No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4948 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Innovation, Data, and Commerce.
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