Sec. 3. College athlete rights and protections
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/bill/116/hr/9033/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to a limitation pursuant to paragraph (3), an institution of higher education, an intercollegiate athletic association, or a conference may not restrict the ability of college athletes, individually or as a group, to market the use of their names, images, likenesses, or athletic reputations. A person may not use the name, image, likeness, or athletic reputation of any member of a group described in paragraph
(1)to sell or promote any product unless the person obtains a license from the group for that purpose. Notwithstanding paragraph (1), a State may prohibit college athletes residing in the State from entering into endorsement contracts with entities in a particular industry if the State also prohibits institutions of higher education located in the State from entering into agreements with such entities. An institution of higher education shall provide to each college athlete enrolled at the institution of higher education a list of entities with which institutions of higher education and college athletes are prohibited from entering into endorsement contracts pursuant to subparagraph (A). In conjunction with an endorsement contract of a college athlete enrolled at a particular institution of higher education, such institution of higher education may enter into a separate agreement with the third party concerned for the intellectual property rights or the name, image, likeness, or athletic reputation rights of the institution of higher education, including the use of the logos and team uniforms of the institution of higher education, if— the third party provides directly to the college athlete concerned covered compensation pursuant to the endorsement contract; and the agreement between the institution of higher education and the third party is not initiated or coordinated by the institution of higher education. Except as provided in subparagraph (B), an institution of higher education may require a college athlete to use, during a competition or practice sponsored by the institution of higher education, apparel selected by the institution of higher education. An institution of higher education may not prohibit, and may not enter into a contract that prohibits, a college athlete from carrying out activities pursuant to an endorsement contract during a period in which the college athlete is not engaged in a mandatory team activity. An institution of higher education may not prohibit or discourage a college athlete from wearing footwear of his or her choice during mandatory team activities, unless the footwear has lights, reflective fabric, or poses a health risk to the college athlete. Covered compensation or commercial sports revenue royalties— shall not be considered financial aid by any institution of higher education, intercollegiate athletic association, conference, or third party; and notwithstanding section 480(j) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(j) ), shall not be included as financial assistance for purposes of determining a student’s eligibility for financial assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.). An institution of higher education, an intercollegiate athletic association, or a conference may not restrict the ability of a college athlete to receive payment from any source for— transportation, room, or board for one or more friends or family members of the college athlete during any period in which the college athlete is addressing a physical or mental health concern or participating in intercollegiate athletics competition; necessities, including food, shelter, medical coverage, and medical expenses; or tuition, fees, books, transportation, or any other incidental expense that is not otherwise provided by an institution of higher education. Receipt of covered compensation pursuant to an endorsement contract shall not adversely affect— a college athlete’s eligibility or opportunity to apply for a grant-in-aid; or the amount, duration, or renewal of a college athlete’s grant-in-aid. An institution of higher education may not revoke or reduce a college athlete’s grant-in-aid based on the college athlete having entered into an endorsement contract. An institution of higher education, an intercollegiate athletic association, or a conference may not restrict the ability of a college athlete to obtain agent representation with respect to an endorsement contract, including— representation provided by college athlete agents, group licensing entities, and financial advisors; and legal representation by attorneys. An institution of higher education, an intercollegiate athletic association, or a conference, or a business partner of an institution of higher education, an intercollegiate athletic association, or a conference may not— represent college athletes in endorsement contracts; regulate the representation of college athletes with respect to endorsement contracts; or engage in the certification of individuals for such representation. A college athlete shall retain his or her right to transfer from one institution of higher education to another notwithstanding any contract to which a college athlete is a party or national letter of intent signed by the college athlete. Institutions of higher education, intercollegiate athletic associations, and conferences shall allow a college athlete to transfer from one institution of higher education to another without losing grant-in-aid opportunities or eligibility for intercollegiate athletics if— not less than 7 days before transferring, the college athlete provides to his or her athletic director notice of intent to transfer; and the transfer does not occur during— the season of the sport of the college athlete; or the 45-day period preceding the date on which such season commences. An institution of higher education, an intercollegiate athletic association, or a conference may not offer or provide to a college athlete any compensation or benefit (other than grant-in-aid) that is— conditioned on the college athlete transferring to a particular institution of higher education; or intended to induce the college athlete to transfer to a particular institution of higher education. Notwithstanding subparagraph (A), an institution of higher education, an intercollegiate athletic association, or a conference may provide a college athlete with reimbursement for expenses relating to campus tours or visits. An institution of higher education, an intercollegiate athletic association, or a conference may not prevent the participation of a college athlete in intercollegiate athletics based on the college athlete having entered into a professional sports draft if the college athlete— does not receive compensation, directly or indirectly, from a professional sports league; and not later than 7 days after the completion of the draft, notifies his or her athletic director of his or her intent to forgo participation in the professional league. An institution of higher education, an intercollegiate athletic association, a conference, or a State may not maintain or enforce any rule, requirement, standard, condition, or other limitation that prevents the full participation of a college athlete in intercollegiate athletics competition based on the college athlete having— entered into an endorsement contract; or obtained representation described in subsection (c)(1). An institution of higher education, an intercollegiate athletic association, or a conference may not— arrange an endorsement contract on behalf of a college athlete; impose on college athletes restrictions on speech that are more stringent than restrictions on speech imposed on students enrolled at the institution of higher education who are not college athletes; levy against a college athlete any fine or other punishment that does not apply equally to other students enrolled in the institution of higher education; coordinate or cooperate with any other institution of higher education, intercollegiate athletic association, or conference to limit or determine the amount of payment offered to a college athlete under an endorsement contract; or eliminate the funding of an athletic program unless all other options for reducing the expenses of the athletic program, including reducing coach salaries and administrative and facility expenses, are not feasible.
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