S. 4668 — what changed

“(6) Intercollegiate athletic association—The term intercollegiate athletic association has the meaning given that term in section 100 of Protect College Sports Act of 2026”

“(4) enter into an agency contract or represent a student athlete in a manner that violates section 9;

“(5) charge a student athlete a fee in connection with an endorsement contract that exceeds 5 percent of the value of the endorsement contract;

“(6) enter into an agency contract with an athlete for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sport;

“(7) make any materially false, deceptive, or fraudulent representation as an athlete agent, including any materially false, deceptive, or fraudulent statement to a student athlete or prospective student athlete that misrepresents the existence, nature, or value of a name, image, or likeness opportunity the athlete agent can arrange on behalf of the student athlete or prospective student athlete through recruitment or transfer to an institution (as defined in section 100 of the Protect College Sports Act of 2026); or

“(8) make a materially false, deceptive, or fraudulent statement in the application for registration as an athlete agent.”

“5A. Private right of action

“(a) In general—Any current or former student athlete alleging a violation of paragraphs (4) through (8) of section 3(a), section 9, or section 10 may bring a civil action in an appropriate district court of the United States or in an appropriate State court.

“(b) Relief—In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award—

“(1) a declaratory judgment that a name, image, or likeness agreement (as defined in section 100 of the Protect College Sports Act of 2026) or an agency contract, as applicable, is null and void; and

“(2) actual damages.

“(c) Attorney’s fees and costs—In a civil action brought under subsection (a) in which the defendant is not an institution (as defined in section 100 of the Protect College Sports Act of 2026), the court may, in its discretion, award reasonable attorney’s fees and litigation costs to the prevailing party.

“(d) Invalidity of pre-Dispute arbitration agreements and pre-Dispute joint action waivers

“(1) In general—Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this Act.

“(2) Applicability—Any determination as to whether or how paragraph (1) applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator.

“(3) Definitions—In this subsection:

“(A) Pre-dispute arbitration agreement—The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement.

“(B) Pre-dispute joint-action waiver—The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.”

“9. Registration of athlete agents and other requirements

“(a) In general—An athlete agent who seeks to represent a student athlete in an endorsement contract shall—

“(1) register with a State before representing a student athlete for an endorsement contract; and

“(2) enter into an agency contract with the student athlete before providing representation in an endorsement contract.

“(b) Registration established—An individual is deemed to be registered with a State for purposes of this section if the individual is—

“(1) a registered professional sports agent with a professional sports league or players association, in good standing; or

“(2) registered and certified under the All State Uniform Agent Acts in the State in which the agent operates, in good standing.

“(c) Certification to intercollegiate athletic associations

“(1) Requirement—An athlete agent that represents a student athlete shall certify to each applicable intercollegiate athletic association that the athlete agent is registered with a State.

“(2) Prohibition—It is unlawful for an individual to certify to an intercollegiate athletic association that the individual is an athlete agent if the individual is not registered with a State.

“(d) Requirements for agency contracts—To be a valid contract, an agency contract shall—

“(1) state the name of each party to the contract;

“(2) state the term of the contract;

“(3) state the registration information for the athlete agent; and

“(4) state the fee or commission charged by the athlete agent.

“10. Endorsement contract requirements

“(a) Requirements for endorsement contracts—An endorsement contract made in interstate or foreign commerce is, at the option of the student athlete, void from the inception of such contract if such contract does not satisfy the following requirements:

“(1) The contract is in writing.

“(2) The contract plainly states that the student athlete has the right to obtain or retain an athlete agent or legal representation with respect to the contract.

“(3) The contract contains—

“(A) a description of services rendered;

“(B) the names of each party to the contract;

“(C) the terms of the contract;

“(D) the amount of compensation to be provided to the student athlete under the contract;

“(E) a provision specifying the circumstance or event that would result in the termination of the contract due to nonperformance of obligations by the student athlete or other parties to the contract; and

“(F) a provision specifying that the validity and effectiveness of the contract, and the provision of compensation to the student athlete under the contract, is not conditioned upon any express or implicit requirement that the student athlete enroll or remain enrolled at an institution or reside in a particular location within the United States, unless the party making the contract with the student athlete is an institution, conference, associated entity, or collective affiliated with the institution and the contract is entered into after the student athlete has enrolled at such institution.

“(4) The contract is not for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sports, if such contract is between a student athlete and an institution, intercollegiate athletic association, conference, associated entity, or collective.”