II 

117TH CONGRESS 

1ST SESSION S. 414 

To provide standards relating to compensation for the use of the names, 

images, and likenesses of amateur intercollegiate athletes and to provide 

protections for amateur intercollegiate athletes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2021 

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

to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide standards relating to compensation for the use 

of the names, images, and likenesses of amateur intercollegiate athletes and to provide protections for amateur 

intercollegiate athletes, 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 ‘‘Amateur Athletes Pro5 tection and Compensation Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AGENCY CONTRACT.—The term ‘‘agency 

2 contract’’ means a written agreement in which an 

3 amateur intercollegiate athlete authorizes an ama4 teur athlete representative to act on behalf of the 

5 amateur intercollegiate athlete. 

6 (2) AIAC.—The term ‘‘AIAC’’ means the Ama7 teur Intercollegiate Athletics Corporation established 

8 by section 8(a). 

9 (3) AMATEUR ATHLETE REPRESENTATIVE.— 

10 (A) IN GENERAL.—The term ‘‘amateur 

11 athlete representative’’ means an individual 

12 who— 

13 (i) enters into an agency contract with 

14 an amateur intercollegiate athlete; or 

15 (ii) directly or indirectly recruits or 

16 solicits an amateur intercollegiate athlete 

17 for the purpose of— 

18 (I) entering into an agency con19 tract with the amateur intercollegiate 

20 athlete; 

21 (II) representing or attempting 

22 to represent the amateur intercolle23 giate athlete for the purpose of mar24 keting his or her athletics ability or 

25 reputation for financial gain; or 


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1 (III) seeking to obtain any type 

2 of financial gain or benefit from the 

3 potential earnings of the amateur 

4 intercollegiate athlete as a profes5 sional athlete. 

6 (B) INCLUSIONS.—The term ‘‘amateur 

7 athlete representative’’ includes— 

8 (i) a certified contract advisor; 

9 (ii) a financial advisor; 

10 (iii) a marketing representative; 

11 (iv) a brand manager; and 

12 (v) any individual employed by or as13 sociated with an individual described in 

14 any of clauses (i) through (iv). 

15 (C) EXCLUSIONS.—The term ‘‘amateur 

16 athlete representative’’ does not include— 

17 (i) the spouse, a parent, a sibling, a 

18 grandparent, or a legal guardian of an 

19 amateur intercollegiate athlete; or 

20 (ii) an individual acting solely on be21 half of a professional sports team or a pro22 fessional sports organization. 

23 (4) AMATEUR INTERCOLLEGIATE ATHLETE.— 

24 The term ‘‘amateur intercollegiate athlete’’ means 

25 an athlete who is or may be recruited to attend, or 


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1 is enrolled in, a 4-year degree-granting institution of 

2 higher education. 

3 (5) AMATEUR INTERCOLLEGIATE ATHLETIC

4 EVENT.— 

5 (A) IN GENERAL.—The term ‘‘amateur 

6 intercollegiate athletic event’’ means a game, 

7 meet, competition, banquet, practice, condi8 tioning session, media session, or any other 

9 event that has been organized or authorized by 

10 an athletics representative of an institution of 

11 higher education or by a national amateur ath12 letic association, regardless of whether such 

13 event occurs on or off the campus of an institu14 tion of higher education or during or outside 

15 the season for competition. 

16 (B) INCLUSION.—The term ‘‘amateur 

17 intercollegiate athletic event’’ includes travel to 

18 and from any event described in subparagraph 

19 (A). 

20 (6) AMATEUR INTERCOLLEGIATE ATHLETIC

21 COMPETITION.—The term ‘‘amateur intercollegiate 

22 athletic competition’’ means any varsity game, meet, 

23 or other competition between or among teams spon24 sored by institutions of higher education. 


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1 (7) ATHLETICS BOOSTER.—The term ‘‘athletics 

2 booster’’ means any individual or entity that, di3 rectly or indirectly, through any other individual or 

4 entity or in any other manner— 

5 (A) has provided 1 or more donations ex6 ceeding $5,000, in the aggregate, to obtain sea7 son tickets for any sport at an institution of 

8 higher education; 

9 (B) has made 1 or more financial contribu10 tions exceeding $5,000, in the aggregate, to the 

11 athletics department or other athletics manage12 ment organization of an institution of higher 

13 education; or 

14 (C) has assisted, or been requested by an 

15 employee of an institution of higher educations 

16 to assist, in the recruitment of an amateur 

17 intercollegiate athlete. 

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

19 means any organization or association that— 

20 (A) has as members 2 or more institutions 

21 of higher education; 

22 (B) arranges championships and sets rules 

23 for amateur intercollegiate athletic competition. 

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 of higher education ap6 plying the same standards, policies, and proce7 dures for all students. 

8 (10) COVERED COMPENSATION.— 

9 (A) IN GENERAL.—The term ‘‘covered 

10 compensation’’ means any remuneration, in 

11 cash or in kind and regardless of the date on 

12 which the remuneration is provided, to an ama13 teur intercollegiate athlete. 

14 (B) EXCLUSION.—The term ‘‘covered com15 pensation’’ does not include the payment or 

16 provision of any of the following— 

17 (i) grants-in-aid; 

18 (ii) Federal Pell Grants and other 

19 State or Federal grants unrelated and not 

20 awarded with regard to participation in 

21 amateur intercollegiate athletic events; 

22 (iii) health insurance and costs of 

23 health care, including health insurance and 

24 health care costs wholly or partly self-fundVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 ed by an institution of higher education or 

2 a national amateur athletic association; 

3 (iv) disability and loss of value insur4 ance, including disability and loss of value 

5 insurance that is wholly or partly self6 funded by an institution of higher edu7 cation or a national amateur athletic asso8 ciation; 

9 (v) career counseling, job placement 

10 services, and other guidance available to all 

11 students at an institution of higher edu12 cation; and 

13 (vi) payment of hourly wages and ben14 efits for work actually performed (and not 

15 for participation in amateur intercollegiate 

16 athletic event) at a rate commensurate 

17 with the going rate in the locality of an in18 stitution of higher education for similar 

19 work. 

20 (11) ENDORSEMENT CONTRACT.—The term 

21 ‘‘endorsement contract’’ has the meaning given the 

22 term in section 2 of the Sports Agent Responsibility 

23 and Trust Act (15 U.S.C. 7801). 

24 (12) FORMER AMATEUR INTERCOLLEGIATE

25 ATHLETE.—The term ‘‘former intercollegiate athVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 lete’’ means an amateur intercollegiate athlete who 

2 is no longer eligible to participate in amateur inter3 collegiate athletic competition. 

4 (13) GRANT-IN-AID.—The term ‘‘grant-in5 aid’’— 

6 (A) means a scholarship, grant, stipend, or 

7 other form of financial assistance, including the 

8 provision of tuition, room, board, books, or 

9 funds for fees or personal expenses, that— 

10 (i) is paid or provided by an institu11 tion of higher education to a student for 

12 the student’s undergraduate or graduate 

13 course of study; and 

14 (ii) is in an amount that does not ex15 ceed the cost of attendance for such stu16 dent at the institution; and 

17 (B) does not include covered compensation 

18 paid to an individual who is an amateur inter19 collegiate athlete or a former amateur inter20 collegiate athlete. 

21 (14) IMAGE.—The term ‘‘image’’, with respect 

22 to an amateur intercollegiate athlete, means a photo23 graph, video, or computer-generated representation 

24 that identifies, is linked to, or is reasonably linkable 

25 to the athlete. 


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1 (15) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘‘institution of higher education’’ has the 

3 meaning given the term under section 101 of the 

4 Higher Education Act of 1965 (20 U.S.C. 1001). 

5 (16) LIKENESS.—The term ‘‘likeness’’ means— 

6 (A) with respect to an amateur intercolle7 giate athlete of a sport for which the athlete 

8 has a jersey number, the jersey number associ9 ated with the athlete and the sport in which the 

10 athlete participates at a particular institution of 

11 higher education during the period of the par12 ticipation of the athlete in the sport at the in13 stitution of higher education, if the jersey num14 ber is accompanied by— 

15 (i) a logo or color scheme that is 

16 clearly associated with the institution of 

17 higher education; or 

18 (ii) some other means by which the 

19 jersey number is clearly associated with 

20 the particular athlete; and 

21 (B) with respect to any amateur intercolle22 giate athlete— 

23 (i) the uniquely identifiable voice or 

24 catch phrase of the athlete; or 


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1 (ii) any other trademark that identi2 fies or distinguishes the athlete. 

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

4 an amateur intercollegiate athlete, means— 

5 (A) a combination of a first and last or 

6 family name that identifies the athlete; 

7 (B) a last or family name that identifies 

8 the athlete; or 

9 (C) a unique nickname that identifies the 

10 athlete. 

11 (18) NATIONAL AMATEUR ATHLETIC ASSOCIA12 TION.— 

13 (A) IN GENERAL.—The term ‘‘national 

14 amateur athletic association’’ means a not-for15 profit corporation, an association, or any other 

16 group organized in the United States that— 

17 (i) sponsors or arranges amateur 

18 intercollegiate athletic competition between 

19 institutions of higher education; and 

20 (ii) sets common rules, standards, 

21 procedures, or guidelines for the adminis22 tration of amateur intercollegiate athletic 

23 competition at institutions of higher edu24 cation. 


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1 (B) INCLUSIONS.—The term ‘‘national 

2 amateur athletic association’’ includes— 

3 (i) the National Collegiate Athletic 

4 Association; and 

5 (ii) each division and member con6 ference of the National Collegiate Athletic 

7 Association, or of any other national ama8 teur athletic association, separately and 

9 collectively. 

10 (19) THIRD PARTY.—The term ‘‘third party’’ 

11 means an individual or entity that— 

12 (A) is not an athletics department or an 

13 athletics booster of an institution of higher edu14 cation; and 

15 (B) is unaffiliated with an athletics depart16 ment or an athletics booster of an institution of 

17 higher education. 

18 (20) UNAFFILIATED.—With respect to 2 or 

19 more individuals or entities, the term ‘‘unaffiliated’’ 

20 means that the individuals or entities do not share 

21 interrelated operations, common management, cen22 tralized control of labor relations, or common owner23 ship or financial control. 


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1 SEC. 3. COVERED COMPENSATION PROVIDED BY UNAFFILI2 ATED THIRD PARTIES. 

3 The provision of covered compensation to an amateur 

4 intercollegiate athlete who is enrolled, or may in the future 

5 enroll, in an institution of higher education— 

6 (1) may only be promised, paid, and permitted 

7 if the covered compensation is sourced from, and 

8 provided at the discretion of, a third party; and 

9 (2) shall not be promised, paid, or permitted to 

10 induce— 

11 (A) the recruitment of an amateur inter12 collegiate athlete to any institution of higher 

13 education or a group of institutions of higher 

14 education; or 

15 (B) an amateur intercollegiate athlete to 

16 continue attending a particular institution of 

17 higher education. 

18 SEC. 4. PROTECTIONS FOR AMATEUR INTERCOLLEGIATE 

19 ATHLETES. 

20 (a) REPRESENTATION CONTRACTS.—A national 

21 amateur athletic association or an institution of higher 

22 education may not punish or prohibit the participation of 

23 an amateur intercollegiate athlete in an amateur inter24 collegiate athletic event or amateur intercollegiate athletic 

25 competition based on the amateur intercollegiate athlete 

26 having entered into an agency contract with an amateur 


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1 athlete representative who has been certified by the AIAC 

2 in accordance with section 8(b)(4). 

3 (b) ENDORSEMENT CONTRACTS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), a national amateur athletic association or 

6 an institution of higher education may not punish or 

7 prohibit the participation of an amateur intercolle8 giate athlete in an intercollegiate athletic event or 

9 amateur intercollegiate athletic competition based on 

10 the amateur intercollegiate athlete having entered 

11 into an endorsement contract with a third party. 

12 (2) EXCEPTIONS.—A national amateur athletic 

13 association or an institution of higher education may 

14 prohibit the participation of an amateur intercolle15 giate athlete in an intercollegiate athletic event or 

16 amateur intercollegiate athletic competition based on 

17 the amateur intercollegiate athlete having entered 

18 into an endorsement contract with a third party if 

19 the contract violates— 

20 (A) the code of student conduct of the ap21 plicable national amateur athletic association or 

22 institution of higher education; or 

23 (B) a rule established by the AIAC in ac24 cordance with section 8(b)(2). 


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1 (3) LIMITATION.—During and immediately be2 fore and after an amateur intercollegiate athletic 

3 event, an institution of higher education may pro4 hibit an amateur intercollegiate athlete enrolled at 

5 such institution from engaging in promotional or en6 dorsement activities in connection with an endorse7 ment contract. 

8 (4) DISCLOSURES.— 

9 (A) ENROLLED ATHLETES.—With respect 

10 to an amateur intercollegiate athlete enrolled in 

11 an institution of higher education who enters 

12 into an endorsement contract, the amateur 

13 intercollegiate athlete shall, not later than 7 

14 days after entering into the endorsement con15 tract, provide to the institution of higher edu16 cation a copy of the endorsement contract. 

17 (B) RECRUITED ATHLETES.—With respect 

18 to an amateur intercollegiate athlete who is or 

19 may be recruited to attend, but not yet enrolled 

20 in, an institution of higher education and who 

21 enters into an endorsement contract, the ama22 teur intercollegiate athlete shall, before signing 

23 a letter of intent, provide to the institution of 

24 higher education a copy of all current and exVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 pired endorsement contracts entered into by the 

2 amateur intercollegiate athlete. 

3 (c) RESCISSION OF AGREEMENTS.—An amateur 

4 intercollegiate athlete who no longer participates in ama5 teur intercollegiate athletic competitions may rescind an 

6 endorsement contract with a remaining term of more than 

7 1 year— 

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

9 (2) with no obligation to return payments re10 ceived before giving notice of the rescission. 

11 (d) PROFESSIONAL SPORTS DRAFTS.—A national 

12 amateur athletic association or an institution of higher 

13 education may not prohibit the participation of an ama14 teur intercollegiate athlete in an amateur intercollegiate 

15 athletic event based on the amateur intercollegiate athlete 

16 having entered into a professional sports draft, if the ama17 teur intercollegiate athlete— 

18 (1) does not receive compensation, directly or 

19 indirectly, from— 

20 (A) a professional sports league; 

21 (B) a professional sports team; or 

22 (C) a sports agent; 

23 (D) an amateur athlete representative; or 


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1 (E) any individual or entity affiliated with 

2 an individual or entity described in any of sub3 paragraphs (A) through (D); and 

4 (2) not later than 7 days after the completion 

5 of the draft, declares his or her intent to resume 

6 participation in amateur intercollegiate athletic com7 petition. 

8 (e) GRANT-IN-AID PROTECTION.— 

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

10 institution of higher education shall honor the grant11 in-aid of an amateur intercollegiate athlete. 

12 (2) FORMER AMATEUR INTERCOLLEGIATE ATH13 LETES.—An institution of higher education shall 

14 continue to provide a grant-in-aid covering full tui15 tion, books, and fees to any former amateur inter16 collegiate athlete who— 

17 (A) received a full grant-in-aid while en18 rolled at the institution of higher education; 

19 and 

20 (B) has not completed his or her course of 

21 study for an undergraduate degree as a result 

22 of pursuing a career in professional sports. 

23 (3) REVOCATION AND REINSTATEMENT.— 

24 (A) REVOCATION.—An institution of high25 er education may revoke the grant-in-aid of an 


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1 amateur intercollegiate athlete or a former 

2 amateur intercollegiate athlete who— 

3 (i) transfers to another institution of 

4 higher education; or 

5 (ii) does not— 

6 (I) remain in good standing, de7 termined in accordance with— 

8 (aa) the rules established by 

9 the AIAC under section 8(b)(2); 

10 or 

11 (bb) in the case of an ama12 teur intercollegiate athlete who is 

13 enrolled in an institution of high14 er education the standards of 

15 which are more stringent than 

16 the standards described in item 

17 (aa), the standards of the institu18 tion of higher education; 

19 (II) comply with the code of con20 duct of the institution of higher edu21 cation; and 

22 (III) meet athletic program 

23 standards and norms for participating 

24 in mandatory team athletic activities. 


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1 (B) LIMITATIONS.—An institution of high2 er education may not revoke the grant-in-aid of 

3 an amateur intercollegiate athlete— 

4 (i) on the basis of the amateur inter5 collegiate athlete’s athletics ability, per6 formance, or contribution to team success; 

7 or 

8 (ii) as a result of an injury or illness 

9 or based on a physical or mental medical 

10 condition of the amateur intercollegiate 

11 athlete. 

12 (C) REINSTATEMENT.—In the case of a 

13 revocation under subparagraph (A), an institu14 tion of higher education may reinstate grant-in15 aid if the amateur intercollegiate athlete con16 cerned reestablishes good standing. 

17 (f) LIMITATION ON TRANSFER PENALTIES.—An 

18 amateur intercollegiate athletics association shall allow an 

19 amateur intercollegiate athlete in any sport to transfer 

20 from one institution of higher education to another not 

21 less than once without losing or delaying eligibility for 

22 intercollegiate athletics if— 

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

24 amateur intercollegiate athlete provides to his or her 

25 athletic director notice of intent to transfer; and 


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1 (2) the transfer does not occur during— 

2 (A) the season of the sport of the amateur 

3 intercollegiate athlete; or 

4 (B) the 60-day period before the com5 mencement of such season. 

6 (g) MEDICAL EXPENSES.—Except as provided in 

7 paragraph (3), the responsibilities of institutions of higher 

8 education with respect to the health care coverage and 

9 medical expenses of amateur intercollegiate athletes are as 

10 follows: 

11 (1) OUT-OF-POCKET EXPENSES.— 

12 (A) INSTITUTIONS OF HIGHER EDUCATION

13 REPORTING $20,000,000 OR MORE.—An institu14 tion of higher education that reports not less 

15 than $20,000,000 in total annual athletics rev16 enue to the Department of Education during 

17 the academic year immediately preceding the 

18 date of the last amateur intercollegiate athletic 

19 competition of an amateur intercollegiate ath20 lete shall, during the 2-year period beginning on 

21 the day after such last amateur intercollegiate 

22 athletic competition, be financially responsible 

23 for all out-of-pocket medical expenses, up to the 

24 deductible, of the amateur intercollegiate ath25 lete’s health care coverage for any injury or 


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1 communicable disease that was incurred or ac2 quired while the amateur intercollegiate athlete 

3 was participating in an amateur intercollegiate 

4 athletic event or an amateur intercollegiate ath5 letic competition. 

6 (B) INSTITUTIONS OF HIGHER EDUCATION

7 REPORTING $50,000,000 OR MORE.—An institu8 tion of higher education that reports not less 

9 than $50,000,000 in total annual athletics rev10 enue to the Department of Education during 

11 the academic year immediately preceding the 

12 date of the last amateur intercollegiate athletic 

13 competition of an amateur intercollegiate ath14 lete shall, during the 4-year period beginning on 

15 the day after such last amateur athletic com16 petition, be financially responsible for— 

17 (i) providing or procuring the amateur 

18 intercollegiate athlete’s health care cov19 erage for any injury or communicable dis20 ease that was incurred or acquired while 

21 the amateur intercollegiate athlete was 

22 participating in an amateur intercollegiate 

23 athletic event or an amateur intercollegiate 

24 athletic competition; and 


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1 (ii) all out-of-pocket medical expenses, 

2 up to the deductible, for medical care for 

3 such injury or disease. 

4 (2) SECOND OPINIONS.—During the enrollment 

5 of an amateur intercollegiate athlete in an institu6 tion of higher education and continuing through the 

7 2-year period described in subparagraph (A) of para8 graph (1) or the 4-year period described in subpara9 graph (B) of that paragraph, as applicable, an insti10 tution of higher education shall be financially re11 sponsible for the expense of obtaining, for amateur 

12 intercollegiate athletes and former amateur inter13 collegiate athletes, medical second opinions inde14 pendent from the institution of higher education. 

15 (3) EXCEPTION.—The responsibilities under 

16 paragraphs (1) and (2) shall not apply to an institu17 tion of higher education in the case of an amateur 

18 intercollegiate athlete who transfers out of the insti19 tution of higher education to continue participation 

20 in intercollegiate athletics elsewhere. 

21 SEC. 5. EMPLOYMENT MATTERS. 

22 Notwithstanding any other provision of Federal or 

23 State law, an amateur intercollegiate athlete shall not be 

24 considered an employee of an institution of higher edu25 cation, a conference, or a national amateur athletic assoVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 ciation based on the amateur intercollegiate athlete’s par2 ticipation in amateur intercollegiate athletic events or 

3 amateur intercollegiate athletic competitions. 

4 SEC. 6. TRANSPARENCY. 

5 (a) DISCLOSURES.— 

6 (1) IN GENERAL.—An institution of higher edu7 cation shall make the following legally binding dis8 closures to each amateur intercollegiate athlete be9 fore he or she commits to enroll in or attend the in10 stitution of higher education: 

11 (A) The amount and duration of grant-in12 aid the institution of higher education will pro13 vide to the amateur intercollegiate athlete, rel14 ative to the most recent cost of attendance, for 

15 each academic school year and each summer 

16 session. 

17 (B) The amount and duration of grant-in18 aid the institution of higher education will pro19 vide to assist the amateur intercollegiate athlete 

20 with undergraduate degree completion and 

21 graduate degree completion following the expi22 ration of the intercollegiate athletics eligibility 

23 of the amateur intercollegiate athlete. 

24 (C) The percentage of comprehensive med25 ical coverage required, including any required 


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1 coverage to participate in intercollegiate ath2 letics or to enroll as a student, that will be paid 

3 by the institution of higher education during 

4 the period of intercollegiate athletics eligibility 

5 of the amateur intercollegiate athlete. 

6 (D) The percentage of any out-of-pocket 

7 sports-related medical expenses including 

8 deductibles, copays, and coinsurance, that the 

9 institution of higher education will pay during 

10 the period of intercollegiate athletics eligibility 

11 of the amateur intercollegiate athlete, and the 

12 period for which such expenses will be covered 

13 after such eligibility expires. Differences be14 tween in-network and out-of-network expenses 

15 shall be stated. 

16 (E) Whether or not the institution of high17 er education will pay for a disability insurance 

18 policy to cover the maximum available future 

19 loss of earnings benefit based on market rates 

20 of similarly situated amateur intercollegiate 

21 athletes. 

22 (2) RULE OF CONSTRUCTION.—Nothing in this 

23 subsection shall be construed to require an institu24 tion of higher education to provide a benefit deVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 scribed in any of subparagraphs (A) through (E) of 

2 paragraph (1) unless otherwise required by this Act. 

3 (b) FUNDING TRANSPARENCY.—Section 485(e)(1) of 

4 the Higher Education Act of 1965 (20 U.S.C. 1092(e)(1)) 

5 is amended— 

6 (1) in subparagraph (E), by striking ‘‘and’’ 

7 after the semicolon; 

8 (2) in subparagraph (F), by striking the period 

9 and inserting a semicolon; and 

10 (3) by adding at the end of the following: 

11 ‘‘(G) the total compensation of— 

12 ‘‘(i) the athletic director of the insti13 tutions; 

14 ‘‘(ii) each head coach and each assist15 ant coach of the institution, by sport; 

16 ‘‘(H) the amount of Federal funds received 

17 by the institution of higher education; and 

18 ‘‘(I) the amount of State funds received by 

19 the institution of higher education.’’. 

20 SEC. 7. INSTITUTION REQUIREMENTS FOR FEDERAL STU21 DENT LOAN PROGRAM. 

22 Section 487(a) of the Higher Education Act of 1965 

23 (20 U.S.C. 1094(a)) is amended by adding at the end the 

24 following: 

25 ‘‘(30)(A) The institution will— 


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1 ‘‘(i) comply with the requirements of sec2 tions 3, 4, 5, and 6 of the Amateur Athletes 

3 Protection and Compensation Act of 2021; and 

4 ‘‘(ii) refrain from providing (or affecting or 

5 influencing any third party to provide)— 

6 ‘‘(I) any covered compensation to any 

7 amateur intercollegiate athlete; or 

8 ‘‘(II) any financial aid, participation 

9 benefit, licensing revenue, or other benefit 

10 or payment to an amateur intercollegiate 

11 athlete for use of the athlete’s name, 

12 image, or likeness. 

13 ‘‘(B) In this paragraph, the terms ‘amateur 

14 intercollegiate athlete’, ‘covered compensation’, 

15 ‘image’, ‘likeness’, ‘name’, and ‘third party’ have the 

16 meanings given the terms in section 2 of the Ama17 teur Athletes Protection and Compensation Act of 

18 2021.’’. 

19 SEC. 8. ESTABLISHMENT OF THE AMATEUR INTERCOLLE20 GIATE ATHLETICS CORPORATION. 

21 (a) ESTABLISHMENT.—There is established a govern22 ment corporation, to be known as the ‘‘Amateur Intercolle23 giate Athletics Corporation’’, which shall not for any pur24 pose be an agency or instrumentality of the United States 


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1 Government and shall be subject to the provisions of this 

2 section. 

3 (b) PURPOSES.—The purposes of the AIAC are as 

4 follows: 

5 (1) To serve as a clearinghouse for best prac6 tices with respect to the rights and protections of 

7 amateur intercollegiate athletes who enter into agen8 cy contracts and endorsement contracts, including 

9 by providing guidance to amateur intercollegiate ath10 letes concerning such contracts. 

11 (2) To establish rules to enforce this Act and 

12 impose fines, penalties, and sanctions on amateur 

13 athlete representatives, institutions of higher edu14 cation, conferences, and national amateur athletic 

15 associations that violate such rules. 

16 (3) To coordinate with the Federal Trade Com17 mission to promulgate, administer, and enforce 

18 standards for reviewing and certifying endorsement 

19 contracts entered into by amateur intercollegiate 

20 athletes, including competency and ethical stand21 ards, that apply to— 

22 (A) national amateur athletic associations; 

23 (B) conferences; 

24 (C) amateur intercollegiate athletes; 

25 (D) institutions of higher education; and 


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1 (E) amateur athlete representatives. 

2 (4) To establish a formal certification process 

3 for amateur athlete representatives by which the 

4 AIAC shall— 

5 (A) determine the eligibility of an indi6 vidual to serve as an amateur athlete represent7 ative; 

8 (B) periodically verify an amateur athlete 

9 representative’s continued eligibility and compli10 ance with this Act and the best practices, rules, 

11 and competency and ethical standards estab12 lished under this subsection; and 

13 (C) in the case of noncompliance with this 

14 Act or any such best practice, rule, or com15 petency or ethical standard, revoke a certifi16 cation issued in accordance with this para17 graph. 

18 (5) To provide recommendations to institutions 

19 of higher education, national amateur athletic asso20 ciations, and conferences on protecting amateur 

21 intercollegiate athletes from unscrupulous amateur 

22 athlete representatives. 

23 (6) To investigate disputes with respect to 

24 agency contracts and endorsement contracts entered 

25 into by amateur intercollegiate athletes, including— 


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1 (A) verifying that amateur athlete rep2 resentatives involved in the endorsement con3 tract process have acted in the best interests of 

4 amateur intercollegiate athletes; and 

5 (B) monitoring compliance with, and mak6 ing determinations and findings concerning vio7 lations of, this Act. 

8 (7) To provide to amateur intercollegiate ath9 letes a process for the swift resolution of conflicts 

10 concerning agency contracts and endorsement con11 tracts, including by providing a neutral arbitrator 

12 for any case in which an amateur intercollegiate ath13 lete is the complaining party. 

14 (8) To ensure institutions of higher education 

15 and covered athletic organizations are complying 

16 with agency contract and endorsement contract rules 

17 set forth by the AIAC in accordance with this sec18 tion. 

19 (c) MEMBERSHIP.— 

20 (1) ELIGIBILITY.—Eligibility for membership in 

21 the AIAC shall be as provided in the constitution 

22 and bylaws of the AIAC. 

23 (2) REQUIRED PROVISIONS FOR REPRESENTA24 TION.—In its constitution and bylaws, the AIAC 

25 shall establish and maintain provisions with respect 


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1 to its governance and the conduct of its affairs for 

2 the reasonable representation of— 

3 (A) amateur intercollegiate athletes; 

4 (B) administrators of institutions of higher 

5 education, including directors of athletics; 

6 (C) administrators of national amateur 

7 athletic associations; 

8 (D) athletic conference administrators; 

9 (E) professionals with expertise in sports 

10 marketing, contracting, and public relations; 

11 and 

12 (F) individuals unaffiliated with any na13 tional amateur athletic association who, in the 

14 judgment of the board of directors of the AIAC, 

15 represent the interest of providing oversight of 

16 the activities of the AIAC. 

17 (d) BOARD OF DIRECTORS.— 

18 (1) IN GENERAL.—The AIAC shall be governed 

19 by a board of directors comprised of 15 voting mem20 bers. 

21 (2) REPRESENTATION.— 

(A) IN GENERAL.—Not less than 1 22 ⁄3 of the 

23 membership of the board of directors of the 

24 AIAC shall be composed of current or former 

25 amateur intercollegiate athletes. 


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1 (B) CURRENT AMATEUR INTERCOLLE2 GIATE ATHLETES.—Not less than 20 percent of 

3 the membership of the board of directors of the 

4 AIAC shall be composed of amateur intercolle5 giate athletes who are— 

6 (i) enrolled in a 4-year degree-grant7 ing institution of higher education; and 

8 (ii) actively engaged in amateur inter9 collegiate athletic events. 

10 (e) POWERS.— 

11 (1) CONSTITUTION AND BYLAWS.—The AIAC 

12 shall adopt a constitution and bylaws. 

13 (2) GENERAL CORPORATE POWERS.—The AIAC 

14 may— 

15 (A) establish and maintain offices to con16 duct the affairs of the AIAC; 

17 (B) enter into contracts; 

18 (C) accept gifts, legacies, and devises in 

19 furtherance of its corporate purposes; 

20 (D) acquire, own, lease, encumber, and 

21 transfer property as necessary to carry out the 

22 purposes of the AIAC; 

23 (E) borrow money, issue instruments of in24 debtedness, and secure its obligations by grant25 ing security interests in its property; 


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1 (F) publish a magazine, newsletter, and 

2 other publications consistent with its corporate 

3 purposes; 

4 (G) approve and revoke membership in the 

5 AIAC; and 

6 (H) conduct any other activity necessary 

7 and proper to carry out the purposes of the 

8 AIAC. 

9 (3) SUBPOENA POWER.—The AIAC shall have 

10 subpoena power and shall adopt rules that will result 

11 in the AIAC, in response to appropriate requests, 

12 issuing subpoenas duces tecum and ad testificandum 

13 and compelling deposition testimony at the request 

14 of a national amateur athletic association. 

15 (f) RESTRICTIONS.— 

16 (1) PROFIT AND STOCK.—The AIAC may not 

17 engage in business for profit or issue stock. 

18 (2) POLITICAL ACTIVITIES.—The AIAC shall be 

19 nonpolitical and may not promote the candidacy of 

20 an individual seeking public office. 

21 (g) HEADQUARTERS, PRINCIPAL OFFICE, AND

22 MEETINGS.—The AIAC shall maintain its principal office 

23 and national headquarters in a location in the United 

24 States decided by the AIAC. The AIAC may hold its anVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 nual and special meetings in the places decided by the 

2 AIAC. 

3 (h) SERVICE OF PROCESS.—As a condition to the ex4 ercise of any power or privilege granted by this chapter, 

5 the AIAC shall have a designated agent to receive service 

6 of process for the AIAC. Notice to or service on the agent, 

7 or mailed to the business address of the agent, is notice 

8 to or service on the AIAC. 

9 (i) REPORT.—Not less frequently than annually, the 

10 AIAC shall submit to the Committee on Commerce, 

11 Transportation, and Science of the Senate and the Com12 mittee on Energy and Commerce of the House of Rep13 resentatives a report that includes— 

14 (1) the number of disputes investigated by the 

15 AIAC in the preceding year pursuant to subsection 

16 (b)(6); 

17 (2) the number of such disputes filed in the 

18 preceding year; and 

19 (3) any recommendations to improve the en20 dorsement contract process. 

21 SEC. 9. ENFORCEMENT. 

22 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 

23 violation of this Act shall be treated as a violation of a 

24 rule defining an unfair or deceptive act or practice preVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 scribed under section 18(a)(1)(B) of the Federal Trade 

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

3 (b) ACTIONS BY THE COMMISSION.—The Federal 

4 Trade Commission shall enforce this Act in the same man5 ner, by the same means, and with the same jurisdiction, 

6 powers, and duties as though all applicable terms and pro7 visions of the Federal Trade Commission Act (15 U.S.C. 

8 41 et seq.) were incorporated into and made a part of this 

9 Act. 

10 SEC. 10. ROLE OF NATIONAL AMATEUR ATHLETIC ASSOCIA11 TIONS. 

12 A national amateur athletic association may establish 

13 rules, consistent with this Act and the rules developed 

14 under section 8(b)(2), and enforce such rules by— 

15 (1) declaring ineligible for amateur intercolle16 giate athlete competition an amateur intercollegiate 

17 athlete who receives payments in violation of such 

18 rules; and 

19 (2) withholding 1 or more revenue distributions 

20 from an institution of higher education that makes 

21 payments in violation of such rules. 

22 SEC. 11. REPORTING. 

23 (a) BIENNIAL REPORT.—Not later than 180 days 

24 after the date of enactment of this Act, and biennially 

25 thereafter, the head of each national amateur athletic asVerDate Sep 11 2014 23:54 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S414.IS S414

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1 sociation shall submit to the Committee on Commerce, 

2 Science, and Transportation of the Senate and the Com3 mittee on Energy and Commerce of the House of Rep4 resentatives a report that includes— 

5 (1) a summary of the systemic issues faced by 

6 the national amateur athletic association relating to 

7 compliance with this Act; 

8 (2) a summary of the trends that are devel9 oping among national amateur athletic associations, 

10 conferences, and institutions of higher education in 

11 response to the prohibitions under this Act; and 

12 (3) recommendations for improvements to inter13 collegiate athletics that would improve the health, 

14 safety, and educational opportunities of amateur 

15 intercollegiate athletes. 

16 (b) INVESTIGATION AND REPORT.—Not later than 5 

17 years after the date of enactment of this Act and once 

18 every 5 years thereafter, the Comptroller General of the 

19 United States shall— 

20 (1) conduct an investigation to assess compli21 ance with this Act; and 

22 (2) submit to Congress a report that includes— 

23 (A) a summary of the investigation con24 ducted under paragraph (1); and 


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1 (B) recommendations for improvements to 

2 intercollegiate athletics that would improve the 

3 health, safety, and educational opportunities of 

4 amateur intercollegiate athletes. 

5 SEC. 12. LIMITATION OF LIABILITY. 

6 A national amateur athletic association, a conference, 

7 or an institution of higher education that complies with 

8 the requirements under this Act shall not be subject to 

9 liability, based on action taken by the national amateur 

10 athletic association, conference, or institution of higher 

11 education before the date of enactment of this Act, 

12 under— 

13 (1) any Federal or State statute relating to 

14 trade or competition; or 

15 (2) any Federal or State statute relating to 

16 tortious interference based on concepts of unfair 

17 competition. 

18 SEC. 13. PREEMPTION. 

19 No State or political subdivision of a State may es20 tablish or continue in effect any law or regulation that 

21 governs or regulates the compensation, intellectual prop22 erty rights, endorsement contracts, employment status, or 

23 eligibility for an amateur intercollegiate athletic competi24 tion of any amateur intercollegiate athlete, including any 

25 provision that governs or regulates the commercial use of 


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1 the name, image, or likeness of an amateur intercollegiate 

2 athlete. 

Æ 


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