,,ii #aagth ,,congress #ast ,session ,s4 #bch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #d1 #bjba,mr4 ,murphy introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish name1 image1 likeness1 and athletic reputation rights for college athletes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,college ,athlete ,economic ,freedom ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,athlete agent ,the term athlete agent has the meaning given the term in section #b of the ,sports ,agent ,responsibility and ,trust ,act 7#ae ,u4,s4,c4 #ghja74 7#b7 ,athletic reputation ,the term athletic reputation means1 with respect to a college athlete or prospective college athlete1 the recognition or fame of the athlete relating to the participation or performance of the college athlete or prospective college athlete in a sport4 7#c7 ,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 education4 7#d7 ,compensation ,the term compensation-- 7,a7 means any payment1 remuneration1 or benefit provided to a college athlete or prospective college athlete in exchange for the use of the name1 image1 likeness1 or athletic reputation of the college athlete or prospective college athlete2 and 7,b7 does not include-- 7i7 a grant-in-aid2 or 7ii7 a stipend scholarship from the institution of higher education in which a college athlete is enrolled4 7#e7 ,grant-in-aid ,the term grant-in-aid means a scholarship1 grant1 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 study4 7#f7 ,image ,the term image1 with respect to a college athlete or prospective college athlete1 means any photograph1 video1 or computer-generated representation that reasonably identifies the college athlete or prospective college athlete4 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7#h7 ,intercollegiate athletic association ,the term intercollegiate athletic association means any association1 conference1 or other group or organization that-- 7,a7 exercises authority over intercollegiate athletics and the recruitment of college athletes or prospective college athletes2 and 7,b7 is engaged in interstate commerce or in any industry or activity affecting interstate commerce4 7#i7 ,likeness ,the term likeness1 with respect to a college athlete or prospective college athlete1 means the uniquely identifiable voice1 catch phrase1 or any other mark that when used in a context that reasonably identifies the college athlete or prospective college athlete4 7#aj7 ,name ,the term name1 with respect to a college athlete or prospective college athlete1 means the first or last name1 or a nickname1 of the college athlete or prospective college athlete when used in a context that reasonably identifies the college athlete or prospective college athlete4 7#aa7 ,prospective college athlete ,the term prospective college athlete means an individual who-- 7,a7 has not enrolled at an institution of higher education2 and 7,b7 may be recruited by an institution of higher education4 7#ab7 ,third party ,the term third party means an individual or entity other than an institution of higher education or an intercollegiate athletic association4 #c4 ,athlete rights to market name1 image1 likeness1 and athletic reputation 7a7 ,right ,to market use of name1 image1 likeness1 and athletic reputation 7#a7 ,in general ,an institution of higher education or intercollegiate athletic association may not enact or enforce any rule1 requirement1 standard1 or other limitation that prevents college athletes or prospective college athletes1 individually or as a group1 from marketing the use of their names1 images1 likenesses1 and athletic reputations4 7#b7 ,collusion ,an institution of higher education may not coordinate with any other institution of higher education or third party to limit the amount of payment offered to a college athlete1 prospective college athlete1 or group of college athletes or prospective college athletes under a contract for the use of the name1 image1 likeness1 or athletic reputation of the college athlete1 prospective college athlete1 or group of college athletes or prospective college athletes4 7#c7 ,right to collective representation ,an institution of higher education or intercollegiate athletic association may not enact or enforce any rule1 requirement1 standard1 or other limitation1 or engage in conduct that prevents college athletes from forming or recognizing1 or interferes with such formation or recognition of1 a collective representative to facilitate group licensing agreements or provide representation for college athletes4 7#d7 ,group licensing ,a third party may not use the name1 image1 likeness1 or athletic reputation of any member of a group of college athletes to market any product unless the third party obtains a license from the group for that purpose4 7#e7 ,grants-in-aid ,receipt of compensation for the use of the name1 image1 likeness1 or athletic reputation of a college athlete or prospective college athlete shall not adversely affect-- 7,a7 the eligibility or opportunity of a college athlete or prospective college athlete to apply for a grant-in-aid2 or 7,b7 the amount1 duration1 or renewal of the grant-in-aid of a college athlete or prospective college athlete4 7#f7 ,equitable institutional support ,an institution of higher education1 an intercollegiate athletic association1 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 names1 images1 likenesses1 and athletic reputations shall make such support accessible to all college athletes in the applicable athletic program1 regardless of gender1 race1 or participating sport4 7b7 ,right to representation 7#a7 ,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 matter1 including-- 7,a7 representation provided by an athlete agent or financial advisor2 and 7,b7 legal representation provided by an attorney4 7#b7 ,prohibitions on the regulation of representation ,an institution of higher education or intercollegiate athletic association may not regulate the legal1 financial1 or agency representation of college athletes and prospective college athletes with respect to the marketing of their names1 images1 likenesses1 or athletic reputations1 including the certification of such legal1 financial1 or agency representation4 7c7 ,prohibition on waiver ,a college athlete1 a prospective college athlete1 an institution of higher education1 an intercollegiate athletic association1 or any other person may not enter into any agreement or a legal settlement that waives or permits noncompliance with this ,act4 #d4 ,grants for analyzing name1 image1 likeness1 and athletic reputation monetization 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a business in the ,united ,states2 7,b7 a public or private education and research organization in the ,united ,states2 or 7,c7 a consortium of entities described in subparagraph 7,a7 or 7,b74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7b7 ,grants authorized ,annually1 the ,secretary may award a grant to1 or enter into a contract or a cooperative agreement with1 an eligible entity for the purpose of conducting a market analysis of the monetization of the rights granted to college athletes under this ,act during the #a-year period preceding the date of the analysis4 7c7 ,requirements ,an eligible entity that receives a grant or enters into a contract or cooperative agreement to conduct an analysis under subsection 7b7 shall-- 7#a7 make the analysis and information relating to the analysis publicly available1 including-- 7,a7 the surveys and interviews the eligible entity conducted during the course of the analysis2 and 7,b7 estimates of the compensation received by college athletes during the #a-year period preceding the date of the analysis as a result of the monetization of the names1 images1 likenesses1 and athletic reputations of those college athletes1 separated by-- 7i7 gender2 7ii7 race2 and 7iii7 sport2 and 7#b7 provide recommendations to the ,secretary to address any disparate estimates described in paragraph 7#a77;,b74 7d7 ,public availability of recommendations ,the ,secretary shall make any recommendations received under subsection 7c77#b7 publicly available4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to carry out this section4 #e4 ,enforcement provisions 7a7 ,unfair or deceptive act or practice 7#a7 ,in general ,a violation of section #c shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,actions by the ,commission ,the ,commission shall enforce section #c in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7#c7 ,enforcement related to nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,federal ,trade ,commission1 the ,commission shall also enforce this ,act and the regulations promulgated under this ,act1 in the same manner provided in paragraphs 7#a7 and 7#b7 of this subsection1 with respect to organizations not organized to carry on business for their own profit or that of their members4 7b7 ,private right of action 7#a7 ,in general ,an individual who is aggrieved by a violation of section #c may bring a civil action in an appropriate ,federal district court of competent jurisdiction4 7#b7 ,damages2 costs and attorney's fees ,a court may award to a prevailing party in a civil action brought under paragraph 7#a7-- 7,a7 actual damages sustained by the party as a result of the violation that is the subject of the action2 and 7,b7 the costs of the action and reasonable attorney's fees4 7c7 ,sherman ,act ,a violation of this ,act shall be deemed to be a per se violation of the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq47 and subject to all remedies and rights afforded under that ,act4 #f4 ,state preemption 7a7 ,in general ,a ,state may not enforce a ,state law relating to the ability of college athletes to enter into contracts for the use of their names1 images1 likenesses1 or athletic reputations pursuant to this ,act4 7b7 ,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 7#ae ,u4,s4,c4 #ghja et seq474 #g4 ,rule of construction ,nothing in this ,act shall affect the treatment of qualified scholarships under section #aag of the ,internal ,revenue ,code of #aihf4