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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Modernizing the Collegiate Student Athlete Experience 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. ESTABLISHMENT OF NATIONAL INTERCOLLEGIATE 
COMPENSATION CORPORATION. 
(a) ESTABLISHMENT.—There is established a govern-
ment corporation, to be known as the ‘‘National Intercolle-
giate Compensation Corporation’’, which shall not for any 
purpose be an agency or instrumentality of the United 
States Government and shall be subject to the provisions 
of this Act. 
(b) MEMBERSHIP IN CORPORATION.— 
(1) IN GENERAL.—The members of the Cor-
poration shall be institutions of higher education. 
(2) ELIGIBILITY.—The criteria for an institu-
tion of higher education to be eligible to be a mem-
ber of the Corporation shall be provided in the con-
stitution and bylaws of the Corporation. 
(c) BOARD OF DIRECTORS.— 
(1) IN
GENERAL.—The Corporation shall be 
governed by a Board of Directors. 
(2) MEMBERSHIP.— 
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(A) IN
GENERAL.—The Board shall be 
composed of the following: 
(i) One representative from each of 
the top 10 conferences in annual revenue 
(as determined under subparagraph (B)), 
who shall be chosen by the conference and 
shall serve a term of 3 years. 
(ii) One representative from each of 
the 5 geographic regions of institutions of 
higher education that are not members of 
a conference described in clause (i), who 
shall be chosen by the institutions of high-
er education of the region and shall serve 
a term of 3 years. 
(iii) Two former corporate executives, 
who shall be selected as provided in sub-
paragraph (D) and shall serve a term of 2 
years. 
(iv) Three representatives of an inter-
collegiate athletics association, who shall 
be selected by the association and shall 
serve a term to be determined by the asso-
ciation. 
(v) One former student athlete from 
each of the 5 geographic regions, who shall 
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be chosen by vote of the current student 
athletes in the region and shall serve a 
term of 3 years. 
(B) DETERMINATION
OF
ANNUAL
REV-
ENUE.—For purposes of subparagraph (A)(i), 
the annual revenue of a conference— 
(i) except as provided in clause (ii), 
shall be the average of the annual revenue 
of the conference published in intercolle-
giate athletics association financial data 
for the 3 most recent years for which pub-
lished intercollegiate athletics association 
financial data is available; and 
(ii) after the date that is 5 years after 
the date of the enactment of this Act, may 
be determined using the method described 
in clause (i) or by an alternative method 
established by the Board. 
(C) DETERMINATION
OF
GEOGRAPHIC 
REGIONS.—For purposes of subparagraph (A), 
the 5 geographic regions shall be determined by 
an intercollegiate athletics association. 
(D) SELECTION OF FORMER CORPORATE 
EXECUTIVE
MEMBERS.—The members of the 
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Board described in subparagraph (A)(iii) shall 
be selected— 
(i) in the case of the members initially 
serving under such subparagraph, by an 
intercollegiate athletics association; and 
(ii) in the case of any members subse-
quently serving under such subparagraph, 
by the Board in accordance with criteria 
for selection that the Board shall establish. 
(3) CHAIR.—The Chair of the Board shall be 
selected by the Board from among the members of 
the Board. 
(4) MEETINGS.—The Board shall hold at least 
2 in-person meetings each year. 
(5) MAJORITY
VOTE.—Any decision of the 
Board shall require an affirmative vote by a majority 
of the members of the Board present at the meeting. 
(6) SUBCOMMITTEES.—The Board may create 
subcommittees to oversee adjudications, investiga-
tions, and other matters before the Board. 
(7) 
DISCLOSURES
TO
COMMISSION.—Each 
member of the Board shall file an annual disclosure 
with the Commission to limit conflicts of interest. 
(8) COMPENSATION.—Members of the Board 
shall serve without pay but may receive reimburse-
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ment from the Corporation for travel, lodging, and 
meal expenses incurred as a result of official duties 
performed as members of the Board. 
(d) FUNDING.— 
(1) FEES; SELF-FUNDING.—The Corporation 
shall be funded by fees collected from registered ath-
lete agents and registered third-party licensees, or 
from athlete agents and third-party licensees in con-
nection with application for registration with the 
Corporation. 
(2) NO FUNDING FROM INSTITUTIONS OF HIGH-
ER
EDUCATION
OR
FEDERAL
GOVERNMENT.—The 
Corporation may not receive any funds from an in-
stitution of higher education or the Federal Govern-
ment. 
(3) USE
OF
FUNDS.—The Corporation may 
only use funds received by the Corporation to— 
(A) carry out the functions of the Corpora-
tion under this Act; or 
(B) promote intercollegiate athletics. 
(e) GOVERNANCE AND POWERS.— 
(1) CONSTITUTION AND BYLAWS.—The Board 
shall adopt a constitution and bylaws for the Cor-
poration. 
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(2) GENERAL CORPORATE POWERS.—The Cor-
poration may— 
(A) establish and maintain offices to con-
duct the affairs of the Corporation; 
(B) enter into contracts, and accept gifts, 
legacies, and devises, in furtherance of the du-
ties of the Corporation under this Act; 
(C) acquire, own, lease, encumber, and 
transfer property as necessary to carry out the 
duties of the Corporation under this Act; 
(D) borrow money, issue instruments of in-
debtedness, and secure its obligations by grant-
ing security interests in its property as nec-
essary to carry out the duties of the Corpora-
tion under this Act; 
(E) publish a magazine, newsletter, and 
other publications consistent with the duties of 
the Corporation under this Act; 
(F) approve and revoke membership in the 
Corporation; and 
(G) conduct any other activity necessary 
and proper to carry out the duties of the Cor-
poration under this Act. 
(f) RESTRICTIONS.— 
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(1) PROFIT AND STOCK.—The Corporation may 
not engage in business for profit or issue stock. 
(2) POLITICAL
ACTIVITIES.—The Corporation 
shall be nonpolitical and may not promote or oppose 
the candidacy of an individual seeking public office. 
(g) HEADQUARTERS, PRINCIPAL
OFFICE, 
AND 
MEETINGS.—The Corporation shall maintain its principal 
office and national headquarters in a location in the 
United States decided by the Corporation. The Corpora-
tion may hold its annual and special meetings in the places 
decided by the Corporation. 
SEC. 3. OVERSIGHT OF ATHLETE AGENTS AND THIRD- 
PARTY LICENSEES. 
(a) REGISTRATION REQUIRED.— 
(1) ATHLETE AGENTS.—It shall be unlawful for 
an athlete agent to enter into an agency contract 
with a student athlete, or to directly or indirectly re-
cruit or solicit a student athlete to enter into an 
agency contract, unless such athlete agent is a reg-
istered athlete agent. 
(2) THIRD-PARTY LICENSEES.—It shall be un-
lawful for a third-party licensee to license publicity 
rights from any student athlete or group of student 
athletes, unless such third-party licensee is a reg-
istered third-party licensee. 
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(b) RULES
FOR ATHLETE AGENTS
AND THIRD- 
PARTY LICENSEES.— 
(1) IN GENERAL.—The Board shall adopt rules 
that— 
(A) provide for how athlete agents and 
third-party licensees may register with the Cor-
poration; and 
(B) govern the conduct of registered ath-
lete agents and registered third-party licensees. 
(2) BIANNUAL DISCLOSURES.—The rules adopt-
ed under paragraph (1) shall require each registered 
athlete agent and each registered third-party li-
censee to file with the Corporation a biannual disclo-
sure that lists each agency contract or name, image, 
and likeness agreement entered into by such athlete 
agent or third-party licensee during the period cov-
ered by the disclosure and summarizes the material 
terms of such contract or agreement, including any 
terms relating to price or compensation. 
(3) COMPLIANCE
TESTS.—The rules adopted 
under paragraph (1) shall require each registered 
athlete agent and each registered third-party li-
censee to take and pass, at least every 2 years, a 
compliance test developed by the Corporation that 
evaluates— 
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(A) the ability of the athlete agent or 
third-party licensee to comply with the rules 
adopted under paragraph (1) and approved 
under paragraph (6); and 
(B) the compliance of the athlete agent or 
third-party licensee with such rules during the 
preceding 2-year period. 
(4) LIMITATION ON DURATION OF CONTRACTS 
AND AGREEMENTS.—The rules adopted under para-
graph (1) shall prohibit a registered athlete agent or 
registered third-party licensee from entering into an 
agency contract or name, image, and likeness agree-
ment with a student athlete unless such contract or 
agreement— 
(A) has a term of not more than 5 years; 
and 
(B) permits either party to terminate such 
contract or agreement without penalty at any 
time before the end of the term of such contract 
or agreement. 
(5) ARBITRATION.—The rules adopted under 
paragraph (1) may require a registered athlete agent 
or registered third-party licensee to submit a dispute 
with a student athlete under an agency contract or 
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name, image, and likeness agreement to arbitration 
by a neutral party. 
(6) RULES
SUBJECT
TO
COMMISSION
AP-
PROVAL.— 
(A) IN GENERAL.—A rule adopted under 
paragraph (1) or any amendment to or repeal 
of such a rule (in this paragraph referred to as 
a ‘‘proposed rule’’) may not take effect unless 
such proposed rule has been approved by the 
Commission. 
(B) 
FILING
WITH
COMMISSION.—The 
Board shall file with the Commission, in accord-
ance with such rules as the Commission may 
prescribe, copies of any proposed rule. 
(C) PUBLICATION.—The Commission shall 
publish a proposed rule filed under subpara-
graph (B) and provide interested persons an op-
portunity to comment. 
(D) TIMELINE.—Not later than 45 days 
after a proposed rule is published under sub-
paragraph (C), the Commission shall approve or 
disapprove the proposed rule. 
(E) 
STANDARD
FOR
APPROVAL.—The 
Commission shall approve a proposed rule if the 
Commission finds that the proposed rule is con-
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sistent with the requirements and purposes of 
this Act. 
(c) DATABASE OF REGISTERED ATHLETE AGENTS 
AND REGISTERED THIRD-PARTY LICENSEES.—The Cor-
poration shall maintain, and make publicly available on 
the website of the Corporation, a searchable and updated 
database of registered athlete agents and registered third- 
party licensees, including the biannual disclosures filed by 
each such agent or licensee under subsection (b)(2). 
(d) INVESTIGATIONS.— 
(1) IN GENERAL.—The Corporation may inves-
tigate violations of subsection (a) and the rules ap-
proved under subsection (b)(6). 
(2) SUBPOENA POWER.— 
(A) IN GENERAL.—The Board may issue 
subpoenas requiring the attendance and testi-
mony of witnesses and the production of any 
evidence relating to any matter that the Cor-
poration is empowered to investigate by para-
graph (1). The attendance of witnesses and the 
production of evidence may be required from 
any place within the United States at any des-
ignated place of hearing within the United 
States. 
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(B) FAILURE TO OBEY A SUBPOENA.—If a 
person refuses to obey a subpoena issued under 
subparagraph (A), the Board may apply to a 
United States district court for an order requir-
ing such person to appear before the Board to 
give testimony, produce evidence, or both, relat-
ing to the matter under investigation. The ap-
plication may be made within the judicial dis-
trict where the hearing is conducted or where 
such person is found, resides, or transacts busi-
ness. Any failure to obey the order of the court 
may be punished by the court as civil contempt. 
(C) SERVICE
OF
SUBPOENAS.—The sub-
poenas of the Board shall be served in the man-
ner provided for subpoenas issued by a United 
States district court under the Federal Rules of 
Civil Procedure for the United States district 
courts. 
(D) SERVICE OF PROCESS.—All process of 
any court to which application is made under 
subparagraph (B) may be served in the judicial 
district in which the person required to be 
served resides or may be found. 
(e) ENFORCEMENT OF RULES BY BOARD.— 
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(1) IN
GENERAL.—If, after notice to a reg-
istered athlete agent or a registered third-party li-
censee and an opportunity for such agent or licensee 
to respond, the Board finds that such agent or li-
censee has violated a rule approved under subsection 
(b)(6), the Board may suspend the registration of 
such agent or licensee for not more than 3 years. 
(2) APPEAL TO COMMISSION.— 
(A) IN
GENERAL.—In accordance with 
such rules as the Commission may prescribe, 
any registered athlete agent or registered third- 
party licensee subject to a final decision by the 
Board under paragraph (1) may obtain review 
by the Commission of such decision. The Com-
mission may uphold or reverse such decision in 
whole or in part, including by reducing the pe-
riod of any suspension of the registration of the 
athlete agent or third-party licensee. 
(B) STANDARD OF REVIEW.—In any re-
view of a decision of the Board under subpara-
graph (A), except when the Commission con-
siders it necessary for the Commission to review 
the decision de novo— 
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(i) the findings of the Board as to the 
facts, if supported by evidence, shall be 
conclusive; and 
(ii) the Commission shall apply the 
same standard of review as a reviewing 
court under section 706 of title 5, United 
States Code. 
(f) REFERRAL OF VIOLATIONS OF LAW TO APPRO-
PRIATE FEDERAL AGENCIES.—If the Board becomes 
aware of a violation or potential violation of Federal law 
by an athlete agent, third-party licensee, institution of 
higher education, intercollegiate athletics association, con-
ference, or student athlete, the Board shall refer the mat-
ter to the appropriate Federal agency. 
(g) BEST PRACTICES AND TEMPLATES FOR CON-
TRACTS AND AGREEMENTS.—The Corporation shall— 
(1) conduct studies to develop best practices 
and templates for agency contracts and name, 
image, and likeness agreements; and 
(2) make the best practices and templates de-
veloped under paragraph (1), including any updates 
to such best practices and templates, publicly avail-
able on the website of the Corporation. 
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SEC. 4. COVERED COMPENSATION PROVIDED BY THIRD 
PARTIES. 
The provision of covered compensation to a student 
athlete who is enrolled, or may in the future enroll, in an 
institution of higher education— 
(1) may only be promised, paid, or permitted if 
the covered compensation is sourced from, and pro-
vided at the discretion of, a third party; and 
(2) may not be promised, paid, or permitted to 
induce— 
(A) the recruitment of a student athlete to 
any institution of higher education or group of 
institutions of higher education; or 
(B) a student athlete to continue attending 
a particular institution of higher education. 
SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of section 3(a) or 4, or a rule prescribed under 
such section, shall be treated as a violation of a rule defin-
ing 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)). 
(b) ACTIONS
BY COMMISSION.—The Commission 
shall enforce sections 3(a) and 4, and the rules prescribed 
under such sections, in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties 
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as though all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et seq.) were 
incorporated into and made a part of this Act. 
(c) RULEMAKING
AUTHORITY.—The Commission 
may prescribe rules in accordance with section 553 of title 
5, United States Code, to implement this Act. 
SEC. 6. ABILITY OF STUDENT ATHLETES TO ENTER INTO 
AGENCY CONTRACTS AND NAME, IMAGE, AND 
LIKENESS AGREEMENTS. 
(a) AGENCY CONTRACTS.—An intercollegiate ath-
letics association, a conference, or an institution of higher 
education may not punish or prohibit the participation of 
a student athlete in an amateur intercollegiate athletic 
event or amateur intercollegiate athletic competition based 
on the student athlete having entered into an agency con-
tract with a registered athlete agent. 
(b) NAME, IMAGE, AND LIKENESS AGREEMENTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an intercollegiate athletics association, a 
conference, or an institution of higher education may 
not punish or prohibit the participation of a student 
athlete in an amateur intercollegiate athletic event 
or amateur intercollegiate athletic competition based 
on the student athlete having entered into a name, 
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image, and likeness agreement with a registered 
third-party licensee. 
(2) EXCEPTIONS.—An intercollegiate athletics 
association, a conference, or an institution of higher 
education may prohibit the participation of a stu-
dent athlete in an amateur intercollegiate athletic 
event or amateur intercollegiate athletic competition 
based on the student athlete having entered into a 
name, image, and likeness agreement with a reg-
istered third-party licensee if— 
(A) the agreement violates— 
(i) the code of student conduct of 
such intercollegiate athletics association, 
conference, or institution of higher edu-
cation; or 
(ii) section 4, a rule prescribed under 
such section, or a rule approved under sec-
tion 3(b)(6); or 
(B) the student athlete fails to provide a 
copy of the agreement to an institution of high-
er education as required by paragraph (4). 
(3) LIMITATION.—During and immediately be-
fore and after an amateur intercollegiate athletic 
event or amateur intercollegiate athletic competition, 
an institution of higher education may prohibit a 
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(i) if such event or competition has 
not concluded when the order of the Board 
is issued, to remove the punishment or 
prohibition in such event or competition; 
and 
(ii) to remove or not impose any simi-
lar punishment or prohibition with respect 
to the agency contract or name, image, 
and likeness agreement in question in any 
such events or competitions in the future. 
(3) APPEAL TO COMMISSION.— 
(A) IN
GENERAL.—In accordance with 
such rules as the Commission may prescribe, 
any student athlete or intercollegiate athletics 
association, conference, or institution of higher 
education subject to a final order of the Board 
under paragraph (2) may obtain review of the 
order by the Commission. The Commission may 
uphold or reverse the order in whole or in part, 
including by modifying or adding a direction to 
the association, conference, or institution under 
subparagraph (B) of such paragraph. 
(B) STANDARD OF REVIEW.—In any re-
view of an order of the Board under subpara-
graph (A), except when the Commission con-
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siders it necessary for the Commission to review 
the order de novo— 
(i) the findings of the Board as to the 
facts, if supported by evidence, shall be 
conclusive; and 
(ii) the Commission shall apply the 
same standard of review as a reviewing 
court under section 706 of title 5, United 
States Code. 
(C) JURISDICTION OF COMMISSION.—Not-
withstanding sections 4 and 5(a)(2) of the Fed-
eral Trade Commission Act (15 U.S.C. 44; 
45(a)(2)) and any other jurisdictional limitation 
of the Commission, the Commission may review 
under subparagraph (A) an order of the Board 
that applies to an intercollegiate athletics asso-
ciation, conference, or institution of higher edu-
cation that is— 
(i) not organized to carry on business 
for its own profit or that of its members; 
or 
(ii) a public institution. 
(4) INJUNCTIVE RELIEF.—If, after the time for 
appeal to the Commission of an order of the Board 
under paragraph (2) has expired or the Commission 
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has issued a final decision in any such appeal, an 
intercollegiate athletics association, conference, or 
institution of higher education fails to comply with 
the order, the student athlete who filed the com-
plaint to which the order relates may bring in an ap-
propriate district court of the United States a civil 
action to obtain an injunction directing the associa-
tion, conference, or institution to comply with the 
order. 
(d) CONFORMING AMENDMENT.—Section 3(b)(3) of 
the Sports Agent Responsibility and Trust Act (15 U.S.C. 
7802(b)(3)) is amended by striking ‘‘Warning to Student 
Athlete’’ and all that follows through ‘‘Within’’ and insert-
ing ‘‘Notice to Student Athlete: Within’’. 
SEC. 7. ROLE OF INTERCOLLEGIATE ATHLETICS ASSOCIA-
TIONS AND CONFERENCES. 
Nothing in this Act may be construed to prohibit an 
intercollegiate athletics association or conference from— 
(1) adopting rules, consistent with this Act and 
the rules approved under section 3(b)(6); and 
(2) enforcing the rules adopted by the associa-
tion or conference under paragraph (1) by— 
(A) declaring ineligible for competition a 
student athlete who, directly or indirectly (in-
cluding through a family member of the student 
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athlete acting on behalf of the student athlete), 
receives payments in violation of this Act or any 
such rule; and 
(B) withholding 1 or more revenue dis-
tributions from an institution of higher edu-
cation that makes payments in violation of this 
Act or any such rule. 
SEC. 8. EMPLOYMENT MATTERS. 
Notwithstanding any other provision of Federal or 
State law, a student athlete may not be considered an em-
ployee of an intercollegiate athletics association, a con-
ference, or an institution of higher education based on the 
participation of such student athlete in amateur intercolle-
giate athletic events or amateur intercollegiate athletic 
competitions. 
SEC. 9. LIMITATION OF LIABILITY. 
An intercollegiate athletics association, a conference, 
or an institution of higher education that complies with 
the requirements under this Act shall not be subject to 
liability, based on action taken by the intercollegiate ath-
letics association, conference, or institution of higher edu-
cation before the date of the enactment of this Act, 
under— 
(1) any Federal or State statute relating to 
trade or competition; or 
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(2) any Federal or State statute relating to 
tortious interference based on concepts of unfair 
competition. 
SEC. 10. PREEMPTION. 
No State or political subdivision of a State may es-
tablish or continue in effect any law, regulation, rule, re-
quirement, or standard that governs or regulates the com-
pensation, publicity rights, employment status, or eligi-
bility for competition of a student athlete, including any 
provision that governs or regulates the commercial use of 
the name, image, or likeness of a student athlete. 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) AGENCY
CONTRACT.—The term ‘‘agency 
contract’’ means a written agreement in which a stu-
dent athlete authorizes an individual to negotiate or 
solicit on behalf of the student athlete a name, 
image, and likeness agreement. 
(2) AMATEUR
INTERCOLLEGIATE
ATHLETIC 
COMPETITION.—The term ‘‘amateur intercollegiate 
athletic competition’’ means any varsity game, meet, 
or other competition between or among teams spon-
sored by institutions of higher education. 
(3) AMATEUR
INTERCOLLEGIATE
ATHLETIC 
EVENT.— 
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(A) IN
GENERAL.—The term ‘‘amateur 
intercollegiate athletic event’’ means a game, 
meet, competition, banquet, practice, condi-
tioning session, media session, or any other 
event relating to varsity intercollegiate athletics 
that has been organized or authorized by an 
athletics representative of an institution of 
higher education or by an intercollegiate ath-
letics association or conference, regardless of 
whether such event occurs on or off the campus 
of an institution of higher education or during 
or outside the season for competition. 
(B) 
INCLUSION.—The 
term 
‘‘amateur 
intercollegiate athletic event’’ includes travel to 
and from any event described in subparagraph 
(A). 
(4) ATHLETE AGENT.— 
(A) IN
GENERAL.—The term ‘‘athlete 
agent’’ means an individual who enters into an 
agency contract with a student athlete, or di-
rectly or indirectly recruits or solicits a student 
athlete to enter into an agency contract. 
(B) 
EXCLUSION.—The 
term 
‘‘athlete 
agent’’ does not include a spouse, parent, sib-
ling, grandparent, or guardian of such student 
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athlete, any legal counsel for purposes other 
than that of representative agency, or an indi-
vidual acting solely on behalf of a professional 
sports team or professional sports organization. 
(5) ATHLETICS BOOSTER.—The term ‘‘athletics 
booster’’ means any individual or entity that, di-
rectly or indirectly, through any other individual or 
entity or in any other manner— 
(A) has provided 1 or more donations ex-
ceeding $5,000, in the aggregate, to obtain sea-
son tickets for any sport at an institution of 
higher education; 
(B) has made 1 or more financial contribu-
tions exceeding $5,000, in the aggregate, to the 
athletics department or other athletics manage-
ment organization of an institution of higher 
education; or 
(C) has assisted, or been requested by an 
employee of an institution of higher education 
to assist, in the recruitment of a student ath-
lete. 
(6) BOARD.—The term ‘‘Board’’ means the 
Board of Directors of the Corporation. 
(7) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
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(8) CONFERENCE.—The term ‘‘conference’’ 
means any organization or association that— 
(A) has as members 2 or more institutions 
of higher education; and 
(B) arranges championships and sets rules 
for varsity intercollegiate sports competition. 
(9) CORPORATION.—The term ‘‘Corporation’’ 
means the National Intercollegiate Compensation 
Corporation established by section 2(a). 
(10) COST OF ATTENDANCE.—The term ‘‘cost 
of attendance’’— 
(A) has the meaning given the term in sec-
tion 472 of the Higher Education Act of 1965 
(20 U.S.C. 1087ll); and 
(B) shall be calculated by the financial aid 
office of each institution applying the same 
standards, policies, and procedures for all stu-
dents, including such amounts paid or provided 
by the institution for undergraduate and grad-
uate studies at the institution. 
(11) COVERED COMPENSATION.— 
(A) IN
GENERAL.—The term ‘‘covered 
compensation’’ means any form of payment or 
remuneration, including cash, benefits, awards, 
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gifts, in-kind contributions, and any other form 
of payment or remuneration. 
(B) 
INCLUSIONS.—The 
term 
‘‘covered 
compensation’’ includes social media compensa-
tion and payments for licensing or use of pub-
licity rights or for other intellectual or intan-
gible property rights under Federal or State 
law. 
(C) EXCLUSIONS.—The term ‘‘covered 
compensation’’ does not include the payment or 
provision of the following: 
(i) Tuition, room, board, books, fees, 
and personal expenses paid or provided by 
an institution of higher education up to the 
full cost of attendance. 
(ii) Federal Pell Grants and other 
State and Federal grants unrelated to, and 
not awarded with respect to, participation 
in varsity intercollegiate sports competi-
tion. 
(iii) Health insurance and the costs of 
health care wholly or partly self-funded by 
an intercollegiate athletics association, a 
conference, or an institution of higher edu-
cation. 
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(iv) Disability and loss of value insur-
ance that is wholly or partly self-funded by 
an intercollegiate athletics association, a 
conference, or an institution of higher edu-
cation. 
(v) Career counseling or job place-
ment services available to all students at 
an institution of higher education. 
(vi) Payment of hourly wages and 
benefits for work actually performed (and 
not for participation in intercollegiate ath-
letics) at a rate commensurate with the 
prevailing rate in the locality of an institu-
tion of higher education for similar work. 
(12) FORMER STUDENT ATHLETE.—The term 
‘‘former student athlete’’ means a student athlete 
who is no longer eligible to participate in intercolle-
giate athletics. 
(13) IMAGE.—The term ‘‘image’’, with respect 
to a student athlete, means a picture or video of the 
student athlete. 
(14) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ means 
an institution of higher education (as defined in sec-
tion 101 of the Higher Education Act of 1965 (20 
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U.S.C. 1001)) that sponsors varsity intercollegiate 
sports competition in the United States. 
(15) INTERCOLLEGIATE ATHLETICS.—The term 
‘‘intercollegiate athletics’’ means sports played at the 
collegiate level for which eligibility requirements for 
participation by student athletes are established by 
an association for the promotion or regulation of col-
legiate athletics. 
(16) INTERCOLLEGIATE
ATHLETICS
ASSOCIA-
TION.—The term ‘‘intercollegiate athletics associa-
tion’’ means any organization or association that— 
(A) has as members 2 or more conferences; 
and 
(B) arranges championships and sets rules 
for varsity intercollegiate sports competition. 
(17) LIKENESS.—The term ‘‘likeness’’, with re-
spect to a student athlete, means a physical or dig-
ital depiction or representation of the student ath-
lete. 
(18) LOSS OF VALUE INSURANCE.—The term 
‘‘loss of value insurance’’ means insurance that pro-
tects the future contract value of a student athlete 
from decreasing below a predetermined amount due 
to significant injury or illness suffered by the stu-
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