an institution's student athletes2 7,b7 an individual or entity that is or was a member1 employee1 director1 officer1 owner1 or agent of an individual or entity described in subparagraph 7,a72 7,c7 an individual or entity that directly or indirectly 7including contributions by an affiliated entity1 individual1 or family member7 has contributed more than #ej1jjj over their lifetime to a particular institution or to an individual or entity described in subparagraph 7,a72 7,d7 an individual or entity that has directly or indirectly been directed or requested by an institution or third party acting on behalf of1 for the benefit of1 in coordination with1 or at the direction of an institution to assist in the recruitment or retention of student athletes or prospective student athletes1 or otherwise has assisted in the recruitment or retention of student athletes or prospective student athletes2 or 7,e7 an individual or entity owned1 controlled1 or operated by1 or otherwise affiliated with the individuals or entities described in subparagraph 7,a74 7#c7 ,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#d7 ,collective ,the term collective-- 7,a7 means a person1 corporation1 booster organization1 tax-exempt organization1 or other entity that provides donations or other support directly or indirectly to or for the benefit or support of-- 7i7 a student athlete who is enrolled1 or who may enroll1 at an institution2 or 7ii7 the intercollegiate athletics program or any booster organization of an institution2 and 7,b7 does not include-- 7i7 an immediate family member of a student athlete2 or 7ii7 an individual or entity that-- 7,i7 licenses trademark rights of an institution2 and 7,,ii7 does not-- 7aa7 license name1 image1 and likeness rights of student athletes2 or 7bb7 make payments earmarked or designated to fund name1 image1 or likeness licenses or other payments to student athletes4 7#e7 ,compensation ,the term compensation-- 7,a7 means any payment1 remuneration1 or benefit provided to a student athlete or a prospective student athlete2 and 7,b7 does not include-- 7i7 grants-in-aid2 7ii7 ,federal ,pell ,grants provided under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 or any other ,federal or ,state grants unrelated to and not awarded with regard to participation in intercollegiate sports2 7iii7 health insurance and the costs of health care funded by an institution1 intercollegiate athletic association1 or conference2 7iv7 disability and loss-of-value insurance1 including disability and loss-of-value insurance funded by an institution1 intercollegiate athletic association1 or conference2 7v7 career counseling1 job placement services1 or other guidance available to all students at an institution2 7vi7 hourly wages and benefits for work performed outside of participating in intercollegiate sports at a rate commensurate with the prevailing rate in the relevant ,state or locality for similar work2 7vii7 enhanced education benefits1 including academic awards2 7viii7 financial literacy or tax education resources2 or 7ix7 any program to connect student athletes with employers and facilitate employment opportunities1 if-- 7,i7 the financial terms of such employment opportunities are consistent with the terms offered to similarly situated employees who are not student athletes2 and 7,,ii7 such program is not used to induce a student athlete to attend a particular institution4 7#f7 ,conference ,the term conference means any organization that is not an intercollegiate athletic association and that-- 7,a7 has #b or more institutions as members2 and 7,b7 arranges championships for intercollegiate athletic competitions or sets rules for intercollegiate athletic competition4 7#g7 ,cost of attendance ,the term cost of attendance-- 7,a7 has the meaning given that 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 applying the same standards1 policies1 and procedures for all students4 7#h7 ,grant-in-aid ,the term grant-in-aid means-- 7,a7 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 to a student for the undergraduate or graduate education of the student2 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 compensation paid to a student athlete4 7#i7 ,image ,with respect to a student athlete1 the term image means a picture1 video1 computer-generated representation1 or other depiction that identifies1 is linked to1 or is reasonably linked to the student athlete4 7#aj7 ,institution ,except as otherwise explicitly provided1 the term institution has the meaning given the term institution of higher education under section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#aa7 ,intercollegiate athletic association ,the term intercollegiate athletic association-- 7,a7 means any organization1 not-for-profit corporation1 association1 or any other group organized in the ,united ,states that-- 7i7 sponsors or arranges intercollegiate athletic competition between institutions2 7ii7 sets common rules1 standards1 procedures1 or guidelines for the administration of intercollegiate athletic competition2 7iii7 is composed of #b or more institutions or conferences that are located in different ,states or participate in intercollegiate athletic competition in more than #a ,state2 and 7iv7 is not a conference2 7,b7 includes-- 7i7 the ,national ,collegiate ,athletic ,association2 and 7ii7 any other national intercollegiate athletic association2 and 7,c7 does not include a corporation1 association1 or other group affiliated with professional athletic competition4 7#ab7 ,intercollegiate athletic competition ,the term intercollegiate athletic competition means any intercollegiate sport contest1 game1 meet1 match1 tournament1 regatta1 or other intercollegiate sport event in which student athletes or varsity sports teams compete4 7#ac7 ,intercollegiate sport ,the term intercollegiate sport-- 7,a7 means a sport played between institutions for which eligibility requirements for participation by a student athlete are established by an interstate intercollegiate athletic association2 and 7,b7 does not include a recreational1 intramural1 or club sport4 7#ad7 ,likeness ,with respect to a student athlete1 the term likeness means a physical or digital depiction or representation that identifies1 is linked to1 or is reasonably linked to the student athlete1 including-- 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#ae7 ,name ,with respect to a student athlete1 the term name means the first or last name that identifies the student athlete1 a nickname or assumed name of the student athlete1 or a username associated with the student athlete on any public-facing internet platform when used in a context that identifies1 is linked to1 or is reasonably linked to the student athlete4 7#af7 ,name1 image1 and likeness agreement ,the term name1 image1 and likeness agreement means a contract or similar agreement between a student athlete 7or group of student athletes7 and a conference1 institution1 intercollegiate athletic association1 associated entity1 collective1 or third party regarding the commercial use of the name1 image1 and likeness rights of the student athlete 7or group of student athletes74 7#ag7 ,name1 image1 and likeness rights ,the term name1 image1 and likeness rights means the ability of a student athlete to market and profit from the commercial use of his or her name1 image1 or likeness4 7#ah7 ,prospective student athlete ,the term prospective student athlete means an individual who is recruited1 actively being recruited1 or has been contacted for the purposes of recruitment to attend an institution as a student athlete1 but has not yet enrolled at the institution4 7#ai7 ,revenue share cap ,the term revenue share cap means the ,benefits ,pool ,limit set forth in the ,injunctive ,relief ,settlement ,agreement approved by the court in ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe71 or as modified pursuant to the amendment provision specified in paragraph #ee of that settlement4 7#bj7 ,student athlete ,the term student athlete means an individual who is enrolled as a full-time student at an institution and who-- 7,a7 makes satisfactory progress towards completing a degree2 and 7,b7 participates in intercollegiate athletic competition or competes for a varsity sports team as part of the institution's educational1 developmental1 or extracurricular programs4 7#ba7 ,third party ,the term third party means an individual or entity that is not an institution1 associated entity1 collective1 conference1 or intercollegiate athletic association4 7#bb7 ,valid business purpose ,the term valid business purpose means a purpose genuinely related to the promotion of goods or services provided to the general public for profit4 7#bc7 ,varsity sports team ,the term varsity sports team means a sports team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competition4 #aja4 ,name1 image1 and likeness protections 7a7 ,student athlete name1 image1 and likeness compensation 7#a7 ,in general ,except as provided in this title1 an institution1 conference1 intercollegiate athletic association1 or any representative of such an entity may not-- 7,a7 restrict the ability of a student athlete1 group of student athletes1 or prospective student athlete-- 7i7 to market or earn compensation for the value of their name1 image1 or likeness rights2 or 7ii7 to enter into a name1 image1 and likeness agreement2 7,b7 restrict the eligibility for intercollegiate athletic competition for a student athlete or prospective student athlete on the basis of the student athlete or prospective student athlete entering into a name1 image1 and likeness agreement or marketing or earning compensation for the value of their name1 image1 or likeness2 7,c7 unless otherwise required by law1 limit the eligibility or opportunity of a student athlete or prospective student athlete to apply for or receive a grant-in-aid1 including the amount1 duration1 or renewal of such grant-in-aid1 on the basis of the student athlete or prospective student athlete entering into a name1 image1 and likeness agreement1 or marketing or earning compensation for the value of their name1 image1 or likeness2 or 7,d7 unless otherwise required by law1 revoke1 reduce1 or decline to renew a grant-in-aid for a student athlete or prospective student athlete based on the student athlete or prospective student athlete entering into a name1 image1 and likeness agreement or marketing or earning compensation for the value of their name1 image1 or likeness4 7#b7 ,consent and compensation for group use ,an institution1 conference1 intercollegiate athletic association1 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 conference1 athletic association1 collective1 or third party1 as the case may be1 obtains an agreement from each member of the group for that purpose4 7#c7 ,exceptions 7,a7 ,certain agreements ,an institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete who enters into a name1 image1 and likeness agreement that violates the code of student conduct of the institution that applies to all students enrolled at the institution4 7,b7 ,certain uses ,an institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete if1 in connection with a name1 image1 and likeness agreement1 the student athlete or prospective student athlete uses a facility1 uniform1 equipment1 registered or unregistered trademark1 copyright-protected product1 or the official logo1 mark1 or other indicia of the institution without the express consent of the institution4 7b7 ,mandatory disclosures by student athletes 7#a7 ,in general ,all student athletes shall report to their institution-- 7,a7 not later than #cj days after entering into a name1 image1 and likeness agreement1 the terms of any such agreement that exceeds #fjj in value1 including multiple payments1 remunerations1 or benefits from the same entity that exceeds a total of #fjj over a #ab-month period2 and 7,b7 to the extent not reported under subparagraph 7,a71 not later than #cj days after receiving compensation for the name1 image1 or likeness of the student athlete1 the amount and source of any such compensation that exceeds #fjj1 including multiple payments1 remunerations1 or benefits from the same entity that exceeds a total of #fjj over a #ab-month period4 7#b7 ,mandatory disclosures by recruited athletes ,with respect to a student athlete or prospective student athlete who is recruited to attend1 but is not yet enrolled in1 an institution1 the student athlete or prospective student athlete shall report to the institution-- 7,a7 the terms of any current or ongoing name1 image1 and likeness agreement that exceeds #fjj in value1 including multiple payments1 remunerations1 or benefits from the same entity that exceeds a total of #fjj over a #ab-month period2 and 7,b7 to the extent not reported under subparagraph 7,a71 the amount and source of any current or ongoing name1 image1 and likeness compensation that exceeds #fjj1 including multiple payments1 remunerations1 or benefits from the same person that exceeds a total of #fjj over a #ab-month period4 7#c7 ,exception 7,a7 ,in general ,paragraphs 7#a7 and 7#b7 shall not apply to either marketing or earning compensation for the value of the name1 image1 and likeness rights of a student athlete or to the compensation within a name1 image1 and likeness agreement in which a student athlete receives less than #fjj1 including multiple payments1 remunerations1 or benefits from the same person that totals less than #fjj over a #ab-month period4 7,b7 ,adjustment for inflation ,an intercollegiate athletic association shall adjust the amount described in clause 7i7 for inflation by the percent increase1 if any1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor for the most recent #ab-month period for which applicable data is available4 7#d7 ,release of information ,except as provided in section #ajd1 an institution may not release any information provided by a student athlete or prospective student athlete in a disclosure under paragraph 7#a7 or 7#b7 without the express written consent of the student athlete1 prospective student athlete1 athlete agent of the student athlete or prospective student athlete1 or1 in case of a minor1 the parent or legal guardian of the minor4 7#e7 ,limitation ,this subsection shall apply only to ,division ,i institutions as defined by bylaw #bj4i of the ,national ,collegiate ,athletic ,association1 or a successor bylaw1 and student athletes or prospective student athletes of such institutions4 7c7 ,name1 image1 or likeness compensation by institutions ,subject to the requirements of this title1 an institution1 intercollegiate athletic association1 conference1 collective1 associated entity1 or third party1 may pay1 provide1 or facilitate compensation to a student athlete for the use of the name1 image1 or likeness of the student athlete4 7d7 ,right to representation ,an institution1 intercollegiate athletic association1 or conference may not restrict the eligibility for intercollegiate athletic competition1 or any other event or activity relating to intercollegiate athletic competition1 of a prospective student athlete or student athlete based on the prospective student athlete or student athlete having obtained an athlete agent or legal representative4 7e7 ,educational resources regarding this title ,an intercollegiate athletic association shall provide student athletes and prospective student athletes and the parents or guardians of student athletes or prospective student athletes with educational materials relating to this title4 #ajb4 ,modifications to ,sports ,agent ,responsibility and ,trust ,act 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#ae ,u4,s4,c4 #ghja7-- 7,a7 in paragraph 7#e71 by inserting before the period the following3 and includes any name1 image1 and likeness agreement as defined in section #ajj of the ,protect ,college ,sports ,act of #bjbf2 7,b7 by redesignating paragraphs 7#f7 through 7#i7 as paragraphs 7#g7 through 7#aj71 respectively2 and 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 ,intercollegiate athletic association ,the term intercollegiate athletic association has the meaning given that term in section #ajj of ,protect ,college ,sports ,act of #bjbf 2 7#b7 in section #c 7#ae ,u4,s4,c4 #ghjb7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking or at the end2 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 enter into an agency contract or represent a student athlete in a manner that violates section #i2 7#e7 charge a student athlete a fee in connection with an endorsement contract that exceeds #e percent of the value of the endorsement contract2 7#f7 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#g7 make any materially false1 deceptive1 or fraudulent representation as an athlete agent1 including any materially false1 deceptive1 or fraudulent statement to a student athlete or prospective student athlete that misrepresents the existence1 nature1 or value of a name1 image1 or likeness opportunity the athlete agent can arrange on behalf of the student athlete or prospective student athlete through recruitment or transfer to an institution 7as defined in section #ajj of the ,protect ,college ,sports ,act of #bjbf72 or 7#h7 make a materially false1 deceptive1 or fraudulent statement 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 #e 7#ae ,u4,s4,c4 #ghjd7 the following3 #e;,a4 ,private right of action 7a7 ,in general ,any current or former student athlete alleging a violation of paragraphs 7#d7 through 7#h7 of section #c7;a71 section #i1 or section #aj 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 a declaratory judgment that a name1 image1 or likeness agreement 7as defined in section #ajj of the ,protect ,college ,sports ,act of #bjbf7 or an agency contract1 as applicable1 is null and void2 and 7#b7 actual damages4 7c7 ,attorney's fees and costs ,in a civil action brought under subsection 7a7 in which the defendant is not an institution 7as defined in section #ajj of the ,protect ,college ,sports ,act of #bjbf71 the court may1 in its discretion1 award reasonable attorney's fees and litigation costs to the prevailing party4 7d7 ,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 2 and 7#d7 by adding at the end the following3 #i4 ,registration of athlete agents and other requirements 7a7 ,in general ,an athlete agent who seeks to represent a student athlete in an endorsement contract shall-- 7#a7 register with a ,state before representing a student athlete for an endorsement contract2 and 7#b7 enter into an agency contract with the student athlete before providing representation in an endorsement contract4 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 ,certification to intercollegiate athletic associations 7#a7 ,requirement ,an athlete agent that represents a student athlete shall certify to each applicable intercollegiate athletic association that the athlete agent is registered with a ,state4 7#b7 ,prohibition ,it is unlawful for an individual to certify to an intercollegiate athletic association that the individual is an athlete agent if the individual is not registered with a ,state4 7d7 ,requirements for agency contracts ,to be a valid contract1 an agency contract shall-- 7#a7 state the name of each party to the contract2 7#b7 state the term of the contract2 7#c7 state the registration information for the athlete agent2 and 7#d7 state the fee or commission charged by the athlete agent4 #aj4 ,endorsement contract requirements 7a7 ,requirements for endorsement contracts ,an endorsement contract made in interstate or foreign commerce is1 at the option of the student athlete1 void from the inception of such contract if such contract does not satisfy the following requirements3 7#a7 ,the contract is in writing4 7#b7 ,the contract plainly states that the student athlete has the right to obtain or retain an athlete agent or legal representation with respect to the contract4 7#c7 ,the contract contains-- 7,a7 a description of services rendered2 7,b7 the names of each party to the contract2 7,c7 the terms of the contract2 7,d7 the amount of compensation to be provided to the student athlete under the contract2 7,e7 a provision specifying the circumstance or event that would result in the termination of the contract due to nonperformance of obligations by the student athlete or other parties to the contract2 and 7,f7 a provision specifying that the validity and effectiveness of the contract1 and the provision of compensation to the student athlete under the contract1 is not conditioned upon any express or implicit requirement that the student athlete enroll or remain enrolled at an institution or reside in a particular location within the ,united ,states1 unless the party making the contract with the student athlete is an institution1 conference1 associated entity1 or collective affiliated with the institution and the contract is entered into after the student athlete has enrolled at such institution4 7#d7 ,the contract is not for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sports1 if such contract is between a student athlete and an institution1 intercollegiate athletic association1 conference1 associated entity1 or collective4 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 #e the following3 ,sec4 #e;,a4 ,private right of action4 2 and 7#b7 by adding at the end the following3 ,sec4 #i4 ,registration of athlete agents and other requirements4 ,sec4 #aj4 ,endorsement contract requirements4 4 #ajc4 ,agent registry requirements for intercollegiate athletic associations 7a7 ,requirements of intercollegiate athletic associations ,an intercollegiate athletic association shall maintain a publicly available website that includes a searchable database of athlete agents that-- 7#a7 are registered with a ,state and certified pursuant to section #i of the ,sports ,agent ,responsibility and ,trust ,act1 as added by section #ajb2 and 7#b7 have certified compliance with all rules and bylaws of such intercollegiate athletic association1 including any recruitment and tampering rules adopted under section #aag4 7b7 ,decertification permitted 7#a7 ,in general ,an intercollegiate athletic association may decertify or fine an athlete agent for any violations of section #i of the ,sports ,agent ,responsibility and ,trust ,act1 as added by section #ajb1 or any violation of section #aag on recruitment and tampering4 7#b7 ,effect of decertification ,an athlete agent that is decertified pursuant to paragraph 7#a7 may not represent or contact a student athlete or prospective student athlete of an institution that is a member of such intercollegiate athletic association4 #ajd4 ,disclosures and establishment of name1 image1 and likeness agreement database 7a7 ,disclosures by institutions 7#a7 ,disclosure of data on name1 image1 and likeness agreements ,not later than ,july #a of the first year beginning after the date of the enactment of this ,act1 and each ,july #a thereafter1 each institution shall disclose to the intercollegiate athletic association of which the institution is a member1 in an anonymized manner1 the following data3 7,a7 ,with respect to each name1 image1 and likeness agreement disclosed to the institution by a student athlete as required by section #aja7;b7-- 7i7 a description of services rendered2 and 7ii7 the amount of compensation to be provided to the student athlete or group of athletes under the agreement4 7,b7 ,with respect to each name1 image1 and likeness agreement entered into between the institution and a student athlete1 disaggregated by intercollegiate sports program-- 7i7 the number of agreements the institution entered into2 7ii7 the average value of the agreements2 and 7iii7 the total value of the agreements4 7#b7 ,report on revenue and student outcomes ,not later than #fj days after the date on which an academic year ends1 each institution with #a or more intercollegiate sports programs shall submit to the governing athletic association for such institution a report that includes1 for the academic year1 the following3 7,a7 ,the amount of revenues and expenditures of each such sports program1 including the amount of associated entity and third-party donations1 ,federal funds1 and ,state funds1 including the total amount of remuneration for personnel of each intercollegiate sports program1 individually by program and in the aggregate4 7,b7 ,the average number of hours student athletes spent on intercollegiate athletic events and intercollegiate athletic competition1 disaggregated by sports program4 7,c7 ,the academic outcomes and majors for student athletes1 disaggregated by sports program4 7#c7 ,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 disclosure and reporting obligations under this subsection4 7#d7 ,protection of personally identifiable information ,in making a disclosure under paragraph 7#a71 an institution shall ensure that no personally identifiable information of a student athlete is transmitted to an intercollegiate athletic association4 7b7 ,disclosures by associations and database 7#a7 ,in general ,not later than ,september of the first year beginning after the date of the enactment of this ,act1 each intercollegiate athletic association shall establish and maintain a publicly accessible1 searchable database for student athletes and their agents to estimate the fair market value for name1 image1 and likeness agreements4 7#b7 ,content of database ,an intercollegiate athletic association shall include the data reported by institutions pursuant to subsection 7a77#a7 in the database described in paragraph 7#a74 7#c7 ,update of database ,an intercollegiate athletic association shall update the database described in paragraph 7#a7 each ,september #a4 7#d7 ,privacy ,an intercollegiate athletic association shall take reasonable technical measures to ensure that information available in the database described in paragraph 7#a7 may not be used to identify a student athlete4 7#e7 ,limitation ,this section applies only to institutions that compete in ,division #a as defined by bylaw #bj4i of the ,national ,collegiate ,athletic ,association1 or a successor bylaw4 #aje4 ,academic protections 7a7 ,prohibitions relating to coursework and extracurricular activities 7#a7 ,in general ,an employee or volunteer of an athletic department of an institution may not-- 7,a7 exert undue pressure over or prevent a student athlete from selecting a course or an academic major of the student athlete's choice2 7,b7 retaliate against a student athlete based on the student athlete's selection of any course or academic major2 or 7,c7 prevent a student athlete who seeks to secure employment or internships1 participate in student groups or events1 or serve as a volunteer from doing so1 unless such activity interferes with mandatory class time or mandatory events related to intercollegiate athletic competition or membership on a varsity sports team4 7#b7 ,participation in athletic related activities ,in order to ensure each student athlete makes satisfactory progress toward the completion of a degree1 each intercollegiate athletic association and any institution that is a member of such association may limit a student athlete to only participate in countable athletic-related activities as part of the educational1 developmental1 or extracurricular programs of the institution4 7#c7 ,rule of construction ,paragraph 7#a7 may not be construed as preventing an institution1 an athletic department of an institution1 or a 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 the student athlete pursue the academic interests of and improve academic outcomes for the student athlete4 7b7 ,financial literacy and life skills ,an institution that offers financial literacy and life skills programming directed to student athletes may not include any marketing1 advertising1 referral1 or solicitation offers in such programming4 7c7 ,scholarship protections 7#a7 ,in general ,except as provided in paragraph 7#b71 an institution that awards a grant-in-aid to a student athlete may not revoke1 reduce1 or condition the grant-in-aid of the student athlete-- 7,a7 based on the athletic ability or performance of the student athlete or the contribution of the student athlete to the success of a varsity sports team2 7,b7 as a result of an injury or illness based on a physical or mental medical condition of the student athlete2 or 7,c7 roster management decisions4 7#b7 ,exception 7,a7 ,in general ,an institution may revoke1 reduce1 or condition the grant-in-aid of a student athlete or former student athlete who-- 7i7 transfers to another institution2 or 7ii7 does not remain in good standing in accordance with-- 7,i7 the standards or code of conduct of the institution applicable to all students2 7,,ii7 the established athletics program policies for participating in mandatory team athletic activities for a varsity sports team2 or 7,,iii7 the academic standards for athletic eligibility4 7,b7 ,notice ,an institution shall provide a student athlete with timely written notice with respect to any possible revocation or reduction of1 or condition on1 the grant-in-aid or athletic eligibility of the student athlete4 7,c7 ,reinstatement ,in the case of a revocation or reduction of1 or condition on1 the grant-in-aid of a student athlete under this paragraph1 an institution may reinstate or remove any condition placed on such grant-in-aid if the student athlete subsequently cures or satisfies the reasons provided by the notice in subparagraph 7,b74 7,d7 ,former student athletes 7i7 ,in general ,with respect to a former student athlete described in clause 7ii71 an institution shall provide the former student athlete-- 7,i7 the opportunity to resume study at the institution for the purpose of completing the requirements necessary to earn a degree2 and 7,,ii7 the amount of grant-in-aid the former student athlete received while previously enrolled at the institution and participating-- 7aa7 in intercollegiate athletic competition2 or 7bb7 as a member of a varsity sports team4 7ii7 ,former student athlete described ,a former student athlete described in this subparagraph is a former student athlete of an institution who-- 7,i7 was enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition during the preceding #aj-year period2 7,,ii7 received grant-in-aid while enrolled at the institution2 7,,iii7 was not subject to the revocation of grant-in-aid under subparagraph 7,a77ii77,i72 and 7,,iv7 has not completed the course of study for an undergraduate degree4 7iii7 ,application ,this subparagraph applies only to institutions that compete in ,division ,i1 as defined by bylaw #bj4i of the ,national ,collegiate ,athletic ,association1 or successor bylaw4 7,e7 ,rule of construction ,nothing in this paragraph may be construed to preclude-- 7i7 an institution from providing additional grant-in-aid protections for student athletes or former student athletes2 or 7ii7 an intercollegiate athletic association1 conference1 institution1 student athlete1 or former student athlete from requesting or advocating for additional grant-in-aid protections4 7#c7 ,limitation ,subsection 7c77#b77;,d7 shall apply only to institutions that compete in ,division ,i as defined by bylaw #bj4i of the ,national ,collegiate ,athletic ,association1 or a successor bylaw4 #ajf4 ,medical coverage requirements 7a7 ,in general ,each ,division ,i institution1 as defined by bylaw #bj4i of the ,national ,collegiate ,athletic ,association1 or a successor bylaw1 or an intercollegiate athletic association or conference comprised of ,division ,i member institutions shall provide or cause to be provided-- 7#a7 during the participation of a student athlete in an intercollegiate sport-- 7,a7 all out-of-pocket medical expenses1 such as copayments or deductibles1 for the health care coverage of a student athlete for any injury or disease incurred through participation in an intercollegiate sport2 7,b7 the expense for obtaining a medical second opinion independent of the institution for any injury or disease the student athlete incurred through participation in an intercollegiate sport2 7,c7 catastrophic injury medical insurance for any injury or disease incurred through participation in an intercollegiate sport that exceeds #ij1jjj in medical costs2 and 7,d7 an end-of-college physical examination for a student athlete for the purpose of documenting and diagnosing any injury or condition related to the student athlete's participation in an intercollegiate sport2 and 7#b7 for the #e-year period beginning on the date after the last intercollegiate competition for the student athlete1 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 an intercollegiate sport4 7b7 ,intercollegiate athletic association post-,eligibility insurance and catastrophic injury fund or program 7#a7 ,in general ,an intercollegiate athletic association comprised of member institutions that compete in ,division ,i1 ,division ,,ii1 or ,division ,,iii1 as defined by bylaw #bj of the ,national ,collegiate ,athletic ,association1 or a successor bylaw1 on behalf of its member institutions must establish a fund or program to help cover the cost of-- 7,a7 in the case of a ,division ,i institution that generates less than #bj1jjj1jjj in total annual athletics revenue during the preceding academic year1 compliance with subsection 7a77#b7 7or1 in the case of a ,division ,,ii or ,division ,,iii institution1 voluntary compliance with subsection 7a77#b771 in the event of demonstrated financial hardship2 and 7,b7 post-eligibility medical expenses for a member institution's student athletes diagnosed with significant long-term conditions related to their participation in an intercollegiate sport1 including chronic traumatic encephalopathy and any other cognitive impairment4 7#b7 ,amount of fund ,the intercollegiate athletic association described in this subsection shall ensure that the fund or program established under this subsection is funded at an amount that totals at least #fj1jjj1jjj on the first day of each academic year4 7#c7 ,use of collective media rights ,in ensuring that the fund or program established under paragraph 7#b7 is adequately funded1 an intercollegiate athletic association may use the collective media rights revenue from a covered entity1 in accordance with section #e7;d77#c7 of the ,sports ,broadcasting ,act of #aifa1 as added by section #bjc4 7c7 ,rule of construction ,nothing in this section may be construed to preclude an intercollegiate athletic association from-- 7#a7 providing or causing to be provided to student athletes medical coverage in addition to the medical coverage required by subsection 7a72 or 7#b7 exceeding #fj1jjj1jjj for the fund or program established in subsection 7b7 for any academic year4 #ajg4 ,health1 wellness1 and safety standards 7a7 ,establishment of standards ,not later than #bgj days after the date of the enactment of this ,act1 each institution1 conference1 and intercollegiate 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 intercollegiate 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 ,provision of information on contact for ,student ,athlete ,ombudsman 7#a7 ,intercollegiate athletic association ,an intercollegiate athletic association shall provide to student athletes information on how to contact the ,office of the ,student ,athlete ,ombudsman1 as established in section #ajh1 on the internet website of the association4 7#b7 ,institution ,at the beginning of each academic year1 an institution shall provide to student athletes information on how to locate the website specified under paragraph 7#a7 or a link to the website and information on how to contact the ,office of the ,student ,athlete ,ombudsman1 as established in section #ajh4 7d7 ,athletic health and safety officers 7#a7 ,in general ,each institution shall designate an employee1 who is independent of the athletic department1 as the athletic health and safety officer for the institution4 7#b7 ,reporting ,the athletic health and safety officer designated under paragraph 7#a7 shall report to an employee of the institution who is independent of the athletic department4 7#c7 ,officer responsibilities ,an employee who is designated by an institution under paragraph 7#a7 as an athletic health and safety 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 employee specified under paragraph 7#b74 7e7 ,independence of medical professionals 7#a7 ,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 7#b7 ,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 7f7 ,rule of construction ,nothing in this section may be construed to preclude-- 7#a7 an intercollegiate athletic association from establishing additional health1 wellness1 and safety standards to protect student athletes2 or 7#b7 an intercollegiate athletic association1 conference1 institution1 or student athletes from requesting or advocating for additional health1 wellness1 and safety standards to protect student athletes4 #ajh4 ,office of the ,student ,athlete ,ombudsman 7a7 ,in general ,an intercollegiate athletic association shall establish an office to support student athletes1 known as the ,office of the ,student ,athlete ,ombudsman 7in this section referred to as the ,office74 7b7 ,duties ,the ,office shall-- 7#a7 provide independent advice to student athletes at no cost about the applicable requirements of this title and the amendments made by this title1 including with respect to their rights and responsibilities and the resources available2 7#b7 assist in the resolution of student athlete concerns regarding the intercollegiate athletic association1 conferences1 or institutions2 7#c7 provide independent advice to student athletes with respect to the role1 responsibility1 authority1 and jurisdiction of the intercollegiate athletic association1 conferences1 or institutions2 7#d7 provide student athletes with current contact information for external third-party resources for student athletes2 and 7#e7 provide independent advice to student athletes with respect to the relative value of engaging legal counsel4 7c7 ,administration ,an interstate intercollegiate athletic association shall hire and provide salary1 benefits1 and administrative expenses for an ,ombudsman and support staff for the ,office4 7d7 ,confidentiality 7#a7 ,in general ,the ,office shall maintain as confidential any information communicated or provided to the ,office in confidence in any matter involving the exercise of the official duties of the ,office4 7#b7 ,exception ,the ,office may1 with the permission of the parties involved1 disclose information described in paragraph 7#a7 as necessary to resolve or mediate a dispute4 7#c7 ,application ,the confidentiality requirements under this subsection shall not apply to information-- 7,a7 as necessary to comply with applicable reporting requirements mandated by ,federal law2 7,b7 relating to a felony personally witnessed by a member of the ,office2 7,c7 if necessary to protect an individual at imminent risk of serious harm2 or 7,d7 with the permission of the parties involved1 as necessary to resolve or mediate a dispute4 7#d7 ,judicial and administrative proceedings 7,a7 ,in general ,the ,ombudsman and any staff of the ,office shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the ,office4 7,b7 ,confidentiality ,any memorandum1 work product1 notes1 or case file of the ,office-- 7i7 shall be confidential2 and 7ii7 shall not be-- 7,i7 subject to discovery1 subpoena1 or any other means of legal compulsion2 or 7,,ii7 admissible as evidence in a judicial or administrative proceeding4 7#e7 ,prohibition on retaliation ,no employee1 contractor1 agent1 volunteer1 or member of an intercollegiate athletic association1 a conference1 or an institution shall take or threaten to take any action against a student athlete as a reprisal for disclosing information to or seeking assistance from the ,office4 7e7 ,independence in carrying out duties ,the board of directors or other governing board or committee of an intercollegiate athletic association1 a conference1 or an institution shall not prevent or prohibit the ,office from carrying out any duty or responsibility under this section4 #aji4 ,comparable standards for access to facilities1 services1 and events ,intercollegiate athletic associations and conferences shall maintain comparable standards for medical care1 lodging1 meals1 rest1 transportation1 and1 if applicable1 athletic facilities for championship events or tournaments1 across similarly situated men's and women's athletic programs4 #aaj4 ,rules governing certain mid-season coaching transitions 7a7 ,in general ,an individual who serves1 or has served at any point during a competitive season1 as football athletic personnel for a varsity sports team for intercollegiate football at an institution shall not1 during that same competitive season1 perform for another institution any duties or responsibilities customarily associated with a head coach of a varsity sports team for intercollegiate football1 including1 at a minimum-- 7#a7 recruiting or contacting prospective or current student athletes2 7#b7 directing1 participating in1 or materially influencing recruiting strategy or evaluations2 7#c7 directing1 participating in1 or materially influencing roster management decisions1 including decisions relating to transfers2 7#d7 facilitating1 coordinating1 negotiating1 or otherwise materially influencing name1 image1 and likeness activities involving student athletes2 7#e7 directing1 supervising1 or materially influencing coaching staff or team operations2 7#f7 participating in practice planning1 game preparation1 strategic decision-making1 or on-field activities2 7#g7 publicly representing the institution in an intercollegiate football-related capacity in a manner that reflects or implies authority over the intercollegiate football program2 and 7#h7 undertaking any other activity customarily associated with a head coach of a varsity sports team for intercollegiate football4 7b7 ,application ,subsection 7a7 shall apply without regard to title1 formal designation1 compensation structure1 employment status1 or timing of any public announcement1 and the applicable intercollegiate athletic association may prohibit any arrangement that1 in substance or effect1 provides an individual described in subsection 7a7 with authority or responsibilities customarily exercised by a head coach4 7c7 ,determination of ineligibility ,an individual described in subsection 7a7 who accepts employment1 appointment1 or designation as head coach of a varsity sports team for intercollegiate football at another institution during the same competitive season is ineligible to participate in intercollegiate athletic competition for intercollegiate football as head coach for the hiring institution through the conclusion of the competitive season1 including any postseason competition1 of the prior institution or the hiring institution1 whichever occurs later4 7d7 ,penalties for non-,compliance ,in the event an individual who accepts employment1 appointment1 or designation as head coach of a varsity sports team for intercollegiate football at another institution violates this section1 that individual shall be ineligible to assume the duties as head coach of the varsity sports team for intercollegiate football at the hiring institution for the subsequent competitive season after the season in which the violation occurred and be subject to additional penalties sufficient to ensure compliance with this section4 7e7 ,application ,this section applies only to institutions that compete in the ,football ,bowl ,subdivision1 as defined by bylaw #bj4i4i of the ,national ,collegiate ,athletic ,association1 or a successor bylaw4 7f7 ,definitions ,in this section3 7#a7 ,applicable intercollegiate athletic association ,the term applicable intercollegiate athletic association means only an intercollegiate athletic association that has at least one member institution that is a member of the ,football ,bowl ,subdivision1 as defined by bylaw #bj4i4i of the ,national ,collegiate ,athletic ,association1 or a successor bylaw4 7#b7 ,competitive season ,the term competitive season means the period beginning with the first regularly scheduled intercollegiate athletic competition for intercollegiate football for an institution during a season and ending with the conclusion of the final intercollegiate athletic competition for intercollegiate football for the institution during that season4 7#c7 ,football athletic personnel ,the term football athletic personnel means any individual employed by1 contracted with1 or otherwise engaged by an institution who provides coaching1 instruction1 recruiting1 roster management1 or training as the head coach or a coordinator1 including an offensive1 defensive1 or special teams coordinator1 of student athletes who are members of or participate with the varsity sports team for intercollegiate football of the institution4 7#d7 ,intercollegiate football ,the term intercollegiate football-- 7,a7 means football played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association2 and 7,b7 does not include a recreational1 intramural1 or club sport4 #aaa4 ,student athlete representation on intercollegiate athletic association governing boards 7a7 ,in general ,not less than #a_/c of the membership and voting power of any board of directors or other governing board1 or committees with authority to establish and enforce rules or bylaws shall be comprised of current student athletes or former student athletes who have graduated from their institution during the preceding #aj-year period4 7b7 ,limitation 7#a7 ,a former student athlete who is a current or former employee of an intercollegiate athletic association1 a conference1 or a member institution may not count towards the student athlete membership requirement pursuant to subsection 7a72 and 7#b7 no member of any such board or committee shall vote on any matter that presents a conflict of interest for such member4 #aab4 ,transfer protections ,an institution1 a conference1 an intercollegiate athletic association1 or any representative of such entity shall permit a student athlete to transfer from one institution to another institution-- 7#a7 once without losing or delaying eligibility to participate in intercollegiate sports2 7#b7 except as provided in paragraph 7#c71 a second time with a loss of eligibility to participate in intercollegiate sports during the first academic year following the transfer2 and 7#c7 additionally1 without losing or delaying eligibility to participate in intercollegiate sports1 upon-- 7,a7 discontinuation of a sport in which the student athlete competes2 7,b7 the departure of the head coach of the student athlete's varsity sports team2 7,c7 sexual assault or harassment of the student athlete by an individual associated with the student athlete's varsity sports team2 or 7,d7 the student athlete pursuing a graduate degree4 #aac4 ,eligibility to participate in intercollegiate sports 7a7 ,in general ,an individual is eligible to participate on a varsity sports team or in intercollegiate athletic competition if the individual-- 7#a7 is a student athlete2 7#b7 meets uniform academic standards established by the relevant intercollegiate athletic association1 conference1 or institution2 7#c7 is not a professional athlete2 and 7#d7 complies with established rules that restrict eligibility for violations of ,state or ,federal law4 7b7 ,years of eligibility 7#a7 ,in general ,subject to paragraph 7#b71 the student athlete is eligible to compete in intercollegiate athletic competition for a maximum of #e calendar years beginning at the start of the regular academic year immediately following1 whichever occurs first-- 7,a7 the student athlete's #aith birthday2 7,b7 the student athlete's actual high school graduation date2 7,c7 the student athlete's expected high school graduation date based on the first year of high school enrollment2 or 7,d7 the date a student athlete enrolls full time at an institution4 7#b7 ,exceptions ,paragraph 7#a7 does not apply during a period of absence for any of the following3 7,a7 ,reasons of pregnancy4 7,b7 ,religious mission4 7,c7 ,active-duty military service4 7,d7 ,other periods of absence adopted by rule or bylaw by an intercollegiate athletic association that apply uniformly to all student athletes4 7c7 ,restrictions on eligibility 7#a7 ,in general ,an intercollegiate athletic association or a conference may restrict a student athlete's eligibility to participate in intercollegiate sports if the student athlete-- 7,a7 used an illegal or performance enhancing drug2 or 7,b7 participated in sports wagering activities4 7#b7 ,code of conduct ,an institution may restrict a student athlete's eligibility to participate in intercollegiate sports if the student athlete violated the institution's code of conduct that applies to all students4 7d7 ,clarification on prize money ,for purposes of subsection 7a77#c71 a student athlete who competes in a sport other than football or basketball shall not be considered a professional athlete based solely on the amount of prize money the student athlete received based on place finish or performance in an athletic event before or after enrollment in an institution1 so long as-- 7#a7 the prize money was provided only by the sponsor of the athletics event2 and 7#b7 the sponsor of the athletics event is not an institution1 employee of an institution1 volunteer of an institution1 collective1 or an associated entity4 7e7 ,transfer from #b-,year institution ,no intercollegiate athletic association or conference shall require a student athlete who transfers from a #b-year institution to a #d-year institution to meet additional or more stringent academic standards than the academic standards required for student athletes who transfer from a #d-year institution4 7f7 ,rule of construction ,nothing in this section shall be construed to restrict the ability of an institution to-- 7#a7 require student athletes to meet or maintain academic standards that are in addition to1 or more stringent than1 the standards described in subsection 7a7 if such standards are required of all students enrolled at the institution2 7#b7 discipline or sanction a student athlete for violating a rule1 regulation1 or code of conduct that applies to all students enrolled at the institution2 or 7#c7 discipline or sanction a student athlete for violating a rule1 regulation1 or a code of conduct that applies to all student athletes participating in intercollegiate athletic competition at that institution4 #aad4 ,prohibited compensation and agreements 7a7 ,certain agreements and compensation prohibited ,an institution1 an employee of an institution1 a volunteer of an institution1 a conference1 an employee of a conference1 or an associated entity shall not-- 7#a7 except as provided in subsection 7b71 arrange1 provide1 offer1 or permit1 directly or indirectly1 compensation in an amount that would circumvent or result in the institution exceeding the revenue share cap to-- 7,a7 a student athlete1 a group of student athletes1 or their family members2 or 7,b7 a prospective student athlete1 a group of prospective student athletes1 or their family members2 or 7#b7 enter into a name1 image1 and likeness agreement with a student athlete or prospective student athlete that is not-- 7,a7 for a valid business purpose2 and 7,b7 commensurate with compensation paid to individuals with a similar profile1 reputation1 or notability who are not student athletes or prospective student athletes4 7b7 ,personal athletic and education benefits permitted ,an intercollegiate athletic association1 a conference1 an institution1 or any representative thereof shall not1 pursuant to the ,injunctive ,relief ,settlement ,agreement approved by the court in ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe71 restrict the ability of a student athlete enrolled at an institution to receive compensation from an intercollegiate athletic association1 an institution1 a conference1 or an associated entity1 for personal benefits related to education or intercollegiate athletics1 provided they are-- 7#a7 reasonable costs of transportation and temporary lodging for family members of a student athlete while the student athlete is experiencing a documented physical or mental health concern or participating in an intercollegiate athletic competition2 7#b7 reasonable costs for meals1 shelter1 medical coverage1 and medical expenses not provided or covered by the institution2 and 7#c7 reasonable education-related financial benefits1 such as institution fees1 books1 or other incidental educational expenses that are not otherwise provided by the institution4 7c7 ,valid business purpose ,a name1 image1 and likeness agreement with a student athlete shall be for a valid business purpose4 7d7 ,institution defined ,in this section1 the term institution means-- 7#a7 an institution of higher education1 as that term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7#b7 an institution that is a party to1 through membership in a conference or otherwise1 ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe71 or has opted in to the ,injunctive ,relief ,settlement in that case4 #aae4 ,extension of the revenue share cap 7a7 ,in general ,upon expiration or termination of the ,injunctive ,relief ,settlement ,agreement approved by the court in ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe71 the revenue share cap shall continue to apply with respect to section #aad7;a71 including any adjustments specified in subsection 7b74 7b7 ,adjustment of revenue share cap ,upon expiration of the ,injunctive ,relief ,settlement ,agreement approved by the court in ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe71 the annual revenue share cap shall be adjusted annually for inflation by the percent increase1 if any1 in the ,consumer ,price ,index for ,all-,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor for the most recent #ab-month period for which applicable data is available4 #aaf4 ,commission on the ,future of ,college ,athletics 7a7 ,commission on the ,future of ,college ,athletics 7#a7 ,in general ,there is established within the legislative branch a commission1 to be known as the ,congressional ,commission on the ,future of ,college ,athletics 7referred to in this section as the ,commission71 for the purpose of providing recommendations on the future of college athletics4 7#b7 ,purpose ,the purpose of the commission is to provide recommendations for the future of college athletics4 7b7 ,membership 7#a7 ,composition ,subject to paragraph 7#b71 the ,commission shall be composed of #bj members1 of whom-- 7,a7 #d members shall be appointed by the chair of the ,committee on ,commerce1 ,science1 and ,transportation1 of which at least #a member shall be a student athlete or former student athlete2 7,b7 #d members shall be appointed by the ranking member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 of which at least #a member shall be a student athlete or former student athlete2 7,c7 #d members shall be appointed by the chair of the ,committee on ,energy and ,commerce of the ,house of ,representatives1 of which at least #a member shall be a student athlete or former student athlete2 7,d7 #d members shall be appointed by the ranking member of the ,committee on ,energy and ,commerce of the ,house of ,representatives1 of which at least #a member shall be a student athlete or former student athlete2 7,e7 #a current or former student athlete appointed by the majority leader of the ,senate1 in consultation with the chair of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,f7 #a current or former student athlete appointed by the minority leader of the ,senate1 in consultation with the ranking member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,g7 #a current or former student athlete appointed by ,speaker of the ,house of ,representatives1 in consultation with the chair of the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,h7 #a current or former student athlete appointed by the minority leader of the ,house of ,representatives1 in consultation with the ranking member of the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,requirements ,members of the ,commission shall be individuals who are nationally recognized for expertise1 knowledge1 or experience in matters related to college athletics1 university administration1 sports law1 labor law1 athlete welfare1 sports economics1 health care1 or sports medicine4 7#c7 ,co-chairs1 executive director1 and staff 7,a7 ,co-chairs ,the ,commission shall have #b co-chairs1 of whom-- 7i7 #a co-chair shall be a member selected by the majority party2 and 7ii7 #a co-chair shall be a member selected by the minority party4 7,b7 ,executive director and staff ,the co-chairs of the ,commission shall appoint an executive director of the ,commission1 and such staff as appropriate1 with compensation4 7c7 ,authority ,the ,commission may1 for the purpose of carrying out the duties of the ,commission-- 7#a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths2 and 7#b7 require1 by subpoena issued upon a majority vote of the ,commission1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents as the ,commission considers relevant to the purpose of the ,commission4 7d7 ,duties ,the duties of the ,commission are as follows3 7#a7 ,to study and develop recommendations regarding-- 7,a7 an alternative structure for providing compensation for student athletes1 including consideration of the positive and negative implications associated with a collective bargaining structure and employment status for student athletes2 7,b7 protecting and preserving athletic opportunities for student athletes1 particularly in non-revenue generating1 women's1 and ,olympic sports intercollegiate athletic programs2 7,c7 whether any intercollegiate sport should be subject to spending or cost limitations2 7,d7 whether to eliminate1 extend1 or change the ,pool ,benefits ,limit set forth in the ,injunctive ,relief ,settlement ,agreement as approved or amended by the court in ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe72 7,e7 compliance with endorsement contract reporting requirements established by an athletic association or a conference2 7,f7 adequacy of health and safety standards established pursuant to this title and compliance with those standards by institutions2 7,g7 the adequacy of the athlete agent provisions of this title2 7,h7 the extent to which student athletes experience abuse or mistreatment and measures that could protect student athletes from such abuse or mistreatment2 7,i7 the benefits of the intercollegiate athletic system1 including consideration of how the balance of education and athletics impacts the life skills1 educational opportunities1 leadership skills1 character development1 and personal growth of the student athlete2 and 7,j7 any other recommendations regarding intercollegiate athletics4 7#b7 ,to draft a joint resolution of approval under subsection 7i7 that provides for implementation of the ,commission's recommendation on whether to eliminate1 raise1 or lower the ,pool ,benefits ,limit in section #aad7;a74 7#c7 ,not later than #e years after the date of the enactment of this ,act1 to submit a report on the activities of the ,commission1 including recommendations for such legislative action as the ,commission considers appropriate to-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,c7 the ,president4 7e7 ,quorum ,ten members of the ,commission1 of which #c members shall be current or former student athletes1 shall constitute a quorum4 7f7 ,initial meeting ,the ,commission shall hold an initial meeting not later than #cj days after the date on which a sufficient number of members have been appointed under subsection 7b7 to constitute a quorum pursuant to subsection 7e74 7g7 ,public hearings ,the ,commission shall hold #a or more public hearings4 7h7 ,status ,the ,commission is not an agency 7as defined in section #eea of title #e1 ,united ,states ,code74 7i7 ,joint resolution ,any ,member of ,congress may introduce a joint resolution for consideration to adopt any of the recommendations of the ,commission1 in whole or in part1 including any recommendations from the ,commission on whether to eliminate1 raise1 or lower the ,pool ,benefits ,limit4 7j7 ,termination ,the ,commission shall terminate #ij days after the date on which the ,commission submits the report required by this section4 7k7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission such sums as may be necessary in any fiscal year1 half of which shall be derived from the applicable account of the ,house of ,representatives and half of which shall be derived from the contingent fund of the ,senate4 #aag4 ,recruitment and tampering ,an intercollegiate athletic association may enforce provisions on recruitment and tampering of student athletes or prospective student athletes before and during their eligibility for intercollegiate athletic competition that-- 7#a7 prohibit an institution1 an employee of an institution1 a conference1 an employee of a conference1 or an associated entity from contacting a student athlete who is enrolled at or committed to another institution for the purpose of recruiting them to transfer to or enroll at an institution except for during the #e consecutive weeks starting #g days after the last intercollegiate athletic competition in an academic year in the intercollegiate sport in which the student athlete competes and in which student athletes from the same intercollegiate athletic association competed2 7#b7 prohibit an athlete agent from contacting an institution1 employee of an institution1 or institution associated on behalf of a student athlete who is enrolled at or committed to another institution for the purpose of facilitating the transfer or enrollment of the student athlete at the contacted institution except for during the #e consecutive weeks starting #g days after the last intercollegiate athletic competition in an academic year in the intercollegiate sport in which the student athlete competes and in which student athletes from the same intercollegiate athletic association competed2 7#c7 prohibit an institution1 an employee of an institution1 a conference1 an employee of a conference1 an associated entity1 or an athlete agent from recruiting or contacting a student athlete or prospective student athlete who has not affirmatively opted in to receive such recruitment or contact2 or 7#d7 prohibit an institution1 an employee of an institution1 a volunteer of an institution1 an associated entity1 an athlete agent1 a conference1 an employee of a conference1 or a volunteer of a conference from inducing a student athlete to enroll at an institution or transfer to an institution by offering compensation to a student athlete in violation of paragraphs 7#a71 7#b71 or 7#c74 #aah4 ,limitation on liability 7a7 ,in general ,it shall not be unlawful under the antitrust laws for an intercollegiate athletic association1 a conference1 or an institution to enforce or comply with1 including through rules or bylaws-- 7#a7 section #aad2 7#b7 section #aae2 7#c7 section #aac2 7#d7 sections #aja7;a77#c7 and #aja7;b77#a7 and subparagraphs 7,a7 and 7,b7 of section #aja7;b77#b72 7#e7 section #aag2 7#f7 section #aab2 7#g7 rules1 bylaws1 or requirements of an intercollegiate athletic association that determine whether a specific institution is selected to participate in a championship or tournament if the process for selecting participants is not entitled to antitrust exemption under this subsection2 7#h7 section #ajc2 and 7#i7 section #aaj4 7b7 ,sanctions by an intercollegiate athletic association ,it shall not be unlawful under the antitrust laws for an intercollegiate athletic association to1 including through rules or bylaws-- 7#a7 impose a fine against an institution1 an employee1 or volunteer of an institution1 a conference1 an employee of a conference1 or an associated entity for a violation of sections #aaj1 #aab1 #aac1 #aad1 or #aae2 7#b7 restrict an institution1 employee or volunteer of an institution1 a conference1 or an employee of a conference1 from participation in intercollegiate athletic competition1 including championships or tournaments1 for a violation of sections #aaj1 #aab1 #aac1 #aad1 or #aae2 7#c7 restrict the eligibility of a student athlete who-- 7,a7 is not eligible to participate in intercollegiate athletic competition or participate on a varsity sports team under section #aac2 7,b7 has transferred to an institution in a manner that does not comply with section #aab2 or 7,c7 has received compensation in contravention of section #aad or section #aae2 or 7#d7 decertify an athlete agent for violations of section #ajc or the amendments made by section #ajb4 7c7 ,requirements for an intercollegiate athletic association ,an intercollegiate athletic association shall not be entitled to the antitrust exemptions set forth in subsections 7a7 and 7b7 unless the intercollegiate athletic association has established rules1 bylaws1 or other regulations implementing paragraphs 7#a7 through 7#i7 of subsection 7a7 and paragraphs 7#a7 through 7#d7 of subsection 7b74 #aai4 ,private right of action 7a7 ,violations ,a person may file a civil action in an appropriate district court of the ,united ,states or in an appropriate ,state court only for a violation of the following3 7#a7 ,subsections 7a7 and 7c7 of section #aja4 7#b7 ,section #ajd4 7#c7 ,section #aje4 7#d7 ,section #ajf4 7#e7 ,section #ajg4 7#f7 ,section #ajh4 7#g7 ,section #aji4 7#h7 ,section #aaa4 7#i7 ,section #aab1 only to the extent the claim-- 7,a7 alleges an intercollegiate athletic association1 a conference1 or an institution has not complied with the transfer standard set forth in section #aab2 7,b7 is filed against a ,division ,i1 ,division ,,ii1 or ,division ,,iii institution1 as defined by bylaw #bj of the ,national ,collegiate ,athletic ,association as of the date of the enactment of this ,act1 or an intercollegiate athletic association or a conference comprised of any such institutions2 and 7,c7 is filed in an appropriate district court of the ,united ,states4 7#aj7 ,section #aac1 only to the extent the claim-- 7,a7 alleges an intercollegiate athletic association1 a conference1 or an institution has not complied with the eligibility standard set forth in section #aac2 7,b7 is filed against a ,division ,i1 ,division ,,ii1 or ,division ,,iii institution1 as defined by bylaw #bj of the ,national ,collegiate ,athletic ,association as of the date of the enactment of this ,act1 or an intercollegiate athletic association or a conference comprised of any such institutions2 and 7,c7 is filed in an appropriate district court of the ,united ,states4 7#aa7 ,section #aad7;b74 7b7 ,limitation ,the protection from antitrust liability set forth in section #aah shall not be limited by a private right of action filed under subsection 7a74 7c7 ,relief 7#a7 ,in general ,in a civil action brought under subsection 7a7 in which the plaintiff prevails1 the court may award the plaintiff-- 7,a7 actual damages2 and 7,b7 any other relief1 including equitable relief or declaratory relief1 that the court determines appropriate4 7#b7 ,attorney's fees and costs ,in a civil action brought under subsection 7a71 the court may1 in its discretion1 award reasonable attorney's fees and litigation costs to the prevailing party4 7d7 ,limitation on pre-,dispute agreements and waivers 7#a7 ,pre-dispute arbitration agreement 7,a7 ,in general ,notwithstanding any other provision of law1 no intercollegiate athletic association1 conference1 or institution shall include a pre-dispute arbitration agreement 7as defined in section #dja of title #i1 ,united ,states ,code7 in an agreement with a student athlete regarding a provision of this title or an amendment made by this title4 7,b7 ,treatment of claim ,if a claim for a violation of this title arises1 a student athlete has the option to arbitrate the dispute if the intercollegiate athletic association1 conference1 or institution agrees to the arbitration4 7#b7 ,pre-dispute joint-action waiver ,notwithstanding any other provision of law1 no intercollegiate athletic association or conference shall enforce a pre-dispute joint-action waiver 7as defined in section #dja of title #i1 ,united ,states ,code7 against a student athlete or group of student athletes with respect to a dispute arising under this title or an amendment made to this title1 so long as there are not fewer than #g named plaintiffs4 7e7 ,disputes arising from enforcement of ,injunctive ,relief ,settlement ,notwithstanding subsection 7d7-- 7#a7 a claim made by any entity or individual subject to the injunctive relief provisions in ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe71 regarding whether a name1 image1 or likeness agreement is for a valid business purpose shall follow the procedure set forth in article #f1 section #b1 of such settlement2 and 7#b7 in any dispute regarding whether an institution1 an employee of an institution1 a volunteer of an institution1 a conference1 an employee of a conference1 or an associated entity complied with paragraph 7#a7 or 7#b7 of section #aad7;a71 an institution1 an employee of an institution1 a volunteer of an institution1 a conference1 an employee of a conference1 or an associated entity shall follow the procedure set forth in article #f1 section #b of ,in ,re ,college ,athlete ,,nil ,legislation1 ,no4 #bj-;cv-#jciai 7,n4,d4 ,cal4 ,june #f1 #bjbe74 7f7 ,notice requirement for civil actions 7#a7 ,in general ,a civil action may be brought by a person under this section only if1 prior to filing such action1 the plaintiff provides to the defendant #fj days written notice identifying the specific provisions set forth in subsection 7a7 that the plaintiff alleges have been or are being violated4 7#b7 ,effect of cure ,in the event a cure is possible1 if1 within the #fj-;day period under paragraph 7#a71 the defendant cures the violation and provides the plaintiff with an express written statement that the violation has been cured and no such further violation shall occur1 an action shall not be permitted4 #abj4 ,whistleblower protection 7a7 ,in general ,no institution1 conference1 or intercollegiate athletic association1 or any agent thereof1 may discharge1 demote1 suspend1 withdraw or reduce benefits from1 threaten1 harass1 or in any other manner discriminate against an employee1 a student athlete1 a prospective student athlete1 a former student athlete1 a contractor1 a subcontractor1 a service provider1 or an agent of an institution1 a conference1 or an intercollegiate athletic association because of any lawful act done by such individual-- 7#a7 to provide information to1 or cause information to be provided to1 an agency of the ,federal ,government1 an agency of ,state government1 ,congress1 or any law enforcement agency regarding any act or omission that such individual reasonably believes to be a violation of this title2 or 7#b7 to file1 cause to be filed1 testify1 participate in1 or otherwise assist in a proceeding filed or about to be filed relating to an alleged violation of this title4 7b7 ,enforcement action 7#a7 ,in general ,an individual aggrieved by a violation of subsection 7a7 may bring an action in the appropriate district court of the ,united ,states for the relief set forth in paragraph 7#b74 7#b7 ,relief ,an individual prevailing in any action under paragraph 7#a7 may obtain-- 7,a7 compensatory damages and the cost of the action1 including reasonable attorney's fees and other litigation costs reasonably incurred2 7,b7 in addition to any other relief available at law1 equitable relief that may be necessary or appropriate to correct a violation of subsection 7a7 or make the individual whole again2 7,c7 temporary relief while the case is pending2 and 7,d7 if the prevailing individual is an employee-- 7i7 reinstatement with the same seniority status that the individual would have had1 but for the discrimination2 and 7ii7 backpay otherwise owed to the individual1 with interest4 7c7 ,rights retained by individual ,nothing in this section shall be construed to diminish the rights1 privileges1 or remedies of any individual under any ,federal or ,state law1 or under any labor contract4 7d7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes 7#a7 ,waiver of rights and remedies ,the rights and remedies provided for in this section may not be waived by any agreement1 policy form1 condition of employment1 or athletic agreement or participation4 7#b7 ,predispute arbitration agreements ,no predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section4 #aba4 ,relationship to existing law 7a7 ,in general ,no ,state or political subdivision of a ,state may adopt1 maintain1 enforce1 or continue in effect any law1 regulation1 rule1 requirement1 or standard that-- 7#a7 conflicts with any provision of this title that would prevent compliance with this title2 or 7#b7 governs1 regulates1 or invalidates policies or rules of an institution1 a conference1 or an intercollegiate athletic association that regulates-- 7,a7 the compensation to a student athlete or prospective student athlete for the use of their name1 image1 or likeness1 except as necessary to comply with this title2 7,b7 transfers of student athletes between institutions2 or 7,c7 the eligibility of a student athlete to participate in intercollegiate athletics4 7b7 ,preservation of ,state laws ,the following ,state laws1 rules1 regulations1 or requirements1 or common law rights or remedies shall not be preempted1 displaced1 or supplanted except to the extent that such law rule1 regulation1 requirement1 or common law right or remedy conflicts with subsection 7a73 7#a7 ,uniform ,athlete ,agent ,acts4 7#b7 ,civil rights laws4 7#c7 ,tort law4 7#d7 ,criminal law4 7#e7 ,any law1 whether statutory or common law1 that gives rise to a cause of action for personal injury1 wrongful death1 property damage1 sexual assault1 injury1 or harassment1 or other financial1 physical1 reputational1 or psychological injury based in negligence1 strict liability1 products liability1 or failure to warn4 7#f7 ,laws that relate to student or campus safety4 7#g7 ,fraud4 7#h7 ,privacy or data breach4 7#i7 ,contract law4 7#aj7 ,trademark law4 7#aa7 ,copyright law4 7#ab7 ,consumer protection law4 7c7 ,rules of construction 7#a7 ,antitrust laws ,to the extent liability for violations of the antitrust laws is not limited by this title1 subsection 7a7 shall not be construed to preempt1 displace1 or supplant the antitrust laws4 7#b7 ,federal trademark and copyright law ,nothing in this title or the amendments made by this title may be construed to override1 modify1 or amend the applicability of ,federal trademark or copyright law4 #abb4 ,neutrality on employee or non-employee status ,this title is neutral on1 and does nothing to alter1 employee or non-employee status for student athletes4 #abc4 ,applicability ,this title1 and the amendments made by this title1 shall apply with respect to any action or proceeding that is pending on or commenced on or after the date of the enactment of this ,act4 #abd4 ,severability ,if any provision of this title1 or an amendment made by this title1 is determined to be unenforceable or invalid1 the remaining provisions of this title and the amendments made by this title shall not be affected4 ,,ii ,sports broadcasting #bja4 ,definitions 7a7 ,references to ,sports ,broadcasting ,act of #aifa ,in this ,act1 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 ,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 in section #h1 as so redesignated-- 7,a7 by striking ,as used in this ,act1 persons means and inserting the following3 ,as used in this ,act3 7#ab7 ,persons ,the term persons means 2 7,b7 by inserting before paragraph 7#ab71 as so designated1 the following3 7#a7 ,collective media rights revenue ,the term collective media rights revenue means revenue derived from the sale or transfer of the media rights of the member institutions and member conferences of the covered entity resulting from the joint agreement described in section #e4 7#b7 ,conference ,the term conference means any organization that is not an intercollegiate athletic association and that-- 7,a7 has #b or more institutions as members2 and 7,b7 arranges championships for intercollegiate athletic competitions or sets rules for intercollegiate athletic competitions4 7#c7 ,covered entity ,the term covered entity means the entity formed by a joint agreement of institutions or conferences described in subparagraph 7,a7 or 7,b7 of section #e7;b77#a7 that meets each of the requirements under section #e4 7#d7 ,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 to a student for the undergraduate or graduate course of study of the student2 and 7ii7 is in an amount that does not exceed the cost of attendance for the student at the institution2 and 7,b7 does not include compensation paid to an individual who is a student athlete or a former student athlete4 7#e7 ,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#f7 ,intercollegiate athletic association ,the term intercollegiate athletic association-- 7,a7 means any organization1 not-for-profit corporation1 association1 or other group organized in the ,united ,states that-- 7i7 is composed of #b or more institutions or conferences that-- 7,i7 are located in different ,states2 or 7,,ii7 participate in intercollegiate athletic competitions in more than #a ,state2 7ii7 sponsors or arranges intercollegiate athletic competitions between institutions2 7iii7 sets common rules1 standards1 procedures1 or guidelines for the administration of intercollegiate athletic competition2 and 7iv7 is not a conference2 7,b7 includes-- 7i7 the ,national ,collegiate ,athletic ,association2 and 7ii7 any other national intercollegiate athletic association2 and 7,c7 does not include a corporation1 association1 or other group affiliated with professional athletic competition4 7#g7 ,intercollegiate athletic competition ,the term intercollegiate athletic competition means any varsity intercollegiate sport contest1 game1 meet1 match1 tournament1 regatta1 or other intercollegiate sport event in which student athletes or varsity sports teams compete4 7#h7 ,intercollegiate football ,the term intercollegiate football means the intercollegiate sport of football4 7#i7 ,intercollegiate sport ,the term intercollegiate sport-- 7,a7 means a sport played at the intercollegiate level1 administered by an athletic department1 between institutions for which eligibility requirements for participation by a student athlete are established by an interstate intercollegiate athletic association2 and 7,b7 does not include a recreational1 intramural1 or club sport4 7#aj7 ,member conference ,the term member conference1 with respect to the covered entity1 means a conference that is a member of the covered entity4 7#aa7 ,member institution ,the term member institution1 with respect to the covered entity1 means an institution that is a member of the covered entity4 2 and 7,c7 by inserting after paragraph 7#ab71 as so redesignated1 the following3 7#ac7 ,student athlete ,the term student athlete means an individual who-- 7,a7 is enrolled as a full-time student at an institution2 7,b7 makes satisfactory progress towards completing a degree2 and 7,c7 participates in intercollegiate athletic competitions or competes for a varsity sports team as part of the institution's educational1 developmental1 or extracurricular programs4 7#ad7 ,top #e historic opponents in intercollegiate football ,the term top #e historic opponents in intercollegiate football1 with respect to an institution1 means the #e other institutions against which the institution has played the most intercollegiate athletic competitions within intercollegiate football4 7#ae7 ,top #aj historic opponents in intercollegiate football ,the term top #aj historic opponents in intercollegiate football1 with respect to an institution1 means the #aj other institutions against which the institution has played the most intercollegiate athletic competitions within intercollegiate football4 7#af7 ,traditional rivalry ,the term traditional rivalry means an intercollegiate athletic competition within intercollegiate football that is between varsity sports teams of #b institutions that-- 7,a7 are both members of the covered entity2 7,b7 are not members of the same conference2 and 7,c7 rank among each other's top #aj historic opponents in intercollegiate football4 7#ag7 ,varsity sports team ,the term varsity sports team means a team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competitions4 4 #bjb4 ,limitation on liability for transmission of collegiate sports competitions 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 ,the antitrust laws1 as defined in subsection 7a71 shall not apply to any joint agreement1 by or among institutions engaging in or conducting organized intercollegiate sports1 or conferences that have such institutions as members1 to form and operate a covered entity that complies with and enforces the requirements of section #e and sells or otherwise transfers to a third party all or any part of the rights of the institutions or conferences in the sponsored telecasting of the intercollegiate athletic competitions engaged in or conducted by the institutions or conferences4 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 #bjc4 ,requirements for entities selling media rights ,the ,sports ,broadcasting ,act of #aifa1 as amended by section #bja7;b77#a7 of this ,act1 is amended by inserting after section #d 7#ae ,u4,s4,c4 #abid7 the following3 #e4 ,requirements for entities selling media rights 7a7 ,condition on antitrust exemption ,section #a7;b7 shall not apply to any joint agreement entered into by institutions or conferences to form the covered entity unless the covered entity complies with the requirements under this section and section #f4 7b7 ,membership of the covered entity 7#a7 ,eligible membership ,a joint agreement to form the covered entity shall be comprised of a voluntary association of institutions or conferences that includes1 at a minimum1 as of the date on which the joint agreement is entered into1 not less than #ge percent of the institutions participating in the ,football ,bowl ,subdivision1 as defined by ,bylaw #bj4i4i of the ,national ,collegiate ,athletic ,association4 7#b7 ,invitation requirement 7,a7 ,in general ,the covered entity shall offer membership on fair and nondiscriminatory terms to each conference and each institution that is in ,division ,i1 as defined by ,bylaw #bj4i of the ,national ,collegiate ,athletic ,association as of the date of enactment of the ,protect ,college ,sports ,act of #bjbf4 7,b7 ,optional participation ,no conference or institution shall be required to join the covered entity or accept an offer under subparagraph 7,a71 but no conference or institution eligible for membership under subparagraph 7,a7 may be refused an invitation to join the covered entity4 7c7 ,voting rights 7#a7 ,in general 7,a7 ,votes of conferences and institutions ,subject to subparagraph 7,c71 the covered entity shall-- 7i7 in the bylaws of the covered entity-- 7,i7 provide that each member conference or member institution has #a vote on each type of decision or determination described in paragraph 7#b72 and 7,,ii7 specify the minimum number of votes required for each type of decision or determination described in paragraph 7#b72 and 7ii7 require the bylaws to be adopted unanimously by the member conferences and member institutions4 7,b7 ,votes of student athletes ,the covered entity shall-- 7i7 for purposes of decisions and determinations described in paragraph 7#b77;,c71 designate not fewer than #aj individuals who1 as of the date of designation1 are student athletes or were student athletes during the preceding #aj-year period2 and 7ii7 ensure that each individual designated under clause 7i7 has #a vote on a decision or determination described in paragraph 7#b77;,c74 7,c7 ,non-voting member conferences ,if a conference and #a or more of the institutions of the conference are members of the covered entity1 the conference shall be a non-voting member of the covered entity4 7#b7 ,voting thresholds 7,a7 ,major decisions ,a major decision1 as defined by the bylaws of the covered entity1 shall require a vote totaling not less than #b_/c of the member conferences or member institutions exercising their voting rights4 7,b7 ,non-major decisions ,a non-major decision1 as defined by the bylaws of the covered entity1 shall require a vote totaling not less than a majority of the member conferences or member institutions exercising their voting rights4 7,c7 ,revenue distributions or changes to voting allocations ,a determination regarding the allocation of collective media rights revenue or a decision to change a voting threshold described in this paragraph shall require a unanimous vote of the member conferences1 member institutions1 or current or former student athletes exercising their voting rights4 7,d7 ,media rights requirement ,a determination of which media rights shall be contributed to the covered entity pursuant to subsection 7f7 shall require a unanimous vote of the member conferences or member institutions exercising their voting rights4 7d7 ,revenue allocation formula 7#a7 ,method ,not less frequently than once each academic year1 the covered entity shall distribute the collective media rights revenue among member conferences and member institutions-- 7,a7 according to the allocation of collective media rights revenue most recently determined in accordance with subsection 7c77#b77;,c72 and 7,b7 in accordance with the requirements of this subsection4 7#b7 ,requirements ,the distribution of collective media rights revenue under paragraph 7#a7 shall-- 7,a7 ensure that-- 7i7 each member conference or member institution receives a minimum distribution of collective media rights revenue1 the amount of which shall be established under a bylaw adopted in accordance with subsection 7c77#b77;,c72 and 7ii7 each member institution receives more collective media rights revenue 7excluding revenue from the ,college ,football ,playoff7 during each academic year than the largest amount of collective media rights revenue 7excluding revenue from the ,college ,football ,playoff7 that the institution received in any single academic year during the period of academic year #bjba-bjbb through academic year #bjbd-bjbe2 7,b7 distribute not less than #ae percent of the collective media rights revenue that remains after compliance with subparagraph 7,a7 equally among all member institutions that received revenue from intercollegiate athletic competitions within intercollegiate football in the ,football ,bowl ,subdivision during academic year #bjbd-bjbe2 and 7,c7 distribute the collective media rights revenue that remains after compliance with subparagraphs 7,a7 and 7,b7 to member institutions based on the performance of each institution during the academic year with respect to the institution's contribution to the collective media rights revenue4 7#c7 ,transfer of revenue ,before distributing collective media rights revenue under paragraph 7#a71 the covered entity shall1 in accordance with section #ajf1 transfer an amount of collective media rights revenue to the fund or program established under that section to ensure that the program or fund is adequately funded4 7e7 ,protection of women's and ,olympic sports 7#a7 ,in general ,any member institution that receives collective media rights revenue shall1 consistent with applicable intercollegiate athletic association rules1 offer and maintain at least as many grant-in-aid opportunities and roster spots for non-revenue generating intercollegiate sports programs1 including women's and ,olympic intercollegiate sports programs1 during each academic year as the member institution provided during the #bjbd-bjbe academic year4 7#b7 ,definition ,for purposes of this subsection1 the term non-revenue generating intercollegiate sports program means an intercollegiate sports program at an institution for which1 during an academic year1 the revenues generated specifically attributable to that sports program are less than the direct and allocated operating expenses of that sports program4 7f7 ,contribution of media rights 7#a7 ,condition of participation ,the covered entity shall require each member institution or member conference1 as a condition of receiving a distribution of collective media rights revenue from the covered entity1 to contribute to the covered entity1 for sale by the covered entity1 the media rights of the member institution or member conference1 determined by a vote described in subsection 7c77#b77;,d71 with the exception of the rights in the sponsored telecasting of the basketball tournaments organized by the ,national ,collegiate ,athletic ,association4 7#b7 ,exclusive authority ,the covered entity shall have the exclusive authority to negotiate1 sell1 license1 sublicense1 and otherwise transfer on a pooled basis media rights contributed under paragraph 7#a71 with the exception of the rights in the sponsored telecasting of the basketball tournaments organized by the ,national ,collegiate ,athletic ,association4 7#c7 ,binding agreement ,the covered entity shall maintain a written agreement1 binding on all member institutions or member conferences1 that governs the collection and distribution of collective media rights revenue for the duration of the agreement4 7g7 ,preservation of conference opponents and traditional rivalries 7#a7 ,conference opponents ,if1 as of the date of enactment of the ,protect ,college ,sports ,act of #bjbf1 more than #f of the top #aj historic opponents in intercollegiate football of a member institution were intra-conference opponents of the member institution in intercollegiate football during the most recently completed season1 the covered entity shall require the member institution to preserve1 to the maximum extent practicable1 intercollegiate athletic competitions within intercollegiate football amongst all of its current conference opponents as of that date of enactment4 7#b7 ,traditional rivalries 7,a7 ,in general ,if1 as of the date of enactment of the ,protect ,college ,sports ,act of #bjbf1 more than #b of the top #aj historic opponents in intercollegiate football of a member institution were out-of-conference opponents of the member institution in intercollegiate football during the most recently completed season1 the covered entity shall require the member institution to play intercollegiate athletic competitions within intercollegiate football that constitute traditional rivalries1 and ensure that-- 7i7 the member institution plays not fewer than #b intercollegiate athletic competitions within intercollegiate football that constitute a traditional rivalry every #d years2 and 7ii7 the member institution plays not less than #a intercollegiate athletic competition within intercollegiate football each year with an institution that is in a different conference and is one of the top #e historic opponents in intercollegiate football of the member institution4 7,b7 ,institutions with fewer than #d out-of-conference rivals ,if a member institution is subject to the requirements under subparagraph 7,a71 and fewer than #d of the top #aj historic opponents of the member institution in intercollegiate football are member institutions that belong to a different conference1 the member institution shall seek to comply with clauses 7i7 and 7ii7 of subparagraph 7,a7 to the extent practicable4 7,c7 ,savings clause ,nothing in this paragraph shall be construed to affect the ability of a member institution to engage in intercollegiate athletic competitions within intercollegiate football against any other member institution within the same conference that was #a of the top #aj historic opponents in intercollegiate football of the member institution as of the date of enactment of the ,protect ,college ,sports ,act of #bjbf4 7#c7 ,periodic review2 authority to modify requirements #h years after the date of enactment of the ,protect ,college ,sports ,act of #bjbf1 and periodically thereafter1 but not more frequently than once every #d years1 the covered entity-- 7,a7 may review the effects of the requirements under this subsection on fan interest1 student athletes1 media revenues1 and preservation of traditional rivalries and historic opponents2 and 7,b7 may modify the requirements under this subsection4 7h7 ,enforcement of the ,act2 right ,to cure 7#a7 ,private right of action ,subject to paragraph 7#b71 a person aggrieved by a violation of section #a7;b71 this section1 section #f1 or section #g1 including a party to a joint agreement to form the covered entity1 may bring a civil action against the covered entity in an appropriate district court of the ,united ,states4 7#b7 ,notice and opportunity to cure ,a person may only bring a civil action under paragraph 7#a7 for a violation of section #a7;b71 this section1 section #f1 or section #g if-- 7,a7 not later than #a year before bringing the civil action1 the person provides to the defendant specific notice of the violation and an opportunity to cure the violation2 and 7,b7 the defendant does not cure the violation during the #a-year period beginning on the date of the notice described in subparagraph 7,a74 7i7 ,participation in covered entity optional 7#a7 ,in general ,nothing in this ,act shall1 under ,federal or ,state law1 establish or be construed to require1 mandate1 or encourage any institution or conference to join1 participate in1 or transfer any media rights to the covered entity or to create or give rise to any duty1 obligation1 or standard of care to take such action4 7#b7 ,effect on liability ,nothing in this ,act1 any amendments made by this ,act1 or a decision by an institution or conference to decline to join or participate in the covered entity may be used to support any claim1 cause of action1 or theory of liability under ,federal or ,state law that would impose liability on an institution or conference or compel an institution or conference to join or participate in the covered entity4 4 #bjd4 ,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 #bjc of this ,act7 the following3 #f4 ,market-level broadcast access for college football and basketball 7a7 ,definitions ,in this section3 7#a7 ,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#b7 ,local designated market area 7,a7 ,in general ,the term local designated market area means an area that-- 7i7 consists of a designated market area that includes the principal campus of an institution that is a member of the covered entity2 and 7ii7 at the election of the member institution and the applicable network1 distributor1 or licensee holding market-level rights1 may include not more than #a additional geographically adjacent designated market area1 or designated market area within the ,state in which the principal campus of the member institution is located1 in which a substantial portion of the student body1 alumni1 or in-,state resident population of the member institution resides4 7,b7 ,publication of list ,the ,federal ,communications ,commission shall-- 7i7 not later than #ahj days after the date of enactment of the ,protect ,college ,sports ,act of #bjbf1 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#c7 ,local ,outlet option ,the term ,local ,outlet option means the opportunity for not less than #a outlet to carry a live intercollegiate athletic competition without charge to viewers within the local designated market area of a member institution that is participating in the competition4 7b7 ,requirement of ,local ,outlet option 7#a7 ,in general ,as a condition of the exemption under section #a7;b77#a71 the covered entity shall make commercially available by purchase or license1 on a non-exclusive basis1 for each intercollegiate athletic competition in football or basketball1 not less than #a ,local ,outlet option in the local designated market area of each member institution participating in the competition4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to require carriage of an intercollegiate athletic competition by more than #a ,local ,outlet in a given designated market area4 7#c7 ,no effect on national media agreements ,nothing in paragraph 7#a7 shall limit the covered entity's ability to negotiate nationwide or regional media agreements4 7#d7 ,requirement fulfillment ,a national rights holder may satisfy the requirement under paragraph 7#a7 by making intercollegiate athletic competitions available to viewers in the applicable local designated market areas using an offering that the rights holder owns or is affiliated with that is freely available to viewers4 7c7 ,good faith negotiation 7#a7 ,in general ,each covered entity1 and any network1 distributor1 or licensee holding market-level rights or seeking ,local ,outlet option rights to intercollegiate athletic competitions described in subsection 7b71 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 #bje4 ,prohibition on certain conference mergers or acquisition ,the ,sports ,broadcasting ,act of #aifa is amended by inserting after section #f 7as added by section #bjd of this ,act7 the following3 #g4 ,prohibition on certain conference mergers and acquisitions 7a7 ,in general ,it shall be unlawful under the antitrust laws1 as defined in section #a7;a71 for any conference that reported more than #a1jjj1jjj1jjj in revenue on its fiscal year #bjbe tax return to merge or consolidate with1 or to acquire the assets1 media rights 7including media rights of an institution71 or membership of1 another conference1 if as a result of the transaction1 the number of institutions that are members of the conference would be less than the membership requirements under section #e7;b77#a77;,a74 7b7 ,defenses not applicable ,a transaction prohibited under subsection 7a7 may not be justified by efficiencies1 procompetitive effects1 or any other defense under the antitrust laws1 as defined in section #a7;a74 7c7 ,effect ,any transaction consummated in violation of subsection 7a7 shall be void4 4 #bjf4 ,amendments to intercollegiate and interscholastic football contest limitations ,section #c of the ,sports ,broadcasting ,act of #aifa 7#ae ,u4,s4,c4 #abic7 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking second ,friday in ,september and inserting first ,friday in ,september2 and 7,b7 by striking second ,saturday in ,december and inserting third ,saturday in ,december2 7#b7 in paragraph 7#b71 by striking and at the end2 7#c7 in paragraph 7#c71 by striking the period at the end and inserting 1 and2 and 7#d7 by adding at the end the following3 7#d7 the season and any postseason1 including championships1 of such intercollegiate football contests conclude not later than ,january #h of any year1 to the extent practicable4 4 #bjg4 ,media rights utilization requirement for college sports other than football and basketball 7a7 ,definitions ,in this section1 the terms covered entity1 intercollegiate athletic competition1 member conference1 and member institution have the meanings given those terms in section #h of the ,sports ,broadcasting ,act1 as redesignated by section #bja7;b77#a7 of this ,act4 7b7 ,requirement of use ,a distributor to which any media rights for intercollegiate athletic competitions in a sport other than football or basketball are sold1 licensed1 or otherwise conveyed by the covered entity or its member institutions or member conferences after the date of enactment of this ,act 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 7c7 ,reversion of rights 7#a7 ,failure to use rights2 opportunity to cure ,if a distributor to which media rights for intercollegiate athletic competitions in a sport other than football or basketball are sold1 licensed1 or otherwise conveyed as described in subsection 7b7 does not use 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 covered entity1 member institution1 or member conference notifies the distributor after the expiration of that #a-year period of the distributor's failure to use the rights1 and the distributor does not use the rights during the #ahj-;day period beginning on the date of the notification1 the rights for that sport shall revert to the originating covered entity1 member institution1 or member conference4 7#b7 ,reconveyance ,upon the reversion of rights under paragraph 7#a71 the covered entity1 member institution1 or member conference 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 7d7 ,savings ,nothing in this section shall be construed to modify the ,sports ,broadcasting ,act of #aifa1 as amended by this title4