Sec. 9. National Collegiate Athletic Association
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/bill/118/s/2495/is/section-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The National Collegiate Athletic Association or its designee shall— establish— rules to govern and provide oversight of institutions of higher education, including the duties of institutions of higher education under section 7; and a process by which such rules may be enforced; establish and maintain processes— by which third parties shall register with the National Collegiate Athletic Association; and for regulating third parties; establish and maintain a mechanism for certifying and regulating third parties that provide compensation to student athletes under name, image, or likeness contracts; develop and maintain— a list of permissible activities for registered third parties; a uniform standard name, image, or likeness contract for use in all name, image, or likeness activities; and the educational resources described in subsection
(a)of section 7 and the financial literacy curriculum and programming described in subsection
(b)of that section; and establish a dispute resolution process for student athletes who assert a violation of this Act, under which a student athlete may select arbitration. The National Collegiate Athletic Association shall— conduct investigations and audits to assess compliance with this Act; and not less frequently than annually, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report with respect to such compliance. In the case of a violation of this Act or a potential violation of any other Federal law by an agent, third party, institution of higher education, conference, or student athlete, the National Collegiate Athletic Association may— revoke licenses to participate in name, image, or likeness activities; with respect to a violation of this Act, refer the matter to the Federal Trade Commission as an unfair and deceptive act or practice for enforcement; and with respect to a violation of any other Federal law, refer the matter to the appropriate Federal agency for enforcement. The National Collegiate Athletic Association shall not have the authority to approve name, image, or likeness contracts for legality or appropriateness. In the case of a failure by the National Collegiate Athletic Association to carry out the duties under this section, the Federal Trade Commission may commence an investigation of such failure and impose penalties, including— a penalty for an unfair and deceptive act or practice; and revocation of tax-exempt status. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Federal Trade Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that summarizes any investigation or enforcement action brought by the Federal Trade Commission or the National Collegiate Athletic Association under this Act during the preceding year, including the number of complaints filed with the Federal Trade Commission under this Act. The disclosure of a name, image, or likeness contract to the National Collegiate Athletic Association may not be construed as an approval by the National Collegiate Athletic Association of the contract with respect to the legal requirements of the contract.