II 

117TH CONGRESS 

2D SESSION S. 4855 

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

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

likeness agreements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2022 

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 and to provide 

for transparency and accountability with respect to student athlete name, image, and likeness agreements, 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) ATHLETIC ASSOCIATION.—The term ‘‘ath2 letic association’’ means any organization or other 

3 group that— 

4 (A) has 2 or more conferences as members; 

5 and 

6 (B) arranges, sets rules for, or regulates 

7 varsity intercollegiate sports competition. 

8 (2) ATHLETIC DEPARTMENT.—The term ‘‘ath9 letic department’’ means a department at an institu10 tion responsible for sponsoring 1 or more varsity 

11 intercollegiate athletic programs. 

12 (3) APPROPRIATE COMMITTEES OF CON13 GRESS.—The term ‘‘appropriate committees of Con14 gress’’ means— 

15 (A) the Committee on Commerce, Science, 

16 and Transportation and the Committee on 

17 Health, Education, Labor, and Pensions of the 

18 Senate; and 

19 (B) the Committee on Energy and Com20 merce and the Committee on Education and 

21 Labor of the House of Representatives. 

22 (4) BOOSTER.—With respect to an institution, 

23 the term ‘‘booster’’ means— 


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1 (A) an individual or entity that, directly or 

2 indirectly, through any other individual or enti3 ty or in any other manner— 

4 (i) has provided a donation to obtain 

5 season tickets for any varsity intercolle6 giate athletic program at the institution 

7 that exceeds the annual amount deter8 mined by the Commission; 

9 (ii) has made a financial contribution 

10 directly to the athletic department or other 

11 athletics management organization of the 

12 institution in an amount that exceeds the 

13 annual amount determined by the Commis14 sion; 

15 (iii) is party to any agreement for use 

16 of the trademarks of the institution in con17 nection with any varsity intercollegiate ath18 letic program under which the total pay19 ments exceed such amount; 

20 (iv) has made any combination of 

21 such financial donations, contributions, ex22 penditures, or payments in connection with 

23 an activity described in any of clauses (i) 

24 through (iii), that, in the aggregate, exceed 

25 such amount; 


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1 (v) has arranged or provided employ2 ment for 1 or more student athletes; or 

3 (vi) has assisted, or been requested by 

4 an employee of the institution to assist, in 

5 the recruitment of a prospective student 

6 athlete; and 

7 (B) includes any entity, group or collective, 

8 including any tax-exempt or nonprofit entity, 

9 that is controlled by, or receives or has received 

10 25 percent or more of its funding or assets 

11 from, 1 or more individuals or entities described 

12 in subparagraph (A) of the institution. 

13 (5) 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)), a contract advisor, a financial 

17 advisor, a marketing representative, a brand man18 ager, or a similarly employed individual who is cer19 tified by the Commission as being in full compliance 

20 with all requirements established by the Commis21 sion— 

22 (A) to represent a student athlete in a 

23 name, image, and likeness agreement; 


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1 (B) to provide consulting services to a stu2 dent athlete with respect to a name, image, and 

3 likeness agreement; or 

4 (C) to recruit or solicit, directly or indi5 rectly, a student athlete— 

6 (i) to engage in an activity described 

7 in subparagraph (A) or (B); or 

8 (ii) to represent or attempt to rep9 resent a student athlete for the purpose of 

10 marketing the name, image, or likeness of 

11 the student athlete. 

12 (6) CHAIR.—The term ‘‘Chair’’ means the 

13 Chair of the Federal Trade Commission. 

14 (7) COMMISSION.—The term ‘‘Commission’’ 

15 means the Federal Trade Commission. 

16 (8) CONFERENCE.—The term ‘‘conference’’ 

17 means any organization that— 

18 (A) is not an athletic association; 

19 (B) has 2 or more institutions as members; 

20 and 

21 (C) arranges championships, sets rules for, 

22 or regulates varsity intercollegiate sports com23 petition. 

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

25 attendance’’— 


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1 (A) has the meaning given the term in sec2 tion 472 of the Higher Education Act of 1965 

3 (20 U.S.C. 1087ll); and 

4 (B) shall be calculated by the financial aid 

5 office of an institution by applying the same 

6 standards, policies, and procedures for all stu7 dents at such institution. 

8 (10) COVERED COMPENSATION.— 

9 (A) IN GENERAL.—With respect to a 

10 name, image, and likeness agreement, the term 

11 ‘‘covered compensation’’ means any payment, 

12 remuneration, or benefit, including cash, 

13 awards, gifts, and in-kind contributions, that— 

14 (i) is provided by a third party to a 

15 student athlete; 

16 (ii) is commensurate with the market 

17 value for the activity carried out under the 

18 name, image, and likeness agreement; and 

19 (iii) is not, or is not intended to be, 

20 a recruiting inducement or compensation 

21 for participation in a varsity intercollegiate 

22 sport. 

23 (B) EXCLUSION.—The term ‘‘covered com24 pensation’’ does not include grant-in-aid. 


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1 (11) GRANT-IN-AID.—The term ‘‘grant-in-aid’’ 

2 means— 

3 (A) tuition, room, board, books, fees, and 

4 personal expenses paid or provided by an insti5 tution up to the full cost of attendance; 

6 (B) Federal Pell Grants and other State 

7 and Federal grants unrelated to, and not 

8 awarded with respect to, participation in varsity 

9 intercollegiate sports competition; 

10 (C) health insurance and the costs of 

11 health care wholly or partly self-funded by an 

12 athletic association, a conference, or an institu13 tion; 

14 (D) disability and loss of value insurance 

15 that is wholly or partly self-funded by an ath16 letic association, a conference, or an institution; 

17 (E) career counseling or job placement 

18 services available to all students at an institu19 tion; or 

20 (F) payment of hourly wages and benefits 

21 for work actually performed (and not for par22 ticipation in a varsity intercollegiate athletic 

23 program) at a rate commensurate with the pre24 vailing rate in the locality of an institution for 

25 similar work. 


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

2 to a student athlete, means a photograph, video, or 

3 computer-generated representation that identifies, is 

4 linked to, or is reasonably linkable to the student 

5 athlete. 

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

7 means an institution of higher education (as defined 

8 in section 101 of the Higher Education Act of 1965 

9 (20 U.S.C. 1001)). 

10 (14) LIKENESS.—The term ‘‘likeness’’, with re11 spect to a student athlete, means— 

12 (A) with respect to a student athlete of a 

13 sport for which the student athlete has a jersey 

14 number, the jersey number associated with the 

15 student athlete and the sport in which the stu16 dent athlete participates at a particular institu17 tion during the period of the participation of 

18 the student athlete in the sport at the institu19 tion, if the jersey number is accompanied by— 

20 (i) a logo or color scheme that is 

21 clearly associated with the institution; or 

22 (ii) some other means by which the 

23 jersey number is associated with the par24 ticular student athlete; and 

25 (B) with respect to any student athlete— 


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1 (i) the uniquely identifiable voice, 

2 catch phrase, or nickname of the student 

3 athlete; or 

4 (ii) any other mark that identifies or 

5 distinguishes the student athlete. 

6 (15) LOSS OF VALUE INSURANCE.—The term 

7 ‘‘loss of value insurance’’ means insurance that pro8 tects the future contract value of a student athlete 

9 from decreasing below a predetermined amount due 

10 to significant injury or illness suffered by the stu11 dent athlete during the designated coverage period 

12 of the insurance policy. 

13 (16) NAME.—The term ‘‘name’’, with respect to 

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

15 nickname, or the username on any internet platform 

16 of the student athlete when used in a context that 

17 reasonably identifies the student athlete with speci18 ficity or particularity. 

19 (17) NAME, IMAGE, AND LIKENESS AGREE20 MENT.—The term ‘‘name, image, and likeness agree21 ment’’ means a contract or similar arrangement be22 tween a student athlete and a third party regarding 

23 the commercial use of the name, image, or likeness 

24 of the student athlete in exchange for covered com25 pensation. 


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1 (18) PROSPECTIVE STUDENT ATHLETE.—The 

2 term ‘‘prospective student athlete’’ means an indi3 vidual attending an elementary school or a sec4 ondary school (as such terms are defined in section 

5 8101 of the Elementary and Secondary Education 

6 Act of 1965 (20 U.S.C. 7801)) who participates in 

7 a sport program. 

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

9 right’’— 

10 (A) means a right that is recognized under 

11 a Federal or State law that permits an indi12 vidual to control and profit from the commer13 cial use of the name, image, or likeness of the 

14 individual; and 

15 (B) includes any right that is licensed 

16 under a name, image, and likeness agreement. 

17 (20) STUDENT ATHLETE.—The term ‘‘student 

18 athlete’’ means any individual enrolled at an institu19 tion who participates as a team member or compet20 itor in varsity intercollegiate sports competition 

21 sponsored by the institution. 

22 (21) THIRD PARTY.—The term ‘‘third party’’ 

23 means an individual or entity that is not— 

24 (A) an institution; 

25 (B) an athletic department; 


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1 (C) an organization or a foundation that 

2 provides financial support to an institution or 

3 athletic department; 

4 (D) a conference; 

5 (E) an athletic association; 

6 (F) a certified agent; or 

7 (G) an employee of any such individual or 

8 entity. 

9 (22) VARSITY INTERCOLLEGIATE ATHLETIC

10 PROGRAM.—The term ‘‘varsity intercollegiate ath11 letic program’’ means a sport played at the inter12 collegiate level, administered by an athletic depart13 ment, for which eligibility requirements for partici14 pation by student athletes are established by an ath15 letic association. 

16 (23) VARSITY INTERCOLLEGIATE SPORTS COM17 PETITION.—The term ‘‘varsity intercollegiate sports 

18 competition’’ means a competition involving 2 or 

19 more varsity intercollegiate athletic programs spon20 sored by different institutions. 

21 SEC. 3. STUDENT ATHLETE NAME, IMAGE, AND LIKENESS 

22 RIGHTS AND PROTECTIONS. 

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

24 an athletic association, a conference, or an institution, or 


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1 any representative of such an entity, shall permit a stu2 dent athlete or a group of student athletes— 

3 (1) to market, or to earn covered compensation 

4 for the value of, their name, image, or likeness; and 

5 (2) to obtain or retain a certified agent for any 

6 matter or activity relating to such covered com7 pensation. 

8 (b) CONSENT AND COMPENSATION FOR GROUP

9 USE.— 

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

11 third party may not use the name, image, or likeness 

12 of any group described in subsection (a) to sell or 

13 promote any product or service unless the third 

14 party obtains the written consent from each member 

15 of the group for that purpose. 

16 (2) CERTAIN THIRD PARTY AGREEMENTS WITH

17 INSTITUTIONS, CONFERENCES, AND ATHLETIC ASSO18 CIATIONS.— 

19 (A) IN GENERAL.—Paragraph (1) shall not 

20 apply to a third party that enters into an agree21 ment with an institution, a conference, or an 

22 athletic association to produce or distribute live, 

23 archival, or delayed audiocast or videocast of a 

24 varsity intercollegiate sports competition of the 

25 institution, including— 


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1 (i) a commercial that promotes such a 

2 competition; and 

3 (ii) audio or video distributions of 

4 such a competition. 

5 (B) RULE OF CONSTRUCTION.—Nothing in 

6 this paragraph may be construed to require an 

7 institution, a conference, or an athletic associa8 tions to provide compensation or payment to 

9 any student athlete for appearing in an 

10 audiocast or videocast of a varsity intercolle11 giate sports competition of an institution. 

12 (c) RESCISSION OF AGREEMENTS.—In the case of a 

13 student athlete who no longer participates in a varsity 

14 intercollegiate athletic program, the student athlete may 

15 rescind a name, image, and likeness agreement with a re16 maining term of more than 1 year— 

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

18 (2) with no obligation to return payments re19 ceived before giving notice of the rescission. 

20 (d) EDUCATIONAL RESOURCES.—The Commission 

21 shall make available on a publicly accessible internet 

22 website of the Commission educational resources for stu23 dent athletes with respect to financial and contract lit24 eracy and earning covered compensation for the commerVerDate Sep 11 2014 01:02 Sep 17, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4855.IS S4855

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1 cial use of the name, image, or likeness of the student 

2 athlete, which shall— 

3 (1) generally describe the legal and business 

4 concepts to be considered in licensing publicity 

5 rights; and 

6 (2) include information concerning the implica7 tions of contract provisions that may restrict a stu8 dent athlete’s choice of institutions or bind the stu9 dent athlete to long-term arrangements. 

10 SEC. 4. PROHIBITIONS ON CERTAIN ACTIVITIES OF INSTI11 TUTIONS, BOOSTERS, AND THIRD PARTIES. 

12 (a) RESTRICTIONS ON EARNING COVERED COM13 PENSATION.—Except as provided in a rule established in 

14 accordance with section 8, an athletic association, a con15 ference, or an institution may not— 

16 (1) adopt or maintain a contract, rule, regula17 tion, standard, or other requirement that prevents or 

18 unduly restricts a student athlete from earning cov19 ered compensation for the use of the name, image, 

20 or likeness of the student athlete; 

21 (2) impose a speech restriction for student ath22 letes that is more stringent than any speech restric23 tion imposed on other students at the same institu24 tion; 


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1 (3) limit athletic opportunities for a student 

2 athlete solely on the basis of the student athlete’s 

3 commercial use of his or her name, image, or like4 ness; or 

5 (4) coordinate or cooperate with any other insti6 tution, conference, or athletic association to limit 

7 payment offered to a student athlete under a name, 

8 image, and likeness agreement. 

9 (b) CLASSIFICATION OF STUDENT ATHLETES.—Not10 withstanding any other provision of Federal or State law, 

11 a student athlete shall not be considered an employee of 

12 an athletic association, a conference, or an institution with 

13 respect to the participation of the student athlete in a var14 sity intercollegiate sports competition. 

15 (c) SCHOLARSHIPS.—An institution, a conference, or 

16 an athletic association may not revoke, reduce, or impose 

17 a condition on an athletic scholarship of a student athlete 

18 based on the student athlete having earned covered com19 pensation or having obtained a certified agent in accord20 ance with this Act. 

21 (d) PREVENTING CONFLICTS OF INTEREST.—An in22 stitution, an athletic association, a conference, or a busi23 ness partner of such an entity may not— 


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1 (1) represent a student athlete or prospective 

2 student athlete in a name, image, and likeness 

3 agreement; 

4 (2) arrange a name, image, and likeness agree5 ment on behalf of a student athlete or prospective 

6 student athlete; 

7 (3) enter into a name, image, and likeness 

8 agreement with a student athlete or prospective stu9 dent athlete; 

10 (4) regulate the representation of a student 

11 athlete or a group of student athletes or a prospec12 tive student athlete or group of prospective student 

13 athletes with respect to a name, image, and likeness 

14 agreement; or 

15 (5) engage in the certification or promotion of 

16 individuals for such representation. 

17 (e) CERTIFIED AGENT RESTRICTION.— 

18 (1) IN GENERAL.—A certified agent may not 

19 represent a prospective student athlete in a name, 

20 image, and likeness agreement if the prospective stu21 dent athlete plans to enroll in an institution and 

22 participate in a varsity intercollegiate sports com23 petition for such institution. 

24 (2) EXCLUSION.—For purposes of this sub25 section, a family member of a prospective student 


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1 athlete shall not be considered to be a certified agent 

2 with respect to representation of the prospective stu3 dent athlete. 

4 (f) CONFLICTS WITH CONTRACTS OR RULES OF IN5 STITUTION.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), a third party may not enter into, or offer 

8 to enter into, a name, image, and likeness agreement 

9 with a student athlete that provides covered com10 pensation if a provision of the name, image, and 

11 likeness agreement conflicts with a provision of a 

12 contract, rule, regulation, standard, or other require13 ment of the applicable institution. 

14 (2) EXCEPTION.—A third party may enter into, 

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

16 agreement with a student athlete that conflicts with 

17 a provision of a contract, rule, regulation, standard, 

18 or other requirement of the applicable institution 

19 if— 

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

21 the name, image, and likeness agreement; or 

22 (B) the contract, rule, regulation, stand23 ard, or other requirement unduly restricts stu24 dent athletes from earning covered compensa25 tion for the use of the name, image, or likeness 


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1 of the student athlete, as determined by the 

2 Commission. 

3 (3) DISCLOSURES.— 

4 (A) CONFLICTS.—An institution asserting 

5 a conflict described in paragraph (1) shall dis6 close to the certified agent and the Commission 

7 each relevant term of the contract, rule, regula8 tion, standard, or other requirement of the var9 sity intercollegiate athletic program. 

10 (B) RESTRICTIONS.—A certified agent as11 serting a restriction described in paragraph 

12 (2)(B) shall disclose to the Commission the na13 ture of such restriction. 

14 (g) AGENT ACTIVITIES.—An individual may not 

15 carry out any agent activity or representation of a student 

16 athlete with respect to a student athlete name, image, and 

17 likeness agreement unless the individual is a certified 

18 agent. 

19 (h) PROHIBITED AGREEMENTS.—An athletic associa20 tion, a conference, or an institution may prohibit a student 

21 athlete from entering into a name, image, and likeness 

22 agreement with a third party for the promotion of gam23 bling, tobacco, or alcohol products, or adult entertainment. 


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1 SEC. 5. TRANSPARENCY AND ACCOUNTABILITY RELATING 

2 TO NAME, IMAGE, AND LIKENESS AGREE3 MENTS AND STUDENT ATHLETE ENDORSE4 MENTS. 

5 (a) RECEIPT OF COVERED COMPENSATION.— Not 

6 later than 5 days after the date on which a student athlete 

7 receives covered compensation under a name, image, and 

8 likeness agreement, the certified agent representing the 

9 student athlete shall report to the institution— 

10 (1) the receipt and amount of such covered 

11 compensation; and 

12 (2) the terms and conditions of the name, 

13 image, and likeness agreement, including the name 

14 of each party to the agreement. 

15 (b) WRITTEN CONSENT REQUIRED.—An institution 

16 may not publicly disclose any information with respect to 

17 a name, image, and likeness agreement between a student 

18 athlete and a third party without the express written con19 sent of the student athlete. 

20 SEC. 6. LIMITATION ON TRANSFER PENALTIES; PROHIBI21 TION ON INDUCEMENTS. 

22 (a) LIMITATION ON TRANSFER PENALTIES.—An in23 stitution, an athletic association, or a conference shall 

24 allow a student athlete to transfer from one institution 

25 to another not less than once without losing or delaying 


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1 grant-in-aid opportunities or eligibility to participate in a 

2 varsity intercollegiate sports competition if— 

3 (1) not less than 7 days before transferring, the 

4 student athlete provides to his or her institution no5 tice of intent to transfer; and 

6 (2) the transfer does not occur during— 

7 (A) the season of the varsity intercollegiate 

8 sports competition of the student athlete; or 

9 (B) the 60-day period before the com10 mencement of such season. 

11 (b) PROHIBITION ON INDUCEMENTS.— 

12 (1) IN GENERAL.—An institution, an athletic 

13 association, a conference, a booster, a third party, or 

14 any agent of such an entity, may not offer or pro15 vide— 

16 (A) a student athlete with any compensa17 tion or benefit (other than grant-in-aid) that 

18 is— 

19 (i) conditioned on the student athlete 

20 enrolling in, maintaining enrollment in, or 

21 transferring to a particular institution; or 

22 (ii) intended to induce the student 

23 athlete to enroll in, maintain enrollment in, 

24 or transfer to a particular institution; or 


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1 (B) a prospective student athlete with any 

2 compensation or benefit (other than grant-in3 aid) that is— 

4 (i) conditioned on the prospective stu5 dent athlete enrolling in a particular insti6 tution; or 

7 (ii) intended to induce the prospective 

8 student athlete to enroll in a particular in9 stitution. 

10 (2) CAMPUS TOURS.—Notwithstanding para11 graph (1), an institution, an athletic association, or 

12 a conference may provide to a student athlete or a 

13 prospective student athlete reimbursement for ex14 penses relating to campus tours or visits. 

15 SEC. 7. ENFORCEMENT BY THE COMMISSION. 

16 (a) OFFICE OF SPORT.— 

17 (1) ESTABLISHMENT.—Not later than 30 days 

18 after the date of the enactment of this Act, the 

19 Chair shall— 

20 (A) establish within the Commission the 

21 ‘‘Office of Sport’’ (in this section referred to as 

22 the ‘‘Office’’); and 

23 (B) appoint a Director of the Office (in 

24 this section referred to as the ‘‘Director’’). 


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1 (2) PURPOSE.—The purpose of the Office is to 

2 assist the Commission in protecting amateur, colle3 giate, and professional athletes from unfair methods 

4 of competition and unfair or deceptive acts or prac5 tices in or affecting commerce under the Federal 

6 Trade Commission Act (15 U.S.C. 41 et seq.). 

7 (b) DUTIES.— 

8 (1) IN GENERAL.—The Director shall engage in 

9 activities that include— 

10 (A) leading and coordinating the Commis11 sion’s work in furtherance of the purpose de12 scribed in subsection (a)(2); 

13 (B) coordinating and consulting with the 

14 Bureau of Consumer Protection of the Commis15 sion and the Bureau of Competition of the 

16 Commission; 

17 (C) developing guidance and recommenda18 tions; and 

19 (D) organizing public workshops, issuing 

20 reports, and providing educational materials. 

21 (2) OVERSIGHT OF NAME, IMAGE, AND LIKE22 NESS RIGHTS AND PROTECTIONS.—With respect to 

23 the implementation of this Act, the duties of the Of24 fice are as follows: 


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1 (A) To establish a process for hearing, ad2 dressing, and resolving complaints, concerns, 

3 conflicts, and grievances from student athletes, 

4 institutions, conferences, athletic associations, 

5 certified agents, and third parties alleging viola6 tions of this Act or any rule or standard devel7 oped under this Act. 

8 (B) To establish a certification process and 

9 set and enforce standards for, and maintain a 

10 registry of, certified agents. 

11 (C) To determine the financial limits for 

12 boosters, as described in clauses (i) and (ii) of 

13 section 2(4)(A). 

14 (D) On an ongoing basis and as necessary, 

15 to gather and compile information relating to 

16 the development and status of the student ath17 lete name, image, and likeness market. 

18 (E) To provide confidential guidance to 

19 student athletes. 

20 (F) To develop rules to carry out the ac21 tivities described in this paragraph. 

22 (c) ENFORCEMENT AUTHORITY.— 

23 (1) IN GENERAL.—A violation of this Act or 

24 any rule or standard developed pursuant to sub25 section (b)(2) shall be treated as a violation of a rule 


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1 defining an unfair or deceptive act or practice pre2 scribed under section 18(a)(1)(B) of the Federal 

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

4 (2) POWERS OF THE FEDERAL TRADE COMMIS5 SION.—The Commission shall enforce this Act and 

6 any rule or standard developed pursuant to sub7 section (b)(2) in the same manner, by the same 

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

9 duties as though all applicable terms and provisions 

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

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

12 this Act. 

13 (3) NONPROFIT ORGANIZATIONS.—Notwith14 standing section 4 of the Federal Trade Commission 

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

16 of the Commission, the Commission shall also en17 force this Act and any rule or standard developed 

18 pursuant to subsection (b)(2) in the same manner 

19 provided in paragraph (1), with respect to organiza20 tions not organized to carry on business for their 

21 own profit or that of their members. 

22 (4) PENALTIES; PRIVILEGES AND IMMUNI23 TIES.—Any person who violates this Act or any rule 

24 or standard developed pursuant to subsection (b)(2) 

25 shall be subject to the penalties and entitled to the 


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1 privileges and immunities provided in the Federal 

2 Trade Commission Act (15 U.S.C. 41 et seq.). 

3 SEC. 8. ROLE OF ATHLETIC ASSOCIATIONS AND CON4 FERENCES. 

5 Athletic associations and conferences may— 

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

7 any rule or standard developed under this Act; 

8 (2) establish rules that prohibit payments of 

9 compensation to prospective student athletes and 

10 student athletes by institutions, conferences, and 

11 athletic associations; and 

12 (3) enforce the rules established under para13 graphs (1) and (2) by declaring ineligible for a var14 sity intercollegiate sports competition a student ath15 lete or a prospective student athlete who receives 

16 payments in violation of this Act or any rule or 

17 standard developed under this Act. 

18 SEC. 9. COMPTROLLER GENERAL REPORT ON HEALTH, 

19 SAFETY, AND EDUCATION NEEDS. 

20 (a) IN GENERAL.—Not later than 2 years after the 

21 date of the enactment of this Act, the Comptroller General 

22 of the United States shall submit to the appropriate com23 mittees of Congress a report on the health, safety, and 

24 education needs of student athletes. 


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1 (b) CONTENTS OF REPORT.—The report required by 

2 subsection (a) shall include the following: 

3 (1) An analysis of the current state of student 

4 athlete health insurance coverage in the United 

5 States, including a comparison of amounts and types 

6 of coverage offered by institutions of varying sizes 

7 and resources. 

8 (2) An analysis of the degree to which student 

9 athletes are not covered for injuries or conditions re10 lated to their participation in athletics. 

11 (3) An analysis of the additional cost to institu12 tions of providing health insurance coverage to stu13 dent athletes for each year, up to 5 years, after 

14 graduation. 

15 (4) An analysis of the need for health and safe16 ty standards for varsity intercollegiate athletic pro17 grams. 

18 (5) An analysis of the current authorities and 

19 activities of the Department of Health and Human 

20 Services to determine whether the Department of 

21 Health and Human Services possesses the appro22 priate authority or expertise to develop and enforce 

23 such health and safety standards. 

24 (6) An analysis of the extent to which student 

25 athletes are unable to complete their degree due to 


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1 losing scholarship support before graduation within 

2 4 years. 

3 (7) An analysis of the additional cost to institu4 tions of providing guaranteed scholarships for stu5 dent athletes for each additional year, up to 5 years, 

6 after a typical 4-year enrollment. 

7 SEC. 10. LIMITATION OF LIABILITY. 

8 (a) IN GENERAL.—An institution, a conference, and 

9 an athletic association shall comply with the requirements 

10 of this Act and with any rule or standard developed under 

11 this Act, but shall not be held liable under any provision 

12 of Federal or State law for prohibiting a student athlete 

13 or prospective student athlete from being paid by an insti14 tution, conference, or athletic association or for prohib15 iting a student athlete or prospective student athlete from 

16 being paid for the commercial use of the name, image, 

17 or likeness of the student athlete or prospective student 

18 athlete before the date of the enactment of this Act. 

19 (b) RULE OF CONSTRUCTION.—Except as provided 

20 in subsection (a), nothing in this Act or the fact or cir21 cumstances of the enactment of this Act may be construed 

22 to or relied upon by any court— 

23 (1) to alter the application of Federal or State 

24 antitrust law to intercollegiate athletics; 


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1 (2) to imply the creation of any cause of action 

2 not created expressly by this Act; or 

3 (3) to retroactively create liability, or invalidate 

4 legal defenses, related to aspects of intercollegiate 

5 athletics not directly addressed by this Act. 

6 SEC. 11. RELATIONSHIP TO STATE LAWS. 

7 (a) IN GENERAL.—No State or political subdivision 

8 of a State may establish or continue in effect any law, 

9 regulation, rule, requirement, or standard that governs or 

10 regulates the compensation, publicity rights, employment 

11 status, or eligibility for competition of a student athlete 

12 or prospective student athlete, including any provision 

13 that governs or regulates the commercial use of the name, 

14 image, or likeness of a student athlete or prospective stu15 dent athlete; 

16 (b) UNAUTHORIZED USE BY A THIRD PARTY.—A 

17 State or political subdivision of a State may establish and 

18 enforce laws that prohibit the unauthorized use of the 

19 name, image, and likeness of a student athlete or prospec20 tive student athlete by a third party. 

21 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

22 There is authorized to be appropriated to the Com23 mission such sums as are necessary to carry out this Act. 

Æ 


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