PROTECTING COLLEGE ATHLETES’ NAME, IMAGE AND LIKENESS RIGHTS
Last week, the Committee advanced the Student Compensation and Opportunity through Rights and Endorsements Act (‘‘SCORE Act”) to establish a national framework for college athletes to earn compensation for the use of their name, image and likeness (“NIL”). NIL rights give individuals control over how their identity is used for commercial purposes. Prior to 2021, NCAA policies prohibited college athletes from earning money through sponsorships, endorsements, social media and other business ventures. In response to state NIL laws, a Supreme Court decision limiting the NCAA’s ability to restrict education-related benefits and the potential for legal challenges related to antitrust laws, the NCAA adopted an NIL Interim Policy.
Any national framework must protect student athletes from abuse and exploitation from the NCAA and large athletic conferences while recognizing the differences between large and small athletic programs. Unfortunately, the SCORE Act falls far short of striking this balance. Instead, it shields the NCAA and big athletic conferences from lawsuits and regulatory oversight, prioritizing their needs over real protections for student athletes, despite a history of abuse. What protections it does provide are unenforceable, and it further exacerbates an uneven playing field between men’s and women’s sports.
Virginia has a deep love and respect for college athletics, with a good cross-section of athletics programs. Adopting its own NIL law in 2024, Virginia departed from NCCA’s Interim Policy by becoming the first state to allow a college or university to directly enter into NIL agreements with their student-athletes. The SCORE Act would preempt this and other state NIL laws. While the SCORE Act promises greater recognition for college athletes, the SCORE Act creates a pathway for arbitrary enforcement, bias, discrimination and suppression of economic opportunity for athletes.
The SCORE Act also blocks any college athlete from being recognized as an employee, preemptively blocking collective bargaining rights, workers' compensation, healthcare benefits and any recourse in the case of exploitation. By restricting access to basic labor protections without offering comprehensive economic alternatives, the SCORE Act leaves million-dollar revenue-generating athletes exposed to long-term harm with little to no safety net.
From failing to explicitly include protections for women’s college athletes, to creating provisions that exclude HBCUs and minority-serving institutions, to implementing top-down mandates that preempt progress and set a ceiling rather than a floor for requirements — this bill does more harm than good when it comes to looking out for our college athletes. That’s why I joined all Energy and Commerce Democrats in voting no and will work to improve the bill as it makes its way through the House.
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