I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘College Athlete Eco5 nomic Freedom Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ATHLETE AGENT.—The term ‘‘athlete 

2 agent’’ has the meaning given the term in section 2 

3 of the Sports Agent Responsibility and Trust Act 

4 (15 U.S.C. 7801). 

5 (2) COLLECTIVE REPRESENTATIVE.—The term 

6 ‘‘collective representative’’— 

7 (A) means an individual or organization 

8 that represents a group of college athletes or 

9 prospective college athletes to negotiate con10 tracts for the use of the names, images, or 

11 likenesses of such athletes or group of athletes; 

12 and 

13 (B) includes— 

14 (i) legal representatives; 

15 (ii) athlete agents; and 

16 (iii) players’ associations. 

17 (3) COLLEGE ATHLETE.—The term ‘‘college 

18 athlete’’ means an individual who participates in or 

19 is eligible to participate in an intercollegiate sport 

20 for an institution of higher education. 

21 (4) COMPENSATION.—The term ‘‘compensa22 tion’’ means any payment, remuneration, or benefit 

23 provided to a college athlete or prospective college 

24 athlete in exchange for the use of the name, image, 


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1 or likeness of the college athlete or prospective col2 lege athlete. 

3 (5) GRANT-IN-AID.—The term ‘‘grant-in-aid’’ 

4 means a scholarship, grant, or other form of finan5 cial assistance that is provided by an institution of 

6 higher education to a college athlete for the college 

7 athlete’s undergraduate or graduate course of study. 

8 (6) IMAGE.—The term ‘‘image’’, with respect to 

9 a college athlete or prospective college athlete, means 

10 any photograph, video, or computer-generated rep11 resentation that reasonably identifies the college ath12 lete or prospective college athlete. 

13 (7) INSTITUTION OF HIGHER EDUCATION.—The 

14 term ‘‘institution of higher education’’ has the 

15 meaning given the term in section 101 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1001 et seq.). 

17 (8) INSTITUTIONAL NAME, IMAGE, AND LIKE18 NESS COLLECTIVE.—The term ‘‘institutional name, 

19 image, and likeness collective’’ means any entity that 

20 is— 

21 (A) either— 

22 (i) subject to the Federal Trade Com23 mission Act (15 U.S.C. 41 et seq.); or 


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1 (ii) an organization not organized to 

2 carry on business for its own profit or the 

3 profit of its members; and 

4 (B) with respect to college athletes enrolled 

5 at, or prospective college athletes for, an insti6 tution of higher education or a limited group of 

7 institutions of higher education, supports the 

8 athletic interests of such institutions of higher 

9 education by— 

10 (i) accepting contributions for the 

11 purpose of entering into or funding name, 

12 image, or likeness agreements with such 

13 college athletes; or 

14 (ii) arranging for such college athletes 

15 to be paid by third parties for the commer16 cial use of their names, images, or 

17 likenesses. 

18 (9) INTERCOLLEGIATE ATHLETIC ASSOCIA19 TION.—The term ‘‘intercollegiate athletic associa20 tion’’ means any association, conference, or other 

21 group or organization that— 

22 (A) exercises authority over intercollegiate 

23 athletics and the recruitment of college athletes 

24 or prospective college athletes; and 


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1 (B) is engaged in interstate commerce or 

2 in any industry or activity affecting interstate 

3 commerce. 

4 (10) INTERNATIONAL COLLEGE ATHLETE.— 

5 The term ‘‘international college athlete’’ means an 

6 alien (as defined in section 101(a) of the Immigra7 tion and Nationality Act (8 U.S.C. 1101(a))) law8 fully present in the United States in the status of 

9 a nonimmigrant described in subparagraph (F)(ii) of 

10 section 101(a)(15) of the Immigration and Nation11 ality Act (8 U.S.C. 1101(a)(15)) who participates in 

12 or is eligible to participate in an intercollegiate sport 

13 for an institution of higher education. 

14 (11) LIKENESS.—The term ‘‘likeness’’, with re15 spect to a college athlete or prospective college ath16 lete, means the uniquely identifiable voice, catch 

17 phrase, or any other mark that when used in a con18 text that reasonably identifies the college athlete or 

19 prospective college athlete. 

20 (12) NAME.—The term ‘‘name’’, with respect to 

21 a college athlete or prospective college athlete, means 

22 the first or last name, or a nickname, of the college 

23 athlete or prospective college athlete when used in a 

24 context that reasonably identifies the college athlete 

25 or prospective college athlete. 


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1 (13) PROSPECTIVE COLLEGE ATHLETE.—The 

2 term ‘‘prospective college athlete’’ means an indi3 vidual who— 

4 (A) has not enrolled at an institution of 

5 higher education; and 

6 (B) may be recruited by an institution of 

7 higher education. 

8 (14) THIRD PARTY.—The term ‘‘third party’’ 

9 means an individual or entity other than an institu10 tion of higher education or an intercollegiate athletic 

11 association. 

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

13 LIKENESS. 

14 (a) RIGHT TO MARKET USE OF NAME, IMAGE, AND

15 LIKENESS.— 

16 (1) IN GENERAL.—An institution of higher edu17 cation or intercollegiate athletic association may not 

18 enact or enforce any rule, requirement, standard, or 

19 other limitation that prevents college athletes or pro20 spective college athletes, individually or as a group, 

21 from marketing the use of their names, images, or 

22 likenesses. 

23 (2) COLLUSION.—An institution of higher edu24 cation may not coordinate with any other institution 

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1 tation on the amount of payment offered to a college 

2 athlete, prospective college athlete, or group of col3 lege athletes or prospective college athletes under a 

4 contract for the use of the name, image, or likeness 

5 of the college athlete, prospective college athlete, or 

6 group of college athletes or prospective college ath7 letes, unless such a limitation is the result of nego8 tiations with a collective representative. 

9 (3) RIGHT TO COLLECTIVE REPRESENTA10 TION.—An institution of higher education or inter11 collegiate athletic association may not enact or en12 force any rule, requirement, standard, or other limi13 tation, or engage in conduct that prevents college 

14 athletes from forming or recognizing, or interferes 

15 with such formation or recognition of, a collective 

16 representative— 

17 (A) to facilitate contracts for the use of 

18 the name, image, or likeness of college athletes, 

19 or group licensing agreements; or 

20 (B) to provide representation for college 

21 athletes. 

22 (4) GROUP LICENSING.— 

23 (A) IN GENERAL.—An institution of higher 

24 education or intercollegiate athletic association 

25 may not use the name, image, or likeness of 


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1 any group of college athletes for any type of 

2 promotion, including a media rights agreement, 

3 unless the institution of higher education or 

4 intercollegiate athletic association obtains a li5 cense from the group for that purpose. 

6 (B) NOTIFICATION.—An institution of 

7 higher education or intercollegiate athletic asso8 ciation seeking a license described in subpara9 graph (A) shall notify the group of college ath10 letes concerned with respect to— 

11 (i) the manner in which the name, 

12 image, or likeness of the group will be used 

13 under the license; and 

14 (ii) the amount of revenue the institu15 tion of higher education or intercollegiate 

16 athletic association will receive in connec17 tion with any type of promotion, including 

18 a media rights agreement and any other 

19 revenue source, based on the use of the 

20 name, image, or likeness of the group. 

21 (5) GRANTS-IN-AID.—Receipt of compensation 

22 for the use of the name, image, or likeness of a col23 lege athlete or prospective college athlete shall not 

24 adversely affect— 


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1 (A) the eligibility or opportunity of a col2 lege athlete or prospective college athlete to 

3 apply for a grant-in-aid; or 

4 (B) the amount, duration, or renewal of 

5 the grant-in-aid of a college athlete or prospec6 tive college athlete. 

7 (b) EQUITABLE INSTITUTIONAL SUPPORT.— 

8 (1) IN GENERAL.—An institution of higher edu9 cation, an intercollegiate athletic association, or a 

10 party affiliated with an institution of higher edu11 cation or an intercollegiate athletic association that 

12 provides direct or indirect support to college athletes 

13 with respect to the marketing of their names, im14 ages, or likenesses shall make such support available 

15 and accessible to all college athletes in the applicable 

16 athletic program, regardless of gender, race, or par17 ticipating sport. 

18 (2) INSTITUTIONAL NAME, IMAGE, AND LIKE19 NESS COLLECTIVES.—Each institutional name, 

20 image, and likeness collective— 

21 (A) shall— 

22 (i) for purposes of paragraph (1), be 

23 considered to be affiliated with each insti24 tution of higher education that the collec25 tive supports the athletic interests of; 


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1 (ii) register with the Federal Trade 

2 Commission as an institutional name, 

3 image, and likeness collective, including by 

4 identifying the institutions of higher edu5 cation with which the collective affiliates; 

6 (iii) maintain, with respect to college 

7 athletes enrolled at each affiliated institu8 tion of higher education— 

9 (I) the number of name, image, 

10 or likeness agreements facilitated by 

11 the collective, disaggregated by gen12 der, race, and participating sport; 

13 (II) the total monetary value of 

14 name, image, or likeness agreements 

15 facilitated by the collective, 

16 disaggregated by gender, race, and 

17 participating sport; and 

18 (III) the number of college ath19 letes or prospective college athletes as20 sisted by the collective, disaggregated 

21 by gender, race, and participating 

22 sport; and 

23 (iv) by September 1 of each year, sub24 mit to the Federal Trade Commission a re25 port containing the information described 


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1 in subclauses (I) through (III) of clause 

2 (iii), corresponding to the time period be3 tween July 1 of the previous year and 

4 June 30 of that year; and 

5 (B) shall not discriminate, on the basis of 

6 gender, race, or participating sport, in the fa7 cilitation of name, image, or likeness agree8 ments for college athletes in the athletic pro9 gram of or prospective college athletes for any 

10 particular institution of higher education. 

11 (3) DETERMINATIONS UNDER TITLE IX.—For 

12 purposes of determinations about discrimination on 

13 the basis of sex under title IX of the Education 

14 Amendments of 1972 (20 U.S.C. 1681 et seq.), the 

15 support of an institution of higher education or 

16 intercollegiate athletic association related to athletes’ 

17 names, images, or likenesses shall be considered, in18 cluding how an institution of higher education or 

19 intercollegiate athletic association promotes sports 

20 predominantly comprised of women relative to men. 

21 (c) RIGHT TO REPRESENTATION.— 

22 (1) ABILITY FOR COLLEGE ATHLETES TO RE23 TAIN REPRESENTATION.—An institution of higher 

24 education or intercollegiate athletic association may 

25 not prevent a college athlete or prospective college 


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1 athlete from fully participating in intercollegiate ath2 letics based on the college athlete or prospective col3 lege athlete having obtained professional representa4 tion with respect to a contract or legal matter, in5 cluding— 

6 (A) representation provided by an athlete 

7 agent, financial advisor, or collective representa8 tive; and 

9 (B) legal representation provided by an at10 torney. 

11 (2) PROHIBITIONS ON THE REGULATION OF

12 REPRESENTATION.—An institution of higher edu13 cation or intercollegiate athletic association may not 

14 regulate the legal, financial, or agency representa15 tion of college athletes and prospective college ath16 letes with respect to the marketing of their names, 

17 images, or likenesses, including the certification of 

18 such legal, financial, or agency representation. 

19 (d) PROHIBITION ON WAIVER.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), a college athlete, prospective college ath22 lete, institution of higher education, intercollegiate 

23 athletic association, or any other person may not 

24 enter into any agreement or a legal settlement that 

25 waives or permits noncompliance with this Act. 


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1 (2) EXCEPTION.—An institution of higher edu2 cation or intercollegiate athletic association may re3 strict the commercial use of the name, image, or 

4 likeness of college athletes if such a restriction is 

5 part of a collective bargaining agreement between 

6 the institution of higher education or intercollegiate 

7 athletic association and college athletes. 

8 SEC. 4. GRANTS FOR ANALYZING NAME, IMAGE, LIKENESS, 

9 AND ATHLETIC REPUTATION MONETIZATION. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means— 

13 (A) a business in the United States; 

14 (B) a public or private education and re15 search organization in the United States; or 

16 (C) a consortium of entities described in 

17 subparagraph (A) or (B). 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Commerce. 

20 (b) GRANTS AUTHORIZED.—Annually, the Secretary 

21 may award a grant to, or enter into a contract or a cooper22 ative agreement with, an eligible entity for the purpose 

23 of conducting a market analysis of the monetization of the 

24 rights granted to college athletes and prospective college 


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1 athletes under this Act during the 1-year period preceding 

2 the date on which the analysis is completed. 

3 (c) REQUIREMENTS.—An eligible entity that receives 

4 a grant or enters into a contract or cooperative agreement 

5 to conduct an analysis under subsection (b) shall— 

6 (1) make the analysis and information relating 

7 to the analysis publicly available, including— 

8 (A) the surveys and interviews the eligible 

9 entity conducted during the course of the anal10 ysis; and 

11 (B) estimates of the compensation received 

12 by college athletes and prospective college ath13 letes during the 1-year period preceding the 

14 date on which the analysis is completed as a re15 sult of the monetization of the names, images, 

16 and likenesses of those college athletes and pro17 spective college athletes, separated by— 

18 (i) gender; 

19 (ii) race; and 

20 (iii) sport; and 

21 (2) provide recommendations to the Secretary 

22 to address any disparity among estimates based on 

23 the factors described in clauses (i), (ii), and (iii) of 

24 paragraph (1)(B). 


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1 (d) PUBLIC AVAILABILITY OF RECOMMENDA2 TIONS.—The Secretary shall make any recommendations 

3 received under subsection (c)(2) publicly available. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary such 

6 sums as may be necessary to carry out this section. 

7 SEC. 5. INTERNATIONAL COLLEGE ATHLETES. 

8 (a) ELIGIBILITY FOR F VISAS.—Section 

9 101(a)(15)(F) of the Immigration and Nationality Act (8 

10 U.S.C. 1101(a)(15)(F)) is amended by— 

11 (1) by striking ‘‘(i) an alien having’’ and insert12 ing ‘‘(i)(I) an alien having’’; 

13 (2) by redesignating clauses (ii) and (iii) as 

14 subclauses (II) and (III), respectively; 

15 (3) by striking the semicolon and inserting ‘‘; 

16 or’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(ii) an alien having a residence in a foreign 

19 country which he has no intention of abandoning, 

20 who is a bona fide college athlete (as defined in sec21 tion 2 of the College Athlete Economic Freedom 

22 Act) qualified to pursue a full course of study and 

23 who seeks to enter the United States temporarily 

24 and for the purpose of pursuing a course of study 

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1 demic institution while also participating in inter2 collegiate athletics, which institution or place of 

3 study shall have agreed to report to the Secretary of 

4 Homeland Security the termination of attendance of 

5 each nonimmigrant student, and if any such institu6 tion of learning or place of study fails to make re7 ports promptly the approval shall be withdrawn;’’. 

8 (b) NAME, IMAGE, AND LIKENESS ACTIVITIES BY

9 INTERNATIONAL COLLEGE ATHLETES.—Section 

10 212(a)(5)(A) of the Immigration and Nationality Act (8 

11 U.S.C. 1182(a)(5)(A)) is amended by adding at the end 

12 the following: 

13 ‘‘(v) INTERNATIONAL COLLEGE ATH14 LETES.—Notwithstanding clause (i), an 

15 alien who seeks admission to the United 

16 States to compete in intercollegiate ath17 letics as an international college athlete 

18 nonimmigrant described in subparagraph 

19 (F)(ii) of section 101(a)(15) shall not be 

20 inadmissible for having participated or en21 gaged in activities described in section 3 of 

22 the College Athlete Economic Freedom Act 

23 (relating to the marketing of the name, 

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1 letes, and such activities shall not con2 stitute a violation of or failure to maintain 

3 such nonimmigrant status.’’. 

4 (c) EMPLOYMENT AUTHORIZATION FOR NAME, 

5 IMAGE, AND LIKENESS ACTIVITY.—Section 214 of the 

6 Immigration and Nationality Act (8 U.S.C. 1184) is 

7 amended by adding at the end the following: 

8 ‘‘(s) INTERNATIONAL COLLEGE ATHLETES.—In the 

9 case of an international college athlete nonimmigrant de10 scribed in section 101(a)(15)(F)(ii) who participates in 

11 intercollegiate athletics, the Secretary of Homeland Secu12 rity shall— 

13 ‘‘(1) authorize the alien, incident to status, to 

14 engage in employment activities described in section 

15 3 of the College Athlete Economic Freedom Act (re16 lating to the marketing of the nonimmigrant’s name, 

17 image, or likeness of the nonimmigrant), individually 

18 or as a member of a group of athletes, in the United 

19 States during the period of authorized admission; 

20 and 

21 ‘‘(2) provide the international college athlete 

22 nonimmigrant with an ‘employment authorized’ en23 dorsement or other appropriate document signifying 

24 authorization of employment.’’. 


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1 (d) EMPLOYEE STATUS OF COLLEGE ATHLETES.— 

2 In the event that any Federal or State court of competent 

3 jurisdiction or any government agency declares college 

4 athletes to be employees of an institution of higher edu5 cation or intercollegiate athletic association— 

6 (1) participation in intercollegiate athletics shall 

7 not violate or be considered to be a violation of or 

8 a failure to maintain nonimmigrant status described 

9 in subparagraph (F)(ii) of section 101(a)(15) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(15)); and 

12 (2) international college athletes admitted to 

13 the United States pursuant to visas issued under 

14 that subparagraph may be paid for their participa15 tion in college athletics in the same manner as other 

16 college athletes are paid. 

17 (e) EVIDENCE OF EMPLOYMENT ELIGIBILITY.—En18 dorsement of the Form I–20 (Certificate of Eligibility for 

19 Nonimmigrant Student Status) of an international college 

20 athlete by a designated school official for name, image, 

21 or likeness activities described in section 3 shall serve as 

22 evidence of eligibility for employment in the United States. 

23 SEC. 6. ENFORCEMENT PROVISIONS. 

24 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— 


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1 (1) IN GENERAL.—A violation of section 3 shall 

2 be treated as a violation of a rule defining an unfair 

3 or deceptive act or practice prescribed under section 

4 18(a)(1)(B) of the Federal Trade Commission Act 

5 (15 U.S.C. 57a(a)(1)(B)). 

6 (2) ACTIONS BY THE COMMISSION.—The Com7 mission shall enforce section 3 in the same manner, 

8 by the same means, and with the same jurisdiction, 

9 powers, and duties as though all applicable terms 

10 and provisions of the Federal Trade Commission Act 

11 (15 U.S.C. 41 et seq.) were incorporated into and 

12 made a part of this Act. 

13 (3) ENFORCEMENT RELATED TO NONPROFIT

14 ORGANIZATIONS.—Notwithstanding section 4, 

15 5(a)(2), or 6 of the Federal Trade Commission Act 

16 (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional 

17 limitation of the Federal Trade Commission, the 

18 Commission shall also enforce this Act and the regu19 lations promulgated under this Act, in the same 

20 manner provided in paragraphs (1) and (2) of this 

21 subsection, with respect to organizations not orga22 nized to carry on business for their own profit or 

23 that of their members. 

24 (b) PRIVATE RIGHT OF ACTION.— 


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1 (1) IN GENERAL.—An individual who is ag2 grieved by a violation of section 3 may bring a civil 

3 action in an appropriate Federal district court of 

4 competent jurisdiction. 

5 (2) DAMAGES; COSTS AND ATTORNEY’S FEES.— 

6 A court may award to a prevailing party in a civil 

7 action brought under paragraph (1)— 

8 (A) actual damages sustained by the party 

9 as a result of the violation that is the subject 

10 of the action; and 

11 (B) the costs of the action and reasonable 

12 attorney’s fees. 

13 (c) SHERMAN ACT.—A violation of this Act shall be 

14 deemed to be a per se violation of the Sherman Act (15 

15 U.S.C. 1 et seq.) and subject to all remedies and rights 

16 afforded under that Act. 

17 SEC. 7. STATE PREEMPTION. 

18 (a) IN GENERAL.—A State may not enforce a State 

19 law relating to the ability of college athletes to enter into 

20 contracts with third parties for the use of their names, 

21 images, or likenesses pursuant to this Act. 

22 (b) EXCEPTION FOR THE CERTIFICATION OF ATH23 LETE AGENTS.—A State may enforce a State law or regu24 lation relating to the certification of athlete agents under 


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1 the Sports Agent Responsibility and Trust Act (15 U.S.C. 

2 7801 et seq.). 

3 SEC. 8. RULE OF CONSTRUCTION. 

4 Nothing in this Act shall affect the treatment of 

5 qualified scholarships under section 117 of the Internal 

6 Revenue Code of 1986. 

Æ 


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