S.Amdt. 6826

SA 6826. Ms. BALDWIN (for herself and Mr. Kaine) 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:
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) conflicts with any provision of this title that would
prevent compliance with this title; or
(2) 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), (a)(2),
(a)(3), or (b) of section 113 relating to the eligibility of
a student athlete to participate in intercollegiate
athletics.
(b) Preservation of State Laws.--The following State laws,
rules, regulations, or requirements, or common law rights or
remedies shall not be preempted, displaced, or supplanted:
(1) Except to the extent that such law, rule, regulation,
requirement, or common law right or remedy conflicts with
subsection (a), the following:
(A) Uniform Athlete Agent Acts.
(B) Civil rights laws.
(C) Tort law, unless otherwise specified in paragraph (2).
(D) Criminal law, unless otherwise specified in paragraph
(2).
(E) Laws that relate to privacy or data breach.
(F) Contract law.
(G) Trademark law.
(H) Copyright law.
(I) Consumer protection law, unless otherwise specified in
paragraph (2).
(2) Except to the extent that such law, rule, regulation,
or requirement, or common law right or remedy conflicts with
subsection (a)(2), any law, rule, regulation, or requirement,
or common law right or remedy, whether statutory or common
law, that gives rise to a cause of action for the following:
(A) Personal injury, including psychological injury.
(B) Wrongful death.
(C) Property damage.
(D) Sexual assault.
(E) Harassment.
(F) Fraud.
(G) Injury resulting from abuse or hazing of a student
athlete, including physical or sexual abuse.
(H) Injury resulting from deficient student or campus
safety measures.
(I) Injury resulting from a failure to provide greater
protections to student athletes than those provided by the
health, wellness, and safety standards under subsections (a)
and (b) of section 107.
(J) Any related cause of action that is derivative of any
of subparagraphs (A) through (I).
(c) Rule of Construction.--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.
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