[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4312 Reported in House (RH)]
<DOC>
Union Calendar No. 226
119th CONGRESS
1st Session
H. R. 4312
[Report No. 119-270, Parts I and II]
To protect the name, image, and likeness rights of student athletes and
to promote fair competition with respect to intercollegiate athletics,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2025
Mr. Bilirakis (for himself, Ms. Bynum, Mr. Guthrie, Mr. Walberg, Mr.
Jordan, Mr. Figures, Mrs. McClain, Mr. Fitzgerald, and Mr. Fry)
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
September 11, 2025
Additional sponsors: Mr. Williams of Texas, Mr. Westerman, Mr. Flood,
Mr. Cuellar, Mr. Vicente Gonzalez of Texas, Mr. Gooden, Mr. Suozzi, Mr.
Carter of Georgia, Mr. Haridopolos, Mr. Cline, Mr. Barr, Mr. Grothman
and Ms. Plaskett
September 11, 2025
Deleted sponsor: Mr. Moskowitz (added September 10, 2025; deleted
September 11, 2025)
September 11, 2025
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 11, 2025
Reported from the Committee on Education and Workforce with an
amendment, committed to the Committee of the Whole House on the State
of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
[For the text of introduced bill, see copy of bill as introduced on
July 10, 2025]
_______________________________________________________________________
A BILL
To protect the name, image, and likeness rights of student athletes and
to promote fair competition with respect to intercollegiate athletics,
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 ``Student Compensation and Opportunity
through Rights and Endorsements Act'' or the ``SCORE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agent.--The term ``agent'' means an individual who
receives compensation to represent a student athlete with
respect to--
(A) a name, image, and likeness agreement; or
(B) another agreement for compensation related to
the participation of such student athlete on a varsity
sports team.
(2) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in the 1st section of the Clayton Act
(15 U.S.C. 12) and includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such section 5
applies to unfair methods of competition.
(3) Associated entity or individual.--The term ``associated
entity or individual'' means, with respect to an institution,
each of the following:
(A) An entity that is known or should be known to
the employees of the athletic department of such
institution to exist, in significant part, for the
purpose of--
(i) promoting or supporting the varsity
sports teams or student athletes of such
institution; or
(ii) creating or identifying opportunities
relating to name, image, and likeness
agreements solely for the student athletes of
such institution.
(B) An individual who is or has been a member,
employee, director, officer, owner, or other
representative of an entity described in subparagraph
(A).
(C) An individual who directly or indirectly
(including through contributions by an entity
affiliated with such individual or an immediate family
member of such individual) has contributed more than
$50,000 (as adjusted on July 1 each year by the
percentage increase (if any), during the preceding 12-
month period, in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics)
over the lifetime of the individual to the athletic
programs of such institution or to an entity described
in subparagraph (A).
(D) An individual or entity who--
(i) is directed or requested by the
employees of the athletic department of such
institution to assist in the recruitment or
retention of prospective student athletes or
student athletes, respectively; or
(ii) otherwise assists in such recruitment
or retention.
(E) Any entity (other than a publicly traded
corporation) owned, controlled, operated by, or
otherwise affiliated with an individual or entity
described in subparagraph (A), (B), (C), or (D).
(4) College sports revenue.--The term ``college sports
revenue'' means any revenue (without regard to ownership or
legal title to such revenue) received by an institution with
respect to intercollegiate athletics--
(A) from the sale of admission to intercollegiate
athletic competitions or any other event involving a
varsity sports team, including actual monetary revenue
received by or for the benefit of such institution for
a suite license (unless such suite license is
associated with philanthropy or any purpose not related
to intercollegiate athletic competitions, including a
concert);
(B) from participation by the varsity sports teams
of such institution in intercollegiate athletic
competitions held at other institutions, including
payments received due to cancellations of such
intercollegiate athletic competitions;
(C) for radio, television, internet, digital, and
e-commerce rights, including revenue relating to media
rights distributed by a conference to members of the
conference, if applicable;
(D) from an interstate intercollegiate athletic
association, including any grant, distribution of
revenue, reimbursement relating to travel with respect
to a championship of such interstate intercollegiate
athletic association, and payment for hosting such a
championship;
(E) generated by a post-season football bowl,
including any distribution of revenue by a conference
to members of the conference and any other payment
related to the participation of such institution in
such post-season football bowl, including for ticket
sales and reimbursement of expenses;
(F) from a conference, other than any revenue
otherwise described in this paragraph;
(G) for sponsorships, licensing agreements,
advertisements, royalties, and in-kind products and
services as part of a sponsorship agreement; or
(H) relating to any additional form of revenue,
including fundraising, an interstate intercollegiate
athletic association uses with respect to the pool
limit of such interstate intercollegiate athletic
association.
(5) Compensation.--The term ``compensation''--
(A) means, with respect to a student athlete or a
prospective student athlete, any form of payment or
remuneration, whether provided through cash, benefits,
awards, or any 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
athletics;
(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 athletics) at
a rate commensurate with the going rate in the
locality of an institution for similar work;
(vii) academic awards paid to student
athletes by institutions;
(viii) provision of financial literacy or
tax education resources and guidance; or
(ix) 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 employees who are not student
athletes; and
(II) such program is not used to
induce a student athlete to attend a
particular institution.
(6) Conference.--The term ``conference'' means an entity
that--
(A) has as members 2 or more institutions;
(B) arranges regular season intercollegiate
athletic competitions and championships for such
members; and
(C) sets rules with respect to such intercollegiate
athletic competitions and championships.
(7) Cost of attendance.--The term ``cost of attendance''
has the meaning given such term in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
(8) 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 at the institution for such student.
(9) Image.--The term ``image'' means, with respect to a
student athlete, a picture or a video that identifies, is
linked to, or is reasonably linkable to such student athlete.
(10) Institution.--The term ``institution'' has the meaning
given the term ``institution of higher education'' in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(11) 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.
(12) Intercollegiate athletics.--The term ``intercollegiate
athletics''--
(A) means the varsity sports teams for which the
length of time a student athlete is eligible to
participate and the academic standards for
participation are established by a conference or an
interstate intercollegiate athletic association; and
(B) does not include any recreational, intramural,
or club teams.
(13) Interstate intercollegiate athletic association.--The
term ``interstate intercollegiate athletic association''
means--
(A) any entity that--
(i) sets common rules, standards,
procedures, or guidelines for the
administration and regulation of varsity sports
teams and intercollegiate athletic
competitions;
(ii) is composed of 2 or more institutions
or conferences located in more than 1 State;
and
(iii) has rules or bylaws prohibiting the
provision of prohibited compensation to student
athletes and prospective student athletes; and
(B) does not include any entity affiliated with
professional athletic competitions.
(14) 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
linkable to such student athlete.
(15) Name.--The term ``name'' means, with respect to a
student athlete, the first, middle, or last name, or the
nickname or former name, of such student athlete if used in a
context that identifies, is linked to, or is reasonably
linkable to such student athlete.
(16) 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.
(17) 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''.
(18) Pool limit.--The term ``pool limit'' means a dollar
amount based on college sports revenue that--
(A) is calculated and published by an interstate
intercollegiate athletic association pursuant to the
rules the interstate intercollegiate athletic
association establishes under section 6; and
(B) serves as the annual maximum amount that an
institution that is a member of such interstate
intercollegiate athletic association may provide, in
total, to student athletes of such institution,
including in the form of a name, image, and likeness
agreement or direct payment.
(19) Prohibited compensation.--The term ``prohibited
compensation'' means--
(A) compensation (including an agreement for
compensation) to a student athlete from an associated
entity or individual of the institution at which the
student athlete is enrolled (or to a prospective
student athlete from an associated entity or individual
of an institution for which the prospective student
athlete is being recruited) for any license or use of
the name, image, and likeness rights of such student
athlete or prospective student athlete (or any other
license or use), unless the license or use is for a
valid business purpose related to the promotion or
endorsement of goods or services provided to the
general public for profit, with compensation at rates
and terms commensurate with compensation paid to
individuals with name, image, and likeness rights of
comparable value who are not student athletes or
prospective student athletes with respect to such
institution; and
(B) compensation to a student athlete (or a
prospective student athlete) if such compensation is
paid by or on behalf of the institution at which the
student athlete is enrolled (or for which the
prospective student athlete is being recruited) and
results in the exceeding of the pool limit established
by the interstate intercollegiate athletic association
of which such institution is a member.
(20) Prospective student athlete.--The term ``prospective
student athlete'' means an individual who is solicited to
enroll at an institution by, or at the direction of, an
employee or an associated entity or individual of the
institution in order for such individual to participate in a
varsity sports team of such institution.
(21) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(22) Student athlete.--The term ``student athlete'' means
an individual who--
(A) is enrolled or has agreed to enroll at an
institution; and
(B) participates in a varsity sports team of such
institution.
(23) 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.--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.--
(A) Prohibited compensation.--Paragraph (1) does
not apply with respect to a name, image, and likeness
agreement to the extent such agreement provides
prohibited compensation.
(B) Codes of conduct and conflicting agreements.--
Notwithstanding paragraph (1), an institution may
restrict the ability of a student athlete of such
institution (including a prospective student athlete
who has agreed to attend such institution) to enter
into a name, image, and likeness agreement that--
(i) violates the code of conduct of such
institution; or
(ii) conflicts with the terms of a contract
or similar agreement to which such institution
is a party.
(b) Right to Representation.--Except as provided by this Act, no
institution, conference, or interstate intercollegiate athletic
association may restrict the ability of a student athlete to obtain an
agent.
(c) Right to Privacy.--Except as provided by this Act, no
institution, conference, or interstate intercollegiate athletic
association may release information with respect to a name, image, and
likeness agreement without the express written consent of any student
athlete who is a party to such agreement.
(d) Right to Transparent Agreements.--A name, image, and likeness
agreement under which a student athlete is provided compensation in an
amount greater than $600 shall be considered void from the inception of
such agreement if such agreement does not satisfy the following:
(1) The agreement is in writing.
(2) The agreement contains the following:
(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 student athlete under the agreement.
(E) A provision specifying the circumstances or
events under which the agreement may be terminated due
to non-performance of obligations by the student
athlete.
(F) A provision specifying that the student athlete
may terminate the agreement, notwithstanding any other
term described in the agreement, beginning on the date
that is 6 months after the date on which the student
athlete is no longer enrolled at any institution.
(G) The signature of the student athlete or, if the
student athlete is under the age of 18 years, the
signature of the parent or guardian of the student
athlete.
(e) Actions by States.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to believe
that an interest of the residents of such State has been or is
threatened or adversely affected by an act or practice in violation of
this section, the State, as parens patriae, may bring a civil action on
behalf of the residents of the State in an appropriate State court or
an appropriate district court of the United States to--
(1) enjoin such act or practice;
(2) enforce compliance with this section;
(3) obtain damages, restitution, or other compensation on
behalf of residents of the State; or
(4) obtain such other legal and equitable relief as the
court may consider to be appropriate.
SEC. 4. 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(a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) charge a student athlete a fee with respect to an
endorsement contract that is in an amount that is greater than
5 percent of the amount of the compensation provided to such
student athlete under such contract;
``(3) enter into an agency contract with a student athlete
that does not include a provision specifying that the student
athlete may terminate the agency contract, notwithstanding any
other term described in the agency contract, beginning on the
date that is 6 months after the date on which the student
athlete is no longer enrolled at any institution (as defined in
section 2 of the SCORE Act);'';
(2) 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 inserting
``Notice to Student Athlete:''; and
(3) 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 in writing to the student
athlete--
``(1) whether the athlete agent is registered with an
interstate intercollegiate athletic association (as defined in
section 2 of the SCORE Act); and
``(2) if the athlete agent is registered with an interstate
intercollegiate athletic association, whether the athlete agent
is registered with the interstate intercollegiate athletic
association that has as a member the institution (as defined in
section 2 of the SCORE Act) at which the student athlete is
enrolled.
``(b) Consent.--In the case of an athlete agent who is not
registered with an interstate intercollegiate athletic association, the
athlete agent may only assist a student athlete with an endorsement
contract if the student athlete (or, in the case of a student athlete
who is under 18 years of age, the parent or guardian of the student
athlete) provides to the athlete agent written consent for such
assistance after receiving the disclosure under subsection (a).
``(c) Enforcement.--
``(1) In general.--If an attorney general of a State has
reason to believe that an interest of the residents of that
State has been or is threatened or adversely affected by the
engagement of any athlete agent in a practice that violates
this section, the attorney general may bring a civil action
pursuant to section 5 in the same manner as the attorney
general may bring a civil action with respect to a violation of
section 3.
``(2) Sole authority.--No individual or entity other than
an attorney general of a State may enforce this section.
``(3) No federal notice necessary.--Subsections (a)(2),
(b), and (d) of section 5 do not apply to an action brought by
an attorney general of a State pursuant to this subsection.''.
SEC. 5. REQUIREMENTS APPLICABLE TO CERTAIN INSTITUTIONS.
(a) Requirements.--An institution described in subsection (c)
shall--
(1) provide comprehensive academic support and career
counseling services to student athletes that include life
skills development programs with respect to--
(A) mental health, including alcohol and substance
abuse;
(B) strength and conditioning;
(C) nutrition;
(D) name, image, and likeness rights, including
related legal advice;
(E) financial literacy, including taxes;
(F) career readiness and counseling;
(G) the process for transferring between
institutions; and
(H) sexual violence prevention;
(2) provide medical and health benefits to student athletes
that include--
(A) medical care, including payment of out-of-
pocket expenses, for an injury of a student athlete
incurred during the involvement of such student athlete
in intercollegiate athletics for such institution that
is available to the student athlete during the period
of enrollment of the student athlete with such
institution and a period of at least 3 years following
graduation or separation from such institution (unless
such separation is due to violation of a code of
conduct);
(B) mental health services and support, including
mental health educational materials and resources;
(C) an administrative structure that provides
independent medical care, including with respect to
decisions regarding return to play; and
(D) a certification of insurance coverage for
medical expenses resulting from injuries of student
athletes incurred during the involvement of such
student athletes in intercollegiate athletics for such
institution;
(3) maintain a grant-in-aid provided to a student athlete
in relation to the involvement of such student athlete in
intercollegiate athletics during the period of that grant-in-
aid for such institution without regard to--
(A) athletic performance;
(B) contribution to team success;
(C) injury, illness, or physical or mental
condition; or
(D) receipt of compensation pursuant to a name,
image, and likeness agreement;
(4) provide a degree completion program--
(A) for each former student athlete of such
institution who received a grant-in-aid from such
institution and did not graduate from such institution;
and
(B) that provides financial aid to such former
student athlete in an amount that is based on the
average annual grant-in-aid provided to such former
student athlete during the period that such former
student athlete participated on a varsity sports team
of the institution; and
(5) establish, not later than July 1, 2027, and thereafter
maintain, at least 16 varsity sports teams.
(b) Collaboration.--An institution may carry out subsection (a) in
conjunction with a conference or interstate intercollegiate athletic
association.
(c) Applicability.--An institution is described in this subsection
if any member of the coaching staff of a varsity sports team of such
institution earns more than $250,000 in base salary annually (as
adjusted on July 1 each year by the percentage increase (if any),
during the preceding 12-month period, in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor Statistics).
SEC. 6. ROLES OF INTERSTATE INTERCOLLEGIATE ATHLETIC ASSOCIATIONS.
(a) Authority to Establish Rules.--An interstate intercollegiate
athletic association is authorized to establish and enforce rules with
respect to--
(1) requiring a student athlete or prospective student
athlete to disclose, in a timely manner, the terms of a name,
image, and likeness agreement entered into by such student
athlete;
(2) establishing and implementing a process to collect and
publicly share aggregated and anonymized data related to the
name, image, and likeness agreements of student athletes
(without regard to whether such an agreement includes an
institution as a party to the agreement);
(3) prohibited compensation, including processes for
dispute resolution and penalties, if such rules provide that a
student athlete does not lose eligibility to compete in
intercollegiate athletic competitions while a process for
dispute resolution is ongoing;
(4) setting parameters for the manner in which and the time
period during which student athletes and prospective student
athletes may be recruited for intercollegiate athletics;
(5) calculating a pool limit, if such rules provide that
such pool limit is at least 22 percent of the average annual
college sports revenue of the 70 highest earning (with respect
to such revenue) member institutions of such interstate
intercollegiate athletic association (or, if such interstate
intercollegiate athletic association has fewer than 70 members,
the average annual college sports revenue of all members), and
monitoring payments of compensation related to such pool limit;
(6) setting parameters for the manner in which a student
athlete may transfer between institutions, if such rules
provide that--
(A) on at least 1 occasion each student athlete may
transfer between institutions and be immediately
eligible to participate on a varsity sports team of the
institution to which the student athlete transfers (if
academically eligible to participate); and
(B) an institution to which a student athlete is
transferring or is considering transferring shall
provide to such student athlete, at the request of such
student athlete, in writing and at a reasonable time
prior to completion of the transfer, a notice of the
previously earned academic credits of such student
athlete that such institution will accept, including
with respect to the program of study of such student
athlete;
(7) the length of time a student athlete is eligible to
participate in intercollegiate athletics and the academic
standards to be eligible to participate in intercollegiate
athletics;
(8) establishing and implementing a process, including a
database, with respect to agent registration, including--
(A) setting qualifications to be registered as an
agent;
(B) setting parameters for the ability of member
institutions to negotiate with agents who are not
registered under such process; and
(C) limiting the amount of the compensation under a
name, image, and likeness agreement between a student
athlete and an institution that may be provided to the
agent of such student athlete to not more than 5
percent of such compensation;
(9) the membership of, and participation in, such
interstate intercollegiate athletic association (including any
championships administered by such interstate intercollegiate
athletic association), under which such interstate
intercollegiate athletic association may establish membership
qualifications, remove members, and otherwise regulate
participation; and
(10) intercollegiate athletic competitions and playing
seasons, including rules with respect to season length, maximum
number of contests, and student athlete time demands (whether
during a playing season or outside of such season).
(b) Requirements.--
(1) Authority conditioned on compliance.--An interstate
intercollegiate athletic association is only authorized to
establish and enforce rules under subsection (a) if such
interstate intercollegiate athletic association is in
compliance with this subsection and section 3.
(2) Governance structure.--An interstate intercollegiate
athletic association (except for an interstate intercollegiate
athletic association that is also a conference) shall carry out
the following:
(A) Ensure that the membership of any board,
committee, or other similar body of such interstate
intercollegiate athletic association, if tasked with a
decision-making role (including a decision-making role
with respect to establishing or enforcing a rule under
section 6(a)), satisfies the following:
(i) Not less than 20 percent of the members
of the board, committee, or body are
individuals who are student athletes or were
student athletes at any point during the
preceding 10-year period, with--
(I) men and women equally
represented with respect to such
individuals; and
(II) each such individual
participating in or having participated
in a different sport.
(ii) Not less than 30 percent of the
members of the board, committee, or body
represent institutions that are not among the
70 highest earning member institutions of such
interstate intercollegiate athletic association
with respect to annual college sports revenue.
(B) Establish a council to serve as the primary
deliberative body of the interstate intercollegiate
athletic association and that is--
(i) responsible for developing proposals
with respect to policy; and
(ii) composed of individuals who represent
each conference that is a member of such
interstate intercollegiate athletic
association.
SEC. 7. LIABILITY LIMITATION.
(a) In General.--Adoption of, agreement to, compliance with, or
enforcement of any rule, regulation, requirement, standard, or other
provision established pursuant to, or in compliance with, section 6 of
this Act shall be treated as lawful under the antitrust laws and any
similar State provision having the force and effect of law.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to limit or otherwise affect any provision of law, including
any provision of Federal or State law or the common law, other than the
antitrust laws and any similar State provision having the force and
effect of law.
SEC. 8. EMPLOYMENT STANDING.
Notwithstanding any other provision of Federal or State law, no
individual may be considered an employee of an institution, a
conference, or an interstate intercollegiate athletic association based
on the participation of such individual on a varsity sports team or in
an intercollegiate athletic competition as a student athlete, without
regard to the existence of rules or requirements for being a member of
such team or for participating in such competition.
SEC. 9. STUDENT ATHLETIC FEES.
(a) Transparency Requirements.--
(1) Information dissemination activities.--Section
485(a)(1)(E) of the Higher Education Act of 1965 (20 U.S.C.
1092(a)(1)(E)) is amended by inserting ``(including the amount
of such fees used to support intercollegiate athletic
programs)'' after ``and fees''.
(2) Data required.--
(A) In general.--Section 485(g) of the Higher
Education Act of 1965 (20 U.S.C. 1092(g)) is amended--
(i) in paragraph (1), by adding at the end
the following:
``(K) With respect to fees charged to students to
support intercollegiate athletic programs--
``(i) the total amount of such fees charged
to students;
``(ii) the uses of such fees with respect
to facilities, operating expenses,
scholarships, payments to athletes, salaries of
coaches and support staff, and any other
expenses reported under this paragraph; and
``(iii) the percentage of the total cost of
such programs covered by such fees.''; and
(ii) in paragraph (3)--
(I) by striking the period at the
end and inserting ``; and'';
(II) by striking ``that all
students'' and inserting the following:
``that--
``(A) all students''; and
(III) by adding at the end the
following:
``(B) with respect to the information described in
paragraph (1)(K), the institution shall annually
publish such information on a publicly available
website of the institution not later than October 15
following the end of each fiscal year of the
institution.''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect and apply beginning
on July 1, 2026.
(b) Restricting Student Fees for High-Media-Rights-Revenue
Institutions.--
(1) Media rights revenues.--Section 485(g)(1)(I)(ii) of the
Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)(I)(ii)) is
amended by striking ``broadcast revenues'' and inserting
``media rights revenues (including revenues from broadcasting,
streaming, or digital distribution of intercollegiate athletic
events)''.
(2) Program participation agreements.--Section 487(a) of
the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended
by adding at the end the following:
``(30) In the case of an institution that, for the most
recently completed fiscal year, had annual media rights
revenues (as described in section 485(g)(1)(I)(ii)) of
$50,000,000 or more, the institution will not, for the fiscal
year immediately following such fiscal year, use student fees
to support intercollegiate athletic programs, including with
respect to facilities, operating expenses (as defined in
section 485(g)), scholarships, payments to athletes, salaries
of coaches and support staff, and any other expenses reported
under section 485(g)(1).''.
(3) Effective date.--The amendments made by this subsection
shall take effect and apply beginning on July 1, 2026.
SEC. 10. PREEMPTION.
(a) In General.--No State, or political subdivision of a State, may
maintain, enforce, prescribe, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law that conflicts with this Act, including the
amendments made by this Act, and that--
(1) governs or regulates the compensation, payment,
benefits, or employment status of a student athlete (including
a prospective student athlete) with respect to participation in
intercollegiate athletics, including any law, rule, regulation,
requirement, standard, or other provision that--
(A) relates to the right of a student athlete to
receive compensation or other payments or benefits
directly or indirectly from any institution, associated
entity or individual, conference, or interstate
intercollegiate athletic association; or
(B) relates to the length of time a student athlete
is eligible to participate in intercollegiate athletics
or the academic standards to be eligible to participate
in intercollegiate athletics;
(2) limits or restricts a right provided to an institution,
a conference, or an interstate intercollegiate athletic
association under this Act; or
(3) requires a release of or license to use the name,
image, and likeness rights of any individual participant, or
group of participants, in an intercollegiate athletic
competition (or an individual spectator or group of spectators
at an intercollegiate athletic competition) for purposes of
audio-visual, audio, or visual broadcasts or other
distributions of such intercollegiate athletic competition.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to--
(1) relieve any person of liability under a State law of
general applicability that does not conflict with this Act,
including the amendments made by this Act; or
(2) relieve any person of liability under common law.
SEC. 11. REPORTS.
(a) Federal Trade Commission Study.--
(1) Study.--The Federal Trade Commission shall conduct a
study to analyze the impacts of establishing a program,
administered by an entity independent of any institution,
conference, or interstate intercollegiate athletic association,
to develop standards for, certify as compliant with such
standards, and otherwise regulate agents who enter into
agreements with student athletes, which shall include an
analysis of--
(A) options for establishing such a program;
(B) potential sources of funding for such a
program;
(C) a reasonable timeline for establishing such a
program; and
(D) the costs and benefits associated with such a
program.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall
submit to Congress a report on the results of the study
conducted under paragraph (1), which shall include legislative
recommendations with respect to the establishment and funding
of the program described in such paragraph.
(b) Compliance Reporting.--
(1) Biennial report.--Not later than 180 days after the
date of the enactment of this Act, and every 2 years
thereafter, each interstate intercollegiate athletic
association shall submit to Congress a report that includes--
(A) a summary of the issues faced by such
interstate intercollegiate athletic association
relating to compliance with this Act, including the
amendments made by this Act;
(B) a summary of the trends among institutions,
conferences, and interstate intercollegiate athletic
associations relating to such compliance; and
(C) recommendations to improve the health, safety,
and educational opportunities of student athletes.
(2) Comptroller general report.--Not later than 5 years
after the date of the enactment of this Act, and every 5 years
thereafter, the Comptroller General of the United States
shall--
(A) conduct an investigation with respect to
compliance with this Act, including the amendments made
by this Act; and
(B) submit to Congress a report that includes--
(i) a summary of the findings of the
investigation conducted under subparagraph (A);
and
(ii) recommendations to improve the health,
safety, and educational opportunities of
student athletes.
(c) Study on Olympic Sports.--
(1) In general.--The Comptroller General of the United
States shall conduct a study--
(A) to assess the impact of this Act on Olympic
Sports, including the funding of Olympic Sports; and
(B) to develop recommendations for support of
Olympic Sports, given the unique nature of Olympic
Sports and intercollegiate athletics in the United
States.
(2) Contents.--The study conducted under paragraph (1)
shall include--
(A) a survey of international models of support for
Olympic Sports, including models that could be adapted
to the unique nature of Olympic Sports and
intercollegiate athletics in the United States;
(B) the projected scale and magnitude of potential
support for Olympic Sports, given historic levels of
support provided by institutions;
(C) the coordination required to develop and
cultivate Olympic Sports at institutions; and
(D) an analysis of the trends with respect to
roster sizes for Olympic Sports at institutions, with a
focus on the top 70 highest earning institutions with
respect to average annual college sports revenue.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the results of the
study conducted under paragraph (1).
(4) Olympic sports defined.--In this subsection, the term
``Olympic Sports'' means the sports officially recognized and
contested during the Summer and Winter Olympic Games.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Compensation and Opportunity
through Rights and Endorsements Act'' or the ``SCORE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agent.--The term ``agent'' means an individual who
receives compensation to represent a student athlete with
respect to--
(A) a name, image, and likeness agreement; or
(B) another agreement for compensation related to
the participation of such student athlete on a varsity
sports team.
(2) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in the 1st section of the Clayton Act
(15 U.S.C. 12) and includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such section 5
applies to unfair methods of competition.
(3) Associated entity or individual.--The term ``associated
entity or individual'' means, with respect to an institution,
each of the following:
(A) An entity that is known or should be known to
the employees of the athletic department of such
institution to exist, in significant part, for the
purpose of--
(i) promoting or supporting the varsity
sports teams or student athletes of such
institution; or
(ii) creating or identifying opportunities
relating to name, image, and likeness
agreements solely for the student athletes of
such institution.
(B) An individual who is or has been a member,
employee, director, officer, owner, or other
representative of an entity described in subparagraph
(A).
(C) An individual who directly or indirectly
(including through contributions by an entity
affiliated with such individual or an immediate family
member of such individual) has contributed more than
$50,000 (as adjusted on July 1 each year by the
percentage increase (if any), during the preceding 12-
month period, in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics)
over the lifetime of the individual to the athletic
programs of such institution or to an entity described
in subparagraph (A).
(D) An individual or entity who--
(i) is directed or requested by the
employees of the athletic department of such
institution to assist in the recruitment or
retention of prospective student athletes or
student athletes, respectively; or
(ii) otherwise assists in such recruitment
or retention.
(E) Any entity (other than a publicly traded
corporation) owned, controlled, operated by, or
otherwise affiliated with an individual or entity
described in subparagraph (A), (B), (C), or (D).
(4) College sports revenue.--The term ``college sports
revenue'' means any revenue (without regard to ownership or
legal title to such revenue) received by an institution with
respect to intercollegiate athletics--
(A) from the sale of admission to intercollegiate
athletic competitions or any other event involving a
varsity sports team, including actual monetary revenue
received by or for the benefit of such institution for
a suite license (unless such suite license is
associated with philanthropy or any purpose not related
to intercollegiate athletic competitions, including a
concert);
(B) from participation by the varsity sports teams
of such institution in intercollegiate athletic
competitions held at other institutions, including
payments received due to cancellations of such
intercollegiate athletic competitions;
(C) for radio, television, internet, digital, and
e-commerce rights, including revenue relating to media
rights distributed by a conference to members of the
conference, if applicable;
(D) from an interstate intercollegiate athletic
association, including any grant, distribution of
revenue, reimbursement relating to travel with respect
to a championship of such interstate intercollegiate
athletic association, and payment for hosting such a
championship;
(E) generated by a post-season football bowl,
including any distribution of revenue by a conference
to members of the conference and any other payment
related to the participation of such institution in
such post-season football bowl, including for ticket
sales and reimbursement of expenses;
(F) from a conference, other than any revenue
otherwise described in this paragraph;
(G) for sponsorships, licensing agreements,
advertisements, royalties, and in-kind products and
services as part of a sponsorship agreement; or
(H) relating to any additional form of revenue,
including fundraising, an interstate intercollegiate
athletic association uses with respect to the pool
limit of such interstate intercollegiate athletic
association.
(5) Compensation.--The term ``compensation''--
(A) means, with respect to a student athlete or a
prospective student athlete, any form of payment or
remuneration, whether provided through cash, benefits,
awards, or any 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
athletics;
(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 athletics) at
a rate commensurate with the going rate in the
locality of an institution for similar work;
(vii) academic awards paid to student
athletes by institutions;
(viii) provision of financial literacy or
tax education resources and guidance; or
(ix) 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 employees who are not student
athletes; and
(II) such program is not used to
induce a student athlete to attend a
particular institution.
(6) Conference.--The term ``conference'' means an entity
that--
(A) has as members 2 or more institutions;
(B) arranges regular season intercollegiate
athletic competitions and championships for such
members; and
(C) sets rules with respect to such intercollegiate
athletic competitions and championships.
(7) Cost of attendance.--The term ``cost of attendance''
has the meaning given such term in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
(8) 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 at the institution for such student.
(9) Image.--The term ``image'' means, with respect to a
student athlete, a picture or a video that identifies, is
linked to, or is reasonably linkable to such student athlete.
(10) Institution.--The term ``institution'' has the meaning
given the term ``institution of higher education'' in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(11) 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.
(12) Intercollegiate athletics.--The term ``intercollegiate
athletics''--
(A) means the varsity sports teams for which the
length of time a student athlete is eligible to
participate and the academic standards for
participation are established by a conference or an
interstate intercollegiate athletic association; and
(B) does not include any recreational, intramural,
or club teams.
(13) Interstate intercollegiate athletic association.--The
term ``interstate intercollegiate athletic association''
means--
(A) any entity that--
(i) sets common rules, standards,
procedures, or guidelines for the
administration and regulation of varsity sports
teams and intercollegiate athletic
competitions;
(ii) is composed of 2 or more institutions
or conferences located in more than 1 State;
and
(iii) has rules or bylaws prohibiting the
provision of prohibited compensation to student
athletes and prospective student athletes; and
(B) does not include any entity affiliated with
professional athletic competitions.
(14) 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
linkable to such student athlete.
(15) Name.--The term ``name'' means, with respect to a
student athlete, the first, middle, or last name, or the
nickname or former name, of such student athlete if used in a
context that identifies, is linked to, or is reasonably
linkable to such student athlete.
(16) 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.
(17) 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''.
(18) Pool limit.--The term ``pool limit'' means a dollar
amount based on college sports revenue that--
(A) is calculated and published by an interstate
intercollegiate athletic association pursuant to the
rules the interstate intercollegiate athletic
association establishes under section 6; and
(B) serves as the annual maximum amount that an
institution that is a member of such interstate
intercollegiate athletic association may provide, in
total, to student athletes of such institution,
including in the form of a name, image, and likeness
agreement or direct payment.
(19) Prohibited compensation.--The term ``prohibited
compensation'' means--
(A) compensation (including an agreement for
compensation) to a student athlete from an associated
entity or individual of the institution at which the
student athlete is enrolled (or to a prospective
student athlete from an associated entity or individual
of an institution for which the prospective student
athlete is being recruited) for any license or use of
the name, image, and likeness rights of such student
athlete or prospective student athlete (or any other
license or use), unless the license or use is for a
valid business purpose related to the promotion or
endorsement of goods or services provided to the
general public for profit, with compensation at rates
and terms commensurate with compensation paid to
individuals with name, image, and likeness rights of
comparable value who are not student athletes or
prospective student athletes with respect to such
institution; and
(B) compensation to a student athlete (or a
prospective student athlete) if such compensation is
paid by or on behalf of the institution at which the
student athlete is enrolled (or for which the
prospective student athlete is being recruited) and
results in the exceeding of the pool limit established
by the interstate intercollegiate athletic association
of which such institution is a member.
(20) Prospective student athlete.--The term ``prospective
student athlete'' means an individual who is solicited to
enroll at an institution by, or at the direction of, an
employee or an associated entity or individual of the
institution in order for such individual to participate in a
varsity sports team of such institution.
(21) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(22) Student athlete.--The term ``student athlete'' means
an individual who--
(A) is enrolled or has agreed to enroll at an
institution; and
(B) participates in a varsity sports team of such
institution.
(23) 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.--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.--
(A) Prohibited compensation.--Paragraph (1) does
not apply with respect to a name, image, and likeness
agreement to the extent such agreement provides
prohibited compensation.
(B) Codes of conduct and conflicting agreements.--
Notwithstanding paragraph (1), an institution may
restrict the ability of a student athlete of such
institution (including a prospective student athlete
who has agreed to attend such institution) to enter
into a name, image, and likeness agreement that--
(i) violates the code of conduct of such
institution; or
(ii) conflicts with the terms of a contract
or similar agreement to which such institution
is a party.
(b) Right to Representation.--Except as provided by this Act, no
institution, conference, or interstate intercollegiate athletic
association may restrict the ability of a student athlete to obtain an
agent.
(c) Right to Privacy.--Except as provided by this Act, no
institution, conference, or interstate intercollegiate athletic
association may release information with respect to a name, image, and
likeness agreement without the express written consent of any student
athlete who is a party to such agreement.
(d) Right to Transparent Agreements.--A name, image, and likeness
agreement under which a student athlete is provided compensation in an
amount greater than $600 shall be considered void from the inception of
such agreement if such agreement does not satisfy the following:
(1) The agreement is in writing.
(2) The agreement contains the following:
(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 student athlete under the agreement.
(E) A provision specifying the circumstances or
events under which the agreement may be terminated due
to non-performance of obligations by the student
athlete.
(F) A provision specifying that the student athlete
may terminate the agreement, notwithstanding any other
term described in the agreement, beginning on the date
that is 6 months after the date on which the student
athlete is no longer enrolled at any institution.
(G) The signature of the student athlete or, if the
student athlete is under the age of 18 years, the
signature of the parent or guardian of the student
athlete.
(e) Actions by States.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to believe
that an interest of the residents of such State has been or is
threatened or adversely affected by an act or practice in violation of
this section, the State, as parens patriae, may bring a civil action on
behalf of the residents of the State in an appropriate State court or
an appropriate district court of the United States to--
(1) enjoin such act or practice;
(2) enforce compliance with this section;
(3) obtain damages, restitution, or other compensation on
behalf of residents of the State; or
(4) obtain such other legal and equitable relief as the
court may consider to be appropriate.
SEC. 4. 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 inserting
``Notice to Student Athlete:''; 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 in writing to the student
athlete--
``(1) whether the athlete agent is registered with an
interstate intercollegiate athletic association (as defined in
section 2 of the SCORE Act); and
``(2) if the athlete agent is registered with an interstate
intercollegiate athletic association, whether the athlete agent
is registered with the interstate intercollegiate athletic
association that has as a member the institution (as defined in
section 2 of the SCORE Act) at which the student athlete is
enrolled.
``(b) Consent.--In the case of an athlete agent who is not
registered with an interstate intercollegiate athletic association, the
athlete agent may only assist a student athlete with an endorsement
contract if the student athlete (or, in the case of a student athlete
who is under 18 years of age, the parent or guardian of the student
athlete) provides to the athlete agent written consent for such
assistance after receiving the disclosure under subsection (a).
``(c) Enforcement.--
``(1) In general.--If an attorney general of a State has
reason to believe that an interest of the residents of that
State has been or is threatened or adversely affected by the
engagement of any athlete agent in a practice that violates
this section, the attorney general may bring a civil action
pursuant to section 5 in the same manner as the attorney
general may bring a civil action with respect to a violation of
section 3.
``(2) Sole authority.--No individual or entity other than
an attorney general of a State may enforce this section.
``(3) No federal notice necessary.--Subsections (a)(2),
(b), and (d) of section 5 do not apply to an action brought by
an attorney general of a State pursuant to this subsection.''.
SEC. 5. REQUIREMENTS APPLICABLE TO CERTAIN INSTITUTIONS.
(a) Requirements.--An institution described in subsection (c)
shall--
(1) provide comprehensive academic support and career
counseling services to student athletes that include life
skills development programs with respect to--
(A) mental health, including alcohol and substance
abuse;
(B) strength and conditioning;
(C) nutrition;
(D) name, image, and likeness rights;
(E) access to legal and tax services provided by
entities other than an institution;
(F) financial literacy;
(G) career readiness and counseling;
(H) the process for transferring between
institutions; and
(I) sexual violence prevention and consequences;
(2) provide medical and health benefits to student athletes
that include--
(A) medical care, including payment of out-of-
pocket expenses, for an injury of a student athlete
incurred during the involvement of such student athlete
in intercollegiate athletics for such institution that
is available to such student athlete during the period
of enrollment of such student athlete with such
institution and a period of at least 3 years following
graduation or separation from such institution (unless
such separation is due to violation of a code of
conduct);
(B) mental health services and support, including
mental health educational materials and resources;
(C) an administrative structure that provides
independent medical care, including with respect to
decisions regarding return to play; and
(D) a certification of insurance coverage for
medical expenses resulting from injuries of student
athletes incurred during the involvement of such
student athletes in intercollegiate athletics for such
institution;
(3) maintain a grant-in-aid provided to a student athlete
in relation to the involvement of such student athlete in
intercollegiate athletics during the period of that grant-in-
aid for such institution without regard to--
(A) athletic performance;
(B) contribution to team success;
(C) injury, illness, or physical or mental
condition; or
(D) receipt of compensation pursuant to a name,
image, and likeness agreement;
(4) provide degree completion assistance--
(A) for each former student athlete of such
institution--
(i) who received a grant-in-aid from such
institution;
(ii) who was a student athlete at such
institution on or after the date of enactment
of this Act and who ceased participating as a
student athlete for a reason other than a
reason described in clause (i) or (ii) of
subparagraph (D);
(iii) who has not received a bachelor's
degree (or an equivalent degree) from any
institution; and
(iv) for whom such institution is the last
institution such former student athlete
attended;
(B) that makes available to such former student
athlete, for the period described in subparagraph (C)
and subject to subparagraph (D), financial aid in an
annual amount that is equal to the average annual
grant-in-aid provided to such former student athlete
during the period that such former student athlete was
a student athlete at such institution;
(C) for the period beginning on the last date of
the final period of enrollment during which such former
student athlete was a student athlete at such
institution and ending on the date that such former
student athlete completes a bachelor's degree (or an
equivalent degree), not to exceed 7 years; and
(D) that prohibits a former student athlete from
receiving the financial aid described in subparagraph
(B) if such former student athlete--
(i) fails to meet the institution's
academic progress requirements for the degree
program; or
(ii) violates the institution's code of
conduct; and
(5) establish, not later than July 1, 2027, and thereafter
maintain, at least 16 varsity sports teams and, if a recipient
of Federal financial assistance, establish and maintain such
teams in accordance with section 106.41(c) of title 34, Code of
Federal Regulations (or successor regulations).
(b) Collaboration.--An institution may carry out subsection (a) in
conjunction with a conference or interstate intercollegiate athletic
association.
(c) Applicability.--An institution is described in this subsection
if such institution reports (as required under section 485(g) of the
Higher Education Act of 1965 (20 U.S.C. 1092(g))) having generated not
less than $20,000,000 (as adjusted on July 1 each year by the
percentage increase (if any), during the preceding 12-month period, in
the Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics) in total revenue derived by the institution
from the institution's intercollegiate athletics activities during the
preceding academic year, as determined in accordance with paragraph
(1)(I) of section 485(g) of the Higher Education Act of 1965 (20 U.S.C.
1092(g)), as amended by this Act.
(d) Program Participation Agreements.--Section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the
end the following:
``(30) In the case of an institution described in
subsection (c) of section 5 of the SCORE Act, the institution
will comply with subsection (a) of such section.''.
SEC. 6. ROLES OF INTERSTATE INTERCOLLEGIATE ATHLETIC ASSOCIATIONS.
(a) Authority to Establish Rules.--An interstate intercollegiate
athletic association is authorized to establish and enforce rules with
respect to--
(1) requiring a student athlete or prospective student
athlete to disclose, in a timely manner, the terms of a name,
image, and likeness agreement entered into by such student
athlete;
(2) establishing and implementing a process to collect and
publicly share aggregated and anonymized data related to the
name, image, and likeness agreements of student athletes
(without regard to whether such an agreement includes an
institution as a party to the agreement);
(3) prohibited compensation, including processes for
dispute resolution and penalties, if such rules provide that a
student athlete does not lose eligibility to compete in
intercollegiate athletic competitions while a process for
dispute resolution is ongoing;
(4) setting parameters for the manner in which and the time
period during which student athletes and prospective student
athletes may be recruited for intercollegiate athletics;
(5) calculating a pool limit, if such rules provide that
such pool limit is at least 22 percent of the average annual
college sports revenue of the 70 highest earning (with respect
to such revenue) member institutions of such interstate
intercollegiate athletic association (or, if such interstate
intercollegiate athletic association has fewer than 70 members,
the average annual college sports revenue of all members), and
monitoring payments of compensation related to such pool limit;
(6) setting parameters for the manner in which a student
athlete may transfer between institutions, if such rules
provide that--
(A) on at least 1 occasion each student athlete may
transfer between institutions and be immediately
eligible to participate on a varsity sports team of the
institution to which the student athlete transfers (if
academically eligible to participate); and
(B) an institution to which a student athlete is
transferring or is considering transferring shall
provide to such student athlete, at the request of such
student athlete, in writing and at a reasonable time
prior to completion of the transfer, a notice of the
previously earned academic credits of such student
athlete that such institution will accept, including
with respect to the program of study of such student
athlete;
(7) the length of time a student athlete is eligible to
participate in intercollegiate athletics and the academic
standards to be eligible to participate in intercollegiate
athletics;
(8) establishing and implementing a process, including a
database, with respect to agent registration, including--
(A) setting qualifications to be registered as an
agent;
(B) setting parameters for the ability of member
institutions to negotiate with agents who are not
registered under such process; and
(C) limiting the amount of the compensation under a
name, image, and likeness agreement between a student
athlete and an institution that may be provided to the
agent of such student athlete to not more than 5
percent of such compensation;
(9) the membership of, and participation in, such
interstate intercollegiate athletic association (including any
championships administered by such interstate intercollegiate
athletic association), under which such interstate
intercollegiate athletic association may establish membership
qualifications, remove members, and otherwise regulate
participation; and
(10) intercollegiate athletic competitions and playing
seasons, including rules with respect to season length, maximum
number of contests, and student athlete time demands (whether
during a playing season or outside of such season).
(b) Requirements.--
(1) Authority conditioned on compliance.--An interstate
intercollegiate athletic association is only authorized to
establish and enforce rules under subsection (a) if such
interstate intercollegiate athletic association is in
compliance with this subsection and section 3.
(2) Governance structure.--An interstate intercollegiate
athletic association (except for an interstate intercollegiate
athletic association that is also a conference) shall carry out
the following:
(A) Ensure that the membership of any board,
committee, or other similar body of such interstate
intercollegiate athletic association, if tasked with a
decision-making role (including a decision-making role
with respect to establishing or enforcing a rule under
section 6(a)), satisfies the following:
(i) Not less than 20 percent of the members
of the board, committee, or body are
individuals who are student athletes or were
student athletes at any point during the
preceding 10-year period, with--
(I) men and women equally
represented with respect to such
individuals; and
(II) each such individual
participating in or having participated
in a different sport.
(ii) Not less than 30 percent of the
members of the board, committee, or body
represent institutions that are not among the
70 highest earning member institutions of such
interstate intercollegiate athletic association
with respect to annual college sports revenue.
(B) Establish a council to serve as the primary
deliberative body of the interstate intercollegiate
athletic association and that is--
(i) responsible for developing proposals
with respect to policy; and
(ii) composed of individuals who represent
each conference that is a member of such
interstate intercollegiate athletic
association.
SEC. 7. TITLE IX.
Nothing in this Act, or the amendments made by this Act, may be
construed to limit or otherwise affect title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.).
SEC. 8. LIABILITY LIMITATION.
(a) In General.--Adoption of, agreement to, compliance with, or
enforcement of any rule, regulation, requirement, standard, or other
provision established pursuant to, or in compliance with, section 6 of
this Act shall be treated as lawful under the antitrust laws and any
similar State provision having the force and effect of law.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to limit or otherwise affect any provision of law, including
any provision of Federal or State law or the common law, other than the
antitrust laws and any similar State provision having the force and
effect of law.
SEC. 9. EMPLOYMENT STANDING.
Notwithstanding any other provision of Federal or State law, no
individual may be considered an employee of an institution, a
conference, or an interstate intercollegiate athletic association based
on the participation of such individual on a varsity sports team or in
an intercollegiate athletic competition as a student athlete, without
regard to the existence of rules or requirements for being a member of
such team or for participating in such competition.
SEC. 10. STUDENT ATHLETIC FEES.
(a) Transparency Requirements.--
(1) Information dissemination activities.--Section
485(a)(1)(E) of the Higher Education Act of 1965 (20 U.S.C.
1092(a)(1)(E)) is amended by inserting ``(including the amount
of such fees used to support intercollegiate athletic
programs)'' after ``and fees''.
(2) Data required.--
(A) In general.--Section 485(g) of the Higher
Education Act of 1965 (20 U.S.C. 1092(g)) is amended--
(i) in paragraph (1), by adding at the end
the following:
``(K) With respect to fees charged to students to
support intercollegiate athletic programs--
``(i) the total amount of such fees charged
to students;
``(ii) the uses of such fees with respect
to facilities, operating expenses,
scholarships, payments to athletes, salaries of
coaches and support staff, and any other
expenses reported under this paragraph; and
``(iii) the percentage of the total cost of
such programs covered by such fees.''; and
(ii) in paragraph (3)--
(I) by striking the period at the
end and inserting ``; and'';
(II) by striking ``that all
students'' and inserting the following:
``that--
``(A) all students''; and
(III) by adding at the end the
following:
``(B) with respect to the information described in
paragraph (1)(K), the institution shall annually
publish such information on a publicly available
website of the institution not later than October 15
following the end of each fiscal year of the
institution.''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect on July 1, 2026, and
shall apply with respect to academic year 2026-2027 and
each succeeding academic year.
(b) Restricting Student Fees for High-media-rights-revenue
Institutions.--
(1) Media rights revenues.--Section 485(g)(1)(I)(ii) of the
Higher Education Act of 1965 (20 U.S.C. 1092(g)(1)(I)(ii)) is
amended by striking ``broadcast revenues'' and inserting
``media rights revenues (including revenues from broadcasting,
streaming, or digital distribution of intercollegiate athletic
events)''.
(2) Program participation agreements.--Section 487(a) of
the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as
amended by this Act, is further amended by adding at the end
the following:
``(31)(A) Beginning in academic year 2028-2029, and each
succeeding academic year, the institution will determine the
average annual media rights revenue of such institution by
averaging the media rights revenues reported under section
485(g)(1)(I) for the second and third preceding academic years.
``(B) In the case of an institution with an average annual
media rights revenue of $50,000,000 or more, as determined
under subparagraph (A) for an academic year, the institution
will not, for the first academic year that begins after such
academic year, use student fees to support intercollegiate
athletic programs (including with respect to facilities,
operating expenses (as defined in section 485(g)(5)),
scholarships, payments to athletes, salaries of coaches and
support staff, and any other expenses reported under section
485(g)(1)).''.
SEC. 11. PREEMPTION.
(a) In General.--No State, or political subdivision of a State, may
maintain, enforce, prescribe, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law that conflicts with this Act, including the
amendments made by this Act, and that--
(1) governs or regulates the compensation, payment,
benefits, or employment status of a student athlete (including
a prospective student athlete) with respect to participation in
intercollegiate athletics, including any law, rule, regulation,
requirement, standard, or other provision that--
(A) relates to the right of a student athlete to
receive compensation or other payments or benefits
directly or indirectly from any institution, associated
entity or individual, conference, or interstate
intercollegiate athletic association; or
(B) relates to the length of time a student athlete
is eligible to participate in intercollegiate athletics
or the academic standards to be eligible to participate
in intercollegiate athletics;
(2) limits or restricts a right provided to an institution,
a conference, or an interstate intercollegiate athletic
association under this Act; or
(3) requires a release of or license to use the name,
image, and likeness rights of any individual participant, or
group of participants, in an intercollegiate athletic
competition (or an individual spectator or group of spectators
at an intercollegiate athletic competition) for purposes of
audio-visual, audio, or visual broadcasts or other
distributions of such intercollegiate athletic competition.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to--
(1) relieve any person of liability under a State law of
general applicability that does not conflict with this Act,
including the amendments made by this Act; or
(2) relieve any person of liability under common law.
SEC. 12. REPORTS.
(a) Federal Trade Commission Study.--
(1) Study.--The Federal Trade Commission shall conduct a
study to analyze the impacts of establishing a program,
administered by an entity independent of any institution,
conference, or interstate intercollegiate athletic association,
to develop standards for, certify as compliant with such
standards, and otherwise regulate agents who enter into
agreements with student athletes, which shall include an
analysis of--
(A) options for establishing such a program;
(B) potential sources of funding for such a
program;
(C) a reasonable timeline for establishing such a
program; and
(D) the costs and benefits associated with such a
program.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall
submit to Congress a report on the results of the study
conducted under paragraph (1), which shall include legislative
recommendations with respect to the establishment and funding
of the program described in such paragraph.
(b) Compliance Reporting.--
(1) Biennial report.--Not later than 180 days after the
date of the enactment of this Act, and every 2 years
thereafter, each interstate intercollegiate athletic
association shall submit to Congress a report that includes--
(A) a summary of the issues faced by such
interstate intercollegiate athletic association
relating to compliance with this Act, including the
amendments made by this Act;
(B) a summary of the trends among institutions,
conferences, and interstate intercollegiate athletic
associations relating to such compliance; and
(C) recommendations to improve the health, safety,
and educational opportunities of student athletes.
(2) Comptroller general report.--Not later than 5 years
after the date of the enactment of this Act, and every 5 years
thereafter, the Comptroller General of the United States
shall--
(A) conduct an investigation with respect to
compliance with this Act, including the amendments made
by this Act; and
(B) submit to Congress a report that includes--
(i) a summary of the findings of the
investigation conducted under subparagraph (A);
and
(ii) recommendations to improve the health,
safety, and educational opportunities of
student athletes.
(c) Study on Olympic Sports.--
(1) In general.--The Comptroller General of the United
States shall conduct a study--
(A) to assess the impact of this Act on Olympic
Sports, including the funding of Olympic Sports; and
(B) to develop recommendations for support of
Olympic Sports, given the unique nature of Olympic
Sports and intercollegiate athletics in the United
States.
(2) Contents.--The study conducted under paragraph (1)
shall include--
(A) a survey of international models of support for
Olympic Sports, including models that could be adapted
to the unique nature of Olympic Sports and
intercollegiate athletics in the United States;
(B) the projected scale and magnitude of potential
support for Olympic Sports, given historic levels of
support provided by institutions;
(C) the coordination required to develop and
cultivate Olympic Sports at institutions; and
(D) an analysis of the trends with respect to
roster sizes for Olympic Sports at institutions, with a
focus on the top 70 highest earning institutions with
respect to average annual college sports revenue.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the results of the
study conducted under paragraph (1).
(4) Olympic sports defined.--In this subsection, the term
``Olympic Sports'' means the sports officially recognized and
contested during the Summer and Winter Olympic Games.
Union Calendar No. 226
119th CONGRESS
1st Session
H. R. 4312
[Report No. 119-270, Parts I and II]
_______________________________________________________________________
A BILL
To protect the name, image, and likeness rights of student athletes and
to promote fair competition with respect to intercollegiate athletics,
and for other purposes.
_______________________________________________________________________
September 11, 2025
Reported from the Committee on Energy and Commerce with an amendment
September 11, 2025
Reported from the Committee on Education and Workforce with an
amendment, committed to the Committee of the Whole House on the State
of the Union, and ordered to be printed