WASHINGTON — College sports leaders testified at a U.S. Senate hearing Tuesday in support of nationwide name, image and likeness regulations.
The U.S. Senate Judiciary Committee held a hearing to discuss the name, image and likeness rules, known as NIL, in college sports. Witnesses in attendance — including National Collegiate Athletic Association President Charlie Baker and Big Ten Conference Commissioner Tony Petitti — called for a unified NIL law to quickly resolve inconsistencies in state laws and protect the health and well-being of student-athletes.
NIL laws in some states generally allow high school and college athletes to earn money based on their own name, image and likeness, or personal brand. Through NIL, student athletes can profit from autographs, merchandise, affiliations, and other means.
Witnesses also said they did not want student-athletes to be considered employees because it could create a myriad of problems for athletic programs and the athletes themselves.
“We want to work with Congress to further reduce incentives and prevent collectives and other entities from interfering in the lives of students,” Baker said.
Baker said the NCAA is “accelerating work on regulations to improve outcomes for student-athletes because they deserve the benefits of NIL.”
“We are concerned that the management of college sports is moving from universities to collectives,” Petitti said.
The five other witnesses are University of Florida gymnast Trinity Thomas, University of Notre Dame athletic director Jack Swarbrick, National College Players Association executive director Ramogi Huma, Saint Joseph’s University athletic director Jill Bodensteiner and Grove Collective executive director Walker Jones. Grove Collective is exclusively a program of the University of Mississippi NIL.
NCAA Policy
NCAA-American Soccer Federation adopted its Interim NIL Policy in 2021. The policy provides the following guidance:
- “Individuals may participate in NIL activities consistent with the laws of the state in which the school is located.”
- “College athletes who attend schools in states without NIL laws may engage in this type of activity without violating NCAA name, image and likeness rules.”
- “Individuals may use the services of a professional service provider for NIL activities.”
- “Student-athletes should report to their school any NIL activity consistent with state law or school and conference requirements.”
“Between the (transfer) portal and the NIL, college football is in absolute chaos,” said committee member Lindsey Graham, a Republican from South Carolina.
The NCAA Transfer Portal is a database where student-athletes can register their intentions to transfer to another school.
Graham referred to the recent performance of American football players at the University of Utah received Dodge Ram pickups thanks to NIL agreement.
“We’re headed toward a bidding war,” Graham said.
Disadvantages and confusion for students
Currently, NIL regulations apply 32 statesresulting in inconsistent juggling rules for student-athletes.
Thomas, who profits from NIL, said this lack of uniformity often causes confusion for students.
These laws also put some students at a disadvantage, depending on which school they attend, she said. The best path forward, Thomas said, would be a national policy “that applies to all athletes in every sport at every school.”
“This will create a level playing field for all student-athletes to benefit from the NIL,” Thomas said. “It will create a uniform standard that will ensure we are all playing by the same rules and eliminate confusion and unfair advantage.”
Proposed Federal NIL Legislation
A number of members of Congress have already proposed legislation that would establish a national NIL standard, including Senator Richard Blumenthal, a Connecticut Democrat who chaired the committee in the absence of Illinois Democrat Dick Durbin.
Blumenthal, alongside New Jersey Democrat Cory Booker and Kansas Republican Jerry Moran, It was introduced discussion design bill in July that would establish national NIL standards. The bill also would create a Medical Trust Fund for student athletes.
Blumenthal said it was crucial to establish a “strong national standard” and “ensure it is enforceable.”
According to a press release from Booker, Blumenthal mentioned that in his legislation he proposed creating a separate corporation that would serve as a “central oversight entity to establish, administer and enforce rules and standards to protect athletes who enter into sponsorship agreements.”
Senator Joe Manchin III, a West Virginia Democrat, appeared at the end of the hearing to talk about the legislation that It was introduced with Senator Tommy Tuberville, Republican of Alabama, in July. The bill, called the Protecting Athletes, Schools and Sports (PASS) Act of 2023, would create a consistent national NIL standard, as well as further protection of the rights of athletes and schools.
“Our legislation with Senator Manchin will establish ground rules across the country, protect our student-athletes, and prevent NIL actions from ending college sports as we know them,” Tuberville, a former Auburn University football coach, said in a statement from Manchin. press release.
In a press release, Baker endorsed the PASS Act on behalf of the NCAA.
Senator Ted Cruz, Republican of Texas, also discussed his own bill that was to be debated. It was introduced in August. His bill would codify NIL laws for student-athletes with a national standard.
Cruz, who said he was “very concerned about the state of college sports,” warned that if Congress “doesn’t act, and act quickly,” there could be “enormous damage.”
Senator John Kennedy, Republican of Louisiana, told Baker that he “may regret asking Congress to intervene in this matter.”
“Suddenly you’re going to be under tight scrutiny,” Kennedy said.
Employee status
Many witnesses said they were concerned about how the employee’s status would impact college or student athletic programs.
Bodensteiner added that international students would not be able to compete if the transition to employee status occurred.
Graham asked Baker what would happen to Division II schools if student-athletes were designated as employees. NCAA Division II includes schools with smaller, less-funded athletic programs than those in Division I.
“I think it’s pretty clear that Division II and III schools are going to be opting out of intercollegiate college sports,” Baker said.
Swarbrick said preventing student-athletes from being employees protects their ability to be admitted to college and learn on the same terms as other students.
“If this committee and the Commerce Committee do not take action within the year, this will be a complete mess and college sports as we know them will be destroyed,” Graham said.
The sport falls under the jurisdiction of the United States Senate Committee on Commerce, Science, and Transportation.
Transparency in Academic Sports
Baker has repeatedly called for greater transparency in college sports. For example, Baker said there is no publicly available data on NIL participation.
“Nobody knows what’s going on,” Baker said.
“So the first thing we really need more than anything else is some form of transparency about what people are actually getting,” Baker said.
