II 

116TH CONGRESS 

2D SESSION S. 4004 

To ensure that college athletes, and not institutions of higher education, 

are able to profit from their name, image, and likeness, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2020 

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

to the Committee on Commerce, Science, and Transportation 

A BILL 

To ensure that college athletes, and not institutions of higher 

education, are able to profit from their name, image, 

and likeness, 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 ‘‘Fairness in Collegiate 

5 Athletics Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Federal Trade Commission. 


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1 (2) COMPENSATION.—The term ‘‘compensa2 tion’’ means any remuneration, in cash or kind, 

3 whether provided at the time or at any subsequent 

4 date to a student athlete, except such term shall not 

5 include any grant, scholarship, fellowship, tuition as6 sistance, or other form of financial aid provided to 

7 a student for pursuing a postsecondary education. 

8 (3) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘‘institution of higher education’’ has the 

10 meaning given such term in section 102 of the High11 er Education Act of 1965 (20 U.S.C. 1002). 

12 (4) INTERCOLLEGIATE ATHLETIC ASSOCIA13 TION.—The term ‘‘intercollegiate athletic associa14 tion’’— 

15 (A) means— 

16 (i) the National Collegiate Athletic 

17 Association (or any successor organiza18 tion); and 

19 (ii) any intercollegiate athletic associa20 tion that the Commission determines is 

21 similar in purpose and scope to the asso22 ciation described in clause (i), subject to 

23 subparagraph (B); and 

24 (B) does not include the National Junior 

25 College Athletic Association (or any successor 


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1 organization) or the National Association of 

2 Intercollegiate Athletics (or any successor orga3 nization). 

4 (5) STUDENT ATHLETE.—The term ‘‘student 

5 athlete’’ means an individual who is enrolled in an 

6 institution of higher education and engages in post7 secondary athletics. 

8 (6) THIRD PARTY.—The term ‘‘third party’’ 

9 means, with respect to any student athlete, any enti10 ty other than the institution of higher education in 

11 which such student athlete is enrolled. 

12 SEC. 3. ESTABLISHMENT OF RULES FOR PAYMENT OF STU13 DENT ATHLETES. 

14 Not later than June 30, 2021, any intercollegiate ath15 letic association shall establish— 

16 (1) a policy that permits any student athlete 

17 to— 

18 (A) earn compensation from a third party 

19 as a result of the use of the name, image, or 

20 likeness of such student athlete; and 

21 (B) subject to the requirements under sec22 tion 3 of the Sports Agent Responsibility and 

23 Trust Act (15 U.S.C. 7802), obtain professional 

24 representation with respect to matters described 

25 in subparagraph (A); and 


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1 (2) rules and programs for the administration 

2 of the policy described in paragraph (1), including— 

3 (A) requiring student athletes to report 

4 any compensation described in such paragraph, 

5 or any agreement to receive such compensation, 

6 to the institution of higher education in which 

7 they are enrolled and the intercollegiate athletic 

8 association within a reasonable period fol9 lowing— 

10 (i) the date on which an agreement to 

11 receive such compensation is reached be12 tween the student athlete and the third 

13 party; and 

14 (ii) the date on which such compensa15 tion is received by the student athlete; and 

16 (B) such rules and programs as are 

17 deemed necessary to— 

18 (i) preserve the amateur status of stu19 dent athletes; 

20 (ii) ensure appropriate recruitment of 

21 prospective student athletes; and 

22 (iii) prevent illegitimate activity with 

23 respect to any third party seeking to re24 cruit or retain student athletes with reVerDate Sep 11 2014 22:09 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4004.IS S4004

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1 spect to any institution of higher edu2 cation, including any third party— 

3 (I) with a prior or existing asso4 ciation, either formally or informally, 

5 with any institution of higher edu6 cation; or 

7 (II) with a prior or existing fi8 nancial involvement with respect to 

9 postsecondary athletics. 

10 SEC. 4. ENFORCEMENT PROVISIONS. 

11 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— 

12 (1) IN GENERAL.—A violation of section 3 shall 

13 be treated as a violation of a rule defining an unfair 

14 or deceptive act or practice prescribed under section 

15 18(a)(1)(B) of the Federal Trade Commission Act 

16 (15 U.S.C. 57a(a)(1)(B)). 

17 (2) ACTIONS BY THE COMMISSION.—The Com18 mission shall enforce section 3 in the same manner, 

19 by the same means, and with the same jurisdiction, 

20 powers, and duties as though all applicable terms 

21 and provisions of the Federal Trade Commission Act 

22 (15 U.S.C. 41 et seq.) were incorporated into and 

23 made a part of this Act. 

24 (3) ENFORCEMENT RELATED TO NONPROFIT

25 ORGANIZATIONS.—Notwithstanding section 4, 


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1 5(a)(2), or 6 of the Federal Trade Commission Act 

2 (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional 

3 limitation of the Federal Trade Commission, the 

4 Commission shall also enforce this Act and any reg5 ulations promulgated under this Act, in the same 

6 manner provided in paragraphs (1) and (2) of this 

7 subsection, with respect to organizations not orga8 nized to carry on business for their own profit or 

9 that of their members. 

10 (b) EXCEPTION.—Except as provided under sub11 section (a), no cause of action shall lie or be maintained 

12 in any court against any intercollegiate athletic associa13 tion, or any institution of higher education which is a 

14 member of such association for the adoption or enforce15 ment of a policy, rule, or program established under sec16 tion 3. 

17 SEC. 5. PREEMPTION. 

18 No State or political subdivision of a State may 

19 adopt, maintain, enforce, or continue in effect any law, 

20 regulation, rule, requirement, or standard related to per21 mitting or prohibiting a student athlete to receive com22 pensation from an institution of higher education or a 

23 third party as a result of such athlete’s performance or 

24 participation in postsecondary athletics. 

Æ 


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