Modernizing the Collegiate Student Athlete Experience Act
Bill: H.R.3379 | Sponsor: Rep. Chabot, Steve (R-OH)
Policy area: Sports and Recreation

Summary:
Modernizing the Collegiate Student Athlete Experience Act
This bill establishes the National Intercollegiate Compensation Corporation, a government corporation that operates under the Federal Trade Commission to set rules and guidelines for how student athletes can be paid for their name, image, and likeness.
The corporation shall be funded by fees collected from registered athlete agents and third-party licensees, or from athlete agents and third-party licensees in connection with an application for registration with the corporation.
The corporation must maintain and make publicly available on its website a searchable and updated database of registered athlete agents and registered third-party licensees.
The bill restricts compensation provided by third parties and preempts state laws governing the commercial use of the name, image, or likeness of a student athlete.

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 Representatives 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.
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 government corporation, 
to be known as the ``National Intercollegiate 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 Corporation shall be 
        institutions of higher education.
            (2) Eligibility.--The criteria for an institution of higher 
        education to be eligible to be a member of the Corporation 
        shall be provided in the constitution and bylaws of the 
        Corporation.
    (c) Board of Directors.--
            (1) In general.--The Corporation shall be governed by a 
        Board of Directors.
            (2) Membership.--
                    (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 higher education of the 
                        region and shall serve a term of 3 years.
                            (iii) Two former corporate executives, who 
                        shall be selected as provided in subparagraph 
                        (D) and shall serve a term of 2 years.
                            (iv) Three representatives of an 
                        intercollegiate athletics association, who 
                        shall be selected by the association and shall 
                        serve a term to be determined by the 
                        association.
                            (v) One former student athlete from each of 
                        the 5 geographic regions, who shall be chosen 
                        by vote of the current student athletes in the 
                        region and shall serve a term of 3 years.
                    (B) Determination of annual revenue.--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 intercollegiate 
                        athletics association financial data for the 3 
                        most recent years for which published 
                        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 5 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 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 
                        subsequently 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, investigations, 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 reimbursement 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 athlete agents and registered 
        third-party licensees, or from athlete agents and third-party 
        licensees in connection with application for registration with 
        the Corporation.
            (2) No funding from institutions of higher education or 
        federal government.--The Corporation may not receive any funds 
        from an institution of higher education or the Federal 
        Government.
            (3) Use of funds.--The Corporation may only use funds 
        received by the Corporation to--
                    (A) carry out the functions of the Corporation 
                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 Corporation.
            (2) General corporate powers.--The Corporation may--
                    (A) establish and maintain offices to conduct the 
                affairs of the Corporation;
                    (B) enter into contracts, and accept gifts, 
                legacies, and devises, in furtherance of the duties 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 
                indebtedness, and secure its obligations by granting 
                security interests in its property as necessary to 
                carry out the duties of the Corporation 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 Corporation under this 
                Act.
    (f) Restrictions.--
            (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 
Corporation 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 recruit or solicit a student 
        athlete to enter into an agency contract, unless such athlete 
        agent is a registered athlete agent.
            (2) Third-party licensees.--It shall be unlawful 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 registered third-party licensee.
    (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 Corporation; and
                    (B) govern the conduct of registered athlete agents 
                and registered third-party licensees.
            (2) Biannual disclosures.--The rules adopted under 
        paragraph (1) shall require each registered athlete agent and 
        each registered third-party licensee to file with the 
        Corporation a biannual disclosure that lists each agency 
        contract or name, image, and likeness agreement entered into by 
        such athlete agent or third-party licensee during the period 
        covered 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 licensee to take and pass, at least 
        every 2 years, a compliance test developed by the Corporation 
        that evaluates--
                    (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 paragraph (1) shall prohibit a 
        registered athlete agent or registered third-party licensee 
        from entering into an agency contract or name, image, and 
        likeness agreement 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 name, image, and likeness agreement to 
        arbitration by a neutral party.
            (6) Rules subject to commission approval.--
                    (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 accordance with such rules as 
                the Commission may prescribe, copies of any proposed 
                rule.
                    (C) Publication.--The Commission shall publish a 
                proposed rule filed under subparagraph (B) and provide 
                interested persons an opportunity to comment.
                    (D) Timeline.--Not later than 45 days after a 
                proposed rule is published under subparagraph (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 consistent with the requirements 
                and purposes of this Act.
    (c) Database of Registered Athlete Agents and Registered Third-
Party Licensees.--The Corporation 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 investigate violations 
        of subsection (a) and the rules approved under subsection 
        (b)(6).
            (2) Subpoena power.--
                    (A) In general.--The Board may issue subpoenas 
                requiring the attendance and testimony of witnesses and 
                the production of any evidence relating to any matter 
                that the Corporation is empowered to investigate by 
                paragraph (1). The attendance of witnesses and the 
                production of evidence may be required from any place 
                within the United States at any designated place of 
                hearing within the United States.
                    (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 requiring such person to appear 
                before the Board to give testimony, produce evidence, 
                or both, relating to the matter under investigation. 
                The application may be made within the judicial 
                district where the hearing is conducted or where such 
                person is found, resides, or transacts business. Any 
                failure to obey the order of the court may be punished 
                by the court as civil contempt.
                    (C) Service of subpoenas.--The subpoenas of the 
                Board shall be served in the manner 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.--
            (1) In general.--If, after notice to a registered athlete 
        agent or a registered third-party licensee and an opportunity 
        for such agent or licensee to respond, the Board finds that 
        such agent or licensee 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 
                Commission may uphold or reverse such decision in whole 
                or in part, including by reducing the period of any 
                suspension of the registration of the athlete agent or 
                third-party licensee.
                    (B) Standard of review.--In any review of a 
                decision of the Board under subparagraph (A), except 
                when the Commission considers it necessary for the 
                Commission to review the decision 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.
    (f) Referral of Violations of Law to Appropriate 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, 
conference, or student athlete, the Board shall refer the matter to the 
appropriate Federal agency.
    (g) Best Practices and Templates for Contracts 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 developed under 
        paragraph (1), including any updates to such best practices and 
        templates, publicly available on the website of the 
        Corporation.

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 provided 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 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)).
    (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 as though all applicable terms and provisions of the Federal 
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 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 an agency 
contract with a registered athlete agent.
    (b) Name, Image, and Likeness Agreements.--
            (1) In general.--Except as provided in paragraph (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, 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 student 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 
        registered third-party licensee if--
                    (A) the agreement violates--
                            (i) the code of student conduct of such 
                        intercollegiate athletics association, 
                        conference, or institution of higher education; 
                        or
                            (ii) section 4, a rule prescribed under 
                        such section, or a rule approved under section 
                        3(b)(6); or
                    (B) the student athlete fails to provide a copy of 
                the agreement to an institution of higher education as 
                required by paragraph (4).
            (3) Limitation.--During and immediately before and after an 
        amateur intercollegiate athletic event or amateur 
        intercollegiate athletic competition, an institution of higher 
        education may prohibit a student athlete enrolled in such 
        institution from engaging in promotional or endorsement 
        activities in connection with a name, image, and likeness 
        agreement.
            (4) Disclosures.--
                    (A) Enrolled athletes.--With respect to a student 
                athlete enrolled in an institution of higher education 
                who enters into a name, image, and likeness agreement, 
                the student athlete shall, not later than 7 days after 
                entering into the agreement, provide to the institution 
                of higher education a copy of the agreement.
                    (B) Recruited athletes.--With respect to a student 
                athlete who is or may be recruited to attend, but is 
                not yet enrolled in, an institution of higher education 
                and who enters into a name, image, and likeness 
                agreement, the student athlete shall, before signing a 
                letter of intent or athletics aid agreement or paying 
                an admissions acceptance fee, provide to the 
                institution of higher education a copy of all current 
                and expired name, image, and likeness agreements 
                entered into by the student athlete.
    (c) Enforcement.--
            (1) Complaint by student athlete.--A student athlete may 
        file with the Board a complaint alleging that an 
        intercollegiate athletics association, a conference, or an 
        institution of higher education has punished or prohibited the 
        participation of the student athlete in an amateur 
        intercollegiate athletic event or amateur intercollegiate 
        athletic competition in violation of subsection (a) or (b).
            (2) Order by board.--After providing notice and an 
        opportunity to respond to an intercollegiate athletics 
        association, conference, or institution of higher education 
        against which a complaint of a student athlete is filed under 
        paragraph (1), the Board shall issue an order--
                    (A) stating the findings of the Board regarding 
                whether the association, conference, or institution has 
                punished or prohibited the participation of the student 
                athlete in violation of subsection (a) or (b); and
                    (B) if the Board finds that the association, 
                conference, or institution has punished or prohibited 
                the participation of the student athlete in violation 
                of subsection (a) or (b), directing the association, 
                conference, or institution--
                            (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 similar 
                        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 review of an order 
                of the Board under subparagraph (A), except when the 
                Commission considers 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.--Notwithstanding 
                sections 4 and 5(a)(2) of the Federal 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 association, conference, or institution of 
                higher education 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 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 complaint to 
        which the order relates may bring in an appropriate district 
        court of the United States a civil action to obtain an 
        injunction directing the association, 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 inserting ``Notice to Student Athlete: Within''.

SEC. 7. ROLE OF INTERCOLLEGIATE ATHLETICS ASSOCIATIONS 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 association or 
        conference under paragraph (1) by--
                    (A) declaring ineligible for competition a student 
                athlete who, directly or indirectly (including through 
                a family member of the student 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 distributions 
                from an institution of higher education 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 employee of an intercollegiate 
athletics association, a conference, or an institution of higher 
education based on the participation of such student athlete in amateur 
intercollegiate 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 athletics association, conference, or 
institution of higher education before the date of the enactment of 
this Act, under--
            (1) any Federal or State statute relating to trade or 
        competition; or
            (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 establish or 
continue in effect any law, regulation, rule, requirement, or standard 
that governs or regulates the compensation, publicity rights, 
employment status, or eligibility 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 student 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 
        sponsored by institutions of higher education.
            (3) Amateur intercollegiate athletic event.--
                    (A) In general.--The term ``amateur intercollegiate 
                athletic event'' means a game, meet, competition, 
                banquet, practice, conditioning 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 athletics 
                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 directly 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, sibling, grandparent, or 
                guardian of such student athlete, any legal counsel for 
                purposes other than that of representative agency, or 
                an individual 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, directly or indirectly, 
        through any other individual or entity or in any other manner--
                    (A) has provided 1 or more donations exceeding 
                $5,000, in the aggregate, to obtain season tickets for 
                any sport at an institution of higher education;
                    (B) has made 1 or more financial contributions 
                exceeding $5,000, in the aggregate, to the athletics 
                department or other athletics management 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 athlete.
            (6) Board.--The term ``Board'' means the Board of Directors 
        of the Corporation.
            (7) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (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 section 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 students, including 
                such amounts paid or provided by the institution for 
                undergraduate and graduate 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, gifts, in-kind contributions, 
                and any other form of payment or remuneration.
                    (B) Inclusions.--The term ``covered compensation'' 
                includes social media compensation and payments for 
                licensing or use of publicity rights or for other 
                intellectual or intangible 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 competition.
                            (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 
                        education.
                            (iv) Disability and loss of value insurance 
                        that is wholly or partly self-funded by an 
                        intercollegiate athletics association, a 
                        conference, or an institution of higher 
                        education.
                            (v) Career counseling or job placement 
                        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 athletics) at 
                        a rate commensurate with the prevailing rate in 
                        the locality of an institution 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 intercollegiate 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 section 101 of the Higher 
        Education Act of 1965 (20 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 collegiate athletics.
            (16) Intercollegiate athletics association.--The term 
        ``intercollegiate athletics association'' 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 respect to a 
        student athlete, means a physical or digital depiction or 
        representation of the student athlete.
            (18) Loss of value insurance.--The term ``loss of value 
        insurance'' means insurance that protects the future contract 
        value of a student athlete from decreasing below a 
        predetermined amount due to significant injury or illness 
        suffered by the student athlete during the designated coverage 
        period of the insurance policy.
            (19) Name.--The term ``name'', with respect to a student 
        athlete, means the first or last name of, the nickname of, or 
        any other personal identifier of or directly related to the 
        student athlete, when used in a context that reasonably 
        identifies the student athlete with particularity.
            (20) Name, image, and likeness agreement.--The term ``name, 
        image, and likeness agreement'' means a contract or similar 
        arrangement between a student athlete and a third-party 
        licensee regarding the commercial use of the name, image, or 
        likeness of the student athlete.
            (21) Publicity right.--The term ``publicity right''--
                    (A) means a right that is recognized under a 
                Federal or State law that permits an individual to 
                control and profit from the commercial use of the name, 
                image, or likeness of the individual; and
                    (B) includes any right that is licensed under a 
                name, image, and likeness agreement.
            (22) Registered athlete agent.--The term ``registered 
        athlete agent'' means an athlete agent that is registered with 
        the Corporation under section 3.
            (23) Registered third-party licensee.--The term 
        ``registered third-party licensee'' means a third-party 
        licensee that is registered with the Corporation under section 
        3.
            (24) Social media compensation.--The term ``social media 
        compensation'' includes all forms of payment for engagement on 
        social media received by a student athlete as a result of the 
        use of the name, image, or likeness of the student athlete.
            (25) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, each commonwealth, 
        territory, or possession of the United States, and each 
        federally recognized Indian Tribe.
            (26) Student athlete.--The term ``student athlete'' means 
        any individual enrolled in an institution of higher education 
        who participates, or any individual who may be recruited to 
        enroll in such an institution and participate, as a team member 
        or competitor in varsity intercollegiate sports competition 
        sponsored by the institution of higher education.
            (27) Third party.--The term ``third party'' means an 
        individual or entity that--
                    (A) is not an athletics department or an athletics 
                booster of an institution of higher education; and
                    (B) is unaffiliated with an athletics department or 
                an athletics booster of an institution of higher 
                education.
            (28) Third-party licensee.--
                    (A) In general.--The term ``third-party licensee'' 
                means any individual or entity that licenses publicity 
                rights from any student athlete or group of student 
                athletes.
                    (B) Exclusion.--The term ``third-party licensee'' 
                does not include any intercollegiate athletics 
                association, conference, or institution of higher 
                education.
            (29) Unaffiliated.--With respect to 2 or more individuals 
        or entities, the term ``unaffiliated'' means that the 
        individuals or entities do not share interrelated operations, 
        common management, centralized control of labor relations, or 
        common ownership or financial control.
            (30) Varsity intercollegiate sports competition.--The term 
        ``varsity intercollegiate sports competition'' means 
        competition between and among collegiate sports teams that 
        principally represent an institution of higher education at the 
        highest level of competition.
                                 <all>