Fairness in Collegiate Athletics Act

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. Short title This Act may be cited as the Fairness in Collegiate Athletics Act 2. Definitions In this Act— (1) Commission The term Commission (2) Compensation The term compensation (3) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (4) Intercollegiate athletic association The term intercollegiate athletic association (A) means— (i) the National Collegiate Athletic Association (or any successor organization); and (ii) any intercollegiate athletic association that the Commission determines is similar in purpose and scope to the association described in clause (i), subject to subparagraph (B); and (B) does not include the National Junior College Athletic Association (or any successor organization) or the National Association of Intercollegiate Athletics (or any successor organization). (5) Student athlete The term student athlete (6) Third party The term third party 3. Establishment of rules for payment of student athletes Not later than June 30, 2021, any intercollegiate athletic association shall establish— (1) a policy that permits any student athlete to— (A) earn compensation from a third party as a result of the use of the name, image, or likeness of such student athlete; and (B) subject to the requirements under section 3 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7802 (2) rules and programs for the administration of the policy described in paragraph (1), including— (A) requiring student athletes to report any compensation described in such paragraph, or any agreement to receive such compensation, to the institution of higher education in which they are enrolled and the intercollegiate athletic association within a reasonable period following— (i) the date on which an agreement to receive such compensation is reached between the student athlete and the third party; and (ii) the date on which such compensation is received by the student athlete; and (B) such rules and programs as are deemed necessary to— (i) preserve the amateur status of student athletes; (ii) ensure appropriate recruitment of prospective student athletes; and (iii) prevent illegitimate activity with respect to any third party seeking to recruit or retain student athletes with respect to any institution of higher education, including any third party— (I) with a prior or existing association, either formally or informally, with any institution of higher education; or (II) with a prior or existing financial involvement with respect to postsecondary athletics. 4. Enforcement provisions (a) Unfair or deceptive act or practice (1) In general A violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Actions by the Commission The Commission shall enforce section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 (3) Enforcement related to nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 (b) Exception Except as provided under subsection (a), no cause of action shall lie or be maintained in any court against any intercollegiate athletic association, or any institution of higher education which is a member of such association for the adoption or enforcement of a policy, rule, or program established under section 3. 5. Preemption No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard related to permitting or prohibiting a student athlete to receive compensation from an institution of higher education or a third party as a result of such athlete's performance or participation in postsecondary athletics.

Summary: Fairness in Collegiate Athletics Act This bill requires an intercollegiate athletic association to establish a policy that permits a student athlete to earn compensation from a third party for the use of the name, image, or likeness of the athlete and to obtain professional representation with respect to such compensation. An association must establish rules and programs to administer such policy, including reporting requirements for such compensation and necessary measures to preserve the amateur status of student athletes.