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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 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: 
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(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 con-
tracts 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 ‘‘compensa-
tion’’ means any payment, remuneration, or benefit 
provided to a college athlete or prospective college 
athlete in exchange for the use of the name, image, 
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or likeness of the college athlete or prospective col-
lege athlete. 
(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) INSTITUTIONAL NAME, IMAGE, AND LIKE-
NESS COLLECTIVE.—The term ‘‘institutional name, 
image, and likeness collective’’ means any entity that 
is— 
(A) either— 
(i) subject to the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.); or 
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(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 insti-
tution 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 commer-
cial use of their names, images, or 
likenesses. 
(9) 
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 
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(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 Immigra-
tion and Nationality Act (8 U.S.C. 1101(a))) law-
fully 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 Nation-
ality 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 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. 
(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. 
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(13) 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. 
(14) THIRD PARTY.—The term ‘‘third party’’ 
means an individual or entity other than an institu-
tion 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 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, or 
likenesses. 
(2) COLLUSION.—An institution of higher edu-
cation may not coordinate with any other institution 
of higher education or third party to impose a limi-
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tation on the amount of payment offered to a college 
athlete, prospective college athlete, or group of col-
lege 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 ath-
letes, unless such a limitation is the result of nego-
tiations with a collective representative. 
(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 
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 
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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 li-
cense from the group for that purpose. 
(B) NOTIFICATION.—An institution of 
higher education or intercollegiate athletic asso-
ciation seeking a license described in subpara-
graph (A) shall notify the group of college ath-
letes 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 institu-
tion of higher education or intercollegiate 
athletic association will receive in connec-
tion 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 col-
lege athlete or prospective college athlete shall not 
adversely affect— 
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(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. 
(b) EQUITABLE INSTITUTIONAL SUPPORT.— 
(1) IN GENERAL.—An institution of higher edu-
cation, an intercollegiate athletic association, or a 
party affiliated with an institution of higher edu-
cation or an intercollegiate athletic association that 
provides direct or indirect support to college athletes 
with respect to the marketing of their names, im-
ages, or likenesses shall make such support available 
and accessible to all college athletes in the applicable 
athletic program, regardless of gender, race, or par-
ticipating sport. 
(2) INSTITUTIONAL NAME, IMAGE, AND LIKE-
NESS
COLLECTIVES.—Each 
institutional 
name, 
image, and likeness collective— 
(A) shall— 
(i) for purposes of paragraph (1), be 
considered to be affiliated with each insti-
tution of higher education that the collec-
tive supports the athletic interests of; 
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(ii) register with the Federal Trade 
Commission as an institutional name, 
image, and likeness collective, including by 
identifying the institutions of higher edu-
cation with which the collective affiliates; 
(iii) maintain, with respect to college 
athletes enrolled at each affiliated institu-
tion of higher education— 
(I) the number of name, image, 
or likeness agreements facilitated by 
the collective, disaggregated by gen-
der, 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 ath-
letes or prospective college athletes as-
sisted by the collective, disaggregated 
by gender, race, and participating 
sport; and 
(iv) by September 1 of each year, sub-
mit to the Federal Trade Commission a re-
port containing the information described 
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in subclauses (I) through (III) of clause 
(iii), corresponding to the time period be-
tween 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 fa-
cilitation of name, image, or likeness agree-
ments for college athletes in the athletic pro-
gram 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, in-
cluding 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 RE-
TAIN
REPRESENTATION.—An institution of higher 
education or intercollegiate athletic association may 
not prevent a college athlete or prospective college 
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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, financial advisor, or collective representa-
tive; 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, 
images, or likenesses, including the certification of 
such legal, financial, or agency representation. 
(d) PROHIBITION ON WAIVER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a college athlete, prospective college ath-
lete, 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. 
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(2) EXCEPTION.—An institution of higher edu-
cation or intercollegiate athletic association may re-
strict 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 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 
rights granted to college athletes and prospective college 
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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 anal-
ysis; and 
(B) estimates of the compensation received 
by college athletes and prospective college ath-
letes during the 1-year period preceding the 
date on which the analysis is completed as a re-
sult of the monetization of the names, images, 
and likenesses of those college athletes and pro-
spective 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). 
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(d) 
PUBLIC
AVAILABILITY
OF
RECOMMENDA-
TIONS.—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 insert-
ing ‘‘(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 sec-
tion 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 aca-
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demic institution while also participating in inter-
collegiate 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 institu-
tion of learning or place of study fails to make re-
ports 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 ATH-
LETES.—Notwithstanding clause (i), an 
alien who seeks admission to the United 
States to compete in intercollegiate ath-
letics as an international college athlete 
nonimmigrant described in subparagraph 
(F)(ii) of section 101(a)(15) shall not be 
inadmissible for having participated or en-
gaged 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), individ-
ually or as a member of a group of ath-
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letes, and such activities shall not con-
stitute 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 de-
scribed in section 101(a)(15)(F)(ii) who participates in 
intercollegiate athletics, the Secretary of Homeland Secu-
rity shall— 
‘‘(1) authorize the alien, incident to status, to 
engage in employment activities described in section 
3 of the College Athlete Economic Freedom Act (re-
lating 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’ en-
dorsement or other appropriate document signifying 
authorization of employment.’’. 
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(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 edu-
cation 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 participa-
tion in college athletics in the same manner as other 
college athletes are paid. 
(e) EVIDENCE OF EMPLOYMENT ELIGIBILITY.—En-
dorsement 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.— 
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(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 Com-
mission 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 regu-
lations promulgated under this Act, in the same 
manner provided in paragraphs (1) and (2) of this 
subsection, with respect to organizations not orga-
nized to carry on business for their own profit or 
that of their members. 
(b) PRIVATE RIGHT OF ACTION.— 
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(1) IN
GENERAL.—An individual who is ag-
grieved 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 ATH-
LETE AGENTS.—A State may enforce a State law or regu-
lation relating to the certification of athlete agents under 
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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. 
Æ 
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