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Code · BILL · 117th Congress · S. 4855 (Introduced in Senate) — To protect the rights of student athletes and to provide for transparency and accountability with respect to student... · Sec. 7

Sec. 7. Enforcement by the Commission

507 words·~2 min read·/bill/117/s/4855/is/section-7·

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Not later than 30 days after the date of the enactment of this Act, the Chair shall— establish within the Commission the Office of Sport (in this section referred to as the Office ); and appoint a Director of the Office (in this section referred to as the Director ). The purpose of the Office is to assist the Commission in protecting amateur, collegiate, and professional athletes from unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ).
The Director shall engage in activities that include— leading and coordinating the Commission’s work in furtherance of the purpose described in subsection (a)(2); coordinating and consulting with the Bureau of Consumer Protection of the Commission and the Bureau of Competition of the Commission; developing guidance and recommendations; and organizing public workshops, issuing reports, and providing educational materials. With respect to the implementation of this Act, the duties of the Office are as follows:
To establish a process for hearing, addressing, and resolving complaints, concerns, conflicts, and grievances from student athletes, institutions, conferences, athletic associations, certified agents, and third parties alleging violations of this Act or any rule or standard developed under this Act. To establish a certification process and set and enforce standards for, and maintain a registry of, certified agents. To determine the financial limits for boosters, as described in clauses
(i)and
(ii)of section 2(4)(A). On an ongoing basis and as necessary, to gather and compile information relating to the development and status of the student athlete name, image, and likeness market. To provide confidential guidance to student athletes. To develop rules to carry out the activities described in this paragraph. A violation of this Act or any rule or standard developed pursuant to subsection (b)(2) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce this Act and any rule or standard developed pursuant to subsection (b)(2) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Notwithstanding section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and any rule or standard developed pursuant to subsection (b)(2) in the same manner provided in paragraph (1), with respect to organizations not organized to carry on business for their own profit or that of their members. Any person who violates this Act or any rule or standard developed pursuant to subsection (b)(2) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ).
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Sec. 7
Enforcement by the Commission
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