[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8304 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8304
To provide for a limitation on liability for certain institutions
regarding limitations on compensation to student athletes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2024
Mr. Fry (for himself, Mr. Moore of Alabama, Mr. Duncan, Mr. Norman, Mr.
Wilson of South Carolina, Mr. Timmons, Mr. Guest, Mr. Nehls, and Mr.
Jordan) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To provide for a limitation on liability for certain institutions
regarding limitations on compensation to student athletes.
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 ``Protect the Benefits for Athletes
and Limit Liability Act of 2024'' or as the ``Protect the BALL Act of
2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``academic stipend'' means a payment made to a
student athlete by (and only by) an institution not exceeding
$5,980 in or attributable to any academic year.
(2) The term ``intercollegiate athletic association'' shall
mean any organization or association with multiple conferences
or institutions as members that arranges championships and sets
rules for national sports competition between Varsity
Intercollegiate Teams.
(3) The term ``compensation'' shall include all forms of
payment and remuneration, in cash, benefits, awards and in any
other form, including payments for licenses of or use of name,
image, and likeness rights or for such other State or Federal
intellectual or intangible property rights as are currently or
may hereafter be recognized judicially or enacted by statute,
but does not include the paying or providing the following to
any student athlete:
(A) Tuition, room, board, books, fees, and personal
expenses paid or provided by an institution up to the
full cost of attending such institution, as defined in
section 437 of the Higher Education Act of 1965, and
calculated by such institution's financial aid office
applying the same standards, policies, and procedures
for all students, including such amounts paid or
provided by such institution for both undergraduate and
graduate studies at such institution.
(B) Pell Grants and other governmental grants
unrelated to participation in varsity intercollegiate
sports competition.
(C) Health insurance and the costs of healthcare,
including health insurance and healthcare costs wholly
or partly self-funded by an Association, Conference, or
institution.
(D) Disability and loss of value insurance,
including disability and loss of value insurance that
is wholly or partly self-funded by an Association,
Conference, or institution.
(E) Career counseling and job placement services
and guidance available to all students at an
institution.
(F) Payment of hourly wages and benefits for work
actually performed (and not for participation in
intercollegiate athletics) at a rate commensurate with
the going rate in the locality of an institution for
similar work.
(G) Programs to connect student athletes with
employers and to facilitate employment opportunities,
provided the financial terms of such employment
opportunities are consistent with those offered to
similarly situated employees who are not student
athletes and that such programs are not used to induce
a student athlete to attend an institution.
(H) Payment of an amount not to exceed the academic
stipend to any scholarship athlete who is enrolled at
such institution during the entire season of
competition for a varsity sport.
(4) The term ``conference'' shall mean any organization or
association with solely institutions as members that arranges
championships and sets rules for sports competition between
varsity intercollegiate teams.
(5) The term ``institution'' shall mean any ``institution
of higher education'' as that term is defined in section 101 of
the Higher Education Act (20 U.S.C. Sec. 1001).
(6) The term ``student athlete'' shall have the same
meaning as in section 2 of the Sports Agent Responsibility and
Trust Act (15 U.S.C. Sec. 7801).
(7) The term ``varsity sports team'' shall mean a sports
team of student athletes organized by an institution to compete
against teams of student athletes organized by other
institutions at the highest and most competitive level of
intercollegiate competition in which student athletes from the
institution compete, and shall not include sports teams
traditionally characterized as intramural or club teams.
(8) 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 his
or her name, image, likeness, and persona, including all rights
commonly referred to as ``publicity rights''.
SEC. 3. IN GENERAL.
An institution, interstate intercollegiate athletic association, or
conference shall not be in violation of any law or regulation, and
shall not be subject to any manner of claim or cause of action, whether
class, individual or otherwise, or any liabilities whatsoever,
including under any Federal or State law for--
(1) the adoption of, agreement to, enforcement of, or
compliance with any rule or bylaw of an interstate
intercollegiate athletic association, conference, or
institution that limits or prohibits a student athlete from
receiving compensation from an interstate intercollegiate
athletic association, conference, institution, or other person
or entity;
(2) restricting the eligibility of a student athlete who
violates a rule of the institution, interstate intercollegiate
athletic association, or conference from participation on a
varsity sports team; or
(3) complying with an agreement, understanding, rule, or
bylaw adopted by an institution, conference, or association (or
a combination of conferences or institutions) that is
reasonably contemplated under Federal law.
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