Sec. 2. Definitions
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In this Act: The term compensation — means any form of payment or remuneration, whether provided through cash, benefits, awards, or other means, including payments for— licenses relating to, or the use of, name, image, and likeness rights; or licenses relating to, or the use of, any other Federal or State intellectual or intangible property right; and does not include— grants-in-aid; Federal Pell Grants and other Federal or State grants unrelated to and not awarded with regard to participation in intercollegiate athletic competitions; health insurance and payments for the costs of health care, including health insurance and payments for the costs of health care wholly or partly self-funded by an institution, conference, or interstate intercollegiate 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, conference, or interstate intercollegiate athletic association; career counseling, job placement services, and other guidance available to all students at an institution; payment of hourly wages and benefits for work actually performed (and not for participation in intercollegiate athletic competitions) at a rate commensurate with the going rate in the relevant locality for similar work; or any program to connect student athletes with employers and facilitate employment opportunities, if— the financial terms of such employment opportunities are consistent with the terms offered to similarly situated individuals who are not student athletes; and such program is not used to induce a student athlete to attend a particular institution.
The term conference means an entity that— exclusively has as members 2 or more institutions; and arranges championships and sets rules with respect to intercollegiate athletic competitions for members. The term cost of attendance — has the meaning given such term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ); and is calculated by the financial aid office of an institution using the same standards, policies, and procedures for all students. 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 to a student for the undergraduate or graduate course of study of the student; and is in an amount that does not exceed the cost of attendance for such student at the institution.
The term image means, with respect to a student athlete, a picture or video that identifies, is linked to, or is reasonably linked to such student athlete. The term institution has the meaning given the term institution of higher education in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term intercollegiate athletic competition means any contest, game, meet, match, tournament, regatta, or other event in which varsity sports teams of more than 1 institution compete.
The term interstate intercollegiate athletic association means— any entity organized in the United States that— sponsors or arranges intercollegiate athletic competitions between institutions and conferences; sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competitions; and is composed of 2 or more conferences with member institutions located in more than 1 State; and does not include an entity affiliated with professional athletic competitions.
The term likeness means, with respect to a student athlete, a physical or digital depiction or representation that identifies, is linked to, or is reasonably linked to such student athlete. The term name means, with respect to a student athlete, the first or last name, or the nickname, of such student athlete if used in a context that identifies, is linked to, or is reasonably linked to such student athlete. The term name, image, and likeness agreement means a contract or similar agreement between a student athlete and a third party regarding the commercial use of the name, image, or likeness of the student athlete.
The term name, image, and likeness rights means rights recognized under Federal or State law that allow an individual to control and profit from the commercial use of the name, image, and likeness of such individual, including all rights commonly referred to as publicity rights . The term NIL representation — means representation of a student athlete by an individual or entity with respect to a name, image, and likeness agreement; and does not include such representation if carried out by an immediate family member of the student athlete.
The term student athlete means an individual who— is enrolled at an institution; and participates in a varsity sports team of such institution. The term third party — means any individual or entity that licenses name, image, and likeness rights from any current or prospective student athlete or any group of such athletes; and does not include an institution, conference, or interstate intercollegiate athletic association. The term varsity sports team means an entity composed of an individual or group of individuals enrolled at an institution that is organized by such institution for the purpose of participation in intercollegiate athletic competitions.
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