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WASHINGTON, D.C. – Today, Congresswoman Lori Trahan (MA-03), a member of the House Energy and Commerce Committee’s Innovation, Data, and Commerce Subcommittee, spoke during a legislative hearing on the FAIR College Sports Act, partisan legislation that would place burdensome restrictions and requirements on college athletes and their name, image, and likeness (NIL) rights. In addition to pointing out problems with the bill as drafted, Trahan raised concerns about how the legislation fails to address international athletes not having NIL rights, Title IX loopholes robbing women athletes of roster spots, and outdated health and safety standards failing athletes.

Despite the focus of the hearing being on NIL rights, much of the conversation focused on the issues of employment and revenue sharing. During her line of questioning, Trahan pointed out that Congress is losing credibility on this issue, citing a recent survey of current college athletes from The Athlete’s Bureau that found Congress to be the least trusted entity when it comes to regulating NIL. Trahan also asked the athlete witnesses, including UCLA Quarterback Chase Griffin, directly about their experiences navigating the NIL marketplace and how the added layer of bureaucracy and restrictions in the bill would impact them. 

“The FAIR College Sports Act would create a new governing body completely controlled by political appointees – none of whom are required to be current athletes like [Mr. Griffin], Ms. Tholl, or Ms. Page – making rules about athletes’ day-to-day lives and NIL rights. And it would do so while minimizing options for athletes to appeal a punishment and providing legal immunity to the punishers,” said Congresswoman Trahan. 

Footage of Trahan’s line of questioning and witness answers can be accessed by clicking HERE or the image below. A full transcript of the exchange is included below.

Trahan fought for college athletes’ NIL rights in prior hearings and has introduced the College Athlete Economic Freedom Act, the most pro-athlete NIL bill introduced at the federal level. She also introduced the Fair Play for Women Act to close Title IX loopholes that colleges use to overcount the number of women athletes in their programs. In this hearing, Trahan drew upon her legislation as well as her experience as a volleyball player at Georgetown University and the process of earning her athletic scholarship, which helped her to become the first in her family to graduate from college. 

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Congresswoman Lori Trahan

Hearing Questions as Delivered

Hearing on “NIL Playbook: Proposal To Protect Student Athletes' Dealmaking Rights”

January 18, 2024

TRAHAN:  Thank you, Mr. Chairman. I fear, given some of the rhetoric we’ve heard in this hearing and others like it, that Congress as a whole has lost its credibility on this issue. Mr. Griffin, you recently helped lead a survey of college athletes, which among other things, asked what stakeholders they trust. What group of people do athletes trust the least?

GRIFFIN: Congress.

TRAHAN: That should concern each one of us here today – that the very people this committee is seeking to quote-unquote protect don’t actually trust that we have their best interest at heart.

And I don’t think that as drafted, the bill we’re focusing on today will do much to change that.

Mr. Griffin, the FAIR College Sports Act would create a new governing body completely controlled by political appointees – none of whom are required to be current athletes like you, Ms. Tholl, or Ms. Page – making rules about athletes’ day-to-day lives and NIL rights. And it would do so while minimizing options for athletes to appeal a punishment and providing legal immunity to the punishers.

Does that governance structure concern you?

GRIFFIN: Absolutely does. 

TRAHAN: Thank you. I’m also concerned with provisions in the bill that would allow schools to regulate – and potentially bar – athletes from engaging in NIL activities on campus.

Mr. Griffin, given how much of your daily schedule is already controlled by your school and coaches, do you think it would be detrimental if you were forced to leave campus to say post about a brand or product on social media during your free time?

GRIFFIN: Absolutely.

TRAHAN: Thank you. So I have serious reservations about advancing a bill that places those kinds of restrictions on athletes’ NIL rights. And I’m equally worried about what the FAIR College Sports Act fails to address. There are currently over 25 thousand international athletes competing in college athletics, but under the current law, they are unable to exercise their NIL rights in the United States.

Ms. Page, during your sophomore year at Radford, you played alongside a teammate – a setter from Germany. Do you think it’s important that if Congress advances NIL legislation, it closes the loophole that deprives international athletes of the same NIL rights that you have?

PAGE: Thank you for your question. I think it's very important for the international student athletes to have the same access to NIL that we do. They are doing the same schedule that we are, they have the same rights that we do, so I think it’s very important for them to have the opportunity as well. 

TRAHAN: Well thank you, Ms. Page. I worry that the majority is advancing a bill that fails to address some of the most basic issues facing athletes – and none are more obvious than international athletes being denied the same NIL rights as their teammates. Ms. Tholl, in your testimony, you raised concerns about gender equity with regard to collectives. While that’s an issue that also goes unaddressed in the legislation before us today, I couldn’t agree with you more. 

That’s why Senator Chris Murphy and I sought to address this in our College Athlete Economic Freedom Act requiring that collectives offer equal opportunity to all athletes at a university – whether it’s the opportunity for a deal directly with the collective, deal facilitation with a local business or brand, or even education surrounding NIL, taxes, or other financial matters.

Ms. Tholl, can you elaborate on why you think it’s important that if Congress acts, we work to ensure that schools and collectives support all athletes and are held to a high standard of gender equity?

THOLL: Thank you for the question. Women’s sports like I said has come so far and there is still so much farther we need to go, and not even just from male–female perspective, I also think there is a gap between revenue-generating sports and olympic sports and I believe that if we don't put any legislation in there, we will see a lot of lost opportunities from many sports. You won't see kids play sports anymore because there will only be a select few that are allowed to play in college. And growing up, my favorite thing was watching players in college or professional softball players, and now I’m in that role, and I’m inspiring young girls. And I fear that won't be the future if this legislation is put in place. 

TRAHAN: Thank you. Look, Title IX is the reason tens of thousands of women have had the opportunity to continue their athletic careers in college, get an education, and succeed after school. It’s the reason I’m sitting here today.

So, Dr. Jackson, with the time I have left, do you think it’s fair that under Title IX today, schools are allowed to double or triple count women athletes, count roster numbers at tryouts instead of once the season starts, and even count male practice players as women athletes? And do you agree we should be discussing those loopholes?

JACKSON: We’re talking about participation opportunities here in an education program, so absolutely. 

Thank you, Mr. Chairman. I yield back.

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