Sec. 6. Ability of student athletes to enter into agency contracts and name, image, and likeness agreements
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/bill/117/hr/3379/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An intercollegiate athletics association, a conference, or an institution of higher education may not punish or prohibit the participation of a student athlete in an amateur intercollegiate athletic event or amateur intercollegiate athletic competition based on the student athlete having entered into an agency contract with a registered athlete agent. Except as provided in paragraph (2), an intercollegiate athletics association, a conference, or an institution of higher education may not punish or prohibit the participation of a student athlete in an amateur intercollegiate athletic event or amateur intercollegiate athletic competition based on the student athlete having entered into a name, image, and likeness agreement with a registered third-party licensee.
An intercollegiate athletics association, a conference, or an institution of higher education may prohibit the participation of a student athlete in an amateur intercollegiate athletic event or amateur intercollegiate athletic competition based on the student athlete having entered into a name, image, and likeness agreement with a registered third-party licensee if— the agreement violates— the code of student conduct of such intercollegiate athletics association, conference, or institution of higher education; or section 4, a rule prescribed under such section, or a rule approved under section 3(b)(6); or the student athlete fails to provide a copy of the agreement to an institution of higher education as required by paragraph (4).
During and immediately before and after an amateur intercollegiate athletic event or amateur intercollegiate athletic competition, an institution of higher education may prohibit a student athlete enrolled in such institution from engaging in promotional or endorsement activities in connection with a name, image, and likeness agreement. With respect to a student athlete enrolled in an institution of higher education who enters into a name, image, and likeness agreement, the student athlete shall, not later than 7 days after entering into the agreement, provide to the institution of higher education a copy of the agreement.
With respect to a student athlete who is or may be recruited to attend, but is not yet enrolled in, an institution of higher education and who enters into a name, image, and likeness agreement, the student athlete shall, before signing a letter of intent or athletics aid agreement or paying an admissions acceptance fee, provide to the institution of higher education a copy of all current and expired name, image, and likeness agreements entered into by the student athlete. A student athlete may file with the Board a complaint alleging that an intercollegiate athletics association, a conference, or an institution of higher education has punished or prohibited the participation of the student athlete in an amateur intercollegiate athletic event or amateur intercollegiate athletic competition in violation of subsection
(a)or (b). After providing notice and an opportunity to respond to an intercollegiate athletics association, conference, or institution of higher education against which a complaint of a student athlete is filed under paragraph (1), the Board shall issue an order— stating the findings of the Board regarding whether the association, conference, or institution has punished or prohibited the participation of the student athlete in violation of subsection
(a)or (b); and if the Board finds that the association, conference, or institution has punished or prohibited the participation of the student athlete in violation of subsection
(a)or (b), directing the association, conference, or institution— if such event or competition has not concluded when the order of the Board is issued, to remove the punishment or prohibition in such event or competition; and to remove or not impose any similar punishment or prohibition with respect to the agency contract or name, image, and likeness agreement in question in any such events or competitions in the future. In accordance with such rules as the Commission may prescribe, any student athlete or intercollegiate athletics association, conference, or institution of higher education subject to a final order of the Board under paragraph
(2)may obtain review of the order by the Commission. The Commission may uphold or reverse the order in whole or in part, including by modifying or adding a direction to the association, conference, or institution under subparagraph
(B)of such paragraph. In any review of an order of the Board under subparagraph (A), except when the Commission considers it necessary for the Commission to review the order de novo— the findings of the Board as to the facts, if supported by evidence, shall be conclusive; and the Commission shall apply the same standard of review as a reviewing court under section 706 of title 5, United States Code. Notwithstanding sections 4 and 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 ; 45(a)(2)) and any other jurisdictional limitation of the Commission, the Commission may review under subparagraph
(A)an order of the Board that applies to an intercollegiate athletics association, conference, or institution of higher education that is— not organized to carry on business for its own profit or that of its members; or a public institution. If, after the time for appeal to the Commission of an order of the Board under paragraph
(2)has expired or the Commission has issued a final decision in any such appeal, an intercollegiate athletics association, conference, or institution of higher education fails to comply with the order, the student athlete who filed the complaint to which the order relates may bring in an appropriate district court of the United States a civil action to obtain an injunction directing the association, conference, or institution to comply with the order. Section 3(b)(3) of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7802(b)(3) ) is amended by striking Warning to Student Athlete and all that follows through Within and inserting Notice to Student Athlete: Within .
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Sec. 6
Ability of student athletes to enter into agency contracts and name, image, and likeness agreements
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