119-s2470

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2470 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2470

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 28, 2025

 Mr. Murphy introduced the following bill; which was read twice and 
 referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

 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 undergraduate or graduate course of study of 
 the college athlete.

    (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--
        (A)
            (i) is subject to the Federal Trade Commission 
 Act (15 U.S.C. 41 et seq.); or
            (ii) is an organization not organized to carry on 
 business for its own profit or the profit of its 
 members; and
        (B) supports the athletic interests of an 
 institution of higher education or a limited group of 
 institutions of higher education by--
            (i) accepting contributions for the purpose 
 of entering into or funding name, image, or 
 likeness agreements with college athletes or 
 prospective college athletes; or
            (ii) arranging for 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 
 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 preventing, or engage in conduct that prevents, 
 college athletes from forming or recognizing, or interferes 
 with the 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 the athletic 
 interests of which the collective supports;
            (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 and prospective college 
 athletes assisted by the collective, 
 disaggregated by gender, race, and 
 participating sport; and
            (iv) not later than September 1 each year, 
 submit to the Federal Trade Commission a report 
 containing, for the period beginning on July 1 
 of the preceding year and ending on June 30 of 
 the year in which the report is submitted, the 
 information described in subclauses
            (I) through
            (III) of clause
            (iii) ; 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 the names, 
 images, or likenesses of college athletes 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.--Not less frequently than 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 available to the public, including--
        (A) the surveys and interviews conducted by the 
 eligible entity 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, or likenesses of 
 such college athletes and prospective college athletes, 
 disaggregated 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 available to the public any recommendations received under 
subsection
            (c) (2) .

    (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 striking ``clause
            (i) '' each place it appears and 
 inserting ``subclause
            (I) '';

    (3) by redesignating clauses
            (ii) and
            (iii) as subclauses
            (II) and
            (III) , respectively;

    (4) by striking the semicolon and inserting ``; or''; and

    (5) 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 Acts or Practices.--

    (1) In general.--A violation of 

section 3 or a regulation 
 promulgated under this section shall be treated as a violation 
 of a rule defining an unfair or deceptive act or practice under 
 

section 18

    (a)

    (1)
        (B) of the Federal Trade Commission Act (15 
 U.S.C. 57a

    (a)

    (1)
        (B) ).

    (2) Powers of the commission.--
        (A) In general.--Except as provided for in 
 subparagraph
            (C) , the Federal Trade Commission 
 (referred to in this section as 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.
        (B) Privileges and immunities.--Any person who 
 violates 

section 3 or a regulation promulgated under 
 this section shall be subject to the penalties and 
 entitled to the privileges and immunities provided in 
 the Federal Trade Commission Act (15 U.S.C. 41 et 
 seq.).
            (C) 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 Commission, the 
 Commission shall also enforce 

section 3, in the same 
 manner provided in subparagraphs
        (A) and
        (B) , with 
 respect to organizations not organized to carry on 
 business for their own profit or that of their members.
            (D) Authority preserved.--Nothing in this Act shall 
 be construed to limit the authority of the Commission 
 under any other provision of law.
        (E) Rulemaking.--The Commission shall promulgate in 
 accordance with 

section 553 of title 5, United States 
 Code, such rules as may be necessary to carry out this 
 section.

    (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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