S.Amdt. 6808

SA 6808. Mrs. MOODY submitted an amendment intended to be proposed to
amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself, Ms.
Cantwell, Mr. Schmitt, and Mr. Coons)) 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:

At the end of title II, add the following:

SEC. 208. NO PRIVATE EQUITY IN COLLEGE ATHLETICS.

The Sports Broadcasting Act of 1961, as amended by this
title, is amended by adding at the end the following:

``SEC. 10. PROHIBITION ON PARTICIPATION BY PRIVATE EQUITY
FUNDS.

``(a) Private Equity Fund Defined.--In this section, the
term `private equity fund' has the meaning given the term in
section 13(h)(2) of the Bank Holding Company Act of 1956 (12
U.S.C. 1851(h)(2)).
``(b) Media Rights.--A private equity fund may not provide
any funding, resources, or financial incentives to any
conference or institution for the purpose of enticing any
conference or institution to participate in the voluntary
pooling of media rights under section 5.
``(c) Conference Mergers and Acquisitions.--A private
equity fund may not provide any funding, resources, or
financial incentives to any entity for the purpose of merging
or acquiring a conference or institution or creating a new
conference or intercollegiate athletic association in
violation of the prohibition under section 7.
``(d) Return on Investment or Revenue Sharing.--A private
equity fund may not provide any funding, resources, or
financial incentives to any athletic department of an
institution for the purposes of a financial agreement whereby
the providing private equity fund stands to earn a return on
investment or share of revenue from the receiving
institution.
``(e) Penalties.--A private equity fund that violates a
prohibition described in this section shall be subject to the
penalties described in section 217 of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-17).''.
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