Bipartisan NIL Bill Introduced
Earlier this week, two representatives from both sides of Congress introduced a bill, H.R.8382, that would allow for student-athletes to profit off their likeness. This is a heavy debated topic in the world of collegiate sports because of the financial gain that organizations like the NCAA and specific universities get from their athletes.
Introduced by Representatives Emanuel Cleaver (D-Mo.) and Anthony Gonzalez (R-Ohio), the primary amendment of the bill will allow student-athletes to use a third-party representative to help negotiate and assist with endorsements and money-making opportunities. This way, it bars the NCAA from banning student-athletes. Gonzalez and Cleaver’s bill follows individual state laws like California’s 2019 NIL legislation as well as the bill “The Fairness In Collegiate Athletics Act,” introduced by Marco Rubio (R-Fl.) which allows for athletes to be paid for their NIL (name, image, likeness) by summer of 2021. Rubio’s bill faced some backlash for siding too much with the NCAA, lacking bipartisan agreement.
Cleaver and Gonzalez’s bill is co-sponsored by six other members of Congress, three Republicans and three Democrats. Cleaver stated, ““I want to be unequivocally clear: This is a civil rights issue,” says Cleaver. “For far too long college athletes across the country—many of whom are people of color—have been denied the basic right to control their name, image and likeness…That’s exactly what this bill will do, and I’m proud we were able to put it together in a bipartisan way.” Gonzalez, a former collegiate and NFL athlete, stated in an interview with Sports Illustrated, that he does not support athletes being paid directly by their schools but through the organizations using their NIL’s. While simultaneously wanting to “protect the overall structure of the college system,” their bill leans more to support the student-athletes while also appeasing concerns brought up by the NCAA. For example, athletes will not be permitted to join deals with alcohol, drug and gambling companies and it will also prohibit boosters from paying athletes both directly and indirectly.
H.R.8382 is expected to be joined by yet another piece of legislation on NIL, the “College Athletes Bill of Rights”, which is sponsored by Senators Cory Booker and Richard Blumenthal. This bill is one of the most anticipated NIL bills which will assist in healthcare coverage and education benefits. With these bills still remaining in the introductory period, there are constant changes and additions made in order to assist student-athletes. Coordination with the NCAA to determine what their stipulations are is imperative in receiving bipartisan support Though many throughout the world of collegiate athletics remain hopeful, the bill likely won’t be brought to the Senate before the upcoming presidential election, so mid-2021 seems to be the most likely timeline.