Sec. 2. Definitions
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/bill/117/s/414/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term agency contract means a written agreement in which an amateur intercollegiate athlete authorizes an amateur athlete representative to act on behalf of the amateur intercollegiate athlete. The term AIAC means the Amateur Intercollegiate Athletics Corporation established by section 8(a). The term amateur athlete representative means an individual who— enters into an agency contract with an amateur intercollegiate athlete; or directly or indirectly recruits or solicits an amateur intercollegiate athlete for the purpose of— entering into an agency contract with the amateur intercollegiate athlete; representing or attempting to represent the amateur intercollegiate athlete for the purpose of marketing his or her athletics ability or reputation for financial gain; or seeking to obtain any type of financial gain or benefit from the potential earnings of the amateur intercollegiate athlete as a professional athlete.
The term amateur athlete representative includes— a certified contract advisor; a financial advisor; a marketing representative; a brand manager; and any individual employed by or associated with an individual described in any of clauses
(i)through (iv). The term amateur athlete representative does not include— the spouse, a parent, a sibling, a grandparent, or a legal guardian of an amateur intercollegiate athlete; or an individual acting solely on behalf of a professional sports team or a professional sports organization. The term amateur intercollegiate athlete means an athlete who is or may be recruited to attend, or is enrolled in, a 4-year degree-granting institution of higher education. The term amateur intercollegiate 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 athletics representative of an institution of higher education or by a national amateur athletic association, regardless of whether such event occurs on or off the campus of an institution of higher education or during or outside the season for competition. The term amateur intercollegiate athletic event includes travel to and from any event described in subparagraph (A). The term amateur intercollegiate athletic competition means any varsity game, meet, or other competition between or among teams sponsored by institutions of higher education. The term athletics booster means any individual or entity that, directly or indirectly, through any other individual or entity or in any other manner— has provided 1 or more donations exceeding $5,000, in the aggregate, to obtain season tickets for any sport at an institution of higher education; has made 1 or more financial contributions exceeding $5,000, in the aggregate, to the athletics department or other athletics management organization of an institution of higher education; or has assisted, or been requested by an employee of an institution of higher educations to assist, in the recruitment of an amateur intercollegiate athlete. The term conference means any organization or association that— has as members 2 or more institutions of higher education; arranges championships and sets rules for amateur intercollegiate athletic 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 an institution of higher education applying the same standards, policies, and procedures for all students. The term covered compensation means any remuneration, in cash or in kind and regardless of the date on which the remuneration is provided, to an amateur intercollegiate athlete. The term covered compensation does not include the payment or provision of any of the following— grants-in-aid; Federal Pell Grants and other State or Federal grants unrelated and not awarded with regard to participation in amateur intercollegiate athletic events; health insurance and costs of health care, including health insurance and health care costs wholly or partly self-funded by an institution of higher education or a national amateur athletic association; disability and loss of value insurance, including disability and loss of value insurance that is wholly or partly self-funded by an institution of higher education or a national amateur athletic association; career counseling, job placement services, and other guidance available to all students at an institution of higher education; and payment of hourly wages and benefits for work actually performed (and not for participation in amateur intercollegiate athletic event) at a rate commensurate with the going rate in the locality of an institution of higher education for similar work. The term endorsement contract has the meaning given the term in section 2 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 ). The term former intercollegiate athlete means an amateur intercollegiate athlete who is no longer eligible to participate in amateur intercollegiate athletic competition. The term grant-in-aid — means a scholarship, grant, stipend, 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 of higher education to a student for the student's undergraduate or graduate course of study; and is in an amount that does not exceed the cost of attendance for such student at the institution; and does not include covered compensation paid to an individual who is an amateur intercollegiate athlete or a former amateur intercollegiate athlete. The term image , with respect to an amateur intercollegiate athlete, means a photograph, video, or computer-generated representation that identifies, is linked to, or is reasonably linkable to the athlete. The term institution of higher education has the meaning given the term under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term likeness means— with respect to an amateur intercollegiate athlete of a sport for which the athlete has a jersey number, the jersey number associated with the athlete and the sport in which the athlete participates at a particular institution of higher education during the period of the participation of the athlete in the sport at the institution of higher education, if the jersey number is accompanied by— a logo or color scheme that is clearly associated with the institution of higher education; or some other means by which the jersey number is clearly associated with the particular athlete; and with respect to any amateur intercollegiate athlete— the uniquely identifiable voice or catch phrase of the athlete; or any other trademark that identifies or distinguishes the athlete. The term name , with respect to an amateur intercollegiate athlete, means— a combination of a first and last or family name that identifies the athlete; a last or family name that identifies the athlete; or a unique nickname that identifies the athlete. The term national amateur athletic association means a not-for-profit corporation, an association, or any other group organized in the United States that— sponsors or arranges amateur intercollegiate athletic competition between institutions of higher education; and sets common rules, standards, procedures, or guidelines for the administration of amateur intercollegiate athletic competition at institutions of higher education. The term national amateur athletic association includes— the National Collegiate Athletic Association; and each division and member conference of the National Collegiate Athletic Association, or of any other national amateur athletic association, separately and collectively. The term third party means an individual or entity that— is not an athletics department or an athletics booster of an institution of higher education; and is unaffiliated with an athletics department or an athletics booster of an institution of higher education. With respect to 2 or more individuals or entities, the term unaffiliated means that the individuals or entities do not share interrelated operations, common management, centralized control of labor relations, or common ownership or financial control.
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