financial assistance, including the provision of tui-
tion, room, board, books, or funds for fees or per-
sonal expenses, that— 
(A) is paid or provided by an institution to 
a student for the undergraduate or graduate 
course of study of the student; and 
(B) is in an amount that does not exceed 
the cost of attendance for such student at the 
institution. 
(5) IMAGE.—The term ‘‘image’’ means, with re-
spect to a student athlete, a picture or video that 
identifies, is linked to, or is reasonably linked to 
such student athlete. 
(6) INSTITUTION.—The term ‘‘institution’’ has 
the meaning given the term ‘‘institution of higher 
education’’ in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
(7) INTERCOLLEGIATE
ATHLETIC
COMPETI-
TION.—The term ‘‘intercollegiate athletic competi-
tion’’ means any contest, game, meet, match, tour-
nament, regatta, or other event in which varsity 
sports teams of more than 1 institution compete. 
(8) INTERSTATE INTERCOLLEGIATE ATHLETIC 
ASSOCIATION.—The term ‘‘interstate intercollegiate 
athletic association’’ means— 
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(A) any entity organized in the United 
States that— 
(i) sponsors or arranges intercollegiate 
athletic competitions between institutions 
and conferences; 
(ii) sets common rules, standards, 
procedures, or guidelines for the adminis-
tration of intercollegiate athletic competi-
tions; and 
(iii) is composed of 2 or more con-
ferences with member institutions located 
in more than 1 State; and 
(B) does not include an entity affiliated 
with professional athletic competitions. 
(9) LIKENESS.—The term ‘‘likeness’’ means, 
with respect to a student athlete, a physical or dig-
ital depiction or representation that identifies, is 
linked to, or is reasonably linked to such student 
athlete. 
(10) NAME.—The term ‘‘name’’ means, with re-
spect to a student athlete, the first or last name, or 
the nickname, of such student athlete if used in a 
context that identifies, is linked to, or is reasonably 
linked to such student athlete. 
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(11) NAME, IMAGE, AND
LIKENESS
AGREE-
MENT.—The term ‘‘name, image, and likeness agree-
ment’’ means a contract or similar agreement be-
tween a student athlete and a third party regarding 
the commercial use of the name, image, or likeness 
of the student athlete. 
(12) NAME, IMAGE, AND LIKENESS RIGHTS.— 
The term ‘‘name, image, and likeness rights’’ means 
rights recognized under Federal or State law that 
allow an individual to control and profit from the 
commercial use of the name, image, and likeness of 
such individual, including all rights commonly re-
ferred to as ‘‘publicity rights’’. 
(13) NIL REPRESENTATION.—The term ‘‘NIL 
representation’’— 
(A) means representation of a student ath-
lete by an individual or entity with respect to 
a name, image, and likeness agreement; and 
(B) does not include such representation if 
carried out by an immediate family member of 
the student athlete. 
(14) STUDENT ATHLETE.—The term ‘‘student 
athlete’’ means an individual who— 
(A) is enrolled at an institution; and 
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(B) participates in a varsity sports team of 
such institution. 
(15) THIRD PARTY.—The term ‘‘third party’’— 
(A) means any individual or entity that li-
censes name, image, and likeness rights from 
any current or prospective student athlete or 
any group of such athletes; and 
(B) does not include an institution, con-
ference, or interstate intercollegiate athletic as-
sociation. 
(16) VARSITY SPORTS TEAM.—The term ‘‘var-
sity sports team’’ means an entity composed of an 
individual or group of individuals enrolled at an in-
stitution that is organized by such institution for the 
purpose of participation in intercollegiate athletic 
competitions. 
SEC. 3. PROTECTION OF NAME, IMAGE, AND LIKENESS 
RIGHTS OF STUDENT ATHLETES. 
(a) RIGHT TO ENTER INTO NAME, IMAGE, AND 
LIKENESS AGREEMENTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no institution, conference, or interstate 
intercollegiate athletic association may restrict the 
ability of a student athlete to enter into a name, 
image, and likeness agreement. 
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(2) EXCEPTIONS.—An institution, conference, 
or interstate intercollegiate athletic association may 
restrict the eligibility of a student athlete for inter-
collegiate athletic competitions if such student ath-
lete enters into a name, image, and likeness agree-
ment that— 
(A) violates the code of student conduct of 
the institution at which the student athlete is 
enrolled; 
(B) negatively impacts the reputation or 
public image of such institution; or 
(C) conflicts with the terms of an existing 
contract or agreement of such institution. 
(3) DISCLOSURE.— 
(A) IN GENERAL.—Not later than 60 days 
after the date on which a student athlete enters 
into a name, image, and likeness agreement, 
such student athlete shall disclose the terms of 
such agreement to the institution at which such 
student athlete is enrolled. 
(B) RELEASE OF INFORMATION.—Except 
as provided in section 6, an institution may not 
release any information provided by a student 
athlete in a disclosure provided under subpara-
graph (A) without the express written consent 
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of such student athlete or the NIL representa-
tion of the student athlete. 
(b) RIGHT TO REPRESENTATION.—No institution, 
conference, or interstate intercollegiate athletic association 
may prohibit the participation of a student athlete in an 
intercollegiate athletic competition, or events relating to 
an intercollegiate athletic competition, on the basis that 
the student athlete has obtained NIL representation. 
(c) REQUIREMENTS FOR NAME, IMAGE, AND LIKE-
NESS AGREEMENTS.—A name, image, and likeness agree-
ment is void from the inception of such agreement if such 
agreement does not satisfy the following requirements: 
(1) The agreement is in writing. 
(2) The agreement contains— 
(A) a description of any services to be ren-
dered under the agreement; 
(B) the names of the parties to the agree-
ment; 
(C) the term of the agreement; 
(D) the amount of compensation to be pro-
vided to the relevant student athlete under the 
agreement; and 
(E) a provision specifying under what cir-
cumstances or events the agreement may be 
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terminated on account of non-performance of 
obligations by the relevant student athlete. 
SEC. 4. MODIFICATIONS TO SPORTS AGENT RESPONSI-
BILITY AND TRUST ACT. 
The Sports Agent Responsibility and Trust Act (15 
U.S.C. 7801 et seq.) is amended— 
(1) in section 3(b)(3), by striking ‘‘Warning to 
Student Athlete: If you agree orally or in writing to 
be represented by an agent now or in the future you 
may lose your eligibility to compete as a student ath-
lete in your sport.’’; and 
(2) by adding at the end the following: 
‘‘SEC. 9. DISCLOSURE AND CONSENT RELATING TO NAME, 
IMAGE, AND LIKENESS AGREEMENTS. 
‘‘(a) IN GENERAL.—An athlete agent who assists a 
student athlete with an endorsement contract shall dis-
close to the student athlete— 
‘‘(1) whether the athlete agent is registered 
with an interstate intercollegiate athletic association 
(as defined in section 2 of the SPORTS Act); and 
‘‘(2) if registered with such an association, 
whether such association has as a member the insti-
tution (as defined in section 2 of the SPORTS Act) 
at which the student athlete is enrolled. 
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‘‘(b) CONSENT.—In the case of an athlete agent that 
is not registered with an interstate intercollegiate athletic 
association (as defined in section 2 of the SPORTS Act), 
the athlete agent may only assist a student athlete with 
an endorsement contract if such student athlete (or, in 
the case of a student athlete who is under 18 years of 
age, the parent or guardian of such student athlete) pro-
vides to the athlete agent written consent for such assist-
ance after receiving a written disclosure from the athlete 
agent that the athlete agent is not registered with such 
an association.’’. 
SEC. 5. ROLES OF CONFERENCES AND INTERSTATE INTER-
COLLEGIATE ATHLETIC ASSOCIATIONS. 
(a) REQUIREMENTS.—Each interstate intercollegiate 
athletic association shall— 
(1) establish a process by which an individual 
or entity seeking to represent a student athlete with 
respect to a name, image, and likeness agreement 
may register with such interstate intercollegiate ath-
letic association for purposes of NIL representation; 
and 
(2) establish and maintain a publicly accessible, 
searchable database to assist student athletes and 
the NIL representation of such athletes to estimate 
the fair market value for name, image, and likeness 
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agreements based on the information provided under 
section 6. 
(b) OTHER ROLES.—Each conference or interstate 
intercollegiate athletic association may— 
(1) establish and enforce rules relating to— 
(A) the manner and timing for the recruit-
ment of an athlete before and during the period 
of eligibility of such athlete for intercollegiate 
athletic competitions; and 
(B) the transfer of student athletes be-
tween institutions, including prohibiting or lim-
iting compensation to student athletes by insti-
tutions and conferences for the purposes of in-
ducing a student athlete to transfer institutions; 
(2) provide student athletes and the parents 
and guardians of student athletes with educational 
materials relating to name, image, and likeness 
rights; 
(3) organize championships; and 
(4) establish bylaws governing membership 
under which a conference or interstate intercollegiate 
athletic association may, if in compliance with this 
Act— 
(A) remove member institutions; 
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(B) restrict participation in intercollegiate 
athletic competitions for institutions or student 
athletes; and 
(C) restrict eligibility of student athletes 
for intercollegiate athletic competitions. 
SEC. 6. DETERMINATION OF NIL MARKET VALUE. 
(a) DISCLOSURE REQUIREMENTS.— 
(1) IN GENERAL.—Not later than July 1 of the 
first year beginning after the date of the enactment 
of this Act, and annually thereafter, each institution 
shall provide, in an anonymized manner, to any 
interstate intercollegiate athletic association of which 
such institution is a member the following data with 
respect to each name, image, and likeness agreement 
disclosed to the institution under section 3(a)(3) 
during the preceding year: 
(A) A description of services rendered by 
the student athlete under such agreement. 
(B) The amount of compensation to be 
provided to the student athlete under such 
agreement. 
(2) PROTECTION
OF
PERSONALLY
IDENTIFI-
ABLE INFORMATION.—In providing data under para-
graph (1), an institution shall ensure that no per-
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sonally identifiable information of a student athlete 
is transmitted. 
(b) DATABASE.— 
(1) IN GENERAL.—Data provided to an inter-
state intercollegiate athletic association under sub-
section (a) shall be used by such association to es-
tablish and maintain a publicly accessible, searchable 
database for student athletes and the NIL represen-
tation of such athletes to estimate the fair market 
value for name, image, and likeness agreements. 
(2) PRIVACY.—An interstate intercollegiate ath-
letic association shall take reasonable measures to 
ensure that data available in the database described 
in paragraph (1) is unable to be used to identify a 
student athlete. 
SEC. 7. ELIGIBILITY FOR CERTAIN DEPARTMENT OF EDU-
CATION FUNDING. 
(a) IN GENERAL.—An institution is not eligible for 
any Federal funding made available by the Department 
of Education unless such institution satisfies the require-
ments of this section, including any requirement included 
in a regulation promulgated under subsection (e). 
(b) EDUCATION AND TRAINING.—An institution shall 
provide, to each student athlete who receives a grant-in- 
aid from such institution in relation to participation in a 
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varsity sports team, education and training with respect 
to the following: 
(1) Career preparation. 
(2) Financial literacy. 
(3) Mental health. 
(4) Name, image, and likeness opportunities. 
(5) Nutrition. 
(6) Sexual violence prevention. 
(7) Strength and conditioning. 
(8) The process for transferring to another in-
stitution. 
(c) MEDICAL CARE.—For the 4-year period begin-
ning on the date on which an individual graduates or oth-
erwise separates from an institution in which such indi-
vidual was enrolled, such institution shall pay all the med-
ical costs of such individual in relation to any injury of 
such individual that occurred— 
(1) while the individual was a student athlete at 
such institution; and 
(2) as a result of participation in a varsity 
sports team. 
(d) GRANTS-IN-AID.—An institution that provides a 
grant-in-aid to a student athlete in relation to participa-
tion in a varsity sports team— 
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(1) may not reduce the amount of or cancel 
such grant-in-aid for any reason relating to— 
(A) athletic ability or performance; 
(B) contribution to team success; 
(C) injury; 
(D) physical or mental illness; or 
(E) roster management decisions; and 
(2) during the 10-year period beginning on the 
date on which such grant-in-aid is initially agreed to 
by such institution, shall make such grant-in-aid 
available to such student athlete for purposes of de-
gree completion without regard to whether such stu-
dent athlete continues to participate in a varsity 
sports team. 
(e) REGULATIONS.—The Secretary of Education may 
promulgate, in accordance with section 553 of title 5, 
United States Code, such regulations as may be necessary 
to carry out this section. 
(f) APPLICABILITY.—This section shall apply with re-
spect to Federal funding made available on or after the 
date that is 1 year after the date of the enactment of this 
Act. 
SEC. 8. LIMITATION ON LIABILITY. 
An institution, conference, or interstate intercolle-
giate athletic association that complies with this Act, in-
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cluding the amendments made by this Act, may not be 
treated as violating any law or regulation, and may not 
be subject to liability under any law or regulation, on the 
basis of— 
(1) the adoption of, agreement to, enforcement 
of, or compliance with any rule or bylaw of an insti-
tution, conference, or interstate intercollegiate ath-
letic association that limits or prohibits a student 
athlete from receiving compensation from an institu-
tion, conference, or interstate intercollegiate athletic 
association; 
(2) a restriction on the eligibility, with respect 
to intercollegiate athletic competitions, of a student 
athlete who violates a rule of an institution, con-
ference, or interstate intercollegiate athletic associa-
tion that is reasonably contemplated under this Act; 
or 
(3) compliance with any agreement, under-
standing, rule, or bylaw adopted by an institution, 
conference, or interstate intercollegiate athletic asso-
ciation that is reasonably contemplated under this 
Act. 
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SEC. 9. PREEMPTION. 
(a) IN GENERAL.—No State or political subdivision 
of a State may enforce any law, regulation, rule, require-
ment, or standard that— 
(1) conflicts with this Act, including any 
amendments made by this Act; or 
(2) governs or regulates, with respect to inter-
collegiate athletic competitions or varsity sports 
teams, the compensation, employment status, or eli-
gibility of a student athlete, including any law, regu-
lation, rule, requirement, or standard that governs 
or regulates the commercial use of the name, image, 
or likeness of a student athlete. 
(b) STUDENT ATHLETES NOT EMPLOYEES.—Not-
withstanding any other provision of law, a student athlete 
may not be considered an employee of an institution, con-
ference, or interstate intercollegiate athletic association, 
on the basis of the participation of such student athlete 
in a varsity sports team. 
Æ 
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