[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4004 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4004

    To ensure that college athletes, and not institutions of higher 
education, are able to profit from their name, image, and likeness, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2020

   Mr. Rubio introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To ensure that college athletes, and not institutions of higher 
education, are able to profit from their name, image, and likeness, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Collegiate Athletics 
Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Compensation.--The term ``compensation'' means any 
        remuneration, in cash or kind, whether provided at the time or 
        at any subsequent date to a student athlete, except such term 
        shall not include any grant, scholarship, fellowship, tuition 
        assistance, or other form of financial aid provided to a 
        student for pursuing a postsecondary education.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (4) Intercollegiate athletic association.--The term 
        ``intercollegiate athletic association''--
                    (A) means--
                            (i) the National Collegiate Athletic 
                        Association (or any successor organization); 
                        and
                            (ii) any intercollegiate athletic 
                        association that the Commission determines is 
                        similar in purpose and scope to the association 
                        described in clause (i), subject to 
                        subparagraph (B); and
                    (B) does not include the National Junior College 
                Athletic Association (or any successor organization) or 
                the National Association of Intercollegiate Athletics 
                (or any successor organization).
            (5) Student athlete.--The term ``student athlete'' means an 
        individual who is enrolled in an institution of higher 
        education and engages in postsecondary athletics.
            (6) Third party.--The term ``third party'' means, with 
        respect to any student athlete, any entity other than the 
        institution of higher education in which such student athlete 
        is enrolled.

SEC. 3. ESTABLISHMENT OF RULES FOR PAYMENT OF STUDENT ATHLETES.

    Not later than June 30, 2021, any intercollegiate athletic 
association shall establish--
            (1) a policy that permits any student athlete to--
                    (A) earn compensation from a third party as a 
                result of the use of the name, image, or likeness of 
                such student athlete; and
                    (B) subject to the requirements under section 3 of 
                the Sports Agent Responsibility and Trust Act (15 
                U.S.C. 7802), obtain professional representation with 
                respect to matters described in subparagraph (A); and
            (2) rules and programs for the administration of the policy 
        described in paragraph (1), including--
                    (A) requiring student athletes to report any 
                compensation described in such paragraph, or any 
                agreement to receive such compensation, to the 
                institution of higher education in which they are 
                enrolled and the intercollegiate athletic association 
                within a reasonable period following--
                            (i) the date on which an agreement to 
                        receive such compensation is reached between 
                        the student athlete and the third party; and
                            (ii) the date on which such compensation is 
                        received by the student athlete; and
                    (B) such rules and programs as are deemed necessary 
                to--
                            (i) preserve the amateur status of student 
                        athletes;
                            (ii) ensure appropriate recruitment of 
                        prospective student athletes; and
                            (iii) prevent illegitimate activity with 
                        respect to any third party seeking to recruit 
                        or retain student athletes with respect to any 
                        institution of higher education, including any 
                        third party--
                                    (I) with a prior or existing 
                                association, either formally or 
                                informally, with any institution of 
                                higher education; or
                                    (II) with a prior or existing 
                                financial involvement with respect to 
                                postsecondary athletics.

SEC. 4. ENFORCEMENT PROVISIONS.

    (a) Unfair or Deceptive Act or Practice.--
            (1) In general.--A violation of section 3 shall be treated 
        as a violation of a rule defining an unfair or deceptive act or 
        practice prescribed under section 18(a)(1)(B) of the Federal 
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Actions by the commission.--The Commission shall 
        enforce section 3 in the same manner, by the same means, and 
        with the same jurisdiction, powers, and duties as though all 
        applicable terms and provisions of the Federal Trade Commission 
        Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
        part of this Act.
            (3) Enforcement related to nonprofit organizations.--
        Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade 
        Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any 
        jurisdictional limitation of the Federal Trade Commission, the 
        Commission shall also enforce this Act and any regulations 
        promulgated under this Act, in the same manner provided in 
        paragraphs (1) and (2) of this subsection, with respect to 
        organizations not organized to carry on business for their own 
        profit or that of their members.
    (b) Exception.--Except as provided under subsection (a), no cause 
of action shall lie or be maintained in any court against any 
intercollegiate athletic association, or any institution of higher 
education which is a member of such association for the adoption or 
enforcement of a policy, rule, or program established under section 3.

SEC. 5. PREEMPTION.

    No State or political subdivision of a State may adopt, maintain, 
enforce, or continue in effect any law, regulation, rule, requirement, 
or standard related to permitting or prohibiting a student athlete to 
receive compensation from an institution of higher education or a third 
party as a result of such athlete's performance or participation in 
postsecondary athletics.
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