[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