I 
117TH CONGRESS 
1ST SESSION 
H. R. 850 
To establish name, image, likeness, and athletic reputation rights for college 
athletes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2021 
Mrs. TRAHAN introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To establish name, image, likeness, and athletic reputation 
rights for college athletes, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘College Athlete Eco-
nomic Freedom Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ATHLETE
AGENT.—The term ‘‘athlete 
agent’’ has the meaning given the term in section 2 
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(5) GRANT-IN-AID.—The term ‘‘grant-in-aid’’ 
means a scholarship, grant, or other form of finan-
cial 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 rep-
resentation that reasonably identifies the college ath-
lete 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) 
INTERCOLLEGIATE
ATHLETIC
ASSOCIA-
TION.—The term ‘‘intercollegiate athletic associa-
tion’’ 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. 
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(9) LIKENESS.—The term ‘‘likeness’’, with re-
spect to a college athlete or prospective college ath-
lete, means the uniquely identifiable voice, catch 
phrase, or any other mark that when used in a con-
text that reasonably identifies the college athlete or 
prospective college athlete. 
(10) 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. 
(11) PROSPECTIVE
COLLEGE
ATHLETE.—The 
term ‘‘prospective college athlete’’ means an indi-
vidual who— 
(A) has not enrolled at an institution of 
higher education; and 
(B) may be recruited by an institution of 
higher education. 
(12) THIRD PARTY.—The term ‘‘third party’’ 
means an individual or entity other than an institu-
tion of higher education or an intercollegiate athletic 
association. 
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SEC. 3. ATHLETE RIGHTS TO MARKET NAME, IMAGE, LIKE-
NESS, AND ATHLETIC REPUTATION. 
(a) RIGHT TO MARKET USE OF NAME, IMAGE, LIKE-
NESS, AND ATHLETIC REPUTATION.— 
(1) IN GENERAL.—An institution of higher edu-
cation or intercollegiate athletic association may not 
enact or enforce any rule, requirement, standard, or 
other limitation that prevents college athletes or pro-
spective college athletes, individually or as a group, 
from marketing the use of their names, images, 
likenesses, and athletic reputations. 
(2) COLLUSION.—An institution of higher edu-
cation may not coordinate with any other institution 
of higher education or third party to limit the 
amount of payment offered to a college athlete, pro-
spective college athlete, or group of college athletes 
or prospective college athletes under a contract for 
the use of the name, image, likeness, or athletic rep-
utation of the college athlete, prospective college ath-
lete, or group of college athletes or prospective col-
lege athletes. 
(3) RIGHT
TO
COLLECTIVE
REPRESENTA-
TION.—An institution of higher education or inter-
collegiate athletic association may not enact or en-
force any rule, requirement, standard, or other limi-
tation, or engage in conduct that prevents college 
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athletes from forming or recognizing, or interferes 
with such formation or recognition of, a collective 
representative to facilitate group licensing agree-
ments or provide representation for college athletes. 
(4) GROUP LICENSING.—A third party may not 
use the name, image, likeness, or athletic reputation 
of any member of a group of college athletes to mar-
ket any product unless the third party obtains a li-
cense from the group for that purpose. 
(5) GRANTS-IN-AID.—Receipt of compensation 
for the use of the name, image, likeness, or athletic 
reputation of a college athlete or prospective college 
athlete shall not adversely affect— 
(A) the eligibility or opportunity of a col-
lege 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 prospec-
tive college athlete. 
(6) EQUITABLE INSTITUTIONAL SUPPORT.—An 
institution of higher education, an intercollegiate 
athletic association, or a party affiliated with an in-
stitution of higher education or an intercollegiate 
athletic association that provides direct or indirect 
support to college athletes with respect to the mar-
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keting of their names, images, likenesses, and ath-
letic reputations shall make such support accessible 
to all college athletes in the applicable athletic pro-
gram, regardless of gender, race, or participating 
sport. 
(b) RIGHT TO REPRESENTATION.— 
(1) ABILITY FOR COLLEGE ATHLETES TO RE-
TAIN
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 ath-
letics based on the college athlete or prospective col-
lege athlete having obtained professional representa-
tion with respect to a contract or legal matter, in-
cluding— 
(A) representation provided by an athlete 
agent or financial advisor; and 
(B) legal representation provided by an at-
torney. 
(2) PROHIBITIONS
ON
THE
REGULATION
OF 
REPRESENTATION.—An institution of higher edu-
cation or intercollegiate athletic association may not 
regulate the legal, financial, or agency representa-
tion of college athletes and prospective college ath-
letes with respect to the marketing of their names, 
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images, likenesses, or athletic reputations, including 
the certification of such legal, financial, or agency 
representation. 
(c) PROHIBITION ON WAIVER.—A college athlete, a 
prospective college athlete, an institution of higher edu-
cation, an intercollegiate athletic association, or any other 
person may not enter into any agreement or a legal settle-
ment that waives or permits noncompliance with this Act. 
SEC. 4. GRANTS FOR ANALYZING NAME, IMAGE, LIKENESS, 
AND ATHLETIC REPUTATION MONETIZATION. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a business in the United States; 
(B) a public or private education and re-
search 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 cooper-
ative agreement with, an eligible entity for the purpose 
of conducting a market analysis of the monetization of the 
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