[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4948 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4948

 To establish name, image, and likeness rights for college athletes at 
       institutions of higher education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2023

  Mrs. Trahan (for herself and Ms. Clarke of New York) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish name, image, and likeness rights for college athletes at 
       institutions of higher education, 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 ``College Athlete Economic Freedom 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Athlete agent.--The term ``athlete agent'' has the 
        meaning given the term in section 2 of the Sports Agent 
        Responsibility and Trust Act (15 U.S.C. 7801).
            (2) Collective representative.--The term ``collective 
        representative''--
                    (A) means an individual or organization that 
                represents a group of college athletes or prospective 
                college athletes to negotiate contracts for the use of 
                the names, images, or likenesses of such athletes or 
                group of athletes; and
                    (B) includes--
                            (i) legal representatives;
                            (ii) athlete agents; and
                            (iii) players' associations.
            (3) College athlete.--The term ``college athlete'' means an 
        individual who participates in or is eligible to participate in 
        an intercollegiate sport for an institution of higher 
        education.
            (4) Compensation.--The term ``compensation'' means any 
        payment, remuneration, or benefit provided to a college athlete 
        or prospective college athlete in exchange for the use of the 
        name, image, or likeness of the college athlete or prospective 
        college athlete.
            (5) Grant-in-aid.--The term ``grant-in-aid'' means a 
        scholarship, grant, or other form of financial assistance that 
        is provided by an institution of higher education to a college 
        athlete for the college athlete's undergraduate or graduate 
        course of study.
            (6) Image.--The term ``image'', with respect to a college 
        athlete or prospective college athlete, means any photograph, 
        video, or computer-generated representation that reasonably 
        identifies the college athlete or prospective college athlete.
            (7) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001 et seq.).
            (8) Institutional name, image, and likeness collective.--
        The term ``institutional name, image, and likeness collective'' 
        means any entity that is--
                    (A) either--
                            (i) subject to the Federal Trade Commission 
                        Act (15 U.S.C. 41 et seq.); or
                            (ii) an organization not organized to carry 
                        on business for its own profit or the profit of 
                        its members; and
                    (B) with respect to college athletes enrolled at, 
                or prospective college athletes for, an institution of 
                higher education or a limited group of institutions of 
                higher education, supports the athletic interests of 
                such institutions of higher education by--
                            (i) accepting contributions for the purpose 
                        of entering into or funding name, image, or 
                        likeness agreements with such college athletes; 
                        or
                            (ii) arranging for such college athletes to 
                        be paid by third parties for the commercial use 
                        of their names, images, or likenesses.
            (9) Intercollegiate athletic association.--The term 
        ``intercollegiate athletic association'' means any association, 
        conference, or other group or organization that--
                    (A) exercises authority over intercollegiate 
                athletics and the recruitment of college athletes or 
                prospective college athletes; and
                    (B) is engaged in interstate commerce or in any 
                industry or activity affecting interstate commerce.
            (10) International college athlete.--The term 
        ``international college athlete'' means an alien (as defined in 
        section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a))) lawfully present in the United States in the status 
        of a nonimmigrant described in subparagraph (F)(ii) of section 
        101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)) who participates in or is eligible to participate 
        in an intercollegiate sport for an institution of higher 
        education.
            (11) Likeness.--The term ``likeness'', with respect to a 
        college athlete or prospective college athlete, means the 
        uniquely identifiable voice, catch phrase, or any other mark 
        that when used in a context that reasonably identifies the 
        college athlete or prospective college athlete.
            (12) Name.--The term ``name'', with respect to a college 
        athlete or prospective college athlete, means the first or last 
        name, or a nickname, of the college athlete or prospective 
        college athlete when used in a context that reasonably 
        identifies the college athlete or prospective college athlete.
            (13) Prospective college athlete.--The term ``prospective 
        college athlete'' means an individual who--
                    (A) has not enrolled at an institution of higher 
                education; and
                    (B) may be recruited by an institution of higher 
                education.
            (14) Third party.--The term ``third party'' means an 
        individual or entity other than an institution of higher 
        education or an intercollegiate athletic association.

SEC. 3. ATHLETE RIGHTS TO MARKET NAME, IMAGE, AND LIKENESS.

    (a) Right To Market Use of Name, Image, and Likeness.--
            (1) In general.--An institution of higher education or 
        intercollegiate athletic association may not enact or enforce 
        any rule, requirement, standard, or other limitation that 
        prevents college athletes or prospective college athletes, 
        individually or as a group, from marketing the use of their 
        names, images, or likenesses.
            (2) Collusion.--An institution of higher education may not 
        coordinate with any other institution of higher education or 
        third party to impose a limitation on the amount of payment 
        offered to a college athlete, prospective college athlete, or 
        group of college athletes or prospective college athletes under 
        a contract for the use of the name, image, or likeness of the 
        college athlete, prospective college athlete, or group of 
        college athletes or prospective college athletes, unless such a 
        limitation is the result of negotiations with a collective 
        representative.
            (3) Right to collective representation.--An institution of 
        higher education or intercollegiate athletic association may 
        not enact or enforce any rule, requirement, standard, or other 
        limitation, or engage in conduct that prevents college athletes 
        from forming or recognizing, or interferes with such formation 
        or recognition of, a collective representative--
                    (A) to facilitate contracts for the use of the 
                name, image, or likeness of college athletes, or group 
                licensing agreements; or
                    (B) to provide representation for college athletes.
            (4) Group licensing.--
                    (A) In general.--An institution of higher education 
                or intercollegiate athletic association may not use the 
                name, image, or likeness of any group of college 
                athletes for any type of promotion, including a media 
                rights agreement, unless the institution of higher 
                education or intercollegiate athletic association 
                obtains a license from the group for that purpose.
                    (B) Notification.--An institution of higher 
                education or intercollegiate athletic association 
                seeking a license described in subparagraph (A) shall 
                notify the group of college athletes concerned with 
                respect to--
                            (i) the manner in which the name, image, or 
                        likeness of the group will be used under the 
                        license; and
                            (ii) the amount of revenue the institution 
                        of higher education or intercollegiate athletic 
                        association will receive in connection with any 
                        type of promotion, including a media rights 
                        agreement and any other revenue source, based 
                        on the use of the name, image, or likeness of 
                        the group.
            (5) Grants-in-aid.--Receipt of compensation for the use of 
        the name, image, or likeness of a college athlete or 
        prospective college athlete shall not adversely affect--
                    (A) the eligibility or opportunity of a college 
                athlete or prospective college athlete to apply for a 
                grant-in-aid; or
                    (B) the amount, duration, or renewal of the grant-
                in-aid of a college athlete or prospective college 
                athlete.
    (b) Equitable Institutional Support.--
            (1) In general.--An institution of higher education, an 
        intercollegiate athletic association, or a party affiliated 
        with an institution of higher education or an intercollegiate 
        athletic association that provides direct or indirect support 
        to college athletes with respect to the marketing of their 
        names, images, or likenesses shall make such support available 
        and accessible to all college athletes in the applicable 
        athletic program, regardless of gender, race, or participating 
        sport.
            (2) Institutional name, image, and likeness collectives.--
        Each institutional name, image, and likeness collective--
                    (A) shall--
                            (i) for purposes of paragraph (1), be 
                        considered to be affiliated with each 
                        institution of higher education that the 
                        collective supports the athletic interests of;
                            (ii) register with the Federal Trade 
                        Commission as an institutional name, image, and 
                        likeness collective, including by identifying 
                        the institutions of higher education with which 
                        the collective affiliates;
                            (iii) maintain, with respect to college 
                        athletes enrolled at each affiliated 
                        institution of higher education--
                                    (I) the number of name, image, or 
                                likeness agreements facilitated by the 
                                collective, disaggregated by gender, 
                                race, and participating sport;
                                    (II) the total monetary value of 
                                name, image, or likeness agreements 
                                facilitated by the collective, 
                                disaggregated by gender, race, and 
                                participating sport; and
                                    (III) the number of college 
                                athletes or prospective college 
                                athletes assisted by the collective, 
                                disaggregated by gender, race, and 
                                participating sport; and
                            (iv) by September 1 of each year, submit to 
                        the Federal Trade Commission a report 
                        containing the information described in 
                        subclauses (I) through (III) of clause (iii), 
                        corresponding to the time period between July 1 
                        of the previous year and June 30 of that year; 
                        and
                    (B) shall not discriminate, on the basis of gender, 
                race, or participating sport, in the facilitation of 
                name, image, or likeness agreements for college 
                athletes in the athletic program of or prospective 
                college athletes for any particular institution of 
                higher education.
            (3) Determinations under title ix.--For purposes of 
        determinations about discrimination on the basis of sex under 
        title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
        seq.), the support of an institution of higher education or 
        intercollegiate athletic association related to athletes' 
        names, images, or likenesses shall be considered, including how 
        an institution of higher education or intercollegiate athletic 
        association promotes sports predominantly comprised of women 
        relative to men.
    (c) Right to Representation.--
            (1) Ability for college athletes to retain 
        representation.--An institution of higher education or 
        intercollegiate athletic association may not prevent a college 
        athlete or prospective college athlete from fully participating 
        in intercollegiate athletics based on the college athlete or 
        prospective college athlete having obtained professional 
        representation with respect to a contract or legal matter, 
        including--
                    (A) representation provided by an athlete agent, 
                financial advisor, or collective representative; and
                    (B) legal representation provided by an attorney.
            (2) Prohibitions on the regulation of representation.--An 
        institution of higher education or intercollegiate athletic 
        association may not regulate the legal, financial, or agency 
        representation of college athletes and prospective college 
        athletes with respect to the marketing of their names, images, 
        or likenesses, including the certification of such legal, 
        financial, or agency representation.
    (d) Prohibition on Waiver.--
            (1) In general.--Except as provided in paragraph (2), a 
        college athlete, prospective college athlete, institution of 
        higher education, intercollegiate athletic association, or any 
        other person may not enter into any agreement or a legal 
        settlement that waives or permits noncompliance with this Act.
            (2) Exception.--An institution of higher education or 
        intercollegiate athletic association may restrict the 
        commercial use of the name, image, or likeness of college 
        athletes if such a restriction is part of a collective 
        bargaining agreement between the institution of higher 
        education or intercollegiate athletic association and college 
        athletes.

SEC. 4. GRANTS FOR ANALYZING NAME, IMAGE, LIKENESS, AND ATHLETIC 
              REPUTATION MONETIZATION.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a business in the United States;
                    (B) a public or private education and research 
                organization in the United States; or
                    (C) a consortium of entities described in 
                subparagraph (A) or (B).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
    (b) Grants Authorized.--Annually, the Secretary may award a grant 
to, or enter into a contract or a cooperative agreement with, an 
eligible entity for the purpose of conducting a market analysis of the 
monetization of the rights granted to college athletes and prospective 
college athletes under this Act during the 1-year period preceding the 
date on which the analysis is completed.
    (c) Requirements.--An eligible entity that receives a grant or 
enters into a contract or cooperative agreement to conduct an analysis 
under subsection (b) shall--
            (1) make the analysis and information relating to the 
        analysis publicly available, including--
                    (A) the surveys and interviews the eligible entity 
                conducted during the course of the analysis; and
                    (B) estimates of the compensation received by 
                college athletes and prospective college athletes 
                during the 1-year period preceding the date on which 
                the analysis is completed as a result of the 
                monetization of the names, images, and likenesses of 
                those college athletes and prospective college 
                athletes, separated by--
                            (i) gender;
                            (ii) race; and
                            (iii) sport; and
            (2) provide recommendations to the Secretary to address any 
        disparity among estimates based on the factors described in 
        clauses (i), (ii), and (iii) of paragraph (1)(B).
    (d) Public Availability of Recommendations.--The Secretary shall 
make any recommendations received under subsection (c)(2) publicly 
available.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.

SEC. 5. INTERNATIONAL COLLEGE ATHLETES.

    (a) Eligibility for F Visas.--Section 101(a)(15)(F) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended 
by--
            (1) by striking ``(i) an alien having'' and inserting 
        ``(i)(I) an alien having'';
            (2) by redesignating clauses (ii) and (iii) as subclauses 
        (II) and (III), respectively;
            (3) by striking the semicolon and inserting ``; or''; and
            (4) by adding at the end the following:
            ``(ii) an alien having a residence in a foreign country 
        which he has no intention of abandoning, who is a bona fide 
        college athlete (as defined in section 2 of the College Athlete 
        Economic Freedom Act) qualified to pursue a full course of 
        study and who seeks to enter the United States temporarily and 
        for the purpose of pursuing a course of study at an established 
        college, university, or other academic institution while also 
        participating in intercollegiate athletics, which institution 
        or place of study shall have agreed to report to the Secretary 
        of Homeland Security the termination of attendance of each 
        nonimmigrant student, and if any such institution of learning 
        or place of study fails to make reports promptly the approval 
        shall be withdrawn;''.
    (b) Name, Image, and Likeness Activities by International College 
Athletes.--Section 212(a)(5)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following:
                            ``(v) International college athletes.--
                        Notwithstanding clause (i), an alien who seeks 
                        admission to the United States to compete in 
                        intercollegiate athletics as an international 
                        college athlete nonimmigrant described in 
                        subparagraph (F)(ii) of section 101(a)(15) 
                        shall not be inadmissible for having 
                        participated or engaged in activities described 
                        in section 3 of the College Athlete Economic 
                        Freedom Act (relating to the marketing of the 
                        name, image, or likeness of the alien), 
                        individually or as a member of a group of 
                        athletes, and such activities shall not 
                        constitute a violation of or failure to 
                        maintain such nonimmigrant status.''.
    (c) Employment Authorization for Name, Image, and Likeness 
Activity.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end the following:
    ``(s) International College Athletes.--In the case of an 
international college athlete nonimmigrant described in section 
101(a)(15)(F)(ii) who participates in intercollegiate athletics, the 
Secretary of Homeland Security shall--
            ``(1) authorize the alien, incident to status, to engage in 
        employment activities described in section 3 of the College 
        Athlete Economic Freedom Act (relating to the marketing of the 
        nonimmigrant's name, image, or likeness of the nonimmigrant), 
        individually or as a member of a group of athletes, in the 
        United States during the period of authorized admission; and
            ``(2) provide the international college athlete 
        nonimmigrant with an `employment authorized' endorsement or 
        other appropriate document signifying authorization of 
        employment.''.
    (d) Employee Status of College Athletes.--In the event that any 
Federal or State court of competent jurisdiction or any government 
agency declares college athletes to be employees of an institution of 
higher education or intercollegiate athletic association--
            (1) participation in intercollegiate athletics shall not 
        violate or be considered to be a violation of or a failure to 
        maintain nonimmigrant status described in subparagraph (F)(ii) 
        of section 101(a)(15) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)); and
            (2) international college athletes admitted to the United 
        States pursuant to visas issued under that subparagraph may be 
        paid for their participation in college athletics in the same 
        manner as other college athletes are paid.
    (e) Evidence of Employment Eligibility.--Endorsement of the Form I-
20 (Certificate of Eligibility for Nonimmigrant Student Status) of an 
international college athlete by a designated school official for name, 
image, or likeness activities described in section 3 shall serve as 
evidence of eligibility for employment in the United States.

SEC. 6. 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 the 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) Private Right of Action.--
            (1) In general.--An individual who is aggrieved by a 
        violation of section 3 may bring a civil action in an 
        appropriate Federal district court of competent jurisdiction.
            (2) Damages; costs and attorney's fees.--A court may award 
        to a prevailing party in a civil action brought under paragraph 
        (1)--
                    (A) actual damages sustained by the party as a 
                result of the violation that is the subject of the 
                action; and
                    (B) the costs of the action and reasonable 
                attorney's fees.
    (c) Sherman Act.--A violation of this Act shall be deemed to be a 
per se violation of the Sherman Act (15 U.S.C. 1 et seq.) and subject 
to all remedies and rights afforded under that Act.

SEC. 7. STATE PREEMPTION.

    (a) In General.--A State may not enforce a State law relating to 
the ability of college athletes to enter into contracts with third 
parties for the use of their names, images, or likenesses pursuant to 
this Act.
    (b) Exception for the Certification of Athlete Agents.--A State may 
enforce a State law or regulation relating to the certification of 
athlete agents under the Sports Agent Responsibility and Trust Act (15 
U.S.C. 7801 et seq.).

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act shall affect the treatment of qualified 
scholarships under section 117 of the Internal Revenue Code of 1986.
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