Definitions

In this title: (1) Antitrust laws The term antitrust laws has the meaning given that term in the 1st section of the Clayton Act (15 U.S.C. 12) and includes— (A) section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition; and (B) any similar State antitrust law, including a State law provision that applies to covering unfair methods of competition having the force and effect of law. (2) Associated entity The term associated entity means any individual or entity, including a collective, that is— that— (A) is known, or was known, or should have been known, known to exist for or act for the benefit of, in coordination with, or at the direction athletics department staff of an institution to promote exist, in significant part, for the purpose of— (i) promoting or support an institution’s supporting a particular institution's intercollegiate athletics program or student athletes, including by athletes; or (ii) creating or identifying name, image, and likeness compensation opportunities solely for an institution’s a particular institution's student athletes; (B) an individual or entity that is or was a member, employee, director, officer, owner, or agent of an individual or entity described in subparagraph (A); (C) an individual or entity that directly or indirectly (including contributions by an affiliated entity, individual, or family member) has contributed more than $50,000 over their lifetime to a particular institution or to an individual or entity described in subparagraph (A); (D) an individual or entity that has directly or indirectly has— (i) been directed or requested by an institution or third party acting on behalf of, for the benefit of, in coordination with, or at the direction of an institution institution's athletic department staff to assist in the recruitment or retention of student athletes or prospective student athletes, athletes; or (ii) otherwise has assisted in the recruitment or retention of student athletes or prospective student athletes; or (E) an individual or entity is owned, controlled, or operated by, or otherwise affiliated with the individuals or entities described in subparagraph (A). subparagraphs (A) through (D), other than a publicly traded corporation. (3) Athlete agent The term athlete agent has the meaning given that term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801). (4) Collective The term collective — (A) means a person, corporation, booster organization, tax-exempt organization, or other entity that provides donations or other support directly or indirectly to or for the benefit or support of— (i) a student athlete who is enrolled, or who may enroll, at an institution; or (ii) the intercollegiate athletics program or any booster organization of an institution; and (B) does not include— (i) an immediate family member of a student athlete; or (ii) an individual or entity that— (I) licenses trademark rights of an institution; and (II) does not— (aa) license name, image, and likeness rights of student athletes; or (bb) make payments earmarked or designated to fund name, image, or likeness licenses or other payments to student athletes. (5) Compensation The term compensation — (A) means any payment, remuneration, or benefit provided to a student athlete or a prospective student athlete; and (B) does not include— (i) grants-in-aid; (ii) Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) or any other Federal or State grants unrelated to and not awarded with regard to participation in intercollegiate sports; (iii) health insurance and the costs of health care funded by an institution, intercollegiate athletic association, or conference; (iv) disability and loss-of-value insurance, including disability and loss-of-value insurance funded by an institution, intercollegiate athletic association, or conference; (v) career counseling, job placement services, or other guidance available to all students at an institution; (vi) hourly wages and benefits for work performed outside of participating in intercollegiate sports at a rate commensurate with the prevailing rate in the relevant State or locality for similar work; (vii) enhanced education benefits, including academic awards; (viii) financial literacy or tax education resources; or (ix) any program to connect student athletes with employers and facilitate employment opportunities, if— (I) the financial terms of such employment opportunities are consistent with the terms offered to similarly situated employees who are not student athletes; and (II) such program is not used to induce a student athlete to attend a particular institution. (6) Conference The term conference means any organization that is not an intercollegiate athletic association and that— (A) has 2 or more institutions as members; and (B) arranges championships for intercollegiate athletic competitions or sets rules for intercollegiate athletic competition. (7) Cost of attendance The term cost of attendance — (A) has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and (B) shall be calculated by the financial aid office of an institution applying the same standards, policies, and procedures for all students. (8) Grant-in-aid The term grant-in-aid means— (A) 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— (i) is paid or provided by an institution to a student for the undergraduate or graduate education of the student; and (ii) is in an amount that does not exceed the cost of attendance for such student at the institution; and (B) does not include compensation paid to a student athlete. (9) Image With respect to a student athlete, the term image means a picture, video, computer-generated representation, or other depiction that identifies, is linked to, or is reasonably linked to the student athlete. (10) Institution Except as otherwise explicitly provided, the term institution has the meaning given the term institution of higher education under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (11) Intercollegiate athletic association The term intercollegiate athletic association — (A) means any organization, not-for-profit corporation, association, or any other group organized in the United States that— (i) sponsors or arranges intercollegiate athletic competition between institutions; (ii) sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competition; (iii) is composed of 2 or more institutions or conferences that are located in different States or participate in intercollegiate athletic competition in more than 1 State; and (iv) is not a conference; (B) includes— (i) the National Collegiate Athletic Association; and (ii) any other national intercollegiate athletic association; and (C) does not include a corporation, association, or other group affiliated with professional athletic competition. (12) Intercollegiate athletic competition The term intercollegiate athletic competition means any intercollegiate sport contest, game, meet, match, tournament, regatta, or other intercollegiate sport event in which student athletes or varsity sports teams compete. (13) Intercollegiate sport The term intercollegiate sport — (A) means a sport played between institutions for which eligibility requirements for participation by a student athlete are established by an interstate intercollegiate athletic association; and (B) does not include a recreational, intramural, or club sport. (14) Likeness With respect to a student athlete, the term likeness means a physical or digital depiction or representation that identifies, is linked to, or is reasonably linked to the student athlete, including— including — (A) the uniquely identifiable body, physical characteristics, or voice of the student athlete; (B) any other mark that identifies or distinguishes the student athlete; or (C) the jersey number associated with the student athlete during the period of athletic participation by the student athlete at an institution if the jersey number is accompanied by— (i) a logo or color scheme that is clearly associated with the institution; or (ii) some other means by which the jersey number is associated with the student athlete. (15) Name With respect to a student athlete, the term name means the first or last name that identifies the student athlete, a nickname or assumed name of the student athlete, or a username associated with the student athlete on any public-facing internet platform when used in a context that identifies, is linked to, or is reasonably linked to the student athlete. (16) Name, image, and likeness agreement The term name, image, and likeness agreement means a contract or similar agreement between a student athlete (or group of student athletes) and a conference, institution, intercollegiate athletic association, associated entity, collective, or third party regarding the commercial use of the name, image, and likeness rights of the student athlete (or group of student athletes). (17) Name, image, and likeness rights The term name, image, and likeness rights means the ability of a student athlete to market and profit from the commercial use of his or her name, image, or likeness. (18) Prospective student athlete The term prospective student athlete means an individual who is recruited, actively being recruited, or has been contacted for the purposes of recruitment to attend an institution as a student athlete, but has not yet enrolled at the institution. (19) Revenue share cap The term revenue share cap means the Benefits Pool Limit set forth in the Injunctive Relief Settlement Agreement approved by the court in In Re College Athlete NIL Legislation, Litigation, No. 20–cv–03919 (N.D. Cal. June 6, 2025), or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement. (20) Student athlete (A) In general The term student athlete means an individual who is enrolled as a full-time student (as defined in section 668.2 of title 34, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act)) at an institution and who— (A) (i) makes satisfactory academic progress towards (as determined in accordance with section 668.34 of such title 34 (as in effect on the day before the date of the enactment of this Act)) toward completing a degree; and (B) (ii) participates in intercollegiate athletic competition or competes for a varsity sports team as part of the institution’s educational, developmental, or extracurricular programs. (B) Rule of construction Nothing in subparagraph (A)(i) shall be construed to preclude an institution, conference, or intercollegiate athletic association from establishing satisfactory academic progress standards that are more stringent than the requirements described in subparagraph (A)(i), if such standards are required of all student athletes, or in the case of an institution, of all full-time students. (21) Third party The term third party means an individual or entity that is not an institution, associated entity, collective, conference, or intercollegiate athletic association. (22) Valid business purpose The term valid business purpose means a purpose genuinely related to the promotion of goods or services provided to the general public for profit. (23) Varsity sports team The term varsity sports team means a sports team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competition.