S.Amdt. 6785

SA 6785. Ms. BALDWIN (for herself, Mr. Durbin, Mr. Welch, Mr.
Whitehouse, Mr. Schiff, and Mr. Blumenthal) submitted an amendment
intended to be proposed by her to the bill S. 4668, to protect the
name, image, and likeness rights of, and provide protections for,
student athletes and to promote fair competition among intercollegiate
athletics, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 121 and insert the following:

SEC. 121. RELATIONSHIP TO EXISTING LAW.

(a) In General.--No State or political subdivision of a
State may adopt, maintain, enforce, or continue in effect any
law, regulation, rule, requirement, or standard that--
(1) directly governs, regulates, or invalidates policies or
rules of an institution, a conference, or an intercollegiate
athletic association that regulates--
(A) the compensation to a student athlete or prospective
student athlete for the use of their name, image, or
likeness, except as necessary to comply with this title;
(B) transfers of student athletes between institutions; or
(C) any provision described in subsection (a)(1)-(3) or (b)
of section 113 with respect to the eligibility of a student
athlete to participate in intercollegiate athletics; or
(2) has the primary purpose and effect of directly
governing, regulating, or invalidating policies or rules of
an institution, a conference, or an intercollegiate athletic
association with respect to anything described in
subparagraph (A), (B), or (C) of paragraph (1).
(b) Preservation of State Laws.--Subject to subsection (a),
nothing in this Act shall preempt any State law, regulation,
rule, requirement, or standard with respect to the following:
(1) Uniform Athlete Agent Acts.
(2) Civil rights laws.
(3) Tort law.
(4) Criminal law.
(5) Laws that relate to student or campus safety.
(6) Fraud.
(7) Privacy or data breach.
(8) Contract law.
(9) Trademark law.
(10) Copyright law.
(11) Consumer protection law.
(12) Personal injury, including psychological injury.
(13) Wrongful death.
(14) Property damage.
(15) Sexual assault.
(16) Injury.
(17) Harassment.
(18) Any cause of action derivative of any of paragraphs
(12) through (17).
(c) Rules of Construction.--
(1) Antitrust laws.--To the extent liability for violations
of the antitrust laws is not limited by this title,
subsection (a) shall not be construed to preempt, displace,
or supplant the antitrust laws.
(2) Federal trademark and copyright law.--Nothing in this
title or the amendments made by this title may be construed
to override, modify, or amend the applicability of Federal
trademark or copyright law.
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