[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6350 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6350
To protect the name, image, and likeness rights of college athletes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2025
Mrs. Trahan (for herself, Ms. McClellan, Mr. Magaziner, Mr. Carter of
Louisiana, Mr. Stanton, Mr. Mullin, Mr. McGovern, Ms. Scanlon, Mr.
Tonko, Ms. Leger Fernandez, Ms. Lee of Nevada, Mr. Costa, Ms. Lois
Frankel of Florida, Mr. Ruiz, Mr. Tran, Ms. McCollum, and Ms. Johnson
of Texas) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
the Judiciary, and Education and Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To protect the name, image, and likeness rights of college athletes.
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 Athletics Reform 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) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in the first section of the Clayton Act
(15 U.S.C. 12) and includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such section 5
applies to unfair methods of competition.
(3) College athlete.--The term ``college athlete'' means--
(A) any individual who is enrolled (or has agreed
to enroll) at an institution and participates in an
intercollegiate sports team of such institution; and
(B) any individual who is solicited to enroll at an
institution by, or at the direction of an employee of,
the institution in order for such individual to
participate in an intercollegiate sports team of such
institution.
(4) Compensation.--The term ``compensation'' means, with
respect to a college athlete, any form of payment or
remuneration, whether provided through cash, benefits, awards,
or any other means.
(5) Conference.--The term ``conference'' means an entity
that--
(A) has as members 2 or more institutions;
(B) arranges regular season intercollegiate
athletic competitions and championships for such
members; and
(C) sets rules with respect to such intercollegiate
athletic competitions and championships.
(6) Image.--The term ``image'' means, with respect to a
college athlete, any visual depiction that identifies, is
linked to, or is reasonably linkable to the college athlete.
(7) Institution.--The term ``institution'' has the meaning
given the term ``institution of higher education'' in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(8) Intercollegiate athletic association.--The term
``intercollegiate athletic association'' means any entity
that--
(A) sets common rules, standards, procedures, or
guidelines for the administration and regulation of
intercollegiate sports teams and intercollegiate
athletics competitions; and
(B) is composed of 2 or more institutions or
conferences located in more than 1 State.
(9) Intercollegiate athletic competition.--The term
``intercollegiate athletic competition'' means any contest,
game, meet, match, tournament, regatta, or other event in which
intercollegiate sports teams of more than 1 institution
compete.
(10) Intercollegiate athletics.--The term ``intercollegiate
athletics''--
(A) means the intercollegiate sports teams for
which eligibility requirements for participation by
college athletes are established by a conference or an
intercollegiate athletic association; and
(B) does not include any recreational, intramural,
or club teams.
(11) Intercollegiate sports team.--The term
``intercollegiate sports team'' means an entity composed of an
individual or group of individuals enrolled at an institution
that is organized by such institution for the purposes of
participation in intercollegiate athletic competitions.
(12) Likeness.--The term ``likeness'', with respect to a
college athlete, means a physical or digital depiction or
representation that identifies, is linked to, or is reasonably
linkable to the college athlete.
(13) Name.--The term ``name'', with respect to a college
athlete, means the first, middle, or last name, or the nickname
or former name, of the college athlete when used in a context
that identifies, is linked to, or is reasonably linkable to the
college athlete.
(14) Name, image, and likeness agreement.--The term ``name,
image, and likeness agreement'' means a contract or similar
written or oral agreement under which a college athlete
licenses or authorizes, or a contract or similar agreement that
otherwise is in relation to, the commercial use of the name,
image, or likeness of the college athlete.
(15) Power four.--The term ``Power Four'' means the Big Ten
Conference, the Southeastern Conference, the Atlantic Coast
Conference, and the Big 12 Conference, or any successors to
such conferences.
(16) Professional representation.--The term ``professional
representation'' means--
(A) representation provided by an athlete agent,
financial advisor, or collective representative; and
(B) legal representation provided by an attorney.
(17) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
SEC. 3. COLLEGE ATHLETE'S NAME, IMAGE, AND LIKENESS RIGHTS.
(a) Right To Receive Compensation for Name, Image, and Likeness.--
An intercollegiate athletic association (in this Act referred to as an
``IAA''), conference, or institution may not--
(1) restrict a college athlete from receiving compensation
for the use of the name, image, or likeness of such college
athlete; or
(2) take adverse action against a college athlete because
the college athlete receives compensation for the use of the
name, image, or likeness of such college athlete.
(b) Right to Representation.--An IAA, conference, or institution
may not--
(1) restrict a college athlete from obtaining professional
representation; or
(2) take adverse action against a college athlete because
the college athlete obtained professional representation.
(c) Right to Privacy.--
(1) In general.--An IAA, conference, or institution may not
require a college athlete to disclose the terms of a name,
image, and likeness (in this Act referred to as ``NIL'')
agreement.
(2) Voluntary disclosure.--If a college athlete voluntarily
discloses the terms of an NIL agreement to an IAA, conference,
or institution, that IAA, conference, or institution may not
disclose the terms of the agreement to a third-party without
the express written consent of the college athlete.
(d) Right to Transparent Agreements.--A name, image, and likeness
agreement under which a college athlete is provided compensation in an
amount greater than $600 shall be voidable by the athlete if such
agreement does not satisfy the following:
(1) The agreement is in writing.
(2) The agreement contains the following:
(A) A description of any services to be rendered
under the agreement.
(B) The names of the parties to the agreement.
(C) The term of the agreement.
(D) The amount of compensation to be provided to
the college athlete under the agreement.
(E) A provision specifying the circumstances or
events under which the agreement may be terminated due
to nonperformance of obligations by the college
athlete.
(F) A provision specifying that the college athlete
may terminate the agreement, notwithstanding any other
term described in the agreement, beginning immediately
after the date on which the college athlete is no
longer enrolled at any institution.
(G) The signature of the college athlete or, if the
college athlete is under the age of 18 years, the
signature of the parent or guardian of the college
athlete.
(e) International Athletes.--
(1) 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--
(A) by striking ``(i) an alien having'' and
inserting ``(i)(I) an alien having'';
(B) by redesignating clauses (ii) and (iii) as
subclauses (II) and (III), respectively;
(C) by striking the semicolon and inserting ``;
or''; and
(D) 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
current college athlete (as defined in section 2 of the College
Athletics Reform Act) qualified to pursue a full course of
study at an institution (as defined in section 2 of the College
Athletics Reform Act), and who seeks to enter the United States
temporarily and for the purpose of pursuing a course of study
at such an institution, that is approved by the Secretary of
Homeland Security, while also participating in intercollegiate
athletics, which institution shall have agreed to report to the
Secretary of Homeland Security the termination of attendance of
each nonimmigrant student, and if any such institution fails to
make reports promptly the approval shall be withdrawn;''.
(2) 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 Athletics Reform
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.''.
(f) Enforcement.--
(1) Enforcement by federal trade commission.--
(A) Unfair or deceptive acts or practices.--A
violation of this section (other than the amendments
made by subsection (e)) shall be treated as a violation
of a regulation under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B))
regarding unfair or deceptive acts or practices.
(B) Powers of commission.--The Federal Trade
Commission shall enforce this section 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 section. Any person who
violates such section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act.
(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 Federal Trade
Commission, the Federal Trade Commission shall also
enforce this section 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.
(2) Actions by states.--In any case in which the attorney
general of a State, or an official or agency of a State, has
reason to believe that an interest of the residents of such
State has been or is threatened or adversely affected by an act
or practice in violation of this Act, the State, as parens
patriae, may bring a civil action on behalf of the college
athletes enrolled at an institution of the State in an
appropriate district court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with this section;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(3) Private right of action.--
(A) In general.--Any college athlete or group of
college athletes injured by a violation of this section
may bring a civil action against an IAA, conference, or
institution for such violation in the appropriate
United States district court to receive appropriate
relief, including preliminary and other equitable or
declaratory relief and actual damages.
(B) Costs and fees.--In an action brought under
this paragraph, a court may award court costs and
attorney's fees to the prevailing plaintiff.
(g) Preemption.--The provisions of this section shall preempt any
provision of a State law, rule, regulation, requirement, standard, or
other provision having the force and effect of law that conflicts with
a provision of this section. Nothing in this section shall be construed
to prohibit a State from enacting a law, rule, or regulation that
provides more expansive rights to college athletes than the rights
provided by the provisions of this section.
SEC. 4. REGULATING SPORTS AGENTS.
(a) Updates to Sports Agent Responsibility and Trust Act.--The
Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is
amended--
(1) in section 3--
(A) in subsection (a)--
(i) by redesignating paragraphs (2) and (3)
as paragraphs (5) and (6), respectively; and
(ii) by inserting after paragraph (1) the
following:
``(2) charge a student athlete a fee with respect to an
endorsement contract that is in an amount that is greater than
4 percent of the amount of the compensation provided to such
student athlete under such contract;
``(3) represent a student athlete for an endorsement
contract without the athlete agent first registering as an
agent with a State and certifying to an athletic association
governing the intercollegiate sport the student athlete
participates in that the athlete agent is registered with a
State;
``(4) enter into an agency contract with a student athlete
that does not include a provision specifying that the student
athlete may terminate the agency contract, notwithstanding any
other term described in the agency contract, beginning on the
date that is immediately after the date on which the student
athlete is no longer enrolled at any institution (as defined in
section 2 of the College Athletics Reform Act);''; and
(B) in subsection (b)(3), by striking ``Warning to
Student Athlete: If you agree orally or in writing to
be represented by an agent now or in the future you may
lose your eligibility to compete as a student athlete
in your sport.'' and inserting ``Notice to Student
Athlete:''; and
(2) in section 8, by striking ``Uniform Athlete Agents Act
of 2000'' and inserting ``Revised Uniform Athlete Agents Act''.
(b) Federal Trade Commission Study.--
(1) Study.--The Federal Trade Commission shall conduct a
study to analyze the impacts of establishing a program,
administered by an entity independent of any institution,
conference, or intercollegiate athletic association, to develop
standards for, certify as compliant with such standards, and
otherwise regulate athlete agents who enter into agreements
with college athletes, which shall include an analysis of--
(A) options for establishing such a program;
(B) potential sources of funding for such a
program;
(C) a reasonable timeline for establishing such a
program; and
(D) the costs and benefits associated with such a
program.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall
submit to Congress a report on the results of the study
conducted under