,i #aagth ,,congress #ast ,session ,h4 ,r4 #ccgi ,,in ,,the ,,house ,,of ,,representatives ,may #bj1 #bjba ,mr4 ,chabot introduced the following bill2 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 rights1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,modernizing the ,collegiate ,student ,athlete ,experience ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,establishment of ,national ,intercollegiate ,compensation ,corporation4 ,sec4 #c4 ,oversight of athlete agents and third-party licensees4 ,sec4 #d4 ,covered compensation provided by third parties4 ,sec4 #e4 ,enforcement by ,federal ,trade ,commission4 ,sec4 #f4 ,ability of student athletes to enter into agency contracts and name1 image1 and likeness agreements4 ,sec4 #g4 ,role of intercollegiate athletics associations and conferences4 ,sec4 #h4 ,employment matters4 ,sec4 #i4 ,limitation of liability4 ,sec4 #aj4 ,preemption4 ,sec4 #aa4 ,definitions4 #b4 ,establishment of ,national ,intercollegiate ,compensation ,corporation 7a7 ,establishment ,there is established a government corporation1 to be known as the ,national ,intercollegiate ,compensation ,corporation1 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 ,act4 7b7 ,membership in ,corporation 7#a7 ,in general ,the members of the ,corporation shall be institutions of higher education4 7#b7 ,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 ,corporation4 7c7 ,board of ,directors 7#a7 ,in general ,the ,corporation shall be governed by a ,board of ,directors4 7#b7 ,membership 7,a7 ,in general ,the ,board shall be composed of the following3 7i7 ,one representative from each of the top #aj conferences in annual revenue 7as determined under subparagraph 7,b771 who shall be chosen by the conference and shall serve a term of #c years4 7ii7 ,one representative from each of the #e geographic regions of institutions of higher education that are not members of a conference described in clause 7i71 who shall be chosen by the institutions of higher education of the region and shall serve a term of #c years4 7iii7 ,two former corporate executives1 who shall be selected as provided in subparagraph 7,d7 and shall serve a term of #b years4 7iv7 ,three representatives of an intercollegiate athletics association1 who shall be selected by the association and shall serve a term to be determined by the association4 7v7 ,one former student athlete from each of the #e geographic regions1 who shall be chosen by vote of the current student athletes in the region and shall serve a term of #c years4 7,b7 ,determination of annual revenue ,for purposes of subparagraph 7,a77i71 the annual revenue of a conference-- 7i7 except as provided in clause 7ii71 shall be the average of the annual revenue of the conference published in intercollegiate athletics association financial data for the #c most recent years for which published intercollegiate athletics association financial data is available2 and 7ii7 after the date that is #e years after the date of the enactment of this ,act1 may be determined using the method described in clause 7i7 or by an alternative method established by the ,board4 7,c7 ,determination of #e geographic regions ,for purposes of subparagraph 7,a71 the #e geographic regions shall be determined by an intercollegiate athletics association4 7,d7 ,selection of former corporate executive members ,the members of the ,board described in subparagraph 7,a77iii7 shall be selected-- 7i7 in the case of the members initially serving under such subparagraph1 by an intercollegiate athletics association2 and 7ii7 in the case of any members subsequently serving under such subparagraph1 by the ,board in accordance with criteria for selection that the ,board shall establish4 7#c7 ,chair ,the ,chair of the ,board shall be selected by the ,board from among the members of the ,board4 7#d7 ,meetings ,the ,board shall hold at least #b in-person meetings each year4 7#e7 ,majority vote ,any decision of the ,board shall require an affirmative vote by a majority of the members of the ,board present at the meeting4 7#f7 ,subcommittees ,the ,board may create subcommittees to oversee adjudications1 investigations1 and other matters before the ,board4 7#g7 ,disclosures to ,commission ,each member of the ,board shall file an annual disclosure with the ,commission to limit conflicts of interest4 7#h7 ,compensation ,members of the ,board shall serve without pay but may receive reimbursement from the ,corporation for travel1 lodging1 and meal expenses incurred as a result of official duties performed as members of the ,board4 7d7 ,funding 7#a7 ,fees2 self-funding ,the ,corporation shall be funded by fees collected from registered athlete agents and registered third-party licensees1 or from athlete agents and third-party licensees in connection with application for registration with the ,corporation4 7#b7 ,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 ,government4 7#c7 ,use of funds ,the ,corporation may only use funds received by the ,corporation to-- 7,a7 carry out the functions of the ,corporation under this ,act2 or 7,b7 promote intercollegiate athletics4 7e7 ,governance and powers 7#a7 ,constitution and bylaws ,the ,board shall adopt a constitution and bylaws for the ,corporation4 7#b7 ,general corporate powers ,the ,corporation may-- 7,a7 establish and maintain offices to conduct the affairs of the ,corporation2 7,b7 enter into contracts1 and accept gifts1 legacies1 and devises1 in furtherance of the duties of the ,corporation under this ,act2 7,c7 acquire1 own1 lease1 encumber1 and transfer property as necessary to carry out the duties of the ,corporation under this ,act2 7,d7 borrow money1 issue instruments of indebtedness1 and secure its obligations by granting security interests in its property as necessary to carry out the duties of the ,corporation under this ,act2 7,e7 publish a magazine1 newsletter1 and other publications consistent with the duties of the ,corporation under this ,act2 7,f7 approve and revoke membership in the ,corporation2 and 7,g7 conduct any other activity necessary and proper to carry out the duties of the ,corporation under this ,act4 7f7 ,restrictions 7#a7 ,profit and stock ,the ,corporation may not engage in business for profit or issue stock4 7#b7 ,political activities ,the ,corporation shall be nonpolitical and may not promote or oppose the candidacy of an individual seeking public office4 7g7 ,headquarters1 principal office1 and meetings ,the ,corporation shall maintain its principal office and national headquarters in a location in the ,united ,states decided by the ,corporation4 ,the ,corporation may hold its annual and special meetings in the places decided by the ,corporation4 #c4 ,oversight of athlete agents and third-party licensees 7a7 ,registration required 7#a7 ,athlete agents ,it shall be unlawful for an athlete agent to enter into an agency contract with a student athlete1 or to directly or indirectly recruit or solicit a student athlete to enter into an agency contract1 unless such athlete agent is a registered athlete agent4 7#b7 ,third-party licensees ,it shall be unlawful for a third-party licensee to license publicity rights from any student athlete or group of student athletes1 unless such third-party licensee is a registered third-party licensee4 7b7 ,rules for athlete agents and third-,party licensees 7#a7 ,in general ,the ,board shall adopt rules that-- 7,a7 provide for how athlete agents and third-party licensees may register with the ,corporation2 and 7,b7 govern the conduct of registered athlete agents and registered third-party licensees4 7#b7 ,biannual disclosures ,the rules adopted under paragraph 7#a7 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 name1 image1 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 agreement1 including any terms relating to price or compensation4 7#c7 ,compliance tests ,the rules adopted under paragraph 7#a7 shall require each registered athlete agent and each registered third-party licensee to take and pass1 at least every #b years1 a compliance test developed by the ,corporation that evaluates-- 7,a7 the ability of the athlete agent or third-party licensee to comply with the rules adopted under paragraph 7#a7 and approved under paragraph 7#f72 and 7,b7 the compliance of the athlete agent or third-party licensee with such rules during the preceding #b-year period4 7#d7 ,limitation on duration of contracts and agreements ,the rules adopted under paragraph 7#a7 shall prohibit a registered athlete agent or registered third-party licensee from entering into an agency contract or name1 image1 and likeness agreement with a student athlete unless such contract or agreement-- 7,a7 has a term of not more than #e years2 and 7,b7 permits either party to terminate such contract or agreement without penalty at any time before the end of the term of such contract or agreement4 7#e7 ,arbitration ,the rules adopted under paragraph 7#a7 may require a registered athlete agent or registered third-party licensee to submit a dispute with a student athlete under an agency contract or name1 image1 and likeness agreement to arbitration by a neutral party4 7#f7 ,rules subject to ,commission approval 7,a7 ,in general ,a rule adopted under paragraph 7#a7 or any amendment to or repeal of such a rule 7in this paragraph referred to as a proposed rule7 may not take effect unless such proposed rule has been approved by the ,commission4 7,b7 ,filing with ,commission ,the ,board shall file with the ,commission1 in accordance with such rules as the ,commission may prescribe1 copies of any proposed rule4 7,c7 ,publication ,the ,commission shall publish a proposed rule filed under subparagraph 7,b7 and provide interested persons an opportunity to comment4 7,d7 ,timeline ,not later than #de days after a proposed rule is published under subparagraph 7,c71 the ,commission shall approve or disapprove the proposed rule4 7,e7 ,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 ,act4 7c7 ,database of registered athlete agents and registered third-,party licensees ,the ,corporation shall maintain1 and make publicly available on the website of the ,corporation1 a searchable and updated database of registered athlete agents and registered third-party licensees1 including the biannual disclosures filed by each such agent or licensee under subsection 7b77#b74 7d7 ,investigations 7#a7 ,in general ,the ,corporation may investigate violations of subsection 7a7 and the rules approved under subsection 7b77#f74 7#b7 ,subpoena power 7,a7 ,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 7#a74 ,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 ,states4 7,b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under subparagraph 7,a71 the ,board may apply to a ,united ,states district court for an order requiring such person to appear before the ,board to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where such person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7,c7 ,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 courts4 7,d7 ,service of process ,all process of any court to which application is made under subparagraph 7,b7 may be served in the judicial district in which the person required to be served resides or may be found4 7e7 ,enforcement of rules by ,board 7#a7 ,in general ,if1 after notice to a registered athlete agent or a registered third-party licensee and an opportunity for such agent or licensee to respond1 the ,board finds that such agent or licensee has violated a rule approved under subsection 7b77#f71 the ,board may suspend the registration of such agent or licensee for not more than #c years4 7#b7 ,appeal to ,commission 7,a7 ,in general ,in accordance with such rules as the ,commission may prescribe1 any registered athlete agent or registered third-party licensee subject to a final decision by the ,board under paragraph 7#a7 may obtain review by the ,commission of such decision4 ,the ,commission may uphold or reverse such decision in whole or in part1 including by reducing the period of any suspension of the registration of the athlete agent or third-party licensee4 7,b7 ,standard of review ,in any review of a decision of the ,board under subparagraph 7,a71 except when the ,commission considers it necessary for the ,commission to review the decision de novo-- 7i7 the findings of the ,board as to the facts1 if supported by evidence1 shall be conclusive2 and 7ii7 the ,commission shall apply the same standard of review as a reviewing court under section #gjf of title #e1 ,united ,states ,code4 7f7 ,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 agent1 third-party licensee1 institution of higher education1 intercollegiate athletics association1 conference1 or student athlete1 the ,board shall refer the matter to the appropriate ,federal agency4 7g7 ,best practices and templates for contracts and agreements ,the ,corporation shall-- 7#a7 conduct studies to develop best practices and templates for agency contracts and name1 image1 and likeness agreements2 and 7#b7 make the best practices and templates developed under paragraph 7#a71 including any updates to such best practices and templates1 publicly available on the website of the ,corporation4 #d4 ,covered compensation provided by third parties ,the provision of covered compensation to a student athlete who is enrolled1 or may in the future enroll1 in an institution of higher education-- 7#a7 may only be promised1 paid1 or permitted if the covered compensation is sourced from1 and provided at the discretion of1 a third party2 and 7#b7 may not be promised1 paid1 or permitted to induce-- 7,a7 the recruitment of a student athlete to any institution of higher education or group of institutions of higher education2 or 7,b7 a student athlete to continue attending a particular institution of higher education4 #e4 ,enforcement by ,federal ,trade ,commission 7a7 ,unfair or deceptive acts or practices ,a violation of section #c7;a7 or #d1 or a rule prescribed under such section1 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,actions by ,commission ,the ,commission shall enforce sections #c7;a7 and #d1 and the rules prescribed under such sections1 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7c7 ,rulemaking authority ,the ,commission may prescribe rules in accordance with section #eec of title #e1 ,united ,states ,code1 to implement this ,act4 #f4 ,ability of student athletes to enter into agency contracts and name1 image1 and likeness agreements 7a7 ,agency contracts ,an intercollegiate athletics association1 a conference1 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 agent4 7b7 ,name1 image1 and likeness agreements 7#a7 ,in general ,except as provided in paragraph 7#b71 an intercollegiate athletics association1 a conference1 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 name1 image1 and likeness agreement with a registered third-party licensee4 7#b7 ,exceptions ,an intercollegiate athletics association1 a conference1 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 name1 image1 and likeness agreement with a registered third-party licensee if-- 7,a7 the agreement violates-- 7i7 the code of student conduct of such intercollegiate athletics association1 conference1 or institution of higher education2 or 7ii7 section #d1 a rule prescribed under such section1 or a rule approved under section #c7;b77#f72 or 7,b7 the student athlete fails to provide a copy of the agreement to an institution of higher education as required by paragraph 7#d74 7#c7 ,limitation ,during and immediately before and after an amateur intercollegiate athletic event or amateur intercollegiate athletic competition1 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 name1 image1 and likeness agreement4 7#d7 ,disclosures 7,a7 ,enrolled athletes ,with respect to a student athlete enrolled in an institution of higher education who enters into a name1 image1 and likeness agreement1 the student athlete shall1 not later than #g days after entering into the agreement1 provide to the institution of higher education a copy of the agreement4 7,b7 ,recruited athletes ,with respect to a student athlete who is or may be recruited to attend1 but is not yet enrolled in1 an institution of higher education and who enters into a name1 image1 and likeness agreement1 the student athlete shall1 before signing a letter of intent or athletics aid agreement or paying an admissions acceptance fee1 provide to the institution of higher education a copy of all current and expired name1 image1 and likeness agreements entered into by the student athlete4 7c7 ,enforcement 7#a7 ,complaint by student athlete ,a student athlete may file with the ,board a complaint alleging that an intercollegiate athletics association1 a conference1 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 7a7 or 7b74 7#b7 ,order by ,board ,after providing notice and an opportunity to respond to an intercollegiate athletics association1 conference1 or institution of higher education against which a complaint of a student athlete is filed under paragraph 7#a71 the ,board shall issue an order-- 7,a7 stating the findings of the ,board regarding whether the association1 conference1 or institution has punished or prohibited the participation of the student athlete in violation of subsection 7a7 or 7b72 and 7,b7 if the ,board finds that the association1 conference1 or institution has punished or prohibited the participation of the student athlete in violation of subsection 7a7 or 7b71 directing the association1 conference1 or institution-- 7i7 if such event or competition has not concluded when the order of the ,board is issued1 to remove the punishment or prohibition in such event or competition2 and 7ii7 to remove or not impose any similar punishment or prohibition with respect to the agency contract or name1 image1 and likeness agreement in question in any such events or competitions in the future4 7#c7 ,appeal to ,commission 7,a7 ,in general ,in accordance with such rules as the ,commission may prescribe1 any student athlete or intercollegiate athletics association1 conference1 or institution of higher education subject to a final order of the ,board under paragraph 7#b7 may obtain review of the order by the ,commission4 ,the ,commission may uphold or reverse the order in whole or in part1 including by modifying or adding a direction to the association1 conference1 or institution under subparagraph 7,b7 of such paragraph4 7,b7 ,standard of review ,in any review of an order of the ,board under subparagraph 7,a71 except when the ,commission considers it necessary for the ,commission to review the order de novo-- 7i7 the findings of the ,board as to the facts1 if supported by evidence1 shall be conclusive2 and 7ii7 the ,commission shall apply the same standard of review as a reviewing court under section #gjf of title #e1 ,united ,states ,code4 7,c7 ,jurisdiction of ,commission ,notwithstanding sections #d and #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd2 #de7;a77#b77 and any other jurisdictional limitation of the ,commission1 the ,commission may review under subparagraph 7,a7 an order of the ,board that applies to an intercollegiate athletics association1 conference1 or institution of higher education that is-- 7i7 not organized to carry on business for its own profit or that of its members2 or 7ii7 a public institution4 7#d7 ,injunctive relief ,if1 after the time for appeal to the ,commission of an order of the ,board under paragraph 7#b7 has expired or the ,commission has issued a final decision in any such appeal1 an intercollegiate athletics association1 conference1 or institution of higher education fails to comply with the order1 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 association1 conference1 or institution to comply with the order4 7d7 ,conforming amendment ,section #c7;b77#c7 of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghjb7;b77#c77 is amended by striking ,warning to ,student ,athlete and all that follows through ,within and inserting ,notice to ,student ,athlete3 ,within4 #g4 ,role of intercollegiate athletics associations and conferences ,nothing in this ,act may be construed to prohibit an intercollegiate athletics association or conference from-- 7#a7 adopting rules1 consistent with this ,act and the rules approved under section #c7;b77#f72 and 7#b7 enforcing the rules adopted by the association or conference under paragraph 7#a7 by-- 7,a7 declaring ineligible for competition a student athlete who1 directly or indirectly 7including through a family member of the student athlete acting on behalf of the student athlete71 receives payments in violation of this ,act or any such rule2 and 7,b7 withholding #a or more revenue distributions from an institution of higher education that makes payments in violation of this ,act or any such rule4 #h4 ,employment matters ,notwithstanding any other provision of ,federal or ,state law1 a student athlete may not be considered an employee of an intercollegiate athletics association1 a conference1 or an institution of higher education based on the participation of such student athlete in amateur intercollegiate athletic events or amateur intercollegiate athletic competitions4 #i4 ,limitation of liability ,an intercollegiate athletics association1 a conference1 or an institution of higher education that complies with the requirements under this ,act shall not be subject to liability1 based on action taken by the intercollegiate athletics association1 conference1 or institution of higher education before the date of the enactment of this ,act1 under-- 7#a7 any ,federal or ,state statute relating to trade or competition2 or 7#b7 any ,federal or ,state statute relating to tortious interference based on concepts of unfair competition4 #aj4 ,preemption ,no ,state or political subdivision of a ,state may establish or continue in effect any law1 regulation1 rule1 requirement1 or standard that governs or regulates the compensation1 publicity rights1 employment status1 or eligibility for competition of a student athlete1 including any provision that governs or regulates the commercial use of the name1 image1 or likeness of a student athlete4 #aa4 ,definitions ,in this ,act3 7#a7 ,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 name1 image1 and likeness agreement4 7#b7 ,amateur intercollegiate athletic competition ,the term amateur intercollegiate athletic competition means any varsity game1 meet1 or other competition between or among teams sponsored by institutions of higher education4 7#c7 ,amateur intercollegiate athletic event 7,a7 ,in general ,the term amateur intercollegiate athletic event means a game1 meet1 competition1 banquet1 practice1 conditioning session1 media session1 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 conference1 regardless of whether such event occurs on or off the campus of an institution of higher education or during or outside the season for competition4 7,b7 ,inclusion ,the term amateur intercollegiate athletic event includes travel to and from any event described in subparagraph 7,a74 7#d7 ,athlete agent 7,a7 ,in general ,the term athlete agent means an individual who enters into an agency contract with a student athlete1 or directly or indirectly recruits or solicits a student athlete to enter into an agency contract4 7,b7 ,exclusion ,the term athlete agent does not include a spouse1 parent1 sibling1 grandparent1 or guardian of such student athlete1 any legal counsel for purposes other than that of representative agency1 or an individual acting solely on behalf of a professional sports team or professional sports organization4 7#e7 ,athletics booster ,the term athletics booster means any individual or entity that1 directly or indirectly1 through any other individual or entity or in any other manner-- 7,a7 has provided #a or more donations exceeding #e1jjj1 in the aggregate1 to obtain season tickets for any sport at an institution of higher education2 7,b7 has made #a or more financial contributions exceeding #e1jjj1 in the aggregate1 to the athletics department or other athletics management organization of an institution of higher education2 or 7,c7 has assisted1 or been requested by an employee of an institution of higher education to assist1 in the recruitment of a student athlete4 7#f7 ,board ,the term ,board means the ,board of ,directors of the ,corporation4 7#g7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#h7 ,conference ,the term conference means any organization or association that-- 7,a7 has as members #b or more institutions of higher education2 and 7,b7 arranges championships and sets rules for varsity intercollegiate sports competition4 7#i7 ,corporation ,the term ,corporation means the ,national ,intercollegiate ,compensation ,corporation established by section #b7;a74 7#aj7 ,cost of attendance ,the term cost of attendance-- 7,a7 has the meaning given the term in section #dgb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll72 and 7,b7 shall be calculated by the financial aid office of each institution applying the same standards1 policies1 and procedures for all students1 including such amounts paid or provided by the institution for undergraduate and graduate studies at the institution4 7#aa7 ,covered compensation 7,a7 ,in general ,the term covered compensation means any form of payment or remuneration1 including cash1 benefits1 awards1 gifts1 in-kind contributions1 and any other form of payment or remuneration4 7,b7 ,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 law4 7,c7 ,exclusions ,the term covered compensation does not include the payment or provision of the following3 7i7 ,tuition1 room1 board1 books1 fees1 and personal expenses paid or provided by an institution of higher education up to the full cost of attendance4 7ii7 ,federal ,pell ,grants and other ,state and ,federal grants unrelated to1 and not awarded with respect to1 participation in varsity intercollegiate sports competition4 7iii7 ,health insurance and the costs of health care wholly or partly self-funded by an intercollegiate athletics association1 a conference1 or an institution of higher education4 7iv7 ,disability and loss of value insurance that is wholly or partly self-funded by an intercollegiate athletics association1 a conference1 or an institution of higher education4 7v7 ,career counseling or job placement services available to all students at an institution of higher education4 7vi7 ,payment of hourly wages and benefits for work actually performed 7and not for participation in intercollegiate athletics7 at a rate commensurate with the prevailing rate in the locality of an institution of higher education for similar work4 7#ab7 ,former student athlete ,the term former student athlete means a student athlete who is no longer eligible to participate in intercollegiate athletics4 7#ac7 ,image ,the term image1 with respect to a student athlete1 means a picture or video of the student athlete4 7#ad7 ,institution of higher education ,the term institution of higher education means an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 that sponsors varsity intercollegiate sports competition in the ,united ,states4 7#ae7 ,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 athletics4 7#af7 ,intercollegiate athletics association ,the term intercollegiate athletics association means any organization or association that-- 7,a7 has as members #b or more conferences2 and 7,b7 arranges championships and sets rules for varsity intercollegiate sports competition4 7#ag7 ,likeness ,the term likeness1 with respect to a student athlete1 means a physical or digital depiction or representation of the student athlete4 7#ah7 ,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 policy4 7#ai7 ,name ,the term name1 with respect to a student athlete1 means the first or last name of1 the nickname of1 or any other personal identifier of or directly related to the student athlete1 when used in a context that reasonably identifies the student athlete with particularity4 7#bj7 ,name1 image1 and likeness agreement ,the term name1 image1 and likeness agreement means a contract or similar arrangement between a student athlete and a third-party licensee regarding the commercial use of the name1 image1 or likeness of the student athlete4 7#ba7 ,publicity right ,the term publicity right-- 7,a7 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 name1 image1 or likeness of the individual2 and 7,b7 includes any right that is licensed under a name1 image1 and likeness agreement4 7#bb7 ,registered athlete agent ,the term registered athlete agent means an athlete agent that is registered with the ,corporation under section #c4 7#bc7 ,registered third-party licensee ,the term registered third-party licensee means a third-party licensee that is registered with the ,corporation under section #c4 7#bd7 ,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 name1 image1 or likeness of the student athlete4 7#be7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7#bf7 ,student athlete ,the term student athlete means any individual enrolled in an institution of higher education who participates1 or any individual who may be recruited to enroll in such an institution and participate1 as a team member or competitor in varsity intercollegiate sports competition sponsored by the institution of higher education4 7#bg7 ,third party ,the term third party means an individual or entity that-- 7,a7 is not an athletics department or an athletics booster of an institution of higher education2 and 7,b7 is unaffiliated with an athletics department or an athletics booster of an institution of higher education4 7#bh7 ,third-party licensee 7,a7 ,in general ,the term third-party licensee means any individual or entity that licenses publicity rights from any student athlete or group of student athletes4 7,b7 ,exclusion ,the term third-party licensee does not include any intercollegiate athletics association1 conference1 or institution of higher education4 7#bi7 ,unaffiliated ,with respect to #b or more individuals or entities1 the term unaffiliated means that the individuals or entities do not share interrelated operations1 common management1 centralized control of labor relations1 or common ownership or financial control4 7#cj7 ,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 competition4