I 
118TH CONGRESS 
1ST SESSION H. R. 3630 
To prohibit certain entities from barring a student athlete from participating 
in intercollegiate athletics as a result of such student athlete entering 
into an endorsement contract, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2023 
Mr. CAREY (for himself and Mr. LANDSMAN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Education and the Workforce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To prohibit certain entities from barring a student athlete 
from participating in intercollegiate athletics as a result 
of such student athlete entering into an endorsement 
contract, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Student Athlete Level Playing Field Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Ability of student athletes to enter agency and endorsement contracts. 
Sec. 3. Covered Athletic Organization Commission. 
Sec. 4. Institutions of higher education and student athletes who enter into en-
dorsement contracts. 
Sec. 5. Prohibiting unfair or deceptive acts or practices against student ath-
letes. 
Sec. 6. Registration of certain agents. 
Sec. 7. State preemption. 
Sec. 8. Rules of construction. 
Sec. 9. Sense of Congress. 
Sec. 10. Definitions. 
SEC. 2. ABILITY OF STUDENT ATHLETES TO ENTER AGENCY 
AND ENDORSEMENT CONTRACTS. 
(a) IN GENERAL.—A covered athletic organization or 
institution of higher education may not prohibit a student 
athlete from participating in intercollegiate athletics as a 
result of such student athlete entering into an agency con-
tract or an endorsement contract, or otherwise receiving 
consideration for the name, image, or likeness of such stu-
dent athlete. 
(b) LIMITATION ON ATHLETIC DEPARTMENTS.—An 
agreement under which consideration is provided to a stu-
dent athlete for use of the name, image, or likeness of 
the student athlete, including such an agreement between 
an institution of higher education and a student athlete, 
may not be negotiated, drafted, or funded by the athletic 
department of the institution of higher education of the 
student athlete or an institutional employee who reports 
to such athletic department. 
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(c) INSIGNIA PROHIBITIONS.—A student athlete may 
be prohibited, by the institution of higher education of the 
student athlete, from wearing an item of clothing or gear 
with the insignia of an entity during an athletic competi-
tion or athletic-related event that is sponsored by the insti-
tution. 
(d) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a) shall be treated 
as a violation of a regulation under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS
OF
COMMISSION.—The Federal 
Trade Commission shall enforce subsection (a) 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 incor-
porated into and made a part of this Act. Any per-
son who violates such subsection shall be subject to 
the penalties and entitled to the privileges and im-
munities provided in the Federal Trade Commission 
Act. 
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(3) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to limit the authority of 
the Federal Trade Commission under any other pro-
vision of law. 
SEC. 3. COVERED ATHLETIC ORGANIZATION COMMISSION. 
(a) ESTABLISHMENT.—There is established the Cov-
ered Athletic Organization Commission (in this section re-
ferred to as the ‘‘Commission’’), the purpose of which shall 
be to make recommendations— 
(1) to Congress and covered athletic organiza-
tions, on the implementation of name, image, and 
likeness rules; 
(2) to covered athletic organizations, on a proc-
ess for certifying or recognizing credentialed athlete 
agents; and 
(3) on the establishment of an independent dis-
pute resolution process for disputes arising between 
a student athlete and a covered athletic organization 
or an institution of higher education. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Commission shall con-
sist of 13 members appointed from among the fol-
lowing: 
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(A) Representatives of institutions of high-
er education, including athletic directors and 
coaches. 
(B) Individuals who are current or former 
student athletes and who advocate for the inter-
ests of student athletes. 
(C) Administrators of covered athletic or-
ganizations. 
(D) Professionals with expertise in sports 
marketing, contracting, and public relations. 
(E) Individuals— 
(i) with expertise in corporate govern-
ance; and 
(ii) who are not associated with a cov-
ered athletic organization or institution of 
higher education. 
(2) STUDENT ATHLETE ADVOCATES.—At least 
2 individuals described in paragraph (1)(B) shall be 
appointed to the Commission. 
(c) APPOINTMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, 12 members 
of the Commission shall be appointed as follows: 
(A) 3 members appointed by the Speaker 
of the House of Representatives. 
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(B) 3 members appointed by the minority 
leader of the House of Representatives. 
(C) 3 members appointed by the majority 
leader of the Senate. 
(D) 3 members appointed by the minority 
leader of the Senate. 
(2) CHAIR.— 
(A) APPOINTMENT.—Not later than 60 
days after the appointment of the initial 12 
members of the Commission under paragraph 
(1), 1 member shall be appointed to the Com-
mission by such members, upon agreement of 8 
such members on the individual to be ap-
pointed. 
(B) RESULT
OF
INABILITY
TO
REACH 
AGREEMENT.—If agreement on an individual to 
be appointed as a member of the Commission 
under subparagraph (A) is not reached during 
the time period described in that subparagraph, 
the Speaker of the House of Representatives 
shall make the appointment of such member. 
(C) POSITION AS CHAIR OF THE COMMIS-
SION.—The member appointed to the Commis-
sion under this paragraph shall be the chair of 
the Commission. 
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(3) DIVERSITY.—To the extent practicable, the 
individuals making appointments under paragraphs 
(1) and (2) shall coordinate their appointments to 
ensure that the Commission reflects diversity with 
respect to gender, race, and sport of association, as 
applicable, and shall prioritize the appointment of 
members unaffiliated with a division or conference of 
a covered athletic organization. 
(d) MEETINGS AND QUORUM.— 
(1) MEETING AT CALL OF CHAIR.—Meetings of 
the Commission shall be held at the call of the chair 
of the Commission. 
(2) QUORUM.—A meeting of the Commission 
may only be held if there is a quorum of at least 7 
members, including not fewer than 2 members who 
are individuals described in subsection (b)(1)(B). 
(e) REPORT.—Not later than 1 year after the Com-
mission is constituted, and annually thereafter during the 
subsequent 2-year period, the Commission shall submit to 
the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, and make 
available to the public, a report on the activities of the 
Commission that includes the recommendations made 
under subsection (a). 
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(f) SUNSET.—The Commission shall terminate on the 
date that is 60 days after the date on which the Commis-
sion submits the final report required under subsection 
(e). 
SEC. 4. INSTITUTIONS OF HIGHER EDUCATION AND STU-
DENT 
ATHLETES 
WHO 
ENTER 
INTO 
EN-
DORSEMENT CONTRACTS. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)) is amended by adding at the end the 
following: 
‘‘(30) In the case of an institution that has a 
student attending the institution who is an athlete 
at the institution and who is entering into an en-
dorsement contract (as defined in section 2 of the 
Sports Agent Responsibility and Trust Act (15 
U.S.C. 7801)) or an agency contract (as defined in 
section 10 of the Student Athlete Level Playing 
Field Act), such institution will not prohibit such 
student from entering into such contract, including 
through a rule, standard, or policy that affects the 
eligibility of such student to receive athletically re-
lated student aid (as defined in section 485(e) of 
this Act).’’. 
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SEC. 5. PROHIBITING UNFAIR OR DECEPTIVE ACTS OR 
PRACTICES AGAINST STUDENT ATHLETES. 
(a) PROHIBITING UNFAIR OR DECEPTIVE ACTS OR 
PRACTICES BY BOOSTERS.—The Sports Agent Responsi-
bility and Trust Act (15 U.S.C. 7801 et seq.) is amend-
ed— 
(1) in section 2— 
(A) 
by 
redesignating 
paragraphs 
(4) 
through (9) as paragraphs (5) through (10), re-
spectively; and 
(B) by inserting after paragraph (3) the 
following new paragraph: 
‘‘(4) BOOSTER.—The term ‘booster’ means an 
individual (other than an individual who is related to 
an applicable student athlete) or an organization (in-
cluding a sponsor) that provides substantial financial 
assistance or services to the athletic program of an 
educational institution or that promotes a team or 
athletic program of an educational institution for 
purposes of the substantial financial interest of the 
individual or organization.’’; 
(2) by inserting after section 3 the following 
new section: 
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‘‘SEC. 3A. REGULATION OF UNFAIR OR DECEPTIVE ACTS OR 
PRACTICES IN CONNECTION WITH CONTACT 
BETWEEN A BOOSTER AND A STUDENT ATH-
LETE. 
‘‘It is unlawful for a booster to directly or indirectly 
provide or offer to provide any funds or thing of value 
as an inducement for a student athlete to enroll at a spe-
cific educational institution or group of such institutions, 
including that a booster may not orally or in writing enter 
into a contract or agreement with a prospective student 
athlete to provide the prospective student athlete with con-
sideration for the use of the name, image, or likeness of 
the prospective student athlete until the prospective stu-
dent athlete enrolls full time at the relevant institution.’’; 
and 
(3) in section 5(a)(1), by inserting ‘‘or by the 
engagement of a booster in a practice that violates 
section 3A of this Act’’ after ‘‘section 3 of this Act’’. 
(b) ELIGIBILITY TO COMPETE AS A STUDENT ATH-
LETE AFTER ENTERING INTO AN AGENCY CONTRACT.— 
(1) IN
GENERAL.—Section 3(b)(3) of the 
Sports Agent Responsibility and Trust Act (15 
U.S.C. 7802(b)(3)) is amended by striking ‘‘boldface 
type stating:’’ and all that follows through the end 
of the paragraph and inserting the following: ‘‘bold-
face type stating: ‘Notice to Student Athlete: If you 
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agree orally or in writing to be represented by an 
agent now or in the future, both you and the agent 
you are agreeing to be represented by must notify 
the athletic director of the educational institution at 
which you are enrolled, or another individual respon-
sible for the athletic programs at such educational 
institution, that you have entered into an agency 
contract. Such notification must be made within 72 
hours after entering into the agreement or before 
the next athletic event in which you are eligible to 
participate, whichever occurs first.’.’’. 
(2) CLEARINGHOUSE.— 
(A) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of this 
Act, the Federal Trade Commission shall estab-
lish a clearinghouse for endorsement contracts 
entered into by student athletes and athlete 
agents who represent student athletes. 
(B) 
AGREEMENT
DISCLOSURE
RE-
QUIRED.— 
(i) IN GENERAL.—The Federal Trade 
Commission shall require each student ath-
lete and each athlete agent who represents 
student athletes to disclose to the clearing-
house established under subparagraph (A) 
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each endorsement contract entered into by 
such student athlete or such agent with a 
value of more than $500. 
(ii) TIMING.—Disclosure of a contract 
under clause (i) shall be made not later 
than 72 hours after agreement on the con-
tract. 
(C) NOTIFICATION
OF
INSTITUTIONS.— 
The Clearinghouse established under subpara-
graph (A) shall notify the relevant institution of 
higher education about each contract disclosed 
under this paragraph and shall make such dis-
closures available to the public on a regular 
basis. 
(c) REPORT ON CLAIMS FILED PURSUANT TO THE 
SPORTS AGENT RESPONSIBILITY AND TRUST ACT.—The 
Sports Agent Responsibility and Trust Act (15 U.S.C. 
7801 et seq.), as amended by this Act, is further amended 
by inserting after section 6 the following new section: 
‘‘SEC. 6A. REPORT TO CONGRESS. 
‘‘Not later than 180 days after the date of the enact-
ment of this section, and annually thereafter, the Commis-
sion shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
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a report summarizing any investigations or enforcement 
actions brought by the Commission pursuant to this Act 
during the preceding 1-year period, including the number 
of complaints filed with the Commission pursuant to this 
Act during such period.’’. 
SEC. 6. REGISTRATION OF CERTAIN AGENTS. 
(a) PROGRAM.—Not later than 180 days after the 
date of the enactment of this Act, the Federal Trade Com-
mission shall establish a program to register athlete 
agents for student athletes. 
(b) REGISTRATION REQUIRED.—Upon establishment 
of the program required under subsection (a), a person 
who enters into an agency contract with a student athlete 
shall register with the Federal Trade Commission as an 
athlete agent for student athletes. 
(c) NO COST
FOR REGISTRATION.—The Federal 
Trade Commission may not charge a fee in relation to a 
registration under this section. 
(d) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (b) shall be treated 
as a violation of a regulation under section 
18(a)(1)(B) of the Federal Trade Commission Act 
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(15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS
OF
COMMISSION.—The Federal 
Trade Commission shall enforce subsection (b) 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 incor-
porated into and made a part of this Act. Any per-
son who violates such subsection shall be subject to 
the penalties and entitled to the privileges and im-
munities provided in the Federal Trade Commission 
Act. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to limit the authority of 
the Federal Trade Commission under any other pro-
vision of law. 
SEC. 7. STATE PREEMPTION. 
No State may enforce a State law or regulation with 
respect to permitting or abridging the ability of a student 
athlete attending an institution of higher education to 
enter into an endorsement contract or agency contract 
pursuant to this Act or an amendment made by this Act. 
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SEC. 8. RULES OF CONSTRUCTION. 
(a) TAX.—Nothing in this Act, or the amendments 
made by this Act, may be construed to affect the treat-
ment of qualified scholarships under section 117 of the 
Internal Revenue Code of 1986. 
(b) NONDISCRIMINATION.—Nothing in this Act, or 
the amendments made by this Act, may be construed to 
affect the rights of student athletes, or affect any program 
funded, under title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.). 
(c) ANTITRUST.—Nothing in this Act, or the amend-
ments made by this Act, may be construed to provide a 
cause of action pursuant to the Sherman Act (15 U.S.C. 
1 et seq.). 
(d) EMPLOYEE STATUS.—Nothing in this Act, or the 
amendments made by this Act, may be construed to affect 
the employment status of a student athlete who enters into 
an endorsement contract with respect to a covered athletic 
organization or an institution of higher education. 
SEC. 9. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) institutions of higher education and covered 
athletic organizations should develop a course or 
program to assist student athletes with financial lit-
eracy with respect to entering into endorsement con-
tracts; and 
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(2) the Federal Trade Commission should in-
vestigate each claim filed pursuant to the Sports 
Agent Responsibility and Trust Act (15 U.S.C. 7801 
et seq.). 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) AGENCY
CONTRACT.—The term ‘‘agency 
contract’’ means an oral or written agreement under 
which a student athlete authorizes a person to nego-
tiate or solicit an endorsement contract on behalf of 
the student athlete. 
(2) ATHLETE
AGENT.—The term ‘‘athlete 
agent’’ has the meaning given that term in section 
2 of the Sports Agent Responsibility and Trust Act 
(15 U.S.C. 7801). 
(3) COVERED ATHLETIC ORGANIZATION.—The 
term ‘‘covered athletic organization’’ means an ath-
letic association, conference, or other organization 
with authority over intercollegiate athletics or that 
administers intercollegiate athletics. 
(4) ENDORSEMENT CONTRACT.—The term ‘‘en-
dorsement contract’’ has the meaning given such 
term in section 2 of the Sports Agent Responsibility 
and Trust Act (15 U.S.C. 7801). 
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(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
(6) STUDENT
ATHLETE.—The term ‘‘student 
athlete’’ has the meaning given that term in section 
2 of the Sports Agent Responsibility and Trust Act 
(15 U.S.C. 7801). 
Æ 
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