Sec. 2. Definitions
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/bill/117/s/4855/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 athletic association means any organization or other group that— has 2 or more conferences as members; and arranges, sets rules for, or regulates varsity intercollegiate sports competition. The term athletic department means a department at an institution responsible for sponsoring 1 or more varsity intercollegiate athletic programs. The term appropriate committees of Congress means— the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate; and the Committee on Energy and Commerce and the Committee on Education and Labor of the House of Representatives.
With respect to an institution, the term booster means— an individual or entity that, directly or indirectly, through any other individual or entity or in any other manner— 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 Commission; 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 Commission; 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 amount; has made any combination of such financial donations, contributions, expenditures, or payments in connection with an activity described in any of clauses
(i)through (iii), 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 the institution to assist, in the recruitment of a prospective student athlete; and includes any entity, group or collective, including any tax-exempt or nonprofit entity, that is controlled by, or receives or has received 25 percent or more of its funding or assets from, 1 or more individuals or entities described in subparagraph
(A)of the institution. 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 )), a contract advisor, a financial advisor, a marketing representative, a brand manager, or a similarly employed individual who is certified by the Commission as being in full compliance with all requirements established by the Commission— to represent a student athlete in a name, image, and likeness agreement; to provide consulting services to a student athlete with respect to a name, image, and likeness agreement; or to recruit or solicit, directly or indirectly, a student athlete— to engage in an activity described in subparagraph
(A)or (B); or to represent or attempt to represent a student athlete for the purpose of marketing the name, image, or likeness of the student athlete. The term Chair means the Chair of the Federal Trade Commission. The term Commission means the Federal Trade Commission. The term conference means any organization that— is not an athletic association; has 2 or more institutions as members; and arranges championships, sets rules for, or regulates 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 an institution by applying the same standards, policies, and procedures for all students at such institution. With respect to a name, image, and likeness agreement, the term covered compensation means any payment, remuneration, or benefit, including cash, awards, gifts, and in-kind contributions, that— is provided by a third party to a student athlete; is commensurate with the market value for the activity carried out under the name, image, and likeness agreement; and is not, or is not intended to be, a recruiting inducement or compensation for participation in a varsity intercollegiate sport. The term covered compensation does not include grant-in-aid. The term grant-in-aid means— 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 athletic association, a conference, or an institution; disability and loss of value insurance that is wholly or partly self-funded by an athletic association, a conference, or an institution; career counseling or job placement services available to all students at an institution; or payment of hourly wages and benefits for work actually performed (and not for participation in a varsity intercollegiate athletic program) at a rate commensurate with the prevailing rate in the locality of an institution for similar work. The term image , with respect to a student athlete, means a photograph, video, or computer-generated representation that identifies, is linked to, or is reasonably linkable to 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 )). The term likeness , with respect to a student athlete, means— with respect to a student athlete of a sport for which the student athlete has a jersey number, 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 institution, if the jersey number is accompanied by— a logo or color scheme that is clearly associated with the institution; or some other means by which the jersey number is associated with the particular student athlete; and with respect to any student athlete— the uniquely identifiable voice, catch phrase, or nickname of the student athlete; or any other mark that identifies or distinguishes 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, the nickname, 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 particularity. The term name, image, and likeness agreement means a contract or similar arrangement between a student athlete and a third party regarding the commercial use of the name, image, or likeness of the student athlete in exchange for covered compensation. The term prospective student athlete means an individual attending an elementary school or a secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) who participates in a sport program. 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 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 institution. The term third party means an individual or entity that is not— an institution; an athletic department; an organization or a foundation that provides financial support to an institution or athletic department; a conference; an athletic association; a certified agent; or an employee of any such individual or entity. The term varsity intercollegiate athletic program means a sport played at the intercollegiate level, administered by an athletic department, for which eligibility requirements for participation by student athletes are established by an athletic association. The term varsity intercollegiate sports competition means a competition involving 2 or more varsity intercollegiate athletic programs sponsored by different institutions.
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