Sec. 2. Definitions
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In this Act: The term agent means an athlete agent (as defined in section 2 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 )). The term athletic department means a department at an institution of higher education that sponsors or conducts 1 or more varsity intercollegiate athletics programs in which student athletes enrolled at the institution of higher education compete in athletic contests against student athletes enrolled at another institution of higher education.
The term booster means any individual or entity that has— provided a donation— to an institution of higher education to obtain season tickets for any sport; or to support the athletics program at an institution of higher education; participated in or has been a member of an organization promoting in any way the varsity intercollegiate athletics programs of an institution of higher education; or made a financial contribution to the athletic department, athletics foundation, collective, or booster organization affiliated with an institution of higher education.
The term compensation — means any monetary or in-kind payment to a student athlete; and does not include— grant-in-aid; funds from any student assistance fund or academic enhancement fund affiliated with an institution of higher education that are available and distributed without regard to athletic ability for the purposes of assisting student athletes in meeting their financial needs, improving the welfare of student athletes, providing academic support for student athletes, or recognizing the academic achievement of student athletes, including by providing— postgraduate scholarships; school supplies; benefits, such as travel expenses for student athletes, clothing, and magazine subscriptions; or payments incidental to athletics participation, such as the National Collegiate Athletic Association cost-of-attendance stipend; awards for participation or achievement in intercollegiate athletics, such as qualifying for a bowl game, or payments for performance in the Olympics; awards for future educational opportunities; premiums paid on behalf of a student athlete for loss-of-value insurance or disability insurance; or travel funds for members of a student athlete’s immediate family to attend sporting events of the student athlete.
The term conference means an organization that— has as members 2 or more institutions of higher education; arranges or conducts season-long intercollegiate athletic events to determine, among its members, a champion in a particular intercollegiate sport; and sets rules for varsity intercollegiate sports competition among its members. The term grant-in-aid means— tuition, room, board, books, fees, and personal expenses paid or provided by an institution of higher education 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 the National Collegiate Athletic Association, a conference, or an institution of higher education; disability and loss of value insurance that is wholly or partly self-funded by the National Collegiate Athletic Association, a conference, or an institution of higher education; and career counseling or job placement services available to all students at an institution of higher education.
With respect to a student athlete, the term immediate family means the 1 or more parents, guardians, siblings, aunts, uncles, and grandparents of the student athlete. The term institution of higher education 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 name, image, or likeness means a symbol, word, given name, surname, nickname, design, or image (such as a photograph or video) that readily identifies a student athlete.
The term name, image, or likeness contract means an agreement under which a student athlete receives compensation from a third party for the use of the publicity received by, or the reputation, following, or fame of, the student athlete. The term National Collegiate Athletic Association means the National Collegiate Athletic Association that functions as an authority for intercollegiate athletics in the United States (or a successor organization). The term prospective student athlete means an individual who— is attending, and has not yet graduated from, 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 )); and participates in a sports program.
The term student athlete means an individual who engages or is eligible to engage in intercollegiate athletics. The term third party means— a person, other than an institution of higher education or a student athlete, that— offers, solicits, or enters into a name, image, or likeness contract; or offers or provides name, image, or likeness compensation; an entity that is affiliated with an institution of higher education, yet operates independently of the institution of higher education, that generates funding to support opportunities for student athletes to enter into name, image, or likeness contracts; or an entity that is, refers to itself as, or is colloquially referred to as, a collective.
The term transfer portal means a process managed by the National Collegiate Athletic Association that facilitates the transfer of student athletes from one institution of higher education to another institution of higher education for the purpose of engaging, or being able to engage in the future, in intercollegiate athletics. The term varsity intercollegiate athletics 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 the National Collegiate Athletic Association or a conference.
The term varsity intercollegiate sports competition means a competition— between or among student athletes; and involving 2 or more varsity intercollegiate athletics programs sponsored by different institutions of higher education.
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