H.R. 7403

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7403 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7403

To prohibit foreign investment in relation to name, image, and likeness 
agreements, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 5, 2026

Mr. Moore of Utah (for himself and Mr. Veasey) introduced the following 
bill; which was referred to the Committee on Education and Workforce, 
and in addition to the Committee on Foreign Affairs, 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 prohibit foreign investment in relation to name, image, and likeness 
agreements, 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 ``No Foreign NIL Funds Act''.

SEC. 2. FOREIGN INVESTMENT IN NIL AGREEMENTS.

(a) Prohibited Compensation.--Any national or entity of a foreign 
country may not provide, regardless of value, a covered entity with a 
benefit or a contribution (monetary or in-kind) in relation to a name, 
image, and likeness agreement.
(b) Transparency Requirement.--Any covered entity solicited by an 
entity under subsection (a) in relation to a name, image, and likeness 
agreement shall document with the Attorney General and the Secretary of 
Education such solicitation attempts.
(c) Authority To Investigate Institutions.--
(1) In general.--The Attorney General, in coordination with 
the Secretary of Education, shall investigate suspected 
violations of subsections (a) and (b) by institutions of higher 
education.
(2) Notice; appeal.--In the case that the Attorney General, 
in coordination with the Secretary of Education, determines 
that an institution of higher education is in violation of the 
requirements of subsection (a) or (b)--
(A) the Attorney General shall notify the 
institution of such determination not later than 30 
days after such determination is made; and
(B) the institution may appeal such determination 
by filing an appeal with the Office of Hearings and 
Appeals of the Department of Education.
(d) Program Participation Agreement.--Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094) is amended by adding at the end 
the following:
``(30)(A) The institution will comply with the requirements 
of the No Foreign NIL Funds Act.
``(B) The institution certifies that the institution has in 
effect a policy to--
``(i) prohibit student athletes who violate the 
requirements of the No Foreign NIL Funds Act from 
participating in intercollegiate athletics at the 
institution for a 1-year period;
``(ii) notify students who have committed to 
participate in a varsity sports team of the 
requirements of such Act and of the prohibition 
described in clause (i); and
``(iii) annually notify student athletes of the 
requirements of such Act and of the prohibition 
described in clause (i).
``(C) In the case of an institution described in 
subparagraph (D), the institution will--
``(i) be ineligible to participate in the programs 
authorized by this title; and
``(ii) in order to regain eligibility to 
participate in such programs, submit to the Attorney 
General and the Secretary of Education a report 
detailing compliance with all the requirements of such 
Act, including the divestment of any prohibited funds.
``(D) An institution described in this subparagraph is an 
institution that--
``(i) the Attorney General, in consultation with 
the Secretary of Education, determines to be in 
violation of section 2 of the No Foreign NIL Funds Act 
pursuant to section 2(c) of such Act; and
``(ii) in the case of an institution that appealed 
such determination pursuant to section 2(c)(2)(B) of 
such Act, was unsuccessful in appealing such 
determination.''.
(e) Penalties for Covered Entities.--A covered entity who commits a 
violation of this section shall be subject to the penalties imposed 
under subsections (b) and (c) of section 206 of the International 
Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent that 
such penalties apply to a person that commits an unlawful act described 
in section 206(a) of that Act.

SEC. 3. PROHIBITION ON CERTAIN STATE-CONTROLLED INVESTMENTS IN 
COLLEGIATE ATHLETICS REVENUE STREAMS.

(a) Prohibition.--No institution of higher education, athletic 
conference, media rights distributor, or bowl or post-season football 
organization may--
(1) enter into, renew, or maintain any contract, 
partnership, joint venture, naming-rights agreement, 
sponsorship, or media-rights arrangement that involves direct 
or indirect financing, ownership, or material participation by 
a foreign country; or
(2) engage in covered activities with a foreign country.
(b) Disclosure Requirement.--Any person subject to subsection (a) 
shall annually disclose all contracts and ownership information for any 
entity of a foreign country that provides such person with financial 
consideration for covered activities to the Secretary of the Treasury, 
in coordination with the Committee on Foreign Investment in the United 
States, and the Secretary of Education.
(c) Civil Penalty.--A person who commits a violation of this 
section shall be subject to the penalties imposed under section 206(b) 
of the International Emergency Economic Powers Act (50 U.S.C. 1705) to 
the same extent that such penalties apply to a person that commits an 
unlawful act described in section 206(a) of that Act.

SEC. 4. DEFINITIONS.

In this Act:
(1) Athletic conference.--The term ``athletic conference'' 
means any organization that is not an athletic association and 
that--
(A) has 2 or more institutions of higher education 
as members; and
(B) arranges championships for college athletic 
competition or sets rules for college athletic 
competition.
(2) Bowl or post-season football organization.--The term 
``bowl or post-season football organization'' means any legal 
entity, association, partnership, or other organization that 
contracts with one or more institutions of higher education or 
athletic conferences for the purpose of administering, 
organizing, producing, promoting, or broadcasting post-season 
intercollegiate football competitions recognized by the 
National Collegiate Athletic Association or its successor, 
including the College Football Playoff.
(3) Covered activities.--The term ``covered activities'' 
means any activity generating or affecting revenue in 
intercollegiate athletics in relation to the National 
Collegiate Athletic Association Division I men's or women's 
athletic programs, including--
(A) the naming rights to conferences, post-season 
events, or athletic facilities;
(B) the sale or licensing of broadcast or streaming 
media rights;
(C) a conference-wide or institutional sponsorship 
agreement;
(D) a joint venture or capital investment related 
to athletic media, data, or a content platform; and
(E) an amateur athletic competition, contest, 
tournament, or match (both competitive or exhibition).
(4) Covered entity.--The term ``covered entity'' means any 
of the following:
(A) An institution of higher education.
(B) A student athlete.
(C) An organization, collective, booster group, 
agent, or any other entity that solicits, receives, or 
manages funds on behalf of, in affiliation with, or 
under the direction of an institution of higher 
education (including an athletic department or varsity 
sports team of such institution) for the purpose of 
funding, or creating or identifying opportunities 
relating to, name, image, and likeness agreements for 
the student athletes of such institution.
(5) Entity of a foreign country.--The term ``entity of a 
foreign country'' means a corporation, partnership, 
association, or organization--
(A) supervised, directed, owned, controlled, 
financed, or subsidized, in whole or in part, by a 
foreign country; and
(B) not organized under or created by the laws of 
the United States or of any State or other place 
subject to the jurisdiction of the United States and 
does not have its principal place of business within 
the United States.
(6) Foreign country.--The term ``foreign country'' means 
any country except the following:
(A) A country that is a member of the North 
Atlantic Treaty Organization.
(B) Australia.
(C) New Zealand.
(D) Ireland.
(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).
(8) Media rights distributor.--The term ``media rights 
distributor'' means any entity, including a broadcast network, 
cable network, streaming service, digital platform, satellite 
service, or other distributor, that acquires, licenses, 
sublicenses, or otherwise controls rights to transmit, stream, 
broadcast, exhibit, or publicly distribute college athletic 
competitions or related content.
(9) Name, image, and likeness agreement.--The term ``name, 
image, and likeness agreement'' means a contract or similar 
agreement under which a student 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 student athlete.
(10) National of a foreign country.--The term ``national of 
a foreign country'' means any individual who is a citizen of a 
foreign country but is not a citizen of or alien lawfully 
admitted for permanent residence in the United States of 
America.
(11) Student athlete.--The term ``student athlete'' means 
an individual who--
(A) is enrolled at an institution of higher 
education; and
(B) participates in a varsity sports team of such 
institution.
(12) Varsity sports team.--The term ``varsity sports team'' 
means an entity composed of an individual or group of 
individuals enrolled at an institution of higher education that 
is organized by such institution for the purpose of 
participation in intercollegiate athletic competitions.
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