April 7, 2025
Mrs. McClain (for herself, Mr. Walberg, Mr. LaMalfa, Ms. Foxx, Mr. Aderholt, Mr. Thompson of Pennsylvania, Mr. Allen, Mr. Owens, Mr. Harris of North Carolina, and Mr. Onder) introduced the following bill; which was referred to the Committee on Education and Workforce
To prohibit a student athlete from being considered an employee of an institution, a conference, or an association based on participation in certain intercollegiate athletics.
Section 1. Short title
This Act may be cited as the Protecting Student Athletes’ Economic Freedom Act of 2025
.
Sec. 2. Employment standings
Notwithstanding any other provision of Federal or State law, a student athlete (or former student athlete) may not be considered an employee of an institution, a conference, or an association under any Federal or State law or regulation based on participation of the student athlete (or former student athlete) in a varsity intercollegiate athletics program or a varsity intercollegiate athletics competition, or the existence of rules or requirements for being a member of any varsity sports team.
Sec. 3. Definitions
In this Act:
(1) Association
The term association means an organization that—
(A)
has multiple conferences and institutions as members;
(B)
arranges championships for varsity intercollegiate athletics programs;
(C)
sets rules for varsity intercollegiate athletics programs;
(D)
sets rules for varsity intercollegiate athletics competitions; and
(E)
is not a conference.
(2) Conference
The term conference means an organization that—
(A)
has multiple institutions as members;
(B)
sets rules for varsity intercollegiate athletics competitions;
(C)
arranges championships for varsity intercollegiate athletics programs; and
(D)
is not an association.
(3) Institution
The term institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that sponsors a varsity intercollegiate athletics program in the United States.
(4) Student athlete
The term student athlete means an individual who participates in a varsity intercollegiate athletics program.
(5) Varsity intercollegiate athletics competition
The term varsity intercollegiate athletics competition means a competition involving 2 or more varsity intercollegiate athletics programs sponsored by different institutions.
(6) Varsity intercollegiate athletics program
The term varsity intercollegiate athletics program means a team or other program unit of an institution participating in a sport—
(A)
played at the intercollegiate level;
(B)
administered by an athletic department; and
(C)
for which eligibility requirements for participation by student athletes are established by an association.
(7) Varsity sports team
The term varsity sports team—
(A)
means a team of student athletes organized by a varsity intercollegiate athletics program to participate in a varsity intercollegiate athletics competition; and
(B)
does not include a team that is traditionally characterized as an intramural or club team.