Sec. 2. Definitions
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In this Act: The term athletic department means a department at an institution of higher education responsible for overseeing 1 or more athletic programs and related staff. The term athletic program means a program for a particular intercollegiate sport at an institution of higher education. The term athletic reputation means— with respect to a college athlete, the recognition or fame of the college athlete relating to the intercollegiate athletic ability, standing, participation, or performance of the college athlete; and with respect to an institution of higher education, the recognition or fame the institution of higher education garners from the athletic programs of the institution of higher education.
The term college athlete — means— an enrolled college athlete; and a former college athlete; and includes a nonimmigrant described in subparagraph
(F)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) who is present in the United States pursuant to a valid, unexpired visa issued under that subparagraph. The term college athlete 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 in accordance with the standards established under section 11(d)(1). The term Commission means the Commission on College Athletics established by section 11(a). The term conference means a group or an association of athletic programs that play competitively against each other. 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 payment, remuneration, or benefit provided by a third party to a college athlete; and does not include the payment or provision of a grant-in-aid. The term endorsement contract means an agreement for the commercial use of a college athlete’s name, image, likeness, or athletic reputation, in exchange for covered compensation. The term enrolled college athlete means an individual who— has been accepted to an institution of higher education and intends to participate in an intercollegiate sport for the institution of higher education; or is enrolled in an institution of higher education; and participates or participated in an intercollegiate sport for the institution of higher education. The term former college athlete means an individual who participated in an intercollegiate sport for an institution of higher education but is no longer enrolled in an institution of higher education. The term Fund means the medical trust fund established under section 5(b). The term grant-in-aid — means a scholarship, grant, 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 of higher education; and does not include covered compensation. The term image , with respect to a college athlete, means a photograph, video, or computer-generated representation that— identifies, is linked to, or is reasonably linkable to the college athlete; and relates to the intercollegiate athletic ability, standing, participation, or performance of the college athlete. The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). The term intercollegiate athletic association means any association, conference, or other group or organization, including the National Collegiate Athletic Association, that— exercises authority over intercollegiate athletics; and is engaged in commerce or in any industry or activity affecting commerce. The term likeness means— with respect to a college athlete of a sport for which the college athlete has a jersey number, the jersey number associated with the college athlete and the sport in which the college athlete participates at a particular institution of higher education during the period of the participation of the college 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 college athlete; and with respect to any college athlete, the uniquely identifiable voice, physical characteristics, catch phrase, or nickname of the college athlete, and any other trademark that identifies or distinguishes the college athlete, as such voice, catch phrase, nickname, and trademark relate to the intercollegiate athletic ability, standing, participation, or performance of the college athlete. The term name , with respect to a college athlete, means the first name and last or family name that identifies the college athlete, a nickname or a preferred name of the college athlete, and a name that the college athlete uses to identify the college athlete, as such names and nicknames relate to the intercollegiate athletic ability, standing, participation, or performance of the college athlete. The term prospective college athlete means an individual— who has remaining intercollegiate athletics eligibility; with whom an athletic program has communicated with respect to intercollegiate sports participation; and who has not signed an agreement to join such athletic program. The term third party means an individual or entity other than an institution of higher education, a conference, or an intercollegiate athletic association. The term Title IX means title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ).
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