Sens. Blumenthal, Ricketts introduce NIL bill for international athletes

On the same day Sen. Richard Blumenthal (D-CT) chaired the Senate Judiciary Committee’s hearing on NIL and college sports, he introduced a bill that could reshape name, image and likeness space for international athletes.

Working with Sen. Pete Ricketts (R-NE), the two filed the bipartisan “Name, Image, and Likeness for International Collegiate Athletes Act” on Tuesday. A short, three-page bill, if enacted would allow international athletes to access NIL opportunities at the college level. One of the most narrow NIL bills filed to date, it has the best chance of moving forward compared to the expansive drafts introduced this summer.

Near the closing of Tuesday’s legislative hearing, which was the 10th since 2020 on NIL and college sports, Blumenthal asked each witness if they would support a bill addressing international athletes’ publicity rights. All answered yes, supporting idea.

“Some of you may be aware that international students are treated differently than American citizens who are college athletes,” Blumenthal said Tuesday. “I’ve raised this issue of foreign student-athletes being able to benefit from their NIL with [Homeland Security] Secretary [Alejandro] Mayorkas, actually in this room before the Judiciary Committee. The current visa system puts those athletes at risk of losing their legal status here if they earn any NIL money. In my view, this kind of discrimination is deeply unfair to them and demonstratively outdated.”

Blumenthal and Ricketts have now moved forward with the legislation. Under the current structure, F-1 visas used by most international students have restrictions on employment which do not accommodate NIL deals.

Current student visas explicitly bar athletes from working while studying and playing in the U.S. There are around 20,000 international athletes at high schools and colleges across the nation who are in the same bind. Most U.S. visa regulations have not been updated since 1986, a few of them since 1996. 

The list of international athletes who have had their NIL marketability altered because of the current visa restrictions is lengthy. Oscar Tshiebwe filmed all his NIL content for the 2022-23 season when Kentucky made its preseason trip to the Bahamas last year. UConn’s Adama Sanogo partnered with Sunoco after the national title — he fulfilled the activation requirements in international waters.

In a release from Rickett’s office, he listed six current college athletes in Nebraska who are facing similar hurdles:

• Jaz Shelley, of Australia, Nebraska women’s basketball
• Keisei Tominaga, of Japan, Nebraska men’s basketball
• Nouredin Nouili, of Germany, Nebraska football
• Francisco Farabello, of Argentina, Creighton men’s basketball
• Ana Paula Martinez, of Mexico, Creighton women’s tennis
• Andrine Weslie, of Norway, Creighton women’s Soccer

Nebraska athletic director Trev Alberts backs legislation

Congress has not been able to produce much movement on an NIL mandate. Most bills have been expansive, with some addressing the transfer portal and the employment issue. There is little consensus among Democrats and Republicans on specifics that bills should entail. Republicans generally seek a more narrowly tailored bill. Democrats are pushing for broad reform.

The bipartisan legislation introduced Tuesday by Blumenthal and Ricketts could be an anomaly, though. Addressing such a specific topic, it should be widely supported.

It’s already gained support from Ricketts’ home state. Nebraska athletic director Trev Alberts released a statement with the bill’s announcement voicing his support.

“I applaud the efforts of Sen. Ricketts and Sen. Blumenthal to bring forward a bipartisan NIL bill on behalf of international student-athletes,” the former Nebraska linebacker said. “Nebraska Athletics has a long history of successful student-athletes from around the globe in many of our sports programs, and we support any efforts to enhance the student-athlete experience. This bill would provide our international student-athletes with the same opportunities to monetize their name, image, and likeness as other student-athletes.”

Added Creighton athletic director Marcus Blossom: “I support this bill and believe international student-athletes should be able to monetize their name, image and likeness just as domestic student-athletes can without affecting their F-1 status or the benefits associated with being an F-1 student.”