I 

117TH CONGRESS 

1ST SESSION H. R. 3379 

To establish a government corporation to oversee student athlete agents 

and third-party licensees of student athlete publicity rights, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mr. CHABOT introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To establish a government corporation to oversee student 

athlete agents and third-party licensees of student athlete 

publicity rights, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Modernizing the Collegiate Student Athlete Experience 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Establishment of National Intercollegiate Compensation Corporation. 


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Sec. 3. Oversight of athlete agents and third-party licensees. 

Sec. 4. Covered compensation provided by third parties. 

Sec. 5. Enforcement by Federal Trade Commission. 

Sec. 6. Ability of student athletes to enter into agency contracts and name, 

image, and likeness agreements. 

Sec. 7. Role of intercollegiate athletics associations and conferences. 

Sec. 8. Employment matters. 

Sec. 9. Limitation of liability. 

Sec. 10. Preemption. 

Sec. 11. Definitions. 

1 SEC. 2. ESTABLISHMENT OF NATIONAL INTERCOLLEGIATE 

2 COMPENSATION CORPORATION. 

3 (a) ESTABLISHMENT.—There is established a govern4 ment corporation, to be known as the ‘‘National Intercolle5 giate Compensation Corporation’’, which shall not for any 

6 purpose be an agency or instrumentality of the United 

7 States Government and shall be subject to the provisions 

8 of this Act. 

9 (b) MEMBERSHIP IN CORPORATION.— 

10 (1) IN GENERAL.—The members of the Cor11 poration shall be institutions of higher education. 

12 (2) ELIGIBILITY.—The criteria for an institu13 tion of higher education to be eligible to be a mem14 ber of the Corporation shall be provided in the con15 stitution and bylaws of the Corporation. 

16 (c) BOARD OF DIRECTORS.— 

17 (1) IN GENERAL.—The Corporation shall be 

18 governed by a Board of Directors. 

19 (2) MEMBERSHIP.— 


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1 (A) IN GENERAL.—The Board shall be 

2 composed of the following: 

3 (i) One representative from each of 

4 the top 10 conferences in annual revenue 

5 (as determined under subparagraph (B)), 

6 who shall be chosen by the conference and 

7 shall serve a term of 3 years. 

8 (ii) One representative from each of 

9 the 5 geographic regions of institutions of 

10 higher education that are not members of 

11 a conference described in clause (i), who 

12 shall be chosen by the institutions of high13 er education of the region and shall serve 

14 a term of 3 years. 

15 (iii) Two former corporate executives, 

16 who shall be selected as provided in sub17 paragraph (D) and shall serve a term of 2 

18 years. 

19 (iv) Three representatives of an inter20 collegiate athletics association, who shall 

21 be selected by the association and shall 

22 serve a term to be determined by the asso23 ciation. 

24 (v) One former student athlete from 

25 each of the 5 geographic regions, who shall 


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1 be chosen by vote of the current student 

2 athletes in the region and shall serve a 

3 term of 3 years. 

4 (B) DETERMINATION OF ANNUAL REV5 ENUE.—For purposes of subparagraph (A)(i), 

6 the annual revenue of a conference— 

7 (i) except as provided in clause (ii), 

8 shall be the average of the annual revenue 

9 of the conference published in intercolle10 giate athletics association financial data 

11 for the 3 most recent years for which pub12 lished intercollegiate athletics association 

13 financial data is available; and 

14 (ii) after the date that is 5 years after 

15 the date of the enactment of this Act, may 

16 be determined using the method described 

17 in clause (i) or by an alternative method 

18 established by the Board. 

19 (C) DETERMINATION OF 5 GEOGRAPHIC

20 REGIONS.—For purposes of subparagraph (A), 

21 the 5 geographic regions shall be determined by 

22 an intercollegiate athletics association. 

23 (D) SELECTION OF FORMER CORPORATE

24 EXECUTIVE MEMBERS.—The members of the 


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1 Board described in subparagraph (A)(iii) shall 

2 be selected— 

3 (i) in the case of the members initially 

4 serving under such subparagraph, by an 

5 intercollegiate athletics association; and 

6 (ii) in the case of any members subse7 quently serving under such subparagraph, 

8 by the Board in accordance with criteria 

9 for selection that the Board shall establish. 

10 (3) CHAIR.—The Chair of the Board shall be 

11 selected by the Board from among the members of 

12 the Board. 

13 (4) MEETINGS.—The Board shall hold at least 

14 2 in-person meetings each year. 

15 (5) MAJORITY VOTE.—Any decision of the 

16 Board shall require an affirmative vote by a majority 

17 of the members of the Board present at the meeting. 

18 (6) SUBCOMMITTEES.—The Board may create 

19 subcommittees to oversee adjudications, investiga20 tions, and other matters before the Board. 

21 (7) DISCLOSURES TO COMMISSION.—Each 

22 member of the Board shall file an annual disclosure 

23 with the Commission to limit conflicts of interest. 

24 (8) COMPENSATION.—Members of the Board 

25 shall serve without pay but may receive reimburseVerDate Sep 11 2014 00:29 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3379.IH H3379

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1 ment from the Corporation for travel, lodging, and 

2 meal expenses incurred as a result of official duties 

3 performed as members of the Board. 

4 (d) FUNDING.— 

5 (1) FEES; SELF-FUNDING.—The Corporation 

6 shall be funded by fees collected from registered ath7 lete agents and registered third-party licensees, or 

8 from athlete agents and third-party licensees in con9 nection with application for registration with the 

10 Corporation. 

11 (2) NO FUNDING FROM INSTITUTIONS OF HIGH12 ER EDUCATION OR FEDERAL GOVERNMENT.—The 

13 Corporation may not receive any funds from an in14 stitution of higher education or the Federal Govern15 ment. 

16 (3) USE OF FUNDS.—The Corporation may 

17 only use funds received by the Corporation to— 

18 (A) carry out the functions of the Corpora19 tion under this Act; or 

20 (B) promote intercollegiate athletics. 

21 (e) GOVERNANCE AND POWERS.— 

22 (1) CONSTITUTION AND BYLAWS.—The Board 

23 shall adopt a constitution and bylaws for the Cor24 poration. 


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1 (2) GENERAL CORPORATE POWERS.—The Cor2 poration may— 

3 (A) establish and maintain offices to con4 duct the affairs of the Corporation; 

5 (B) enter into contracts, and accept gifts, 

6 legacies, and devises, in furtherance of the du7 ties of the Corporation under this Act; 

8 (C) acquire, own, lease, encumber, and 

9 transfer property as necessary to carry out the 

10 duties of the Corporation under this Act; 

11 (D) borrow money, issue instruments of in12 debtedness, and secure its obligations by grant13 ing security interests in its property as nec14 essary to carry out the duties of the Corpora15 tion under this Act; 

16 (E) publish a magazine, newsletter, and 

17 other publications consistent with the duties of 

18 the Corporation under this Act; 

19 (F) approve and revoke membership in the 

20 Corporation; and 

21 (G) conduct any other activity necessary 

22 and proper to carry out the duties of the Cor23 poration under this Act. 

24 (f) RESTRICTIONS.— 


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1 (1) PROFIT AND STOCK.—The Corporation may 

2 not engage in business for profit or issue stock. 

3 (2) POLITICAL ACTIVITIES.—The Corporation 

4 shall be nonpolitical and may not promote or oppose 

5 the candidacy of an individual seeking public office. 

6 (g) HEADQUARTERS, PRINCIPAL OFFICE, AND

7 MEETINGS.—The Corporation shall maintain its principal 

8 office and national headquarters in a location in the 

9 United States decided by the Corporation. The Corpora10 tion may hold its annual and special meetings in the places 

11 decided by the Corporation. 

12 SEC. 3. OVERSIGHT OF ATHLETE AGENTS AND THIRD13 PARTY LICENSEES. 

14 (a) REGISTRATION REQUIRED.— 

15 (1) ATHLETE AGENTS.—It shall be unlawful for 

16 an athlete agent to enter into an agency contract 

17 with a student athlete, or to directly or indirectly re18 cruit or solicit a student athlete to enter into an 

19 agency contract, unless such athlete agent is a reg20 istered athlete agent. 

21 (2) THIRD-PARTY LICENSEES.—It shall be un22 lawful for a third-party licensee to license publicity 

23 rights from any student athlete or group of student 

24 athletes, unless such third-party licensee is a reg25 istered third-party licensee. 


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1 (b) RULES FOR ATHLETE AGENTS AND THIRD2 PARTY LICENSEES.— 

3 (1) IN GENERAL.—The Board shall adopt rules 

4 that— 

5 (A) provide for how athlete agents and 

6 third-party licensees may register with the Cor7 poration; and 

8 (B) govern the conduct of registered ath9 lete agents and registered third-party licensees. 

10 (2) BIANNUAL DISCLOSURES.—The rules adopt11 ed under paragraph (1) shall require each registered 

12 athlete agent and each registered third-party li13 censee to file with the Corporation a biannual disclo14 sure that lists each agency contract or name, image, 

15 and likeness agreement entered into by such athlete 

16 agent or third-party licensee during the period cov17 ered by the disclosure and summarizes the material 

18 terms of such contract or agreement, including any 

19 terms relating to price or compensation. 

20 (3) COMPLIANCE TESTS.—The rules adopted 

21 under paragraph (1) shall require each registered 

22 athlete agent and each registered third-party li23 censee to take and pass, at least every 2 years, a 

24 compliance test developed by the Corporation that 

25 evaluates— 


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1 (A) the ability of the athlete agent or 

2 third-party licensee to comply with the rules 

3 adopted under paragraph (1) and approved 

4 under paragraph (6); and 

5 (B) the compliance of the athlete agent or 

6 third-party licensee with such rules during the 

7 preceding 2-year period. 

8 (4) LIMITATION ON DURATION OF CONTRACTS

9 AND AGREEMENTS.—The rules adopted under para10 graph (1) shall prohibit a registered athlete agent or 

11 registered third-party licensee from entering into an 

12 agency contract or name, image, and likeness agree13 ment with a student athlete unless such contract or 

14 agreement— 

15 (A) has a term of not more than 5 years; 

16 and 

17 (B) permits either party to terminate such 

18 contract or agreement without penalty at any 

19 time before the end of the term of such contract 

20 or agreement. 

21 (5) ARBITRATION.—The rules adopted under 

22 paragraph (1) may require a registered athlete agent 

23 or registered third-party licensee to submit a dispute 

24 with a student athlete under an agency contract or 


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1 name, image, and likeness agreement to arbitration 

2 by a neutral party. 

3 (6) RULES SUBJECT TO COMMISSION AP4 PROVAL.— 

5 (A) IN GENERAL.—A rule adopted under 

6 paragraph (1) or any amendment to or repeal 

7 of such a rule (in this paragraph referred to as 

8 a ‘‘proposed rule’’) may not take effect unless 

9 such proposed rule has been approved by the 

10 Commission. 

11 (B) FILING WITH COMMISSION.—The 

12 Board shall file with the Commission, in accord13 ance with such rules as the Commission may 

14 prescribe, copies of any proposed rule. 

15 (C) PUBLICATION.—The Commission shall 

16 publish a proposed rule filed under subpara17 graph (B) and provide interested persons an op18 portunity to comment. 

19 (D) TIMELINE.—Not later than 45 days 

20 after a proposed rule is published under sub21 paragraph (C), the Commission shall approve or 

22 disapprove the proposed rule. 

23 (E) STANDARD FOR APPROVAL.—The 

24 Commission shall approve a proposed rule if the 

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1 sistent with the requirements and purposes of 

2 this Act. 

3 (c) DATABASE OF REGISTERED ATHLETE AGENTS

4 AND REGISTERED THIRD-PARTY LICENSEES.—The Cor5 poration shall maintain, and make publicly available on 

6 the website of the Corporation, a searchable and updated 

7 database of registered athlete agents and registered third8 party licensees, including the biannual disclosures filed by 

9 each such agent or licensee under subsection (b)(2). 

10 (d) INVESTIGATIONS.— 

11 (1) IN GENERAL.—The Corporation may inves12 tigate violations of subsection (a) and the rules ap13 proved under subsection (b)(6). 

14 (2) SUBPOENA POWER.— 

15 (A) IN GENERAL.—The Board may issue 

16 subpoenas requiring the attendance and testi17 mony of witnesses and the production of any 

18 evidence relating to any matter that the Cor19 poration is empowered to investigate by para20 graph (1). The attendance of witnesses and the 

21 production of evidence may be required from 

22 any place within the United States at any des23 ignated place of hearing within the United 

24 States. 


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1 (B) FAILURE TO OBEY A SUBPOENA.—If a 

2 person refuses to obey a subpoena issued under 

3 subparagraph (A), the Board may apply to a 

4 United States district court for an order requir5 ing such person to appear before the Board to 

6 give testimony, produce evidence, or both, relat7 ing to the matter under investigation. The ap8 plication may be made within the judicial dis9 trict where the hearing is conducted or where 

10 such person is found, resides, or transacts busi11 ness. Any failure to obey the order of the court 

12 may be punished by the court as civil contempt. 

13 (C) SERVICE OF SUBPOENAS.—The sub14 poenas of the Board shall be served in the man15 ner provided for subpoenas issued by a United 

16 States district court under the Federal Rules of 

17 Civil Procedure for the United States district 

18 courts. 

19 (D) SERVICE OF PROCESS.—All process of 

20 any court to which application is made under 

21 subparagraph (B) may be served in the judicial 

22 district in which the person required to be 

23 served resides or may be found. 

24 (e) ENFORCEMENT OF RULES BY BOARD.— 


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1 (1) IN GENERAL.—If, after notice to a reg2 istered athlete agent or a registered third-party li3 censee and an opportunity for such agent or licensee 

4 to respond, the Board finds that such agent or li5 censee has violated a rule approved under subsection 

6 (b)(6), the Board may suspend the registration of 

7 such agent or licensee for not more than 3 years. 

8 (2) APPEAL TO COMMISSION.— 

9 (A) IN GENERAL.—In accordance with 

10 such rules as the Commission may prescribe, 

11 any registered athlete agent or registered third12 party licensee subject to a final decision by the 

13 Board under paragraph (1) may obtain review 

14 by the Commission of such decision. The Com15 mission may uphold or reverse such decision in 

16 whole or in part, including by reducing the pe17 riod of any suspension of the registration of the 

18 athlete agent or third-party licensee. 

19 (B) STANDARD OF REVIEW.—In any re20 view of a decision of the Board under subpara21 graph (A), except when the Commission con22 siders it necessary for the Commission to review 

23 the decision de novo— 


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1 (i) the findings of the Board as to the 

2 facts, if supported by evidence, shall be 

3 conclusive; and 

4 (ii) the Commission shall apply the 

5 same standard of review as a reviewing 

6 court under section 706 of title 5, United 

7 States Code. 

8 (f) REFERRAL OF VIOLATIONS OF LAW TO APPRO9 PRIATE FEDERAL AGENCIES.—If the Board becomes 

10 aware of a violation or potential violation of Federal law 

11 by an athlete agent, third-party licensee, institution of 

12 higher education, intercollegiate athletics association, con13 ference, or student athlete, the Board shall refer the mat14 ter to the appropriate Federal agency. 

15 (g) BEST PRACTICES AND TEMPLATES FOR CON16 TRACTS AND AGREEMENTS.—The Corporation shall— 

17 (1) conduct studies to develop best practices 

18 and templates for agency contracts and name, 

19 image, and likeness agreements; and 

20 (2) make the best practices and templates de21 veloped under paragraph (1), including any updates 

22 to such best practices and templates, publicly avail23 able on the website of the Corporation. 


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1 SEC. 4. COVERED COMPENSATION PROVIDED BY THIRD 

2 PARTIES. 

3 The provision of covered compensation to a student 

4 athlete who is enrolled, or may in the future enroll, in an 

5 institution of higher education— 

6 (1) may only be promised, paid, or permitted if 

7 the covered compensation is sourced from, and pro8 vided at the discretion of, a third party; and 

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

10 induce— 

11 (A) the recruitment of a student athlete to 

12 any institution of higher education or group of 

13 institutions of higher education; or 

14 (B) a student athlete to continue attending 

15 a particular institution of higher education. 

16 SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

17 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

18 A violation of section 3(a) or 4, or a rule prescribed under 

19 such section, shall be treated as a violation of a rule defin20 ing an unfair or deceptive act or practice prescribed under 

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

22 (15 U.S.C. 57a(a)(1)(B)). 

23 (b) ACTIONS BY COMMISSION.—The Commission 

24 shall enforce sections 3(a) and 4, and the rules prescribed 

25 under such sections, in the same manner, by the same 

26 means, and with the same jurisdiction, powers, and duties 


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1 as though all applicable terms and provisions of the Fed2 eral Trade Commission Act (15 U.S.C. 41 et seq.) were 

3 incorporated into and made a part of this Act. 

4 (c) RULEMAKING AUTHORITY.—The Commission 

5 may prescribe rules in accordance with section 553 of title 

6 5, United States Code, to implement this Act. 

7 SEC. 6. ABILITY OF STUDENT ATHLETES TO ENTER INTO 

8 AGENCY CONTRACTS AND NAME, IMAGE, AND 

9 LIKENESS AGREEMENTS. 

10 (a) AGENCY CONTRACTS.—An intercollegiate ath11 letics association, a conference, or an institution of higher 

12 education may not punish or prohibit the participation of 

13 a student athlete in an amateur intercollegiate athletic 

14 event or amateur intercollegiate athletic competition based 

15 on the student athlete having entered into an agency con16 tract with a registered athlete agent. 

17 (b) NAME, IMAGE, AND LIKENESS AGREEMENTS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), an intercollegiate athletics association, a 

20 conference, or an institution of higher education may 

21 not punish or prohibit the participation of a student 

22 athlete in an amateur intercollegiate athletic event 

23 or amateur intercollegiate athletic competition based 

24 on the student athlete having entered into a name, 


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1 image, and likeness agreement with a registered 

2 third-party licensee. 

3 (2) EXCEPTIONS.—An intercollegiate athletics 

4 association, a conference, or an institution of higher 

5 education may prohibit the participation of a stu6 dent athlete in an amateur intercollegiate athletic 

7 event or amateur intercollegiate athletic competition 

8 based on the student athlete having entered into a 

9 name, image, and likeness agreement with a reg10 istered third-party licensee if— 

11 (A) the agreement violates— 

12 (i) the code of student conduct of 

13 such intercollegiate athletics association, 

14 conference, or institution of higher edu15 cation; or 

16 (ii) section 4, a rule prescribed under 

17 such section, or a rule approved under sec18 tion 3(b)(6); or 

19 (B) the student athlete fails to provide a 

20 copy of the agreement to an institution of high21 er education as required by paragraph (4). 

22 (3) LIMITATION.—During and immediately be23 fore and after an amateur intercollegiate athletic 

24 event or amateur intercollegiate athletic competition, 

25 an institution of higher education may prohibit a 


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1 student athlete enrolled in such institution from en2 gaging in promotional or endorsement activities in 

3 connection with a name, image, and likeness agree4 ment. 

5 (4) DISCLOSURES.— 

6 (A) ENROLLED ATHLETES.—With respect 

7 to a student athlete enrolled in an institution of 

8 higher education who enters into a name, 

9 image, and likeness agreement, the student ath10 lete shall, not later than 7 days after entering 

11 into the agreement, provide to the institution of 

12 higher education a copy of the agreement. 

13 (B) RECRUITED ATHLETES.—With respect 

14 to a student athlete who is or may be recruited 

15 to attend, but is not yet enrolled in, an institu16 tion of higher education and who enters into a 

17 name, image, and likeness agreement, the stu18 dent athlete shall, before signing a letter of in19 tent or athletics aid agreement or paying an ad20 missions acceptance fee, provide to the institu21 tion of higher education a copy of all current 

22 and expired name, image, and likeness agree23 ments entered into by the student athlete. 

24 (c) ENFORCEMENT.— 


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1 (1) COMPLAINT BY STUDENT ATHLETE.—A 

2 student athlete may file with the Board a complaint 

3 alleging that an intercollegiate athletics association, 

4 a conference, or an institution of higher education 

5 has punished or prohibited the participation of the 

6 student athlete in an amateur intercollegiate athletic 

7 event or amateur intercollegiate athletic competition 

8 in violation of subsection (a) or (b). 

9 (2) ORDER BY BOARD.—After providing notice 

10 and an opportunity to respond to an intercollegiate 

11 athletics association, conference, or institution of 

12 higher education against which a complaint of a stu13 dent athlete is filed under paragraph (1), the Board 

14 shall issue an order— 

15 (A) stating the findings of the Board re16 garding whether the association, conference, or 

17 institution has punished or prohibited the par18 ticipation of the student athlete in violation of 

19 subsection (a) or (b); and 

20 (B) if the Board finds that the association, 

21 conference, or institution has punished or pro22 hibited the participation of the student athlete 

23 in violation of subsection (a) or (b), directing 

24 the association, conference, or institution— 


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1 (i) if such event or competition has 

2 not concluded when the order of the Board 

3 is issued, to remove the punishment or 

4 prohibition in such event or competition; 

5 and 

6 (ii) to remove or not impose any simi7 lar punishment or prohibition with respect 

8 to the agency contract or name, image, 

9 and likeness agreement in question in any 

10 such events or competitions in the future. 

11 (3) APPEAL TO COMMISSION.— 

12 (A) IN GENERAL.—In accordance with 

13 such rules as the Commission may prescribe, 

14 any student athlete or intercollegiate athletics 

15 association, conference, or institution of higher 

16 education subject to a final order of the Board 

17 under paragraph (2) may obtain review of the 

18 order by the Commission. The Commission may 

19 uphold or reverse the order in whole or in part, 

20 including by modifying or adding a direction to 

21 the association, conference, or institution under 

22 subparagraph (B) of such paragraph. 

23 (B) STANDARD OF REVIEW.—In any re24 view of an order of the Board under subpara25 graph (A), except when the Commission conVerDate Sep 11 2014 00:29 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3379.IH H3379

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1 siders it necessary for the Commission to review 

2 the order de novo— 

3 (i) the findings of the Board as to the 

4 facts, if supported by evidence, shall be 

5 conclusive; and 

6 (ii) the Commission shall apply the 

7 same standard of review as a reviewing 

8 court under section 706 of title 5, United 

9 States Code. 

10 (C) JURISDICTION OF COMMISSION.—Not11 withstanding sections 4 and 5(a)(2) of the Fed12 eral Trade Commission Act (15 U.S.C. 44; 

13 45(a)(2)) and any other jurisdictional limitation 

14 of the Commission, the Commission may review 

15 under subparagraph (A) an order of the Board 

16 that applies to an intercollegiate athletics asso17 ciation, conference, or institution of higher edu18 cation that is— 

19 (i) not organized to carry on business 

20 for its own profit or that of its members; 

21 or 

22 (ii) a public institution. 

23 (4) INJUNCTIVE RELIEF.—If, after the time for 

24 appeal to the Commission of an order of the Board 

25 under paragraph (2) has expired or the Commission 


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1 has issued a final decision in any such appeal, an 

2 intercollegiate athletics association, conference, or 

3 institution of higher education fails to comply with 

4 the order, the student athlete who filed the com5 plaint to which the order relates may bring in an ap6 propriate district court of the United States a civil 

7 action to obtain an injunction directing the associa8 tion, conference, or institution to comply with the 

9 order. 

10 (d) CONFORMING AMENDMENT.—Section 3(b)(3) of 

11 the Sports Agent Responsibility and Trust Act (15 U.S.C. 

12 7802(b)(3)) is amended by striking ‘‘Warning to Student 

13 Athlete’’ and all that follows through ‘‘Within’’ and insert14 ing ‘‘Notice to Student Athlete: Within’’. 

15 SEC. 7. ROLE OF INTERCOLLEGIATE ATHLETICS ASSOCIA16 TIONS AND CONFERENCES. 

17 Nothing in this Act may be construed to prohibit an 

18 intercollegiate athletics association or conference from— 

19 (1) adopting rules, consistent with this Act and 

20 the rules approved under section 3(b)(6); and 

21 (2) enforcing the rules adopted by the associa22 tion or conference under paragraph (1) by— 

23 (A) declaring ineligible for competition a 

24 student athlete who, directly or indirectly (in25 cluding through a family member of the student 


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1 athlete acting on behalf of the student athlete), 

2 receives payments in violation of this Act or any 

3 such rule; and 

4 (B) withholding 1 or more revenue dis5 tributions from an institution of higher edu6 cation that makes payments in violation of this 

7 Act or any such rule. 

8 SEC. 8. EMPLOYMENT MATTERS. 

9 Notwithstanding any other provision of Federal or 

10 State law, a student athlete may not be considered an em11 ployee of an intercollegiate athletics association, a con12 ference, or an institution of higher education based on the 

13 participation of such student athlete in amateur intercolle14 giate athletic events or amateur intercollegiate athletic 

15 competitions. 

16 SEC. 9. LIMITATION OF LIABILITY. 

17 An intercollegiate athletics association, a conference, 

18 or an institution of higher education that complies with 

19 the requirements under this Act shall not be subject to 

20 liability, based on action taken by the intercollegiate ath21 letics association, conference, or institution of higher edu22 cation before the date of the enactment of this Act, 

23 under— 

24 (1) any Federal or State statute relating to 

25 trade or competition; or 


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1 (2) any Federal or State statute relating to 

2 tortious interference based on concepts of unfair 

3 competition. 

4 SEC. 10. PREEMPTION. 

5 No State or political subdivision of a State may es6 tablish or continue in effect any law, regulation, rule, re7 quirement, or standard that governs or regulates the com8 pensation, publicity rights, employment status, or eligi9 bility for competition of a student athlete, including any 

10 provision that governs or regulates the commercial use of 

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

12 SEC. 11. DEFINITIONS. 

13 In this Act: 

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

15 contract’’ means a written agreement in which a stu16 dent athlete authorizes an individual to negotiate or 

17 solicit on behalf of the student athlete a name, 

18 image, and likeness agreement. 

19 (2) AMATEUR INTERCOLLEGIATE ATHLETIC

20 COMPETITION.—The term ‘‘amateur intercollegiate 

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

22 or other competition between or among teams spon23 sored by institutions of higher education. 

24 (3) AMATEUR INTERCOLLEGIATE ATHLETIC

25 EVENT.— 


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1 (A) IN GENERAL.—The term ‘‘amateur 

2 intercollegiate athletic event’’ means a game, 

3 meet, competition, banquet, practice, condi4 tioning session, media session, or any other 

5 event relating to varsity intercollegiate athletics 

6 that has been organized or authorized by an 

7 athletics representative of an institution of 

8 higher education or by an intercollegiate ath9 letics association or conference, regardless of 

10 whether such event occurs on or off the campus 

11 of an institution of higher education or during 

12 or outside the season for competition. 

13 (B) INCLUSION.—The term ‘‘amateur 

14 intercollegiate athletic event’’ includes travel to 

15 and from any event described in subparagraph 

16 (A). 

17 (4) ATHLETE AGENT.— 

18 (A) IN GENERAL.—The term ‘‘athlete 

19 agent’’ means an individual who enters into an 

20 agency contract with a student athlete, or di21 rectly or indirectly recruits or solicits a student 

22 athlete to enter into an agency contract. 

23 (B) EXCLUSION.—The term ‘‘athlete 

24 agent’’ does not include a spouse, parent, sib25 ling, grandparent, or guardian of such student 


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1 athlete, any legal counsel for purposes other 

2 than that of representative agency, or an indi3 vidual acting solely on behalf of a professional 

4 sports team or professional sports organization. 

5 (5) ATHLETICS BOOSTER.—The term ‘‘athletics 

6 booster’’ means any individual or entity that, di7 rectly or indirectly, through any other individual or 

8 entity or in any other manner— 

9 (A) has provided 1 or more donations ex10 ceeding $5,000, in the aggregate, to obtain sea11 son tickets for any sport at an institution of 

12 higher education; 

13 (B) has made 1 or more financial contribu14 tions exceeding $5,000, in the aggregate, to the 

15 athletics department or other athletics manage16 ment organization of an institution of higher 

17 education; or 

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

19 employee of an institution of higher education 

20 to assist, in the recruitment of a student ath21 lete. 

22 (6) BOARD.—The term ‘‘Board’’ means the 

23 Board of Directors of the Corporation. 

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

25 means the Federal Trade Commission. 


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

2 means any organization or association that— 

3 (A) has as members 2 or more institutions 

4 of higher education; and 

5 (B) arranges championships and sets rules 

6 for varsity intercollegiate sports competition. 

7 (9) CORPORATION.—The term ‘‘Corporation’’ 

8 means the National Intercollegiate Compensation 

9 Corporation established by section 2(a). 

10 (10) COST OF ATTENDANCE.—The term ‘‘cost 

11 of attendance’’— 

12 (A) has the meaning given the term in sec13 tion 472 of the Higher Education Act of 1965 

14 (20 U.S.C. 1087ll); and 

15 (B) shall be calculated by the financial aid 

16 office of each institution applying the same 

17 standards, policies, and procedures for all stu18 dents, including such amounts paid or provided 

19 by the institution for undergraduate and grad20 uate studies at the institution. 

21 (11) COVERED COMPENSATION.— 

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

23 compensation’’ means any form of payment or 

24 remuneration, including cash, benefits, awards, 


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

2 of payment or remuneration. 

3 (B) INCLUSIONS.—The term ‘‘covered 

4 compensation’’ includes social media compensa5 tion and payments for licensing or use of pub6 licity rights or for other intellectual or intan7 gible property rights under Federal or State 

8 law. 

9 (C) EXCLUSIONS.—The term ‘‘covered 

10 compensation’’ does not include the payment or 

11 provision of the following: 

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

13 and personal expenses paid or provided by 

14 an institution of higher education up to the 

15 full cost of attendance. 

16 (ii) Federal Pell Grants and other 

17 State and Federal grants unrelated to, and 

18 not awarded with respect to, participation 

19 in varsity intercollegiate sports competi20 tion. 

21 (iii) Health insurance and the costs of 

22 health care wholly or partly self-funded by 

23 an intercollegiate athletics association, a 

24 conference, or an institution of higher edu25 cation. 


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1 (iv) Disability and loss of value insur2 ance that is wholly or partly self-funded by 

3 an intercollegiate athletics association, a 

4 conference, or an institution of higher edu5 cation. 

6 (v) Career counseling or job place7 ment services available to all students at 

8 an institution of higher education. 

9 (vi) Payment of hourly wages and 

10 benefits for work actually performed (and 

11 not for participation in intercollegiate ath12 letics) at a rate commensurate with the 

13 prevailing rate in the locality of an institu14 tion of higher education for similar work. 

15 (12) FORMER STUDENT ATHLETE.—The term 

16 ‘‘former student athlete’’ means a student athlete 

17 who is no longer eligible to participate in intercolle18 giate athletics. 

19 (13) IMAGE.—The term ‘‘image’’, with respect 

20 to a student athlete, means a picture or video of the 

21 student athlete. 

22 (14) INSTITUTION OF HIGHER EDUCATION.— 

23 The term ‘‘institution of higher education’’ means 

24 an institution of higher education (as defined in sec25 tion 101 of the Higher Education Act of 1965 (20 


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1 U.S.C. 1001)) that sponsors varsity intercollegiate 

2 sports competition in the United States. 

3 (15) INTERCOLLEGIATE ATHLETICS.—The term 

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

5 collegiate level for which eligibility requirements for 

6 participation by student athletes are established by 

7 an association for the promotion or regulation of col8 legiate athletics. 

9 (16) INTERCOLLEGIATE ATHLETICS ASSOCIA10 TION.—The term ‘‘intercollegiate athletics associa11 tion’’ means any organization or association that— 

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

13 and 

14 (B) arranges championships and sets rules 

15 for varsity intercollegiate sports competition. 

16 (17) LIKENESS.—The term ‘‘likeness’’, with re17 spect to a student athlete, means a physical or dig18 ital depiction or representation of the student ath19 lete. 

20 (18) LOSS OF VALUE INSURANCE.—The term 

21 ‘‘loss of value insurance’’ means insurance that pro22 tects the future contract value of a student athlete 

23 from decreasing below a predetermined amount due 

24 to significant injury or illness suffered by the stuVerDate Sep 11 2014 00:29 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3379.IH H3379

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1 dent athlete during the designated coverage period 

2 of the insurance policy. 

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

4 a student athlete, means the first or last name of, 

5 the nickname of, or any other personal identifier of 

6 or directly related to the student athlete, when used 

7 in a context that reasonably identifies the student 

8 athlete with particularity. 

9 (20) NAME, IMAGE, AND LIKENESS AGREE10 MENT.—The term ‘‘name, image, and likeness agree11 ment’’ means a contract or similar arrangement be12 tween a student athlete and a third-party licensee 

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

14 likeness of the student athlete. 

15 (21) PUBLICITY RIGHT.—The term ‘‘publicity 

16 right’’— 

17 (A) means a right that is recognized under 

18 a Federal or State law that permits an indi19 vidual to control and profit from the commer20 cial use of the name, image, or likeness of the 

21 individual; and 

22 (B) includes any right that is licensed 

23 under a name, image, and likeness agreement. 

24 (22) REGISTERED ATHLETE AGENT.—The term 

25 ‘‘registered athlete agent’’ means an athlete agent 


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1 that is registered with the Corporation under section 

2 3. 

3 (23) REGISTERED THIRD-PARTY LICENSEE.— 

4 The term ‘‘registered third-party licensee’’ means a 

5 third-party licensee that is registered with the Cor6 poration under section 3. 

7 (24) SOCIAL MEDIA COMPENSATION.—The term 

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

9 payment for engagement on social media received by 

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

11 image, or likeness of the student athlete. 

12 (25) STATE.—The term ‘‘State’’ means each 

13 State of the United States, the District of Columbia, 

14 each commonwealth, territory, or possession of the 

15 United States, and each federally recognized Indian 

16 Tribe. 

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

18 athlete’’ means any individual enrolled in an institu19 tion of higher education who participates, or any in20 dividual who may be recruited to enroll in such an 

21 institution and participate, as a team member or 

22 competitor in varsity intercollegiate sports competi23 tion sponsored by the institution of higher education. 

24 (27) THIRD PARTY.—The term ‘‘third party’’ 

25 means an individual or entity that— 


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1 (A) is not an athletics department or an 

2 athletics booster of an institution of higher edu3 cation; and 

4 (B) is unaffiliated with an athletics depart5 ment or an athletics booster of an institution of 

6 higher education. 

7 (28) THIRD-PARTY LICENSEE.— 

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

9 licensee’’ means any individual or entity that li10 censes publicity rights from any student athlete 

11 or group of student athletes. 

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

13 licensee’’ does not include any intercollegiate 

14 athletics association, conference, or institution 

15 of higher education. 

16 (29) UNAFFILIATED.—With respect to 2 or 

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

18 means that the individuals or entities do not share 

19 interrelated operations, common management, cen20 tralized control of labor relations, or common owner21 ship or financial control. 

22 (30) VARSITY INTERCOLLEGIATE SPORTS COM23 PETITION.—The term ‘‘varsity intercollegiate sports 

24 competition’’ means competition between and among 

25 collegiate sports teams that principally represent an 


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1 institution of higher education at the highest level of 

2 competition. 

Æ 


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