II 

116TH CONGRESS 

2D SESSION S. 5003 

To protect the rights of student athletes, to provide for transparency and 

accountability with respect to student athlete name, image, and likeness 

agreements, and to establish an independent entity for intercollegiate 

athletics, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2020 

Mr. WICKER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To protect the rights of student athletes, to provide for 

transparency and accountability with respect to student 

athlete name, image, and likeness agreements, and to 

establish an independent entity for intercollegiate athletics, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Collegiate Athlete 

5 Compensation Rights Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ASSOCIATION.—The term ‘‘association’’ 

2 means any organization that— 

3 (A) has as members 2 or more conferences 

4 or institutions; and 

5 (B) arranges championships and sets rules 

6 for varsity intercollegiate sports competition. 

7 (2) BOOSTER.—The term ‘‘booster’’ means an 

8 individual or entity that, in a calendar year, directly 

9 or indirectly, through an institution or any other in10 dividual or entity or in any other manner— 

11 (A) has provided a donation to obtain sea12 son tickets for any sport at an institution that 

13 exceeds the annual amount determined by the 

14 Entity; 

15 (B) has made a financial contribution di16 rectly to the athletics department or other ath17 letics management organization of an institu18 tion in an amount that exceeds the annual 

19 amount determined by the Entity; 

20 (C) is party to any license agreement for 

21 use of the trademarks of an institution in con22 nection with athletics under which the total 

23 payments exceed such amount; 

24 (D) has made any combination of such do25 nations, contributions, or license payments, or 


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1 has provided any other form of consideration in 

2 connection with an activity described in any of 

3 subparagraphs (A) through (C), that, in the ag4 gregate, exceed such amount; 

5 (E) has arranged or provided employment 

6 for 1 or more student athletes; or 

7 (F) has assisted, or been requested by an 

8 employee of an institution to assist, in the re9 cruitment of a prospective student athlete. 

10 (3) CERTIFICATION OFFICE.—The term ‘‘cer11 tification office’’ means the office established by the 

12 Entity under section 6(e)(2). 

13 (4) CERTIFIED AGENT.—The term ‘‘certified 

14 agent’’ means an athlete agent (as defined in section 

15 2 of the Sports Agent Responsibility and Trust Act 

16 (15 U.S.C. 7801))— 

17 (A) who is certified by the certification of18 fice as being in full compliance with all require19 ments established by the certification office; 

20 and 

21 (B) whose certification has not lapsed, ex22 pired, or been revoked. 

23 (5) COMMISSION.—The term ‘‘Commission’’ 

24 means the Federal Trade Commission. 


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1 (6) CONFERENCE.—The term ‘‘conference’’ 

2 means any organization or association that— 

3 (A) has as members 2 or more institutions; 

4 and 

5 (B) arranges championships and sets rules 

6 for varsity intercollegiate sports competition. 

7 (7) COST OF ATTENDANCE.—The term ‘‘cost of 

8 attendance’’— 

9 (A) has the meaning given the term in sec10 tion 472 of the Higher Education Act of 1965 

11 (20 U.S.C. 1087ll); and 

12 (B) shall be calculated by the financial aid 

13 office of each institution applying the same 

14 standards, policies, and procedures for all stu15 dents, including such amounts paid or provided 

16 by the institution for undergraduate and grad17 uate studies at the institution. 

18 (8) COVERED COMPENSATION.— 

19 (A) IN GENERAL.—The term ‘‘covered 

20 compensation’’ includes any form of payment or 

21 remuneration, including cash, benefits, awards, 

22 gifts, in-kind contributions, and any other form 

23 of payment or remuneration. 

24 (B) INCLUSIONS.—The term ‘‘covered 

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1 tion and payments for licensing or use of pub2 licity rights or for other intellectual or intan3 gible property rights under Federal or State 

4 law. 

5 (C) EXCLUSIONS.—The term ‘‘covered 

6 compensation’’ does not include the payment or 

7 provision of the following: 

8 (i) Tuition, room, board, books, fees, 

9 and personal expenses paid or provided by 

10 an institution up to the full cost of attend11 ance. 

12 (ii) Federal Pell Grants and other 

13 State and Federal grants unrelated to, and 

14 not awarded with respect to, participation 

15 in varsity intercollegiate sports competi16 tion. 

17 (iii) Health insurance and the costs of 

18 health care wholly or partly self-funded by 

19 an association, a conference, or an institu20 tion. 

21 (iv) Disability and loss of value insur22 ance that is wholly or partly self-funded by 

23 an association, a conference, or an institu24 tion. 


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1 (v) Career counseling or job place2 ment services available to all students at 

3 an institution. 

4 (vi) Payment of hourly wages and 

5 benefits for work actually performed (and 

6 not for participation in intercollegiate ath7 letics) at a rate commensurate with the 

8 prevailing rate in the locality of an institu9 tion for similar work. 

10 (9) DIVISION.—The term ‘‘division’’ means an 

11 organization of institutions— 

12 (A) the athletics programs of which com13 pete against each other at a similar level of 

14 competition; and 

15 (B) that is recognized by an association. 

16 (10) ENROLL.—With respect to a student ath17 lete, the term ‘‘enroll’’ means to receive passing 

18 grades, as determined by the applicable institution, 

19 for completing courses of instruction at such institu20 tion comprising not less than 12 percent of the cred21 its required for graduation from the institution. 

22 (11) ENTITY.—The term ‘‘Entity’’ means the 

23 independent entity for intercollegiate athletics se24 lected by the Commission under section 6(b). 


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1 (12) IMAGE.—The term ‘‘image’’, with respect 

2 to a student athlete, means a picture of the student 

3 athlete. 

4 (13) INSTITUTION.—The term ‘‘institution’’ 

5 means an institution of higher education (as defined 

6 in section 101 of the Higher Education Act of 1965 

7 (20 U.S.C. 1001)) that sponsors varsity intercolle8 giate sports competition in the United States. 

9 (14) INTERCOLLEGIATE ATHLETICS.—The term 

10 ‘‘intercollegiate athletics’’ means sports played at the 

11 collegiate level for which eligibility requirements for 

12 participation by student athletes are established by 

13 an association for the promotion or regulation of col14 legiate athletics. 

15 (15) LIKENESS.—The term ‘‘likeness’’, with re16 spect to a student athlete, means a physical or dig17 ital depiction or representation of the student ath18 lete. 

19 (16) LOSS OF VALUE INSURANCE.—The term 

20 ‘‘loss of value insurance’’ means insurance that pro21 tects the future contract value of a student athlete 

22 from decreasing below a predetermined amount due 

23 to significant injury or illness suffered by the stu24 dent athlete during the designated coverage period 

25 of the insurance policy. 


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1 (17) NAME.—The term ‘‘name’’, with respect to 

2 a student athlete, means the first or last name, or 

3 the nickname, of the student athlete when used in 

4 a context that reasonably identifies the student ath5 lete with particularity. 

6 (18) NAME, IMAGE, AND LIKENESS AGREE7 MENT.—The term ‘‘name, image, and likeness agree8 ment’’ means a contract or similar arrangement be9 tween a student athlete and a third-party licensee 

10 regarding the commercial use of the name, image, or 

11 likeness of the student athlete. 

12 (19) PUBLICITY RIGHT.—The term ‘‘publicity 

13 right’’— 

14 (A) means a right that is recognized under 

15 a Federal or State law that permits an indi16 vidual to control and profit from the commer17 cial use of the name, image, or likeness of the 

18 individual; and 

19 (B) includes any right that is licensed 

20 under a name, image, and likeness agreement. 

21 (20) SOCIAL MEDIA COMPENSATION.—The term 

22 ‘‘social media compensation’’ includes all forms of 

23 payment for engagement on social media received by 

24 a student athlete as a result of the use of the name, 

25 image, or likeness of the student athlete. 


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1 (21) STUDENT ATHLETE.—The term ‘‘student 

2 athlete’’ means any individual attending an institu3 tion who participates as a team member or compet4 itor in varsity intercollegiate sports competition 

5 sponsored by the institution. 

6 (22) THIRD-PARTY LICENSEE.— 

7 (A) IN GENERAL.—The term ‘‘third-party 

8 licensee’’ means any individual or entity that li9 censes publicity rights from any current or pro10 spective student athlete or groups of student 

11 athletes. 

12 (B) EXCLUSION.—The term ‘‘third-party 

13 licensee’’ does not include any association, con14 ference, or institution. 

15 (23) VARSITY INTERCOLLEGIATE SPORTS COM16 PETITION.—The term ‘‘varsity intercollegiate sports 

17 competition’’ means competition between and among 

18 collegiate sports teams that principally represent an 

19 institution at the highest level of competition. 

20 SEC. 3. PROTECTION OF STUDENT ATHLETE RIGHTS. 

21 (a) IN GENERAL.—Except as provided in section 4, 

22 an association, a conference, or an institution shall permit 

23 a student athlete— 

24 (1) to earn covered compensation, commensu25 rate with market value, for the use of the name, 


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1 image, or likeness of the student athlete while en2 rolled at an institution; and 

3 (2) to obtain and retain a certified agent for 

4 any matter or activity relating to such covered com5 pensation. 

6 (b) RESCISSION OF AGREEMENTS.—In the case of a 

7 student athlete who no longer participates in varsity inter8 collegiate sports competition, the student athlete may re9 scind a name, image, and likeness agreement with a re10 maining term of more than 1 year— 

11 (1) without being held liable for breach; and 

12 (2) with no obligation to return payments re13 ceived before giving notice of the rescission. 

14 (c) EDUCATIONAL RESOURCES.—The Entity shall 

15 provide educational resources to student athletes with re16 spect to earning covered compensation for the use of the 

17 name, image, or likeness of the student athlete. 

18 SEC. 4. PROHIBITIONS ON CERTAIN ACTIVITIES OF INSTI19 TUTIONS, BOOSTERS, AND THIRD-PARTY LI20 CENSEES. 

21 (a) RESTRICTIONS ON EARNING COVERED COM22 PENSATION.— 

23 (1) IN GENERAL.—An association, a conference, 

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1 ment that prevents or unduly restricts a student 

2 athlete from earning covered compensation for the 

3 use of the name, image, or likeness of the student 

4 athlete. 

5 (b) CLASSIFICATION OF STUDENT ATHLETES.—Not6 withstanding any other provision of Federal or State law, 

7 a student athlete shall not be considered an employee of 

8 an association, a conference, or an institution based on 

9 participation in varsity intercollegiate sports competition. 

10 (c) PAYMENT TO STUDENT ATHLETES OR FAMI11 LIES.—An institution may not, directly or indirectly, pro12 vide covered compensation to a student athlete or a pro13 spective student athlete, or to the family of a student ath14 lete or a prospective student athlete. 

15 (d) SCHOLARSHIPS.—An institution or an association 

16 may not revoke or impose a condition on an athletic schol17 arship of a student athlete based on the student athlete 

18 having earned covered compensation or having obtained 

19 a certified agent in accordance with this Act. 

20 (e) CONFLICTS WITH CONTRACTS OR RULES OF IN21 STITUTION.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), a third-party licensee may not enter into, 

24 or offer to enter into, a name, image, and likeness 

25 agreement with a student athlete that provides covVerDate Sep 11 2014 22:57 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5003.IS S5003

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1 ered compensation if a provision of the name, image, 

2 and likeness agreement conflicts with a provision of 

3 a contract, rule, regulation, standard, or other re4 quirement of the applicable institution. 

5 (2) EXCEPTION.—A third-party licensee may 

6 enter into, or offer to enter into, a name, image, and 

7 likeness agreement with a student athlete that con8 flicts with a provision of a contract, rule, regulation, 

9 standard, or other requirement of the applicable in10 stitution if— 

11 (A) the institution consents, in writing, to 

12 the name, image, and likeness agreement; or 

13 (B) the contract, rule, regulation, stand14 ard, or other requirement unduly restricts stu15 dent athletes from earning covered compensa16 tion for the use of the name, image, or likeness 

17 of the student athlete. 

18 (3) DISCLOSURES.— 

19 (A) CONFLICTS.—An institution asserting 

20 a conflict described in paragraph (1) shall dis21 close to the certified agent and the Entity each 

22 relevant term of the contract, rule, regulation, 

23 standard, or other requirement of the athletic 

24 team. 


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1 (B) RESTRICTIONS.—A certified agent as2 serting a restriction described in paragraph 

3 (2)(B) shall disclose to the Entity the nature of 

4 such restriction. 

5 (f) AGENT ACTIVITIES.—An individual may not carry 

6 out any agent activity or representation of a student ath7 lete with respect to a student athlete name, image, and 

8 likeness agreement unless the individual is a certified 

9 agent. 

10 (g) PROHIBITED AGREEMENTS.— 

11 (1) BOOSTER AGREEMENTS AND INDUCE12 MENTS.—An association, a conference, or an institu13 tion may prohibit a booster from providing covered 

14 compensation to, or entering into a name, image, 

15 and likeness agreement with, a student athlete or 

16 prospective student athlete as an inducement to at17 tend or enroll in or continue attending a specific in18 stitution or group of institutions. 

19 (2) OTHER PROHIBITED AGREEMENTS.—An as20 sociation, a conference, or an institution may pro21 hibit a student athlete from entering into a name, 

22 image, and likeness agreement with a third-party li23 censee relating to the name, image, or likeness of 

24 the student athlete— 


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1 (A) before the date on which the student 

2 athlete enrolls at an institution; or 

3 (B) for the promotion of gambling, tobacco 

4 or alcohol products, adult entertainment, or any 

5 other product or service that is reasonably con6 sidered to be inconsistent with the values of an 

7 institution. 

8 SEC. 5. TRANSPARENCY AND ACCOUNTABILITY RELATING 

9 TO NAME, IMAGE, AND LIKENESS AGREE10 MENTS AND STUDENT ATHLETE ENDORSE11 MENTS. 

12 (a) CONTRACT WITH CERTIFIED AGENT.—A cer13 tified agent may not enter into a representation agreement 

14 with a student athlete before the date on which the stu15 dent athlete is enrolled. 

16 (b) DISCLOSURES RELATING TO RECEIPT OF COV17 ERED COMPENSATION.—Not later than 5 days after the 

18 date on which a student athlete receives covered com19 pensation relating to a name, image, and likeness agree20 ment, the certified agent representing the student athlete 

21 shall report to the Entity— 

22 (1) the receipt and amount of such covered 

23 compensation; and 

24 (2) the terms and conditions of the agreement, 

25 including the name of each party to the agreement. 


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1 (c) LIMITATION ON DURATION OF ENDORSEMENT

2 ACTIVITIES.—To preserve the integrity of the educational 

3 programs of institutions, an institution or the Entity may 

4 impose reasonable limits on the amount of time a student 

5 athlete may spend to carry out endorsement activities re6 lating to a name, image, and likeness agreement. 

7 (d) ANNUAL REPORT.—Not less frequently than an8 nually, the Entity shall make available to the public on 

9 the internet website of the Entity, for the preceding 1- 

10 year period— 

11 (1) the total number of student athletes who 

12 have entered into name, image, and likeness agree13 ments; 

14 (2) the total number of student athletes eligible 

15 to earn covered compensation from third-party li16 censees as a result of name, image, and likeness 

17 agreements; 

18 (3) the total amount of covered compensation 

19 earned by student athletes, disaggregated by division 

20 and by conference; 

21 (4) the average amount of covered compensa22 tion earned by student athletes; 

23 (5) the average amount of covered compensa24 tion earned by student athletes, disaggregated by 

25 sport; and 


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1 (6) a detailed description of each name, image, 

2 and likeness agreement entered into, including, for 

3 each student athlete— 

4 (A) the terms and conditions of the name, 

5 image, and likeness agreement; 

6 (B) the amount of covered compensation; 

7 (C) the requirements of the student athlete 

8 for receiving such covered compensation; 

9 (D) the dates for which the name, image, 

10 and likeness agreement is in effect; and 

11 (E) any other information the Entity con12 siders relevant. 

13 SEC. 6. INDEPENDENT ENTITY FOR INTERCOLLEGIATE 

14 ATHLETICS. 

15 (a) IN GENERAL.—The independent entity for inter16 collegiate athletics shall be a private, independent, self17 regulatory, nonprofit corporation. 

18 (b) SELECTION OF INDEPENDENT ENTITY.— 

19 (1) IN GENERAL.—Subject to paragraph (2), 

20 the Commission may select an independent entity 

21 that meets the requirements described in this section 

22 to carry out the duties described in this section. In 

23 selecting the Entity, the Commission shall consider 

24 applications from individuals representing or under 

25 the jurisdiction of not less than 10 conferences. 


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1 (2) SPECIAL RULE.—If, not later than 180 days 

2 after the date of enactment of this Act, the Commis3 sion has not selected the Entity in accordance with 

4 paragraph (1), the Commission shall— 

5 (A) carry out the duties described in sub6 section (e), except that the Commission may 

7 use its existing enforcement procedures rather 

8 than those outlined in such subsection; and 

9 (B) establish and oversee an advisory com10 mittee in accordance with the requirements in 

11 the Federal Advisory Committee Act (5 U.S.C. 

12 App.), with membership as described in sub13 section (f)(2), to advise the Commission on the 

14 topics described in subsection (f)(1). 

15 (c) BOARD OF DIRECTORS.— 

16 (1) MEMBERSHIP.—The Entity shall be gov17 erned by a board of directors (in this section re18 ferred to as the ‘‘Board’’). 

19 (2) REPRESENTATION.—The Board shall be 

20 comprised of 15 voting members who shall include— 

21 (A) 3 representatives of student athletes 

22 attending an institution; 

23 (B) 3 representatives of athletics directors 

24 at institutions; 

25 (C) 3 representatives of conferences; 


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1 (D) 3 representatives of institutions of dif2 ferent sizes and geographical locations; and 

3 (E) 3 representatives of a variety of inter4 collegiate athletics teams. 

5 (3) CHAIR.—The chair of the Board shall be 

6 elected by a majority of the Board. 

7 (4) BYLAWS.—The Board shall be governed by 

8 bylaws for the operation of the Entity with respect 

9 to— 

10 (A) the administrative structure and em11 ployees of the Entity; 

12 (B) the establishment of standing commit13 tees; 

14 (C) the procedures for filling vacancies on 

15 the Board and the standing committees; 

16 (D) termination of membership; and 

17 (E) any other matter the Board considers 

18 necessary. 

19 (5) TERMS.— 

20 (A) IN GENERAL.—A member of the Board 

21 shall be appointed for a term of 3 years, except 

22 that of the members first appointed— 

(i) 1 23 ⁄3 of the members shall be ap24 pointed for 2 years; 


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(ii) 1 1 ⁄3 of the members shall be ap2 pointed for 3 years; and 

(iii) 1 3 ⁄3 of the members shall be ap4 pointed for 4 years. 

5 (B) LIMIT.—A member of the Board may 

6 serve for not more than 2 consecutive terms. 

7 (d) QUORUM.—For all items for which Board ap8 proval is required, the Board shall have present a majority 

9 of members. 

10 (e) DUTIES.— 

11 (1) DEVELOPMENT OF RULES.— 

12 (A) IN GENERAL.—The Entity shall de13 velop rules and standards— 

14 (i) with respect to, and consistent 

15 with, the requirements and prohibitions 

16 under sections 3 and 4; and 

17 (ii) to maintain fairness and integrity 

18 in amateur intercollegiate athletics and the 

19 principle of amateurism in intercollegiate 

20 athletic competition. 

21 (B) NAME, IMAGE, AND LIKENESS AGREE22 MENT RULES.—The Entity shall develop rules, 

23 consistent with sections 3 and 4, with respect to 

24 student athlete name, image, and likeness 

25 agreements. 


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1 (C) ANNUAL LIMITATION ON BOOSTER

2 CONTRIBUTIONS.—The Entity shall develop a 

3 rule limiting the annual amount of booster do4 nations, contributions, license payments, and 

5 any other form of consideration in connection 

6 with an activity described in section 2(2). 

7 (D) APPROVAL OF COMMISSION.—The 

8 rules and standards developed under this para9 graph shall be subject to approval by the Com10 mission in accordance with section 7(d). 

11 (2) ESTABLISHMENT OF CERTIFICATION OF12 FICE.— 

13 (A) IN GENERAL.—The Entity shall estab14 lish and maintain a certification office to carry 

15 out activities described in subparagraph (B). 

16 (B) ACTIVITIES OF CERTIFICATION OF17 FICE.— 

18 (i) TESTING PROGRAM.— 

19 (I) IN GENERAL.—The certifi20 cation office shall develop and admin21 ister a testing program for individuals 

22 seeking to become certified agents. 

23 (II) ELEMENTS.—The testing 

24 program shall be designed to ensure 

25 that each certified agent— 


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1 (aa) understands and is 

2 equipped to provide competent 

3 business advice to student ath4 letes with respect to publicity 

5 rights licensing; and 

6 (bb) has a reasonable work7 ing knowledge of relevant State 

8 publicity rights law and applica9 ble tax laws. 

10 (III) FREQUENCY OF TESTING.— 

11 The certification office shall conduct 

12 testing not less frequently than bien13 nially. 

14 (ii) STANDARDS OF CONDUCT.—The 

15 certification office shall develop and pub16 lish on a publicly available internet website 

17 of the Entity standards of conduct and 

18 ethics applicable to certified agents. 

19 (iii) CERTIFICATION.— 

20 (I) IN GENERAL.—The certifi21 cation office shall issue certificates to, 

22 and publish on a publicly available 

23 internet website of the Entity a list of, 

24 certified agents. 


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1 (II) LIST OF INDIVIDUALS NOT

2 CERTIFIED.—The certification office 

3 shall publish on a publicly available 

4 internet website of the Entity a list of 

5 individuals— 

6 (aa) who have attempted to 

7 obtain certification as certified 

8 agents, but have not been so cer9 tified; and 

10 (bb) whose certification as 

11 certified agents has been revoked 

12 as a result of an enforcement ac13 tion or any other action of the 

14 Entity. 

15 (3) AVAILABILITY OF INFORMATION.—Not less 

16 frequently than annually, the Entity shall compile 

17 and publish on a publicly available internet website 

18 of the Entity such extracts of data and information 

19 available from name, image, and likeness agreements 

20 as the Entity determines to be helpful to student 

21 athletes in evaluating certified agents and licensing 

22 opportunities for publicity rights. 

23 (4) GUIDANCE FOR STUDENT ATHLETES.— 

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1 net website of the Entity guidance for student 

2 athletes that— 

3 (i) explains the legal and business 

4 concepts to be considered in licensing pub5 licity rights; and 

6 (ii) specifically includes information 

7 concerning the implications of provisions 

8 that restrict a student athlete’s choice of 

9 institutions or bind the student athlete to 

10 long-term arrangements. 

11 (5) GRIEVANCE PROCEDURES.—The Entity 

12 shall establish procedures for— 

13 (A) addressing complaints and concerns 

14 from student athletes and institutions with re15 spect to certified agents; and 

16 (B) upon a showing that a certified agent 

17 has not competently represented the interests of 

18 1 or more student athletes or has failed to com19 ply with applicable standards of conduct and 

20 ethics, the revocation of certification of a cer21 tified agent. 

22 (6) ENFORCEMENT.— 

23 (A) IN GENERAL.—The Entity shall en24 force the rules and standards developed under 

25 paragraph (1) by imposing fines, penalties, and 


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1 sanctions, including revocation of agent certifi2 cations, for agents, institutions, conferences, 

3 and associations that violate any such rule or 

4 standard. 

5 (B) APPEALS STANDING COMMITTEE.— 

6 (i) IN GENERAL.—The Entity shall es7 tablish an appeals standing committee, to 

8 which any individual affected by an en9 forcement decision of the Entity may ap10 peal such decision. 

11 (ii) MEMBERSHIP.—The appeals 

12 standing committee shall be comprised of 7 

13 individuals selected by the nominating 

14 committee. 

15 (iii) CHAIR.—The chair of the appeals 

16 standing committee shall be elected by a 

17 majority of the appeals standing com18 mittee. 

19 (iv) ADVICE TO BOARD.—After hear20 ing an appeal on a decision of the Entity, 

21 the appeals standing committee shall ad22 vise the Board on whether to sustain or 

23 overrule the decision. 

24 (f) STUDENT ATHLETE HEALTH AND SAFETY

25 STANDING COMMITTEE.— 


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1 (1) IN GENERAL.—The Entity shall establish a 

2 student athlete health and safety standing com3 mittee, which shall provide advice and guidance to 

4 the Board on the development of standards to help 

5 prevent serious injury to and abuse of student ath6 letes. 

7 (2) MEMBERSHIP.—The student athlete health 

8 and safety standing committee shall be comprised of 

9 not more than 7 voting members who shall be se10 lected by the Board not later than 120 days after 

11 the date of the enactment of this Act, including indi12 viduals with experience relating to sports medicine. 

13 (3) CHAIR.—The chair of the student athlete 

14 health and safety standing committee shall be elect15 ed by a majority of the student athlete health and 

16 safety standing committee. 

17 (g) NOMINATING COMMITTEE.— 

18 (1) IN GENERAL.—The Entity shall establish a 

19 nominating committee. 

20 (2) MEMBERSHIP.—The nominating committee 

21 shall be comprised of 7 members selected from insti22 tutions, conferences, and divisions, except that the 

23 initial nominating committee members shall be set 

24 forth in the bylaws of the Entity. 


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1 (3) CHAIR.—The majority of the nominating 

2 committee shall elect the chair of the nominating 

3 committee. 

4 (4) DUTIES.—The nominating committee 

5 shall— 

6 (A) be responsible for appointing members 

7 to the Board in the event of a vacancy; 

8 (B) appoint members to each standing 

9 committee established under this section; and 

10 (C) appoint members to any other com11 mittee established by the Entity. 

12 (h) ADDITIONAL COMMITTEES.—The Entity may es13 tablish any additional committee the Board considers nec14 essary. 

15 (i) CONFLICTS OF INTEREST.—To avoid conflicts of 

16 interest, the following individuals may not be selected as 

17 a member of the Board or as a member of a standing 

18 committee or the nominating committee established under 

19 this section: 

20 (1) A booster. 

21 (2) A certified agent. 

22 (3) A third-party licensee. 


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1 SEC. 7. ENFORCEMENT AND REVIEW BY THE FEDERAL 

2 TRADE COMMISSION. 

3 (a) IN GENERAL.—A violation of this Act or any rule 

4 approved pursuant to subsection (d) shall be treated as 

5 a violation of a rule defining an unfair or deceptive act 

6 or practice prescribed under section 18(a)(1)(B) of the 

7 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

8 (b) ENFORCEMENT AUTHORITY.— 

9 (1) IN GENERAL.—The Commission shall en10 force this Act and any rule approved pursuant to 

11 subsection (d) in the same manner, by the same 

12 means, and with the same jurisdiction, powers, and 

13 duties as though all applicable terms and provisions 

14 of the Federal Trade Commission Act (15 U.S.C. 41 

15 et seq.) were incorporated into and made a part of 

16 this Act. 

17 (2) NONPROFIT ORGANIZATIONS.—Notwith18 standing section 4 of the Federal Trade Commission 

19 Act (15 U.S.C. 44) or any jurisdictional limitation 

20 of the Commission, the Commission shall also en21 force this Act and any rule approved pursuant to 

22 subsection (d) in the same manner provided in para23 graph (1), with respect to organizations not orga24 nized to carry on business for their own profit or 

25 that of their members. 


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1 (3) PENALTIES; PRIVILEGES AND IMMUNI2 TIES.—Any person who violates this Act or any rule 

3 approved pursuant to subsection (d) shall be subject 

4 to the penalties and entitled to the privileges and 

5 immunities provided in the Federal Trade Commis6 sion Act (15 U.S.C. 41 et seq.). 

7 (4) INTERVENTION.—The Commission shall 

8 have the right to intervene in any action brought by 

9 the Entity with respect to any violation of this Act 

10 or any rule approved pursuant to subsection (d). 

11 (5) ACTIONS BY THE FEDERAL TRADE COMMIS12 SION.—In any case in which an action is instituted 

13 by or on behalf of the Commission for any violation 

14 of this Act or any rule approved pursuant to sub15 section (d), the Entity may not, during the pendency 

16 of that action, institute an action under this Act 

17 against any defendant named in the complaint in 

18 that action for violation of such Act or rule. 

19 (c) APPEALS.—In accordance with such rules as the 

20 Commission may prescribe, any person subject to a final 

21 decision by the Board under section 6(e)(6) may obtain 

22 review by the Commission of such decision. 

23 (d) REVIEW OF PROPOSED RULES.— 

24 (1) IN GENERAL.—The Entity shall file with 

25 the Commission, in accordance with such rules as 


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1 the Commission may prescribe, copies of any pro2 posed rule or modification to any rule developed by 

3 the Entity under section 6(e)(1) (in this subsection 

4 referred to as a ‘‘proposed rule’’). 

5 (2) PUBLICATION.—The Commission shall pub6 lish a proposed rule filed under paragraph (1) and 

7 provide interested persons an opportunity to com8 ment. 

9 (3) TIMELINE.—Not later than 45 days after a 

10 proposed rule is published under paragraph (2), the 

11 Commission shall approve or disapprove the pro12 posed rule. 

13 (4) APPROVAL.—The Commission shall approve 

14 a proposed rule if the Commission finds that the 

15 proposed rule is consistent with the requirements 

16 and purposes of this Act. 

17 (5) PROHIBITION.—A proposed rule shall not 

18 take effect unless such rule has been approved by 

19 the Commission. 

20 SEC. 8. ROLE OF ASSOCIATIONS AND CONFERENCES. 

21 Associations and conferences may— 

22 (1) establish rules, consistent with this Act and 

23 the rules and standards developed in accordance 

24 with section 6(e)(1); and 

25 (2) enforce such rules by— 


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1 (A) declaring ineligible for competition a 

2 student athlete who receives payments in viola3 tion of this Act or any such rule or standard; 

4 and 

5 (B) withholding 1 or more revenue dis6 tributions from an institution that makes pay7 ments in violation of this Act or any such rule 

8 or standard. 

9 SEC. 9. LIMITATION OF LIABILITY. 

10 An institution, a conference, or an association that 

11 complies with the requirements under this Act shall not 

12 be subject to liability, based on action taken by the institu13 tion, conference, or association before the date of the en14 actment of this Act, under— 

15 (1) any Federal or State statute relating to 

16 trade or competition; or 

17 (2) any Federal or State statute relating to 

18 tortious interference based on concepts of unfair 

19 competition. 

20 SEC. 10. RELATIONSHIP TO STATE LAWS. 

21 No State or political subdivision of a State may es22 tablish or continue in effect any law, regulation, rule, re23 quirement, or standard that governs or regulates the com24 pensation, publicity rights, employment status, or eligi25 bility for competition of a student athlete, including any 


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1 provision that governs or regulates the commercial use of 

2 the name, image, or likeness of a student athlete. 

3 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated to the Com5 mission such sums as are necessary to carry out this Act. 

Æ 


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