,,ii #aagth ,,congress #b;d ,session ,s4 #dhee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ad1 #bjbb,mr4 ,wicker introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the rights of student athletes and to provide for transparency and accountability with respect to student athlete name1 image1 and likeness agreements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,collegiate ,athlete ,compensation ,rights ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,athletic association ,the term athletic association means any organization or other group that-- 7,a7 has #b or more conferences as members2 and 7,b7 arranges1 sets rules for1 or regulates varsity intercollegiate sports competition4 7#b7 ,athletic department ,the term athletic department means a department at an institution responsible for sponsoring #a or more varsity intercollegiate athletic programs4 7#c7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce and the ,committee on ,education and ,labor of the ,house of ,representatives4 7#d7 ,booster ,with respect to an institution1 the term booster means-- 7,a7 an individual or entity that1 directly or indirectly1 through any other individual or entity or in any other manner-- 7i7 has provided a donation to obtain season tickets for any varsity intercollegiate athletic program at the institution that exceeds the annual amount determined by the ,commission2 7ii7 has made a financial contribution directly to the athletic department or other athletics management organization of the institution in an amount that exceeds the annual amount determined by the ,commission2 7iii7 is party to any agreement for use of the trademarks of the institution in connection with any varsity intercollegiate athletic program under which the total payments exceed such amount2 7iv7 has made any combination of such financial donations1 contributions1 expenditures1 or payments in connection with an activity described in any of clauses 7i7 through 7iii71 that1 in the aggregate1 exceed such amount2 7v7 has arranged or provided employment for #a or more student athletes2 or 7vi7 has assisted1 or been requested by an employee of the institution to assist1 in the recruitment of a prospective student athlete2 and 7,b7 includes any entity1 group or collective1 including any tax-exempt or nonprofit entity1 that is controlled by1 or receives or has received #be percent or more of its funding or assets from1 #a or more individuals or entities described in subparagraph 7,a7 of the institution4 7#e7 ,certified agent ,the term certified agent means an athlete agent 7as defined in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja771 a contract advisor1 a financial advisor1 a marketing representative1 a brand manager1 or a similarly employed individual who is certified by the ,commission as being in full compliance with all requirements established by the ,commission-- 7,a7 to represent a student athlete in a name1 image1 and likeness agreement2 7,b7 to provide consulting services to a student athlete with respect to a name1 image1 and likeness agreement2 or 7,c7 to recruit or solicit1 directly or indirectly1 a student athlete-- 7i7 to engage in an activity described in subparagraph 7,a7 or 7,b72 or 7ii7 to represent or attempt to represent a student athlete for the purpose of marketing the name1 image1 or likeness of the student athlete4 7#f7 ,chair ,the term ,chair means the ,chair of the ,federal ,trade ,commission4 7#g7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#h7 ,conference ,the term conference means any organization that-- 7,a7 is not an athletic association2 7,b7 has #b or more institutions as members2 and 7,c7 arranges championships1 sets rules for1 or regulates varsity intercollegiate sports competition4 7#i7 ,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 an institution by applying the same standards1 policies1 and procedures for all students at such institution4 7#aj7 ,covered compensation 7,a7 ,in general ,with respect to a name1 image1 and likeness agreement1 the term covered compensation means any payment1 remuneration1 or benefit1 including cash1 awards1 gifts1 and in-kind contributions1 that-- 7i7 is provided by a third party to a student athlete2 7ii7 is commensurate with the market value for the activity carried out under the name1 image1 and likeness agreement2 and 7iii7 is not1 or is not intended to be1 a recruiting inducement or compensation for participation in a varsity intercollegiate sport4 7,b7 ,exclusion ,the term covered compensation does not include grant-in-aid4 7#aa7 ,grant-in-aid ,the term grant-in-aid means-- 7,a7 tuition1 room1 board1 books1 fees1 and personal expenses paid or provided by an institution up to the full cost of attendance2 7,b7 ,federal ,pell ,grants and other ,state and ,federal grants unrelated to1 and not awarded with respect to1 participation in varsity intercollegiate sports competition2 7,c7 health insurance and the costs of health care wholly or partly self-funded by an athletic association1 a conference1 or an institution2 7,d7 disability and loss of value insurance that is wholly or partly self-funded by an athletic association1 a conference1 or an institution2 7,e7 career counseling or job placement services available to all students at an institution2 or 7,f7 payment of hourly wages and benefits for work actually performed 7and not for participation in a varsity intercollegiate athletic program7 at a rate commensurate with the prevailing rate in the locality of an institution for similar work4 7#ab7 ,image ,the term image1 with respect to a student athlete1 means a photograph1 video1 or computer-generated representation that identifies1 is linked to1 or is reasonably linkable to the student athlete4 7#ac7 ,institution ,the term institution means an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja774 7#ad7 ,likeness ,the term likeness1 with respect to a student athlete1 means-- 7,a7 with respect to a student athlete of a sport for which the student athlete has a jersey number1 the jersey number associated with the student athlete and the sport in which the student athlete participates at a particular institution during the period of the participation of the student athlete in the sport at the institution1 if the jersey number is accompanied by-- 7i7 a logo or color scheme that is clearly associated with the institution2 or 7ii7 some other means by which the jersey number is associated with the particular student athlete2 and 7,b7 with respect to any student athlete-- 7i7 the uniquely identifiable voice1 catch phrase1 or nickname of the student athlete2 or 7ii7 any other mark that identifies or distinguishes the student athlete4 7#ae7 ,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#af7 ,name ,the term name1 with respect to a student athlete1 means the first or last name1 the nickname1 or the username on any internet platform of the student athlete when used in a context that reasonably identifies the student athlete with specificity or particularity4 7#ag7 ,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 regarding the commercial use of the name1 image1 or likeness of the student athlete in exchange for covered compensation4 7#ah7 ,prospective student athlete ,the term prospective student athlete means an individual attending an elementary school or a secondary school 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 who participates in a sport program4 7#ai7 ,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#bj7 ,student athlete ,the term student athlete means any individual enrolled at an institution who participates as a team member or competitor in varsity intercollegiate sports competition sponsored by the institution4 7#ba7 ,third party ,the term third party means an individual or entity that is not-- 7,a7 an institution2 7,b7 an athletic department2 7,c7 an organization or a foundation that provides financial support to an institution or athletic department2 7,d7 a conference2 7,e7 an athletic association2 7,f7 a certified agent2 or 7,g7 an employee of any such individual or entity4 7#bb7 ,varsity intercollegiate athletic program ,the term varsity intercollegiate athletic program means a sport played at the intercollegiate level1 administered by an athletic department1 for which eligibility requirements for participation by student athletes are established by an athletic association4 7#bc7 ,varsity intercollegiate sports competition ,the term varsity intercollegiate sports competition means a competition involving #b or more varsity intercollegiate athletic programs sponsored by different institutions4 #c4 ,student athlete name1 image1 and likeness rights and protections 7a7 ,in general ,except as provided in section #d1 an athletic association1 a conference1 or an institution1 or any representative of such an entity1 shall permit a student athlete or a group of student athletes-- 7#a7 to market1 or to earn covered compensation for the value of1 their name1 image1 or likeness2 and 7#b7 to obtain or retain a certified agent for any matter or activity relating to such covered compensation4 7b7 ,consent and compensation for group use 7#a7 ,in general ,subject to paragraph 7#b71 a third party may not use the name1 image1 or likeness of any group described in subsection 7a7 to sell or promote any product or service unless the third party obtains the written consent from each member of the group for that purpose4 7#b7 ,certain third party agreements with institutions1 conferences1 and athletic associations 7,a7 ,in general ,paragraph 7#a7 shall not apply to a third party that enters into an agreement with an institution1 a conference1 or an athletic association to produce or distribute live1 archival1 or delayed audiocast or videocast of a varsity intercollegiate sports competition of the institution1 including-- 7i7 a commercial that promotes such a competition2 and 7ii7 audio or video distributions of such a competition4 7,b7 ,rule of construction ,nothing in this paragraph may be construed to require an institution1 a conference1 or an athletic associations to provide compensation or payment to any student athlete for appearing in an audiocast or videocast of a varsity intercollegiate sports competition of an institution4 7c7 ,rescission of agreements ,in the case of a student athlete who no longer participates in a varsity intercollegiate athletic program1 the student athlete may rescind a name1 image1 and likeness agreement with a remaining term of more than #a year-- 7#a7 without being held liable for breach2 and 7#b7 with no obligation to return payments received before giving notice of the rescission4 7d7 ,educational resources ,the ,commission shall make available on a publicly accessible internet website of the ,commission educational resources for student athletes with respect to financial and contract literacy and earning covered compensation for the commercial use of the name1 image1 or likeness of the student athlete1 which shall-- 7#a7 generally describe the legal and business concepts to be considered in licensing publicity rights2 and 7#b7 include information concerning the implications of contract provisions that may restrict a student athlete's choice of institutions or bind the student athlete to long-term arrangements4 #d4 ,prohibitions on certain activities of institutions1 boosters1 and third parties 7a7 ,restrictions on earning covered compensation ,except as provided in a rule established in accordance with section #h1 an athletic association1 a conference1 or an institution may not-- 7#a7 adopt or maintain a contract1 rule1 regulation1 standard1 or other requirement that prevents or unduly restricts a student athlete from earning covered compensation for the use of the name1 image1 or likeness of the student athlete2 7#b7 impose a speech restriction for student athletes that is more stringent than any speech restriction imposed on other students at the same institution2 7#c7 limit athletic opportunities for a student athlete solely on the basis of the student athlete's commercial use of his or her name1 image1 or likeness2 or 7#d7 coordinate or cooperate with any other institution1 conference1 or athletic association to limit payment offered to a student athlete under a name1 image1 and likeness agreement4 7b7 ,classification of student athletes ,notwithstanding any other provision of ,federal or ,state law1 a student athlete shall not be considered an employee of an athletic association1 a conference1 or an institution with respect to the participation of the student athlete in a varsity intercollegiate sports competition4 7c7 ,scholarships ,an institution1 a conference1 or an athletic association may not revoke1 reduce1 or impose a condition on an athletic scholarship of a student athlete based on the student athlete having earned covered compensation or having obtained a certified agent in accordance with this ,act4 7d7 ,preventing conflicts of interest ,an institution1 an athletic association1 a conference1 or a business partner of such an entity may not-- 7#a7 represent a student athlete or prospective student athlete in a name1 image1 and likeness agreement2 7#b7 arrange a name1 image1 and likeness agreement on behalf of a student athlete or prospective student athlete2 7#c7 enter into a name1 image1 and likeness agreement with a student athlete or prospective student athlete2 7#d7 regulate the representation of a student athlete or a group of student athletes or a prospective student athlete or group of prospective student athletes with respect to a name1 image1 and likeness agreement2 or 7#e7 engage in the certification or promotion of individuals for such representation4 7e7 ,certified agent restriction 7#a7 ,in general ,a certified agent may not represent a prospective student athlete in a name1 image1 and likeness agreement if the prospective student athlete plans to enroll in an institution and participate in a varsity intercollegiate sports competition for such institution4 7#b7 ,exclusion ,for purposes of this subsection1 a family member of a prospective student athlete shall not be considered to be a certified agent with respect to representation of the prospective student athlete4 7f7 ,conflicts with contracts or rules of institution 7#a7 ,in general ,except as provided in paragraph 7#b71 a third party may not enter into1 or offer to enter into1 a name1 image1 and likeness agreement with a student athlete that provides covered compensation if a provision of the name1 image1 and likeness agreement conflicts with a provision of a contract1 rule1 regulation1 standard1 or other requirement of the applicable institution4 7#b7 ,exception ,a third party may enter into1 or offer to enter into1 a name1 image1 and likeness agreement with a student athlete that conflicts with a provision of a contract1 rule1 regulation1 standard1 or other requirement of the applicable institution if-- 7,a7 the institution consents1 in writing1 to the name1 image1 and likeness agreement2 or 7,b7 the contract1 rule1 regulation1 standard1 or other requirement unduly restricts student athletes from earning covered compensation for the use of the name1 image1 or likeness of the student athlete1 as determined by the ,commission4 7#c7 ,disclosures 7,a7 ,conflicts ,an institution asserting a conflict described in paragraph 7#a7 shall disclose to the certified agent and the ,commission each relevant term of the contract1 rule1 regulation1 standard1 or other requirement of the varsity intercollegiate athletic program4 7,b7 ,restrictions ,a certified agent asserting a restriction described in paragraph 7#b77;,b7 shall disclose to the ,commission the nature of such restriction4 7g7 ,agent activities ,an individual may not carry out any agent activity or representation of a student athlete with respect to a student athlete name1 image1 and likeness agreement unless the individual is a certified agent4 7h7 ,prohibited agreements ,an athletic association1 a conference1 or an institution may prohibit a student athlete from entering into a name1 image1 and likeness agreement with a third party for the promotion of gambling1 tobacco1 or alcohol products1 or adult entertainment4 #e4 ,transparency and accountability relating to name1 image1 and likeness agreements and student athlete endorsements 7a7 ,receipt of covered compensation ,not later than #e days after the date on which a student athlete receives covered compensation under a name1 image1 and likeness agreement1 the certified agent representing the student athlete shall report to the institution-- 7#a7 the receipt and amount of such covered compensation2 and 7#b7 the terms and conditions of the name1 image1 and likeness agreement1 including the name of each party to the agreement4 7b7 ,written consent required ,an institution may not publicly disclose any information with respect to a name1 image1 and likeness agreement between a student athlete and a third party without the express written consent of the student athlete4 #f4 ,limitation on transfer penalties2 prohibition on inducements 7a7 ,limitation on transfer penalties ,an institution1 an athletic association1 or a conference shall allow a student athlete to transfer from one institution to another not less than once without losing or delaying grant-in-aid opportunities or eligibility to participate in a varsity intercollegiate sports competition if-- 7#a7 not less than #g days before transferring1 the student athlete provides to his or her institution notice of intent to transfer2 and 7#b7 the transfer does not occur during-- 7,a7 the season of the varsity intercollegiate sports competition of the student athlete2 or 7,b7 the #fj-;day period before the commencement of such season4 7b7 ,prohibition on inducements 7#a7 ,in general ,an institution1 an athletic association1 a conference1 a booster1 a third party1 or any agent of such an entity1 may not offer or provide-- 7,a7 a student athlete with any compensation or benefit 7other than grant-in-aid7 that is-- 7i7 conditioned on the student athlete enrolling in1 maintaining enrollment in1 or transferring to a particular institution2 or 7ii7 intended to induce the student athlete to enroll in1 maintain enrollment in1 or transfer to a particular institution2 or 7,b7 a prospective student athlete with any compensation or benefit 7other than grant-in-aid7 that is-- 7i7 conditioned on the prospective student athlete enrolling in a particular institution2 or 7ii7 intended to induce the prospective student athlete to enroll in a particular institution4 7#b7 ,campus tours ,notwithstanding paragraph 7#a71 an institution1 an athletic association1 or a conference may provide to a student athlete or a prospective student athlete reimbursement for expenses relating to campus tours or visits4 #g4 ,enforcement by the ,commission 7a7 ,office of ,sport 7#a7 ,establishment ,not later than #cj days after the date of the enactment of this ,act1 the ,chair shall-- 7,a7 establish within the ,commission the ,office of ,sport 7in this section referred to as the ,office72 and 7,b7 appoint a ,director of the ,office 7in this section referred to as the ,director74 7#b7 ,purpose ,the purpose of the ,office is to assist the ,commission in protecting amateur1 collegiate1 and professional athletes from unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7b7 ,duties 7#a7 ,in general ,the ,director shall engage in activities that include-- 7,a7 leading and coordinating the ,commission's work in furtherance of the purpose described in subsection 7a77#b72 7,b7 coordinating and consulting with the ,bureau of ,consumer ,protection of the ,commission and the ,bureau of ,competition of the ,commission2 7,c7 developing guidance and recommendations2 and 7,d7 organizing public workshops1 issuing reports1 and providing educational materials4 7#b7 ,oversight of name1 image1 and likeness rights and protections ,with respect to the implementation of this ,act1 the duties of the ,office are as follows3 7,a7 ,to establish a process for hearing1 addressing1 and resolving complaints1 concerns1 conflicts1 and grievances from student athletes1 institutions1 conferences1 athletic associations1 certified agents1 and third parties alleging violations of this ,act or any rule or standard developed under this ,act4 7,b7 ,to establish a certification process and set and enforce standards for1 and maintain a registry of1 certified agents4 7,c7 ,to determine the financial limits for boosters1 as described in clauses 7i7 and 7ii7 of section #b7d77;,a74 7,d7 ,on an ongoing basis and as necessary1 to gather and compile information relating to the development and status of the student athlete name1 image1 and likeness market4 7,e7 ,to provide confidential guidance to student athletes4 7,f7 ,to develop rules to carry out the activities described in this paragraph4 7c7 ,enforcement authority 7#a7 ,in general ,a violation of this ,act or any rule or standard developed pursuant to subsection 7b77#b7 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 7#b7 ,powers of the ,federal ,trade ,commission ,the ,commission shall enforce this ,act and any rule or standard developed pursuant to subsection 7b77#b7 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 7#c7 ,nonprofit organizations ,notwithstanding section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act and any rule or standard developed pursuant to subsection 7b77#b7 in the same manner provided in paragraph 7#a71 with respect to organizations not organized to carry on business for their own profit or that of their members4 7#d7 ,penalties2 privileges and immunities ,any person who violates this ,act or any rule or standard developed pursuant to subsection 7b77#b7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 #h4 ,role of athletic associations and conferences ,athletic associations and conferences may-- 7#a7 establish rules1 consistent with this ,act and any rule or standard developed under this ,act2 7#b7 establish rules that prohibit payments of compensation to prospective student athletes and student athletes by institutions1 conferences1 and athletic associations2 and 7#c7 enforce the rules established under paragraphs 7#a7 and 7#b7 by declaring ineligible for a varsity intercollegiate sports competition a student athlete or a prospective student athlete who receives payments in violation of this ,act or any rule or standard developed under this ,act4 #i4 ,comptroller ,general report on health1 safety1 and education needs 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate committees of ,congress a report on the health1 safety1 and education needs of student athletes4 7b7 ,contents of report ,the report required by subsection 7a7 shall include the following3 7#a7 ,an analysis of the current state of student athlete health insurance coverage in the ,united ,states1 including a comparison of amounts and types of coverage offered by institutions of varying sizes and resources4 7#b7 ,an analysis of the degree to which student athletes are not covered for injuries or conditions related to their participation in athletics4 7#c7 ,an analysis of the additional cost to institutions of providing health insurance coverage to student athletes for each year1 up to #e years1 after graduation4 7#d7 ,an analysis of the need for health and safety standards for varsity intercollegiate athletic programs4 7#e7 ,an analysis of the current authorities and activities of the ,department of ,health and ,human ,services to determine whether the ,department of ,health and ,human ,services possesses the appropriate authority or expertise to develop and enforce such health and safety standards4 7#f7 ,an analysis of the extent to which student athletes are unable to complete their degree due to losing scholarship support before graduation within #d years4 7#g7 ,an analysis of the additional cost to institutions of providing guaranteed scholarships for student athletes for each additional year1 up to #e years1 after a typical #d-year enrollment4 #aj4 ,limitation of liability 7a7 ,in general ,an institution1 a conference1 and an athletic association shall comply with the requirements of this ,act and with any rule or standard developed under this ,act1 but shall not be held liable under any provision of ,federal or ,state law for prohibiting a student athlete or prospective student athlete from being paid by an institution1 conference1 or athletic association or for prohibiting a student athlete or prospective student athlete from being paid for the commercial use of the name1 image1 or likeness of the student athlete or prospective student athlete before the date of the enactment of this ,act4 7b7 ,rule of construction ,except as provided in subsection 7a71 nothing in this ,act or the fact or circumstances of the enactment of this ,act may be construed to or relied upon by any court-- 7#a7 to alter the application of ,federal or ,state antitrust law to intercollegiate athletics2 7#b7 to imply the creation of any cause of action not created expressly by this ,act2 or 7#c7 to retroactively create liability1 or invalidate legal defenses1 related to aspects of intercollegiate athletics not directly addressed by this ,act4 #aa4 ,relationship to ,state laws 7a7 ,in general ,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 athlete or prospective student athlete1 including any provision that governs or regulates the commercial use of the name1 image1 or likeness of a student athlete or prospective student athlete2 7b7 ,unauthorized use by a third party ,a ,state or political subdivision of a ,state may establish and enforce laws that prohibit the unauthorized use of the name1 image1 and likeness of a student athlete or prospective student athlete by a third party4 #ab4 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission such sums as are necessary to carry out this ,act4