WASHINGTON — Federal legislation establishing a framework for student-athlete compensation has the backing of the Southeastern Conference and Southwestern Athletic Conference commissioners.
During a discussion on name, image and likeness with Congresswoman Terri Sewell at the Congressional Black Caucus Foundation’s annual conference Thursday, the two college sports leaders explained their support for the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act.
“We don’t think that the legislation is perfect, but…having the regulations that the SCORE Act kind of puts around intercollegiate athletics is critically important,” Charles McClelland, SWAC commissioner, whose conference includes 12 historically black colleges and Universities, said during the panel.
The comprehensive bill would set federal rules for student-athletes’ ability to earn NIL money. In July, the bill passed out of two House committees and awaits a full vote on the floor.
Rep. Shomari Figures, D-Mobile, is one of six Democrats sponsoring the bill, alongside Republicans. However, some Democrats and members of the Congressional Black Caucus have been hesitant to support the legislation as it’s currently written for various reasons, including prohibiting student-athletes from becoming school employees and concerns over who would enforce the rules.
“What I am particularly concerned about is that…(in) the SCORE Act, they give the power of enforcement to state AGs, now I don’t know about you, but I really doubt that the AG, the attorney general of the state of Alabama, would actually sue the University of Alabama,” Sewell, D-Birmingham and the chair of the CBC Foundation, said.
Sewell said she would potentially like to see the Federal Trade Commission be the enforcer of the rules in the bill.
Greg Sankey, SEC Commissioner , said he’s open to having conversations about who would be responsible for the oversight.
“Understand that different elements of the SCORE Act can be overseen in different ways, and some of that could be done, I think, reasonably and in a trustworthy way at the collegiate level, whether it’s through this new College Sports Commission and then regular reporting,” Sankey said.
The CBC has been negotiating the bill, trying to update it to better support student-athletes and those in their districts. That’s why Sewell said a letter from McClelland and three other HBCU athletic conferences backing the bill did “undermine the negotiation power of those sitting at the table trying to make it better.”
McClelland said he still supports the negotiations taking place, but that “the experts about HBCUs are HBCUs, and our letter was, listen to us.”
The commissioner said he supports the SCORE Act’s provision barring student-athletes from becoming employees of the institution because HBCUs would not be able to afford it.
The SCORE Act would overrule any state NIL laws. Alabama does not currently have a specific NIL law after state legislation was repealed in 2022.
“So that a family being recruited by universities in 10 different states just has to understand one set of expectations, and there can be some level of protection or oversight embedded, both for universities and for the individuals who claim that they’re representatives,” Sankey said.
Another component of the bill is that Division 1 schools would have to provide health coverage to student-athletes for at least three years after they graduate or leave the institution. It also requires Division I schools to offer college athletes academic and financial education services.
During Thursday’s conversation, the commissioners also touched on the transfer portal and how setting parameters around transfers could help ensure “educational continuity.”
“I think as lawmakers, we all look to make sure that we’re setting guardrails that will make it less likely that they will be taken advantage of, more likely that they will get an economic benefit from it, and more likely that they would want to do a legacy,” Sewell said.
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