College Athlete Economic Freedom Act
The College Athlete Economic Freedom Act creates a comprehensive federal framework to establish and regulate name, image, and likeness (NIL) rights for college athletes. It aims to let athletes market their NIL without school-imposed limits, authorize collective representation to negotiate contracts, and require equitable support and transparency from institutions and NIL collectives. The bill also updates immigration rules to accommodate international college athletes engaging in NIL activities, and it provides a federal enforcement and remedies regime (FTC oversight, private lawsuits, and antitrust treatment) to enforce the new rights. Additionally, it authorizes annual federal grants to study how NIL monetization is playing out in practice and to address any disparities. In short, if enacted, the bill would federalize NIL rights for college athletes, streamline how athletes can work with agents and collectives, require data-driven oversight of NIL activity, and create specific immigration and employment rules for international athletes to participate in NIL markets.
Key Points
- 1Right to market NIL: Colleges and intercollegiate associations may not block individual or group marketing of a college athlete’s name, image, or likeness, and they cannot collude to limit payments except as negotiated with a collective representative.
- 2Collective representation and group licensing: Athletes can form or join collectives to negotiate contracts for NIL use; institutions must not interfere with such representation. Group promotions (e.g., media rights) require a license from the involved athletes, with advance notice about how their NIL will be used and how revenues will be shared.
- 3Equitable support and reporting: Institutional NIL collectives must provide equitable marketing support to all athletes, register with the FTC, and keep and report detailed, disaggregated data (by gender, race, and sport) on NIL activity and revenue; annual reports to the FTC are required.
- 4Enforcement and remedies: Violations of NIL rights can be enforced by the Federal Trade Commission, with a private right of action for individuals harmed, and violations treated as per se violations of the Sherman Antitrust Act. The act also prohibits waivers of these rights outside specific collective bargaining contexts.
- 5International athletes and immigration: The bill expands eligibility for certain nonimmigrant international student-athletes to engage in NIL activities and be paid for them, with employment authorization tied to these activities. It also revises visa rules to accommodate participation in intercollegiate athletics alongside NIL marketing, under reporting and employment authorization provisions.