119-hr3847

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3847 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3847

 To protect the name, image, and likeness rights of student athletes, 
 and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 9, 2025

Mrs. McClain (for herself and Ms. Bynum) introduced the following bill; 
which was referred to the Committee on Education and Workforce, and in 
 addition to the Committee on Energy and Commerce, 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 student athletes, 
 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Student-athlete 
Protections and Opportunities through Rights, Transparency, and Safety 
Act'' or the ``SPORTS Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Protection of name, image, and likeness rights of student 
 athletes.

Sec. 4. Modifications to Sports Agent Responsibility and Trust Act.

Sec. 5. Roles of conferences and interstate intercollegiate athletic 
 associations.

Sec. 6. Determination of NIL market value.

Sec. 7. Eligibility for certain Department of Education funding.

Sec. 8. Limitation on liability.

Sec. 9. Preemption.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Compensation.--The term ``compensation''--
        (A) means any form of payment or remuneration, 
 whether provided through cash, benefits, awards, or 
 other means, including payments for--
            (i) licenses relating to, or the use of, 
 name, image, and likeness rights; or
            (ii) licenses relating to, or the use of, 
 any other Federal or State intellectual or 
 intangible property right; and
        (B) does not include--
            (i) grants-in-aid;
            (ii) Federal Pell Grants and other Federal 
 or State grants unrelated to and not awarded 
 with regard to participation in intercollegiate 
 athletic competitions;
            (iii) health insurance and payments for the 
 costs of health care, including health 
 insurance and payments for the costs of health 
 care wholly or partly self-funded by an 
 institution, conference, or interstate 
 intercollegiate athletic association;
            (iv) disability and loss-of-value 
 insurance, including disability and loss-of-
 value insurance that is wholly or partly self-
 funded by an institution, conference, or 
 interstate intercollegiate athletic 
 association;
            (v) career counseling, job placement 
 services, and other guidance available to all 
 students at an institution;
            (vi) payment of hourly wages and benefits 
 for work actually performed (and not for 
 participation in intercollegiate athletic 
 competitions) at a rate commensurate with the 
 going rate in the relevant locality for similar 
 work; or
            (vii) any program to connect student 
 athletes with employers and facilitate 
 employment opportunities, if--
            (I) the financial terms of such 
 employment opportunities are consistent 
 with the terms offered to similarly 
 situated individuals who are not 
 student athletes; and
            (II) such program is not used to 
 induce a student athlete to attend a 
 particular institution.

    (2) Conference.--The term ``conference'' means an entity 
 that--
        (A) exclusively has as members 2 or more 
 institutions; and
        (B) arranges championships and sets rules with 
 respect to intercollegiate athletic competitions for 
 members.

    (3) Cost of attendance.--The term ``cost of attendance''--
        (A) has the meaning given such term in 

section 472 
 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); 
 and
        (B) is calculated by the financial aid office of an 
 institution using the same standards, policies, and 
 procedures for all students.

    (4) Grant-in-aid.--The term ``grant-in-aid'' means a 
 scholarship, grant, stipend, or other form of financial 
 assistance, including the provision of tuition, room, board, 
 books, or funds for fees or personal expenses, that--
        (A) is paid or provided by an institution to a 
 student for the undergraduate or graduate course of 
 study of the student; and
        (B) is in an amount that does not exceed the cost 
 of attendance for such student at the institution.

    (5) Image.--The term ``image'' means, with respect to a 
 student athlete, a picture or video that identifies, is linked 
 to, or is reasonably linked to such student athlete.

    (6) 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).

    (7) Intercollegiate athletic competition.--The term 
 ``intercollegiate athletic competition'' means any contest, 
 game, meet, match, tournament, regatta, or other event in which 
 varsity sports teams of more than 1 institution compete.

    (8) Interstate intercollegiate athletic association.--The 
 term ``interstate intercollegiate athletic association'' 
 means--
        (A) any entity organized in the United States 
 that--
            (i) sponsors or arranges intercollegiate 
 athletic competitions between institutions and 
 conferences;
            (ii) sets common rules, standards, 
 procedures, or guidelines for the 
 administration of intercollegiate athletic 
 competitions; and
            (iii) is composed of 2 or more conferences 
 with member institutions located in more than 1 
 State; and
        (B) does not include an entity affiliated with 
 professional athletic competitions.

    (9) Likeness.--The term ``likeness'' means, with respect to 
 a student athlete, a physical or digital depiction or 
 representation that identifies, is linked to, or is reasonably 
 linked to such student athlete.

    (10) Name.--The term ``name'' means, with respect to a 
 student athlete, the first or last name, or the nickname, of 
 such student athlete if used in a context that identifies, is 
 linked to, or is reasonably linked to such student athlete.

    (11) Name, image, and likeness agreement.--The term ``name, 
 image, and likeness agreement'' means a contract or similar 
 agreement between a student athlete and a third party regarding 
 the commercial use of the name, image, or likeness of the 
 student athlete.

    (12) Name, image, and likeness rights.--The term ``name, 
 image, and likeness rights'' means rights recognized under 
 Federal or State law that allow an individual to control and 
 profit from the commercial use of the name, image, and likeness 
 of such individual, including all rights commonly referred to 
 as ``publicity rights''.

    (13) NIL representation.--The term ``NIL representation''--
        (A) means representation of a student athlete by an 
 individual or entity with respect to a name, image, and 
 likeness agreement; and
        (B) does not include such representation if carried 
 out by an immediate family member of the student 
 athlete.

    (14) Student athlete.--The term ``student athlete'' means 
 an individual who--
        (A) is enrolled at an institution; and
        (B) participates in a varsity sports team of such 
 institution.

    (15) Third party.--The term ``third party''--
        (A) means any individual or entity that licenses 
 name, image, and likeness rights from any current or 
 prospective student athlete or any group of such 
 athletes; and
        (B) does not include an institution, conference, or 
 interstate intercollegiate athletic association.

    (16) Varsity sports team.--The term ``varsity 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 purpose of participation in 
 intercollegiate athletic competitions.

SEC. 3. PROTECTION OF NAME, IMAGE, AND LIKENESS RIGHTS OF STUDENT 
 ATHLETES.

    (a) Right To Enter Into Name, Image, and Likeness Agreements.--

    (1) In general.--Except as provided in paragraph

    (2) , no 
 institution, conference, or interstate intercollegiate athletic 
 association may restrict the ability of a student athlete to 
 enter into a name, image, and likeness agreement.

    (2) Exceptions.--An institution, conference, or interstate 
 intercollegiate athletic association may restrict the 
 eligibility of a student athlete for intercollegiate athletic 
 competitions if such student athlete enters into a name, image, 
 and likeness agreement that--
        (A) violates the code of student conduct of the 
 institution at which the student athlete is enrolled;
        (B) negatively impacts the reputation or public 
 image of such institution; or
            (C) conflicts with the terms of an existing 
 contract or agreement of such institution.

    (3) Disclosure.--
        (A) In general.--Not later than 60 days after the 
 date on which a student athlete enters into a name, 
 image, and likeness agreement, such student athlete 
 shall disclose the terms of such agreement to the 
 institution at which such student athlete is enrolled.
        (B) Release of information.--Except as provided in 
 

section 6, an institution may not release any 
 information provided by a student athlete in a 
 disclosure provided under subparagraph
        (A) without the 
 express written consent of such student athlete or the 
 NIL representation of the student athlete.

    (b) Right to Representation.--No institution, conference, or 
interstate intercollegiate athletic association may prohibit the 
participation of a student athlete in an intercollegiate athletic 
competition, or events relating to an intercollegiate athletic 
competition, on the basis that the student athlete has obtained NIL 
representation.
            (c) Requirements for Name, Image, and Likeness Agreements.--A name, 
image, and likeness agreement is void from the inception of such 
agreement if such agreement does not satisfy the following 
requirements:

    (1) The agreement is in writing.

    (2) The agreement contains--
        (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 relevant student athlete under the agreement; and
        (E) a provision specifying under what circumstances 
 or events the agreement may be terminated on account of 
 non-performance of obligations by the relevant student 
 athlete.

SEC. 4. MODIFICATIONS 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

    (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

    (2) by adding at the end the following:

``

SEC. 9. DISCLOSURE AND CONSENT RELATING TO NAME, IMAGE, AND LIKENESS 
 AGREEMENTS.

 ``

    (a) In General.--An athlete agent who assists a student athlete 
with an endorsement contract shall disclose to the student athlete--
 ``

    (1) whether the athlete agent is registered with an 
 interstate intercollegiate athletic association (as defined in 
 

section 2 of the SPORTS Act); and
 ``

    (2) if registered with such an association, whether such 
 association has as a member the institution (as defined in 
 

section 2 of the SPORTS Act) at which the student athlete is 
 enrolled.
 ``

    (b) Consent.--In the case of an athlete agent that is not 
registered with an interstate intercollegiate athletic association (as 
defined in 

section 2 of the SPORTS Act), the athlete agent may only 
assist a student athlete with an endorsement contract if such student 
athlete (or, in the case of a student athlete who is under 18 years of 
age, the parent or guardian of such student athlete) provides to the 
athlete agent written consent for such assistance after receiving a 
written disclosure from the athlete agent that the athlete agent is not 
registered with such an association.''.

SEC. 5. ROLES OF CONFERENCES AND INTERSTATE INTERCOLLEGIATE ATHLETIC 
 ASSOCIATIONS.

    (a) Requirements.--Each interstate intercollegiate athletic 
association shall--

    (1) establish a process by which an individual or entity 
 seeking to represent a student athlete with respect to a name, 
 image, and likeness agreement may register with such interstate 
 intercollegiate athletic association for purposes of NIL 
 representation; and

    (2) establish and maintain a publicly accessible, 
 searchable database to assist student athletes and the NIL 
 representation of such athletes to estimate the fair market 
 value for name, image, and likeness agreements based on the 
 information provided under 

section 6.

    (b) Other Roles.--Each conference or interstate intercollegiate 
athletic association may--

    (1) establish and enforce rules relating to--
        (A) the manner and timing for the recruitment of an 
 athlete before and during the period of eligibility of 
 such athlete for intercollegiate athletic competitions; 
 and
        (B) the transfer of student athletes between 
 institutions, including prohibiting or limiting 
 compensation to student athletes by institutions and 
 conferences for the purposes of inducing a student 
 athlete to transfer institutions;

    (2) provide student athletes and the parents and guardians 
 of student athletes with educational materials relating to 
 name, image, and likeness rights;

    (3) organize championships; and

    (4) establish bylaws governing membership under which a 
 conference or interstate intercollegiate athletic association 
 may, if in compliance with this Act--
        (A) remove member institutions;
        (B) restrict participation in intercollegiate 
 athletic competitions for institutions or student 
 athletes; and
            (C) restrict eligibility of student athletes for 
 intercollegiate athletic competitions.

SEC. 6. DETERMINATION OF NIL MARKET VALUE.

    (a) Disclosure Requirements.--

    (1) In general.--Not later than July 1 of the first year 
 beginning after the date of the enactment of this Act, and 
 annually thereafter, each institution shall provide, in an 
 anonymized manner, to any interstate intercollegiate athletic 
 association of which such institution is a member the following 
 data with respect to each name, image, and likeness agreement 
 disclosed to the institution under 

section 3

    (a)

    (3) during the 
 preceding year:
        (A) A description of services rendered by the 
 student athlete under such agreement.
        (B) The amount of compensation to be provided to 
 the student athlete under such agreement.

    (2) Protection of personally identifiable information.--In 
 providing data under paragraph

    (1) , an institution shall ensure 
 that no personally identifiable information of a student 
 athlete is transmitted.

    (b) Database.--

    (1) In general.--Data provided to an interstate 
 intercollegiate athletic association under subsection

    (a) shall 
 be used by such association to establish and maintain a 
 publicly accessible, searchable database for student athletes 
 and the NIL representation of such athletes to estimate the 
 fair market value for name, image, and likeness agreements.

    (2) Privacy.--An interstate intercollegiate athletic 
 association shall take reasonable measures to ensure that data 
 available in the database described in paragraph

    (1) is unable 
 to be used to identify a student athlete.

SEC. 7. ELIGIBILITY FOR CERTAIN DEPARTMENT OF EDUCATION FUNDING.

    (a) In General.--An institution is not eligible for any Federal 
funding made available by the Department of Education unless such 
institution satisfies the requirements of this section, including any 
requirement included in a regulation promulgated under subsection

    (e) .

    (b) Education and Training.--An institution shall provide, to each 
student athlete who receives a grant-in-aid from such institution in 
relation to participation in a varsity sports team, education and 
training with respect to the following:

    (1) Career preparation.

    (2) Financial literacy.

    (3) Mental health.

    (4) Name, image, and likeness opportunities.

    (5) Nutrition.

    (6) Sexual violence prevention.

    (7) Strength and conditioning.

    (8) The process for transferring to another institution.
            (c) Medical Care.--For the 4-year period beginning on the date on 
which an individual graduates or otherwise separates from an 
institution in which such individual was enrolled, such institution 
shall pay all the medical costs of such individual in relation to any 
injury of such individual that occurred--

    (1) while the individual was a student athlete at such 
 institution; and

    (2) as a result of participation in a varsity sports team.
            (d) Grants-in-Aid.--An institution that provides a grant-in-aid to 
a student athlete in relation to participation in a varsity sports 
team--

    (1) may not reduce the amount of or cancel such grant-in-
 aid for any reason relating to--
        (A) athletic ability or performance;
        (B) contribution to team success;
            (C) injury;
            (D) physical or mental illness; or
        (E) roster management decisions; and

    (2) during the 10-year period beginning on the date on 
 which such grant-in-aid is initially agreed to by such 
 institution, shall make such grant-in-aid available to such 
 student athlete for purposes of degree completion without 
 regard to whether such student athlete continues to participate 
 in a varsity sports team.

    (e) Regulations.--The Secretary of Education may promulgate, in 
accordance with 

section 553 of title 5, United States Code, such 
regulations as may be necessary to carry out this section.

    (f) Applicability.--This section shall apply with respect to 
Federal funding made available on or after the date that is 1 year 
after the date of the enactment of this Act.

SEC. 8. LIMITATION ON LIABILITY.

 An institution, conference, or interstate intercollegiate athletic 
association that complies with this Act, including the amendments made 
by this Act, may not be treated as violating any law or regulation, and 
may not be subject to liability under any law or regulation, on the 
basis of--

    (1) the adoption of, agreement to, enforcement of, or 
 compliance with any rule or bylaw of an institution, 
 conference, or interstate intercollegiate athletic association 
 that limits or prohibits a student athlete from receiving 
 compensation from an institution, conference, or interstate 
 intercollegiate athletic association;

    (2) a restriction on the eligibility, with respect to 
 intercollegiate athletic competitions, of a student athlete who 
 violates a rule of an institution, conference, or interstate 
 intercollegiate athletic association that is reasonably 
 contemplated under this Act; or

    (3) compliance with any agreement, understanding, rule, or 
 bylaw adopted by an institution, conference, or interstate 
 intercollegiate athletic association that is reasonably 
 contemplated under this Act.

SEC. 9. PREEMPTION.

    (a) In General.--No State or political subdivision of a State may 
enforce any law, regulation, rule, requirement, or standard that--

    (1) conflicts with this Act, including any amendments made 
 by this Act; or

    (2) governs or regulates, with respect to intercollegiate 
 athletic competitions or varsity sports teams, the 
 compensation, employment status, or eligibility of a student 
 athlete, including any law, regulation, rule, requirement, or 
 standard that governs or regulates the commercial use of the 
 name, image, or likeness of a student athlete.

    (b) Student Athletes Not Employees.--Notwithstanding any other 
provision of law, a student athlete may not be considered an employee 
of an institution, conference, or interstate intercollegiate athletic 
association, on the basis of the participation of such student athlete 
in a varsity sports team.
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