Sec. 2. Definitions
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In this Act: The term association means any organization that— has as members 2 or more conferences or institutions; and arranges championships and sets rules for varsity intercollegiate sports competition. The term booster means an individual or entity that, in a calendar year, directly or indirectly, through an institution or any other individual or entity or in any other manner— has provided a donation to obtain season tickets for any sport at an institution that exceeds the annual amount determined by the Entity; has made a financial contribution directly to the athletics department or other athletics management organization of an institution in an amount that exceeds the annual amount determined by the Entity; is party to any license agreement for use of the trademarks of an institution in connection with athletics under which the total payments exceed such amount; has made any combination of such donations, contributions, or license payments, or has provided any other form of consideration in connection with an activity described in any of subparagraphs
(A)through (C), that, in the aggregate, exceed such amount; has arranged or provided employment for 1 or more student athletes; or has assisted, or been requested by an employee of an institution to assist, in the recruitment of a prospective student athlete. The term certification office means the office established by the Entity under section 6(e)(2). The term certified agent means an athlete agent (as defined in section 2 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 ))— who is certified by the certification office as being in full compliance with all requirements established by the certification office; and whose certification has not lapsed, expired, or been revoked. The term Commission means the Federal Trade Commission. The term conference means any organization or association that— has as members 2 or more institutions; and arranges championships and sets rules for varsity intercollegiate sports competition. 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 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. The term covered compensation includes any form of payment or remuneration, including cash, benefits, awards, gifts, in-kind contributions, and any other form of payment or remuneration. 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. The term covered compensation does not include the payment or provision of the following: Tuition, room, board, books, fees, and personal expenses paid or provided by an institution up to the full cost of attendance. Federal Pell Grants and other State and Federal grants unrelated to, and not awarded with respect to, participation in varsity intercollegiate sports competition. Health insurance and the costs of health care wholly or partly self-funded by an association, a conference, or an institution. Disability and loss of value insurance that is wholly or partly self-funded by an association, a conference, or an institution. Career counseling or job placement services available to all students at an institution. 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 for similar work. The term division means an organization of institutions— the athletics programs of which compete against each other at a similar level of competition; and that is recognized by an association. With respect to a student athlete, the term enroll means to receive passing grades, as determined by the applicable institution, for completing courses of instruction at such institution comprising not less than 12 percent of the credits required for graduation from the institution. The term Entity means the independent entity for intercollegiate athletics selected by the Commission under section 6(b). The term image , with respect to a student athlete, means a picture of the student athlete. The term institution 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. 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. The term likeness , with respect to a student athlete, means a physical or digital depiction or representation of the student athlete. 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. The term name , with respect to a student athlete, means the first or last name, or the nickname, of the student athlete when used in a context that reasonably identifies the student athlete with particularity. 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. The term publicity right — 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 includes any right that is licensed under a name, image, and likeness agreement. 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. The term student athlete means any individual attending an institution who participates as a team member or competitor in varsity intercollegiate sports competition sponsored by the institution. The term third-party licensee means any individual or entity that licenses publicity rights from any current or prospective student athlete or groups of student athletes. The term third-party licensee does not include any association, conference, or institution. The term varsity intercollegiate sports competition means competition between and among collegiate sports teams that principally represent an institution at the highest level of competition.
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