Modernizing the Collegiate Student Athlete Experience Act
This bill establishes the National Intercollegiate Compensation Corporation, a government corporation that operates under the Federal Trade Commission to set rules and guidelines for how student athletes can be paid for their name, image, and likeness.
The corporation shall be funded by fees collected from registered athlete agents and third-party licensees, or from athlete agents and third-party licensees in connection with an application for registration with the corporation.
The corporation must maintain and make publicly available on its website a searchable and updated database of registered athlete agents and registered third-party licensees.
The bill restricts compensation provided by third parties and preempts state laws governing the commercial use of the name, image, or likeness of a student athlete.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3379 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3379
To establish a government corporation to oversee student athlete agents
and third-party licensees of student athlete publicity rights, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Mr. Chabot introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish a government corporation to oversee student athlete agents
and third-party licensees of student athlete publicity rights, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Modernizing the
Collegiate Student Athlete Experience Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of National Intercollegiate Compensation
Corporation.
Sec. 3. Oversight of athlete agents and third-party licensees.
Sec. 4. Covered compensation provided by third parties.
Sec. 5. Enforcement by Federal Trade Commission.
Sec. 6. Ability of student athletes to enter into agency contracts and
name, image, and likeness agreements.
Sec. 7. Role of intercollegiate athletics associations and conferences.
Sec. 8. Employment matters.
Sec. 9. Limitation of liability.
Sec. 10. Preemption.
Sec. 11. Definitions.
SEC. 2. ESTABLISHMENT OF NATIONAL INTERCOLLEGIATE COMPENSATION
CORPORATION.
(a) Establishment.--There is established a government corporation,
to be known as the ``National Intercollegiate Compensation
Corporation'', which shall not for any purpose be an agency or
instrumentality of the United States Government and shall be subject to
the provisions of this Act.
(b) Membership in Corporation.--
(1) In general.--The members of the Corporation shall be
institutions of higher education.
(2) Eligibility.--The criteria for an institution of higher
education to be eligible to be a member of the Corporation
shall be provided in the constitution and bylaws of the
Corporation.
(c) Board of Directors.--
(1) In general.--The Corporation shall be governed by a
Board of Directors.
(2) Membership.--
(A) In general.--The Board shall be composed of the
following:
(i) One representative from each of the top
10 conferences in annual revenue (as determined
under subparagraph (B)), who shall be chosen by
the conference and shall serve a term of 3
years.
(ii) One representative from each of the 5
geographic regions of institutions of higher
education that are not members of a conference
described in clause (i), who shall be chosen by
the institutions of higher education of the
region and shall serve a term of 3 years.
(iii) Two former corporate executives, who
shall be selected as provided in subparagraph
(D) and shall serve a term of 2 years.
(iv) Three representatives of an
intercollegiate athletics association, who
shall be selected by the association and shall
serve a term to be determined by the
association.
(v) One former student athlete from each of
the 5 geographic regions, who shall be chosen
by vote of the current student athletes in the
region and shall serve a term of 3 years.
(B) Determination of annual revenue.--For purposes
of subparagraph (A)(i), the annual revenue of a
conference--
(i) except as provided in clause (ii),
shall be the average of the annual revenue of
the conference published in intercollegiate
athletics association financial data for the 3
most recent years for which published
intercollegiate athletics association financial
data is available; and
(ii) after the date that is 5 years after
the date of the enactment of this Act, may be
determined using the method described in clause
(i) or by an alternative method established by
the Board.
(C) Determination of 5 geographic regions.--For
purposes of subparagraph (A), the 5 geographic regions
shall be determined by an intercollegiate athletics
association.
(D) Selection of former corporate executive
members.--The members of the Board described in
subparagraph (A)(iii) shall be selected--
(i) in the case of the members initially
serving under such subparagraph, by an
intercollegiate athletics association; and
(ii) in the case of any members
subsequently serving under such subparagraph,
by the Board in accordance with criteria for
selection that the Board shall establish.
(3) Chair.--The Chair of the Board shall be selected by the
Board from among the members of the Board.
(4) Meetings.--The Board shall hold at least 2 in-person
meetings each year.
(5) Majority vote.--Any decision of the Board shall require
an affirmative vote by a majority of the members of the Board
present at the meeting.
(6) Subcommittees.--The Board may create subcommittees to
oversee adjudications, investigations, and other matters before
the Board.
(7) Disclosures to commission.--Each member of the Board
shall file an annual disclosure with the Commission to limit
conflicts of interest.
(8) Compensation.--Members of the Board shall serve without
pay but may receive reimbursement from the Corporation for
travel, lodging, and meal expenses incurred as a result of
official duties performed as members of the Board.
(d) Funding.--
(1) Fees; self-funding.--The Corporation shall be funded by
fees collected from registered athlete agents and registered
third-party licensees, or from athlete agents and third-party
licensees in connection with application for registration with
the Corporation.
(2) No funding from institutions of higher education or
federal government.--The Corporation may not receive any funds
from an institution of higher education or the Federal
Government.
(3) Use of funds.--The Corporation may only use funds
received by the Corporation to--
(A) carry out the functions of the Corporation
under this Act; or
(B) promote intercollegiate athletics.
(e) Governance and Powers.--
(1) Constitution and bylaws.--The Board shall adopt a
constitution and bylaws for the Corporation.
(2) General corporate powers.--The Corporation may--
(A) establish and maintain offices to conduct the
affairs of the Corporation;
(B) enter into contracts, and accept gifts,
legacies, and devises, in furtherance of the duties of
the Corporation under this Act;
(C) acquire, own, lease, encumber, and transfer
property as necessary to carry out the duties of the
Corporation under this Act;
(D) borrow money, issue instruments of
indebtedness, and secure its obligations by granting
security interests in its property as necessary to
carry out the duties of the Corporation under this Act;
(E) publish a magazine, newsletter, and other
publications consistent with the duties of the
Corporation under this Act;
(F) approve and revoke membership in the
Corporation; and
(G) conduct any other activity necessary and proper
to carry out the duties of the Corporation under this
Act.
(f) Restrictions.--
(1) Profit and stock.--The Corporation may not engage in
business for profit or issue stock.
(2) Political activities.--The Corporation shall be
nonpolitical and may not promote or oppose the candidacy of an
individual seeking public office.
(g) Headquarters, Principal Office, and Meetings.--The Corporation
shall maintain its principal office and national headquarters in a
location in the United States decided by the Corporation. The
Corporation may hold its annual and special meetings in the places
decided by the Corporation.
SEC. 3. OVERSIGHT OF ATHLETE AGENTS AND THIRD-PARTY LICENSEES.
(a) Registration Required.--
(1) Athlete agents.--It shall be unlawful for an athlete
agent to enter into an agency contract with a student athlete,
or to directly or indirectly recruit or solicit a student
athlete to enter into an agency contract, unless such athlete
agent is a registered athlete agent.
(2) Third-party licensees.--It shall be unlawful for a
third-party licensee to license publicity rights from any
student athlete or group of student athletes, unless such
third-party licensee is a registered third-party licensee.
(b) Rules for Athlete Agents and Third-Party Licensees.--
(1) In general.--The Board shall adopt rules that--
(A) provide for how athlete agents and third-party
licensees may register with the Corporation; and
(B) govern the conduct of registered athlete agents
and registered third-party licensees.
(2) Biannual disclosures.--The rules adopted under
paragraph (1) shall require each registered athlete agent and
each registered third-party licensee to file with the
Corporation a biannual disclosure that lists each agency
contract or name, image, and likeness agreement entered into by
such athlete agent or third-party licensee during the period
covered by the disclosure and summarizes the material terms of
such contract or agreement, including any terms relating to
price or compensation.
(3) Compliance tests.--The rules adopted under paragraph
(1) shall require each registered athlete agent and each
registered third-party licensee to take and pass, at least
every 2 years, a compliance test developed by the Corporation
that evaluates--
(A) the ability of the athlete agent or third-party
licensee to comply with the rules adopted under
paragraph (1) and approved under paragraph (6); and
(B) the compliance of the athlete agent or third-
party licensee with such rules during the preceding 2-
year period.
(4) Limitation on duration of contracts and agreements.--
The rules adopted under paragraph (1) shall prohibit a
registered athlete agent or registered third-party licensee
from entering into an agency contract or name, image, and
likeness agreement with a student athlete unless such contract
or agreement--
(A) has a term of not more than 5 years; and
(B) permits either party to terminate such contract
or agreement without penalty at any time before the end
of the term of such contract or agreement.
(5) Arbitration.--The rules adopted under paragraph (1) may
require a registered athlete agent or registered third-party
licensee to submit a dispute with a student athlete under an
agency contract or name, image, and likeness agreement to
arbitration by a neutral party.
(6) Rules subject to commission approval.--
(A) In general.--A rule adopted under paragraph (1)
or any amendment to or repeal of such a rule (in this
paragraph referred to as a ``proposed rule'') may not
take effect unless such proposed rule has been approved
by the Commission.
(B) Filing with commission.--The Board shall file
with the Commission, in accordance with such rules as
the Commission may prescribe, copies of any proposed
rule.
(C) Publication.--The Commission shall publish a
proposed rule filed under subparagraph (B) and provide
interested persons an opportunity to comment.
(D) Timeline.--Not later than 45 days after a
proposed rule is published under subparagraph (C), the
Commission shall approve or disapprove the proposed
rule.
(E) Standard for approval.--The Commission shall
approve a proposed rule if the Commission finds that
the proposed rule is consistent with the requirements
and purposes of this Act.
(c) Database of Registered Athlete Agents and Registered Third-
Party Licensees.--The Corporation shall maintain, and make publicly
available on the website of the Corporation, a searchable and updated
database of registered athlete agents and registered third-party
licensees, including the biannual disclosures filed by each such agent
or licensee under subsection (b)(2).
(d) Investigations.--
(1) In general.--The Corporation may investigate violations
of subsection (a) and the rules approved under subsection
(b)(6).
(2) Subpoena power.--
(A) In general.--The Board may issue subpoenas
requiring the attendance and testimony of witnesses and
the production of any evidence relating to any matter
that the Corporation is empowered to investigate by
paragraph (1). The attendance of witnesses and the
production of evidence may be required from any place
within the United States at any designated place of
hearing within the United States.
(B) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued under subparagraph
(A), the Board may apply to a United States district
court for an order requiring such person to appear
before the Board to give testimony, produce evidence,
or both, relating to the matter under investigation.
The application may be made within the judicial
district where the hearing is conducted or where such
person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished
by the court as civil contempt.
(C) Service of subpoenas.--The subpoenas of the
Board shall be served in the manner provided for
subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure for the
United States district courts.
(D) Service of process.--All process of any court
to which application is made under subparagraph (B) may
be served in the judicial district in which the person
required to be served resides or may be found.
(e) Enforcement of Rules by Board.--
(1) In general.--If, after notice to a registered athlete
agent or a registered third-party licensee and an opportunity
for such agent or licensee to respond, the Board finds that
such agent or licensee has violated a rule approved under
subsection (b)(6), the Board may suspend the registration of
such agent or licensee for not more than 3 years.
(2) Appeal to commission.--
(A) In general.--In accordance with such rules as
the Commission may prescribe, any registered athlete
agent or registered third-party licensee subject to a
final decision by the Board under paragraph (1) may
obtain review by the Commission of such decision. The
Commission may uphold or reverse such decision in whole
or in part, including by reducing the period of any
suspension of the registration of the athlete agent or
third-party licensee.
(B) Standard of review.--In any review of a
decision of the Board under subparagraph (A), except
when the Commission considers it necessary for the
Commission to review the decision de novo--
(i) the findings of the Board as to the
facts, if supported by evidence, shall be
conclusive; and
(ii) the Commission shall apply the same
standard of review as a reviewing court under
section 706 of title 5, United States Code.
(f) Referral of Violations of Law to Appropriate Federal
Agencies.--If the Board becomes aware of a violation or potential
violation of Federal law by an athlete agent, third-party licensee,
institution of higher education, intercollegiate athletics association,
conference, or student athlete, the Board shall refer the matter to the
appropriate Federal agency.
(g) Best Practices and Templates for Contracts and Agreements.--The
Corporation shall--
(1) conduct studies to develop best practices and templates
for agency contracts and name, image, and likeness agreements;
and
(2) make the best practices and templates developed under
paragraph (1), including any updates to such best practices and
templates, publicly available on the website of the
Corporation.
SEC. 4. COVERED COMPENSATION PROVIDED BY THIRD PARTIES.
The provision of covered compensation to a student athlete who is
enrolled, or may in the future enroll, in an institution of higher
education--
(1) may only be promised, paid, or permitted if the covered
compensation is sourced from, and provided at the discretion
of, a third party; and
(2) may not be promised, paid, or permitted to induce--
(A) the recruitment of a student athlete to any
institution of higher education or group of
institutions of higher education; or
(B) a student athlete to continue attending a
particular institution of higher education.
SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
3(a) or 4, or a rule prescribed under such section, 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)).
(b) Actions by Commission.--The Commission shall enforce sections
3(a) and 4, and the rules prescribed under such sections, 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.
(c) Rulemaking Authority.--The Commission may prescribe rules in
accordance with section 553 of title 5, United States Code, to
implement this Act.
SEC. 6. ABILITY OF STUDENT ATHLETES TO ENTER INTO AGENCY CONTRACTS AND
NAME, IMAGE, AND LIKENESS AGREEMENTS.
(a) Agency Contracts.--An intercollegiate athletics association, a
conference, or an institution of higher education may not punish or
prohibit the participation of a student athlete in an amateur
intercollegiate athletic event or amateur intercollegiate athletic
competition based on the student athlete having entered into an agency
contract with a registered athlete agent.
(b) Name, Image, and Likeness Agreements.--
(1) In general.--Except as provided in paragraph (2), an
intercollegiate athletics association, a conference, or an
institution of higher education may not punish or prohibit the
participation of a student athlete in an amateur
intercollegiate athletic event or amateur intercollegiate
athletic competition based on the student athlete having
entered into a name, image, and likeness agreement with a
registered third-party licensee.
(2) Exceptions.--An intercollegiate athletics association,
a conference, or an institution of higher education may
prohibit the participation of a student athlete in an amateur
intercollegiate athletic event or amateur intercollegiate
athletic competition based on the student athlete having
entered into a name, image, and likeness agreement with a
registered third-party licensee if--
(A) the agreement violates--
(i) the code of student conduct of such
intercollegiate athletics association,
conference, or institution of higher education;
or
(ii) section 4, a rule prescribed under
such section, or a rule approved under section
3(b)(6); or
(B) the student athlete fails to provide a copy of
the agreement to an institution of higher education as
required by paragraph (4).
(3) Limitation.--During and immediately before and after an
amateur intercollegiate athletic event or amateur
intercollegiate athletic competition, an institution of higher
education may prohibit a student athlete enrolled in such
institution from engaging in promotional or endorsement
activities in connection with a name, image, and likeness
agreement.
(4) Disclosures.--
(A) Enrolled athletes.--With respect to a student
athlete enrolled in an institution of higher education
who enters into a name, image, and likeness agreement,
the student athlete shall, not later than 7 days after
entering into the agreement, provide to the institution
of higher education a copy of the agreement.
(B) Recruited athletes.--With respect to a student
athlete who is or may be recruited to attend, but is
not yet enrolled in, an institution of higher education
and who enters into a name, image, and likeness
agreement, the student athlete shall, before signing a
letter of intent or athletics aid agreement or paying
an admissions acceptance fee, provide to the
institution of higher education a copy of all current
and expired name, image, and likeness agreements
entered into by the student athlete.
(c) Enforcement.--
(1) Complaint by student athlete.--A student athlete may
file with the Board a complaint alleging that an
intercollegiate athletics association, a conference, or an
institution of higher education has punished or prohibited the
participation of the student athlete in an amateur
intercollegiate athletic event or amateur intercollegiate
athletic competition in violation of subsection (a) or (b).
(2) Order by board.--After providing notice and an
opportunity to respond to an intercollegiate athletics
association, conference, or institution of higher education
against which a complaint of a student athlete is filed under
paragraph (1), the Board shall issue an order--
(A) stating the findings of the Board regarding
whether the association, conference, or institution has
punished or prohibited the participation of the student
athlete in violation of subsection (a) or (b); and
(B) if the Board finds that the association,
conference, or institution has punished or prohibited
the participation of the student athlete in violation
of subsection (a) or (b), directing the association,
conference, or institution--
(i) if such event or competition has not
concluded when the order of the Board is
issued, to remove the punishment or prohibition
in such event or competition; and
(ii) to remove or not impose any similar
punishment or prohibition with respect to the
agency contract or name, image, and likeness
agreement in question in any such events or
competitions in the future.
(3) Appeal to commission.--
(A) In general.--In accordance with such rules as
the Commission may prescribe, any student athlete or
intercollegiate athletics association, conference, or
institution of higher education subject to a final
order of the Board under paragraph (2) may obtain
review of the order by the Commission. The Commission
may uphold or reverse the order in whole or in part,
including by modifying or adding a direction to the
association, conference, or institution under
subparagraph (B) of such paragraph.
(B) Standard of review.--In any review of an order
of the Board under subparagraph (A), except when the
Commission considers it necessary for the Commission to
review the order de novo--
(i) the findings of the Board as to the
facts, if supported by evidence, shall be
conclusive; and
(ii) the Commission shall apply the same
standard of review as a reviewing court under
section 706 of title 5, United States Code.
(C) Jurisdiction of commission.--Notwithstanding
sections 4 and 5(a)(2) of the Federal Trade Commission
Act (15 U.S.C. 44; 45(a)(2)) and any other
jurisdictional limitation of the Commission, the
Commission may review under subparagraph (A) an order
of the Board that applies to an intercollegiate
athletics association, conference, or institution of
higher education that is--
(i) not organized to carry on business for
its own profit or that of its members; or
(ii) a public institution.
(4) Injunctive relief.--If, after the time for appeal to
the Commission of an order of the Board under paragraph (2) has
expired or the Commission has issued a final decision in any
such appeal, an intercollegiate athletics association,
conference, or institution of higher education fails to comply
with the order, the student athlete who filed the complaint to
which the order relates may bring in an appropriate district
court of the United States a civil action to obtain an
injunction directing the association, conference, or
institution to comply with the order.
(d) Conforming Amendment.--Section 3(b)(3) of the Sports Agent
Responsibility and Trust Act (15 U.S.C. 7802(b)(3)) is amended by
striking ``Warning to Student Athlete'' and all that follows through
``Within'' and inserting ``Notice to Student Athlete: Within''.
SEC. 7. ROLE OF INTERCOLLEGIATE ATHLETICS ASSOCIATIONS AND CONFERENCES.
Nothing in this Act may be construed to prohibit an intercollegiate
athletics association or conference from--
(1) adopting rules, consistent with this Act and the rules
approved under section 3(b)(6); and
(2) enforcing the rules adopted by the association or
conference under paragraph (1) by--
(A) declaring ineligible for competition a student
athlete who, directly or indirectly (including through
a family member of the student athlete acting on behalf
of the student athlete), receives payments in violation
of this Act or any such rule; and
(B) withholding 1 or more revenue distributions
from an institution of higher education that makes
payments in violation of this Act or any such rule.
SEC. 8. EMPLOYMENT MATTERS.
Notwithstanding any other provision of Federal or State law, a
student athlete may not be considered an employee of an intercollegiate
athletics association, a conference, or an institution of higher
education based on the participation of such student athlete in amateur
intercollegiate athletic events or amateur intercollegiate athletic
competitions.
SEC. 9. LIMITATION OF LIABILITY.
An intercollegiate athletics association, a conference, or an
institution of higher education that complies with the requirements
under this Act shall not be subject to liability, based on action taken
by the intercollegiate athletics association, conference, or
institution of higher education before the date of the enactment of
this Act, under--
(1) any Federal or State statute relating to trade or
competition; or
(2) any Federal or State statute relating to tortious
interference based on concepts of unfair competition.
SEC. 10. PREEMPTION.
No State or political subdivision of a State may establish or
continue in effect any law, regulation, rule, requirement, or standard
that governs or regulates the compensation, publicity rights,
employment status, or eligibility for competition of a student athlete,
including any provision that governs or regulates the commercial use of
the name, image, or likeness of a student athlete.
SEC. 11. DEFINITIONS.
In this Act:
(1) Agency contract.--The term ``agency contract'' means a
written agreement in which a student athlete authorizes an
individual to negotiate or solicit on behalf of the student
athlete a name, image, and likeness agreement.
(2) Amateur intercollegiate athletic competition.--The term
``amateur intercollegiate athletic competition'' means any
varsity game, meet, or other competition between or among teams
sponsored by institutions of higher education.
(3) Amateur intercollegiate athletic event.--
(A) In general.--The term ``amateur intercollegiate
athletic event'' means a game, meet, competition,
banquet, practice, conditioning session, media session,
or any other event relating to varsity intercollegiate
athletics that has been organized or authorized by an
athletics representative of an institution of higher
education or by an intercollegiate athletics
association or conference, regardless of whether such
event occurs on or off the campus of an institution of
higher education or during or outside the season for
competition.
(B) Inclusion.--The term ``amateur intercollegiate
athletic event'' includes travel to and from any event
described in subparagraph (A).
(4) Athlete agent.--
(A) In general.--The term ``athlete agent'' means
an individual who enters into an agency contract with a
student athlete, or directly or indirectly recruits or
solicits a student athlete to enter into an agency
contract.
(B) Exclusion.--The term ``athlete agent'' does not
include a spouse, parent, sibling, grandparent, or
guardian of such student athlete, any legal counsel for
purposes other than that of representative agency, or
an individual acting solely on behalf of a professional
sports team or professional sports organization.
(5) Athletics booster.--The term ``athletics booster''
means any individual or entity that, directly or indirectly,
through any other individual or entity or in any other manner--
(A) has provided 1 or more donations exceeding
$5,000, in the aggregate, to obtain season tickets for
any sport at an institution of higher education;
(B) has made 1 or more financial contributions
exceeding $5,000, in the aggregate, to the athletics
department or other athletics management organization
of an institution of higher education; or
(C) has assisted, or been requested by an employee
of an institution of higher education to assist, in the
recruitment of a student athlete.
(6) Board.--The term ``Board'' means the Board of Directors
of the Corporation.
(7) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(8) Conference.--The term ``conference'' means any
organization or association that--
(A) has as members 2 or more institutions of higher
education; and
(B) arranges championships and sets rules for
varsity intercollegiate sports competition.
(9) Corporation.--The term ``Corporation'' means the
National Intercollegiate Compensation Corporation established
by section 2(a).
(10) Cost of attendance.--The term ``cost of attendance''--
(A) has the meaning given the term in section 472
of the Higher Education Act of 1965 (20 U.S.C. 1087ll);
and
(B) shall be calculated by the financial aid office
of each institution applying the same standards,
policies, and procedures for all students, including
such amounts paid or provided by the institution for
undergraduate and graduate studies at the institution.
(11) Covered compensation.--
(A) In general.--The term ``covered compensation''
means any form of payment or remuneration, including
cash, benefits, awards, gifts, in-kind contributions,
and any other form of payment or remuneration.
(B) Inclusions.--The term ``covered compensation''
includes social media compensation and payments for
licensing or use of publicity rights or for other
intellectual or intangible property rights under
Federal or State law.
(C) Exclusions.--The term ``covered compensation''
does not include the payment or provision of the
following:
(i) Tuition, room, board, books, fees, and
personal expenses paid or provided by an
institution of higher education up to the full
cost of attendance.
(ii) Federal Pell Grants and other State
and Federal grants unrelated to, and not
awarded with respect to, participation in
varsity intercollegiate sports competition.
(iii) Health insurance and the costs of
health care wholly or partly self-funded by an
intercollegiate athletics association, a
conference, or an institution of higher
education.
(iv) Disability and loss of value insurance
that is wholly or partly self-funded by an
intercollegiate athletics association, a
conference, or an institution of higher
education.
(v) Career counseling or job placement
services available to all students at an
institution of higher education.
(vi) Payment of hourly wages and benefits
for work actually performed (and not for
participation in intercollegiate athletics) at
a rate commensurate with the prevailing rate in
the locality of an institution of higher
education for similar work.
(12) Former student athlete.--The term ``former student
athlete'' means a student athlete who is no longer eligible to
participate in intercollegiate athletics.
(13) Image.--The term ``image'', with respect to a student
athlete, means a picture or video of the student athlete.
(14) Institution of higher education.--The term
``institution of higher education'' means an institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that sponsors varsity
intercollegiate sports competition in the United States.
(15) Intercollegiate athletics.--The term ``intercollegiate
athletics'' means sports played at the collegiate level for
which eligibility requirements for participation by student
athletes are established by an association for the promotion or
regulation of collegiate athletics.
(16) Intercollegiate athletics association.--The term
``intercollegiate athletics association'' means any
organization or association that--
(A) has as members 2 or more conferences; and
(B) arranges championships and sets rules for
varsity intercollegiate sports competition.
(17) Likeness.--The term ``likeness'', with respect to a
student athlete, means a physical or digital depiction or
representation of the student athlete.
(18) Loss of value insurance.--The term ``loss of value
insurance'' means insurance that protects the future contract
value of a student athlete from decreasing below a
predetermined amount due to significant injury or illness
suffered by the student athlete during the designated coverage
period of the insurance policy.
(19) Name.--The term ``name'', with respect to a student
athlete, means the first or last name of, the nickname of, or
any other personal identifier of or directly related to the
student athlete, when used in a context that reasonably
identifies the student athlete with particularity.
(20) Name, image, and likeness agreement.--The term ``name,
image, and likeness agreement'' means a contract or similar
arrangement between a student athlete and a third-party
licensee regarding the commercial use of the name, image, or
likeness of the student athlete.
(21) Publicity right.--The term ``publicity right''--
(A) means a right that is recognized under a
Federal or State law that permits an individual to
control and profit from the commercial use of the name,
image, or likeness of the individual; and
(B) includes any right that is licensed under a
name, image, and likeness agreement.
(22) Registered athlete agent.--The term ``registered
athlete agent'' means an athlete agent that is registered with
the Corporation under section 3.
(23) Registered third-party licensee.--The term
``registered third-party licensee'' means a third-party
licensee that is registered with the Corporation under section
3.
(24) Social media compensation.--The term ``social media
compensation'' includes all forms of payment for engagement on
social media received by a student athlete as a result of the
use of the name, image, or likeness of the student athlete.
(25) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(26) Student athlete.--The term ``student athlete'' means
any individual enrolled in an institution of higher education
who participates, or any individual who may be recruited to
enroll in such an institution and participate, as a team member
or competitor in varsity intercollegiate sports competition
sponsored by the institution of higher education.
(27) Third party.--The term ``third party'' means an
individual or entity that--
(A) is not an athletics department or an athletics
booster of an institution of higher education; and
(B) is unaffiliated with an athletics department or
an athletics booster of an institution of higher
education.
(28) Third-party licensee.--
(A) In general.--The term ``third-party licensee''
means any individual or entity that licenses publicity
rights from any student athlete or group of student
athletes.
(B) Exclusion.--The term ``third-party licensee''
does not include any intercollegiate athletics
association, conference, or institution of higher
education.
(29) Unaffiliated.--With respect to 2 or more individuals
or entities, the term ``unaffiliated'' means that the
individuals or entities do not share interrelated operations,
common management, centralized control of labor relations, or
common ownership or financial control.
(30) Varsity intercollegiate sports competition.--The term
``varsity intercollegiate sports competition'' means
competition between and among collegiate sports teams that
principally represent an institution of higher education at the
highest level of competition.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
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