Student Athlete Fairness and Enforcement Act
A BILL
To protect the name, image, and likeness rights of, and provide protections for, student athletes, and for other purposes.
Sec. 2 Definitions
In this Act:
Athlete agent— The term athlete agent has the meaning given that term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801).
Athletic association—
In general— The term athletic association means any organization or other group organized in the United States that—
has multiple conferences and institutions as members;
sponsors or arranges college athletic competitions between institutions;
sets common rules, standards, procedures, or guidelines for the administration of college athletic competition; and
is not a conference.
Inclusions— The term athletic association includes—
the National Collegiate Athletic Association; and
any other national intercollegiate athletic association.
Athletic department— The term athletic department means a department at, or a component of, an institution responsible for managing one or more varsity intercollegiate sports programs.
College athletic competition— The term college athletic competition means any varsity game, meet, or other competition between or among athletic teams sponsored by institutions.
College athletic event— The term college athletic event—
means a game, meet, competition, banquet, practice, conditioning session, media session, or any other event that has been organized or authorized by an athletic department, conference, or athletic association, regardless of whether such event occurs on or off the campus of an institution or during or outside the season for competition; and
includes team travel to and from any such event.
Commensurate with other compensation— The term commensurate with other compensation means compensation at rates and terms commensurate with compensation paid to individuals with name, image, and likeness rights of comparable value who are not student athletes or prospective student athletes with respect to such institution.
Commission— The term Commission means the Federal Trade Commission.
Compensation—
In general— The term compensation means any payment, remuneration, or benefit provided by an institution, third party, or NIL collective to a student athlete.
Exclusions— The term compensation does not include payment or provision of the following:
Grant-in-aid.
Awards for education-related expenses.
Amounts (including reimbursements) for expenses related to meals, lodging, childcare, emergency family expenses, transportation, and other expenses incidental to participation in a varsity intercollegiate sports program that are available based on uniform standards applicable to all student athletes.
Hourly wages and benefits for work performed outside of participation in a varsity intercollegiate sports program at a rate commensurate with the prevailing rate in the relevant State or locality for similar work.
Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) and other Federal and State grants unrelated to, and not awarded with respect to, participation in college athletic competitions.
Health insurance and the costs of health care funded by an athletic association, conference, or institution.
Disability and loss of value insurance funded by an athletic association, conference, or institution.
Career counseling, job placement services, or other guidance available to all students at an institution.
Conference— The term conference means any organization that is not an athletic association and that—
has 2 or more institutions as members; and
arranges championships for college athletic competition or sets rules for college athletic competition.
Cost of attendance— The term cost of attendance—
has the meaning given the term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and
shall be calculated by the financial aid office of each institution by applying the same standards, policies, and procedures for all students at that institution.
Covered compensation— The term covered compensation means compensation provided by an institution, third party, or NIL collective to a student athlete that exceeds $600, including multiple payments, remunerations, or benefits with the same institution, third party, or NIL collective that exceeds a total of $600 over a 12-month period.
Endorsement contract— The term endorsement contract has the meaning given that term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801).
Grant-in-aid— The term grant-in-aid means—
a scholarship, grant, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses that—
is paid or provided by an institution to a student for their undergraduate or graduate education; and
is in an amount that does not exceed the cost of attendance and any education-related benefits for such student at the institution; and
does not include covered compensation.
Image— The term image, with respect to a student athlete, means a photograph, video, computer-generated representation, or other depiction that identifies, is linked to, or is reasonably linkable to the student athlete.
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).
Likeness— The term likeness, with respect to a student athlete, means—
the uniquely identifiable body, physical characteristics, or voice of the student athlete;
any other mark that identifies or distinguishes the student athlete; or
the jersey number associated with the student athlete during the period of athletic participation by the student athlete at an institution if the jersey number is accompanied by—
a logo or color scheme that is clearly associated with the institution; or
some other means by which the jersey number is associated with the student athlete.
Name— The term name, with respect to a student athlete, means—
the first, last, or family name that identifies the student athlete;
a nickname or assumed name of the student athlete; or
a username associated with the student athlete on any public facing internet platform.
NIL collective— The term NIL collective—
means an entity affiliated with an institution that—
represents, manages, or facilitates endorsement contracts for student athletes in connection with participation by the student athlete on a varsity intercollegiate sports team of the institution; and
in the most recent 1-year period, entered into 1 or more endorsement contracts with 1 or more student athletes exceeding $600; and
includes—
an individual who is or has been a member, employee, director, owner, officer or other representative of an entity described in subparagraph (A);
an individual or entity that has directly or indirectly contributed more than $50,000 over the lifetime of the individual or entity to the athletic program of the institution or to an entity described in subparagraph (A);
an individual or entity that is not an employee of or associated with the institution and who is directed or requested by the institution or employees of the institution to assist in the recruitment or retention of student athletes or prospective student athletes; and
any entity (other than a publicly traded corporation) owned, controlled, operated by, or otherwise affiliated with an entity or individual described in subparagraph (A) or this subparagraph.
Prospective student athlete— The term prospective student athlete means an individual who is recruited to attend an institution as a student athlete, but has not yet enrolled at an institution.
Student athlete— The term student athlete means a matriculated student at an institution who participates in a varsity intercollegiate sport managed by the institution.
Third party— The term third party means an individual or entity that is—
not an institution, athletic department, conference, or athletic association; and
unaffiliated with—
an athletic department of an institution;
a conference; or
an athletic association.
Valid business purpose— The term valid business purpose means a purpose related to the promotion of goods or services provided to the general public for profit.
Varsity intercollegiate sport— The term varsity intercollegiate sport means a sport played at the intercollegiate level, administered by an athletic department, for which eligibility requirements for participation by student athletes are established by an athletic association.