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Code · BILL · 118th Congress · S. 2495 (Introduced in Senate) — To protect student athletes, ensure fair competition and compensation, and preserve intercollegiate athletics, and fo... · Sec. 8

Sec. 8. Enforcement

672 words·~3 min read·/bill/118/s/2495/is/section-8·

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A violation under section 3 or 6 of this Act shall be treated as an unfair or deceptive act or practice under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ). The Federal Trade Commission shall enforce section 3 and 6 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 part of this Act.
Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. et seq.). Nothing in this Act or any other provision of Federal law may be construed to authorize or permit the Federal Trade Commission to prescribe or promulgate any rule or regulation with respect to any act, practice, or conduct under by this Act. Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.
The Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 et seq. ) is amended— in section 2 ( 15 U.S.C. 7801 )— by redesignating paragraphs (4), (5), (6), (7), (8), and
(9)as paragraphs (5), (6), (8), (9), (10), and (11), respectively; by inserting after paragraph
(3)the following new paragraph: The term booster means any individual or entity that has— provided a donation— to an institution of higher education to obtain season tickets for any sport; or to support the athletics program at an institution of higher education; participated in or has been a member of an organization promoting in any way the varsity intercollegiate athletics programs of an institution of higher education; or made a financial contribution to the athletic department, athletics foundation, collective, or booster organization affiliated with an institution of higher education. ; by inserting after paragraph (6), as redesignated, the following: The term institution of higher education means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). ; and by adding at the end the following: The term third party means— a person, other than an institution of higher education or a student athlete, that— offers, solicits, or enters into a name, image, or likeness contract; or offers or provides name, image, or likeness compensation; an entity that is affiliated with an institution of higher education, yet operates independently of the institution of higher education, that generates funding to support opportunities for student athletes to enter into name, image, or likeness contracts; or an entity that is, refers to itself as, or is colloquially referred to as, a collective. ; by inserting after section 3 ( 15 U.S.C. 7802 ) the following: It is unlawful for a booster or a third party to directly or indirectly provide or offer to provide any funds or thing of value as an inducement to a student athlete to enroll in, transfer from, or remain at a specific institution of higher education or group of institutions of higher education. ; and in section 5(a)(1) ( 15 U.S.C. 7804(a)(1) ), by inserting or by the engagement of any booster or third party in a practice that violates section 3A of this Act after section 3 of this Act . 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 inserting Notice to Student Athlete: If you agree orally or in writing to be represented by an agent now or in the future, or enter into a name, image, or likeness contract, you, the agent by whom you are agreeing to be represented, and any other booster or third party must notify the institution of higher education in which you are enrolled that you have entered into an agency or name, image, or likeness contract. Warning to Student Athlete: .
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Sec. 8
Enforcement
U.S.C.§ 45
U.S.C.§ 41
U.S.C.§ 7801
U.S.C.§ 1001
U.S.C.§ 7802
U.S.C.§ 7804
Cites 6Cited by 0 across 0 sources
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