,,ii #aaith ,,congress #ast ,session ,s4 #bdgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bh1 #bjbe,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 and likeness rights for college athletes at institutions of higher education1 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 ,collective representative ,the term collective representative-- 7,a7 means an individual or organization that represents a group of college athletes or prospective college athletes to negotiate contracts for the use of the names1 images1 or likenesses of such athletes or group of athletes2 and 7,b7 includes-- 7i7 legal representatives2 7ii7 athlete agents2 and 7iii7 players' associations4 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 means any payment1 remuneration1 or benefit provided to a college athlete or prospective college athlete in exchange for the use of the name1 image1 or likeness of the college athlete or prospective college athlete4 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 undergraduate or graduate course of study of the college athlete4 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 ,institutional name1 image1 and likeness collective ,the term institutional name1 image1 and likeness collective means any entity that-- 7,a7 7i7 is subject to the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq472 or 7ii7 is an organization not organized to carry on business for its own profit or the profit of its members2 and 7,b7 supports the athletic interests of an institution of higher education or a limited group of institutions of higher education by-- 7i7 accepting contributions for the purpose of entering into or funding name1 image1 or likeness agreements with college athletes or prospective college athletes2 or 7ii7 arranging for college athletes to be paid by third parties for the commercial use of their names1 images1 or likenesses4 7#i7 ,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#aj7 ,international college athlete ,the term international college athlete means an alien 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777 lawfully present in the ,united ,states in the status of a nonimmigrant described in subparagraph 7,f77ii7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 who participates in or is eligible to participate in an intercollegiate sport for an institution of higher education4 7#aa7 ,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 when used in a context that reasonably identifies the college athlete or prospective college athlete4 7#ab7 ,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#ac7 ,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#ad7 ,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 and likeness 7a7 ,right ,to market use of name1 image1 and likeness 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 or likenesses4 7#b7 ,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 athlete1 prospective college athlete1 or group of college athletes or prospective college athletes under a contract for the use of the name1 image1 or likeness of the college athlete1 prospective college athlete1 or group of college athletes or prospective college athletes1 unless such a limitation is the result of negotiations with a collective representative4 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 limitation preventing1 or engage in conduct that prevents1 college athletes from forming or recognizing1 or interferes with the formation or recognition of1 a collective representative-- 7,a7 to facilitate contracts for the use of the name1 image1 or likeness of college athletes1 or group licensing agreements2 or 7,b7 to provide representation for college athletes4 7#d7 ,group licensing 7,a7 ,in general ,an institution of higher education or intercollegiate athletic association may not use the name1 image1 or likeness of any group of college athletes for any type of promotion1 including a media rights agreement1 unless the institution of higher education or intercollegiate athletic association obtains a license from the group for that purpose4 7,b7 ,notification ,an institution of higher education or intercollegiate athletic association seeking a license described in subparagraph 7,a7 shall notify the group of college athletes concerned with respect to-- 7i7 the manner in which the name1 image1 or likeness of the group will be used under the license2 and 7ii7 the amount of revenue the institution of higher education or intercollegiate athletic association will receive in connection with any type of promotion1 including a media rights agreement and any other revenue source1 based on the use of the name1 image1 or likeness of the group4 7#e7 ,grants-in-aid ,receipt of compensation for the use of the name1 image1 or likeness 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 7b7 ,equitable institutional support 7#a7 ,in general ,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 or likenesses shall make such support available and accessible to all college athletes in the applicable athletic program1 regardless of gender1 race1 or participating sport4 7#b7 ,institutional name1 image1 and likeness collectives ,each institutional name1 image1 and likeness collective-- 7,a7 shall-- 7i7 for purposes of paragraph 7#a71 be considered to be affiliated with each institution of higher education the athletic interests of which the collective supports2 7ii7 register with the ,federal ,trade ,commission as an institutional name1 image1 and likeness collective1 including by identifying the institutions of higher education with which the collective affiliates2 7iii7 maintain1 with respect to college athletes enrolled at each affiliated institution of higher education-- 7,i7 the number of name1 image1 or likeness agreements facilitated by the collective1 disaggregated by gender1 race1 and participating sport2 7,,ii7 the total monetary value of name1 image1 or likeness agreements facilitated by the collective1 disaggregated by gender1 race1 and participating sport2 and 7,,iii7 the number of college athletes and prospective college athletes assisted by the collective1 disaggregated by gender1 race1 and participating sport2 and 7iv7 not later than ,september #a each year1 submit to the ,federal ,trade ,commission a report containing1 for the period beginning on ,july #a of the preceding year and ending on ,june #cj of the year in which the report is submitted1 the information described in subclauses 7,i7 through 7,,iii7 of clause 7iii72 and 7,b7 shall not discriminate1 on the basis of gender1 race1 or participating sport1 in the facilitation of name1 image1 or likeness agreements for college athletes in the athletic program of1 or prospective college athletes for1 any particular institution of higher education4 7#c7 ,determinations under title ,,ix ,for purposes of determinations about discrimination on the basis of sex under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 the support of an institution of higher education or intercollegiate athletic association related to the names1 images1 or likenesses of college athletes shall be considered1 including how an institution of higher education or intercollegiate athletic association promotes sports predominantly comprised of women relative to men4 7c7 ,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 agent1 financial advisor1 or collective representative2 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 or likenesses1 including the certification of such legal1 financial1 or agency representation4 7d7 ,prohibition on waiver 7#a7 ,in general ,except as provided in paragraph 7#b71 a college athlete1 prospective college athlete1 institution of higher education1 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 7#b7 ,exception ,an institution of higher education or intercollegiate athletic association may restrict the commercial use of the name1 image1 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 athletes4 #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 ,not less frequently than 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 and prospective college athletes under this ,act during the #a-year period preceding the date on which the analysis is completed4 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 available to the public1 including-- 7,a7 the surveys and interviews conducted by the eligible entity during the course of the analysis2 and 7,b7 estimates of the compensation received by college athletes and prospective college athletes during the #a-year period preceding the date on which the analysis is completed as a result of the monetization of the names1 images1 or likenesses of such college athletes and prospective college athletes1 disaggregated by-- 7i7 gender2 7ii7 race2 and 7iii7 sport2 and 7#b7 provide recommendations to the ,secretary to address any disparity among estimates based on the factors described in clauses 7i71 7ii71 and 7iii7 of paragraph 7#a77;,b74 7d7 ,public availability of recommendations ,the ,secretary shall make available to the public any recommendations received under subsection 7c77#b74 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 ,international college athletes 7a7 ,eligibility for ,f visas ,section #aja7;a77#ae77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 is amended by-- 7#a7 by striking 7i7 an alien having and inserting 7i77,i7 an alien having2 7#b7 by striking clause 7i7 each place it appears and inserting subclause 7,i72 7#c7 by redesignating clauses 7ii7 and 7iii7 as subclauses 7,,ii7 and 7,,iii71 respectively2 7#d7 by striking the semicolon and inserting 2 or2 and 7#e7 by adding at the end the following3 7ii7 an alien having a residence in a foreign country which he has no intention of abandoning1 who is a bona fide college athlete 7as defined in section #b of the ,college ,athlete ,economic ,freedom ,act7 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 college1 university1 or other academic institution while also participating in intercollegiate athletics1 which institution or place of study shall have agreed to report to the ,secretary of ,homeland ,security the termination of attendance of each nonimmigrant student1 and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn2 4 7b7 ,name1 image1 and likeness activities by international college athletes ,section #bab7;a77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#e77;,a77 is amended by adding at the end the following3 7v7 ,international college athletes ,notwithstanding clause 7i71 an alien who seeks admission to the ,united ,states to compete in intercollegiate athletics as an international college athlete nonimmigrant described in subparagraph 7,f77ii7 of section #aja7;a77#ae7 shall not be inadmissible for having participated or engaged in activities described in section #c of the ,college ,athlete ,economic ,freedom ,act 7relating to the marketing of the name1 image1 or likeness1 of the alien71 individually or as a member of a group of athletes1 and such activities shall not constitute a violation of or failure to maintain such nonimmigrant status4 4 7c7 ,employment authorization for name1 image1 and likeness activity ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,international college athletes ,in the case of an international college athlete nonimmigrant described in section #aja7;a77#ae77;,f77ii7 who participates in intercollegiate athletics1 the ,secretary of ,homeland ,security shall-- 7#a7 authorize the alien1 incident to status1 to engage in employment activities described in section #c of the ,college ,athlete ,economic ,freedom ,act 7relating to the marketing of the nonimmigrant's name1 image1 or likeness of the nonimmigrant71 individually or as a member of a group of athletes1 in the ,united ,states during the period of authorized admission2 and 7#b7 provide the international college athlete nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment4 4 7d7 ,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-- 7#a7 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 7,f77ii7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 7#b7 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 paid4 7e7 ,evidence of employment eligibility ,endorsement of the ,form ,i-#bj 7,certificate of ,eligibility for ,nonimmigrant ,student ,status7 of an international college athlete by a designated school official for name1 image1 or likeness activities described in section #c shall serve as evidence of eligibility for employment in the ,united ,states4 #f4 ,enforcement provisions 7a7 ,unfair or deceptive acts or practices 7#a7 ,in general ,a violation of section #c 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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided for in subparagraph 7,c71 the ,federal ,trade ,commission 7referred to in this section as the ,commission7 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,b7 ,privileges and immunities ,any person who violates section #c 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 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,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 ,commission1 the ,commission shall also enforce section #c1 in the same manner provided in subparagraphs 7,a7 and 7,b71 with respect to organizations not organized to carry on business for their own profit or that of their members4 7,d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7,e7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this section4 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 #g4 ,state preemption 7a7 ,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 names1 images1 or likenesses 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 #h4 ,rule of construction ,nothing in this ,act shall affect the treatment of qualified scholarships under section #aag of the ,internal ,revenue ,code of #aihf4