U.S. Senators Joe Manchin (D-W.V.) and Tommy Tuberville (R-Ala.) are taking crucial steps to address the challenges faced by college athletes by introducing the “Protecting Athletes, Schools and Sports Act.” This bipartisan bill aims to tackle issues related to name, image, and likeness (NIL) rights, as well as other college sports matters.
One of the significant features of the bill is the creation of a national public registry, which will record and track NIL deals. This registry will ensure transparency and accountability in the endorsement contracts of college athletes. Additionally, it will enable the Federal Trade Commission (FTC) to handle registration and maintain the national public NIL deal registry.
In their pursuit of providing better healthcare coverage for current and former college athletes, Senators Manchin and Tuberville have included provisions in the bill to offer enhanced medical benefits. Moreover, the legislation proposes funding for a trust fund derived from one percent of the annual proceeds from revenue-generating collegiate tournaments. This fund will guarantee health insurance for sports-related injuries for uninsured student athletes for eight years following their graduation.
Addressing concerns related to athletes’ usage of the transfer portal, the bill imposes strict rules. Athletes would be required to complete their first three years of academic eligibility before being able to transfer and play immediately, with exceptions for special circumstances.
While this bill aims to bring about positive changes, critics question the necessity of a public NIL registry. They argue that such registries do not exist in other industries or for professional athletes who sign endorsement deals. However, supporters emphasize the importance of transparency and the unique challenges faced by college athletes.
In addition to the “Protecting Athletes, Schools and Sports Act,” another bipartisan bill has been proposed, which advocates for the formation of the College Athletics Corporation (CAC). The CAC would be responsible for establishing and enforcing rules for endorsement contracts, as well as safeguarding the interests of athletes. This bill also includes healthcare provisions and allows athletes to transfer once and play immediately, as well as return to school if undrafted in a professional sports draft.
Both bills aim to grant the NCAA preemption of state NIL laws, disclosure and tracking of NIL deals, and assistance with enforcement. However, there are key differences between the two bills in terms of athlete mobility, disclosure requirements, medical coverage, and funding.
While these bills present promising solutions, more clarity is needed regarding how the FTC and the CAC would work alongside or in place of the NCAA in terms of regulation and punishment for violations. Nonetheless, the introduction of these bills showcases bipartisan efforts to bring about meaningful change in college sports and provide better support for student athletes.
