H.R.3847 - Student-athlete Protections and Opportunities through Rights, Transparency, and Safety Act (119th Congress)
Summary
H.R.3847, the Student-athlete Protections and Opportunities through Rights, Transparency, and Safety Act (SPORTS Act), aims to establish federal standards for student athletes' name, image, and likeness (NIL) rights. The bill seeks to protect student athletes' ability to profit from their NIL while setting guidelines for institutions, conferences, and athletic associations. It also includes provisions for athlete agent regulation and data collection to determine NIL market value.
Expected Effects
The SPORTS Act would create a uniform legal framework for NIL rights, preempting varying state laws. This would provide clarity and consistency for student athletes, institutions, and businesses involved in NIL agreements. The act also mandates educational programs for student athletes and addresses healthcare costs related to sports injuries.
Potential Benefits
- Establishes clear NIL rights for student athletes, allowing them to benefit from their personal brand.
- Creates a national standard, reducing confusion caused by differing state laws.
- Mandates disclosure of NIL agreements, promoting transparency.
- Requires educational programs for student athletes, enhancing their financial literacy and career preparation.
- Addresses long-term medical costs for student-athletes injured during their time at the institution.
Potential Disadvantages
- Potential for creating a complex regulatory environment for institutions and athletic associations.
- Risk of unintended consequences related to the determination of NIL market value.
- Possible challenges in enforcing the preemption of state laws.
- Could create disparities between athletes in high-profile sports and those in less popular sports.
- The definition of 'negatively impacts the reputation or public image' of an institution could be vague and lead to inconsistent application.
Constitutional Alignment
The bill's alignment with the Constitution is primarily based on Congress's power to regulate interstate commerce (Article I, Section 8, Clause 3). By establishing a national standard for NIL rights, the bill aims to prevent disruptions to interstate commerce caused by inconsistent state laws. The bill does not appear to infringe upon individual liberties or rights protected by the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).