Sens. Joe Manchin (D-W.Va.) and Tommy Tuberville (R-Ala.) introduced legislation that would establish a national standard for the handling of college athletes’ name, image, and likeness (NIL). This comes two years after the Supreme Court deemed the NCAA’s rules restricting certain student-athlete compensation illegal.
The “Protecting Athletes, Schools and Sports Act” would require that collectives and boosters be affiliated with a college or school, prohibit inducements, and give the NCAA the authority to prohibit certain NIL agreements, including those involving alcohol, drugs, or conflicts with existing school and conference licenses.
The NCAA would have oversight over NIL activities and the power to investigate them. The legislation also grants the Federal Trade Commission the authority to address violations reported by the NCAA.
Additionally, the legislation would introduce changes to the transfer portal by mandating student-athletes to complete three years of academic eligibility before transferring penalty-free, with a few exceptions.
The bill would make it mandatory for four-year schools and colleges to offer health insurance to uninsured athletes for eight years after graduation. Institutions with athletics departments generating a specific revenue threshold would be required to cover out-of-pocket expenses. If an institution’s athletics revenue exceeds $20 million, it must pay expenses for two years. If it exceeds $50 million, it must pay expenses for four years.
Manchin, a former West Virginia University football player, and Tuberville, the former head football coach at Auburn University, stated that the legislation is the result of a collaborative effort and input from various stakeholders.
“As a former college athlete, I understand the importance of sports in developing valuable life skills and opportunities. However, we are currently navigating an evolving NIL landscape without guidelines that jeopardize player well-being and the educational mission of colleges and universities,” Manchin stated.
“Our bipartisan legislation strikes a balance between protecting student-athlete rights and upholding the integrity of college sports. I urge my colleagues to consider this commonsense legislation as a means to level the playing field in college athletics,” he added.
“Student athletes should be able to capitalize on NIL promotional activities without impacting their ability to participate in collegiate sports,” Tuberville remarked. “However, we must ensure the integrity of our higher education system, prioritize education, and maintain a level playing field. Our legislation with Senator Manchin will establish nationwide rules, safeguard student-athletes, and prevent NIL activities from altering college sports as we know them.”
The senators included statements of support from NCAA President Charlie Baker, the Big 12 Conference, the Southeastern Conference, and university presidents associated with them.
Last week, Sens. Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), and Jerry Moran (R-Kan.) introduced draft legislation that addresses college athletics. It shares similarities with Manchin and Tuberville’s bill but also establishes a third-party entity responsible for serving as the central hub, rule-maker, investigator, and enforcer of best practices and regulations concerning student athletes’ rights.