rights granted to college athletes under this Act during 
the 1-year period preceding the date of the analysis. 
(c) REQUIREMENTS.—An eligible entity that receives 
a grant or enters into a contract or cooperative agreement 
to conduct an analysis under subsection (b) shall— 
(1) make the analysis and information relating 
to the analysis publicly available, including— 
(A) the surveys and interviews the eligible 
entity conducted during the course of the anal-
ysis; and 
(B) estimates of the compensation received 
by college athletes during the 1-year period pre-
ceding the date of the analysis as a result of 
the 
monetization 
of 
the 
names, 
images, 
likenesses, and athletic reputations of those col-
lege athletes, separated by— 
(i) gender; 
(ii) race; and 
(iii) sport; and 
(2) provide recommendations to the Secretary 
to address any disparate estimates described in 
paragraph (1)(B). 
(d) 
PUBLIC
AVAILABILITY
OF
RECOMMENDA-
TIONS.—The Secretary shall make any recommendations 
received under subsection (c)(2) publicly available. 
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(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to carry out this section. 
SEC. 5. ENFORCEMENT PROVISIONS. 
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— 
(1) IN GENERAL.—A violation of section 3 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)). 
(2) ACTIONS BY THE COMMISSION.—The Com-
mission shall enforce section 3 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. 
(3) ENFORCEMENT
RELATED
TO
NONPROFIT 
ORGANIZATIONS.—Notwithstanding 
section 
4, 
5(a)(2), or 6 of the Federal Trade Commission Act 
(15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional 
limitation of the Federal Trade Commission, the 
Commission shall also enforce this Act and the regu-
lations promulgated under this Act, in the same 
manner provided in paragraphs (1) and (2) of this 
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subsection, with respect to organizations not orga-
nized to carry on business for their own profit or 
that of their members. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN
GENERAL.—An individual who is ag-
grieved by a violation of section 3 may bring a civil 
action in an appropriate Federal district court of 
competent jurisdiction. 
(2) DAMAGES; COSTS AND ATTORNEY’S FEES.— 
A court may award to a prevailing party in a civil 
action brought under paragraph (1)— 
(A) actual damages sustained by the party 
as a result of the violation that is the subject 
of the action; and 
(B) the costs of the action and reasonable 
attorney’s fees. 
(c) SHERMAN ACT.—A violation of this Act shall be 
deemed to be a per se violation of the Sherman Act (15 
U.S.C. 1 et seq.) and subject to all remedies and rights 
afforded under that Act. 
SEC. 6. STATE PREEMPTION. 
(a) IN GENERAL.—A State may not enforce a State 
law relating to the ability of college athletes to enter into 
contracts for the use of their names, images, likenesses, 
or athletic reputations pursuant to this Act. 
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(b) EXCEPTION FOR THE CERTIFICATION OF ATH-
LETE AGENTS.—A State may enforce a State law or regu-
lation relating to the certification of athlete agents under 
the Sports Agent Responsibility and Trust Act (15 U.S.C. 
7801 et seq.). 
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act shall affect the treatment of 
qualified scholarships under section 117 of the Internal 
Revenue Code of 1986. 
Æ 
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