A trio of senators has released a discussion draft of a bill that would federally standardize name, image, and likeness policies for college athletes.
The NCAA ended its prohibition on college athletes receiving NIL compensation in 2021, and the few years since have seen an explosion in endorsement deals and a rise in athletes going to schools where they can earn the most. That, in turn, has led to calls for Congress to set a national standard to govern the practice. Sens. Cory Booker , Jerry Moran , and Richard Blumenthal announced the draft legislation on Thursday and are seeking input from all stakeholders.
He added that a big push among the three was to make sure that the NIL legislation is something that will be broadly acceptable to both Republicans and Democrats and ultimately make it to President Joe Biden’s desk. Additionally, the draft bill would establish a medical trust fund and would cover the out-of-pocket costs of injured athletes, including long-term conditions resulting from their participation in sports. That includes chronic traumatic encephalopathy, or CTE, which has become a major point of concern among football players in particular.
Helen “Nellie” Drew, professor of practice in sports law, told the Washington Examiner that, while there have been other bills seeking to rein in NIL standards, this is the one that seems to have gotten the biggest push so far. And while Booker, Moran, and Blumenthal crafted the discussion draft to be as inclusive as possible in order to garner support for passage, there will likely be opponents of the legislation depending on what provisions are included, Drew said.
But the biggest question with any piece of NIL legislation is the status of the employment question, according to Drew, who noted that this bill does not take a position on whether college athletes are considered employees.
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