Representatives of the NCAA, prominent athletic conferences, and athletics administrators have been pacing the halls of Congress asking their Senators and Representatives for federal laws that would negate the patchwork of state laws that gave college athletes name, image, and likeness employment rights outside their education institutions. Such employment is a good thing for athletes, but an unintended consequence was opening the doors to the creation of “NIL collectives,” organizations of boosters and fans that collected money to provide NIL employment compensation to athletes from their favorite institution for the purpose of giving that school a recruiting advantage — new coin for the college athletics arms race. The NIL space also provided an opportunity for unscrupulous agents to take advantage of young athletes with little or no experience in monetizing their publicity and endorsement rights. Congress appears to be paying attention.
The Drake Group offers an analysis of each of the following bills that have either been filed in the 118th Congress or announced as discussion drafts for eventual submission:
- Senators Cory Booker (NJ-D), Richard Blumenthal (CT-D), Jerry Moran (KS-R) College Athletes Protection and Compensation Act of 2023
- Senator Chris Murphy (CT-D) and Representative Lori Trahan (MA-D): The College Athlete Economic Freedom Act
- Senators. Joe Manchin (WV-D), Tommy Tuberville (AL-R) Protecting Athletes, Schools, and Sports Act of 2023
- Reps. Gus Bilirakis (FL-12-R) Fairness, Accountability, and Integrity in Representation of College Sports Act
- Sen. Ted Cruz (TX-R) Untitled NIL Bill
- Representative Mike Carey (OH-15-R) and Representative Greg Landsman (OH-D), H.R. 3630 Student Athlete Level Playing Field Act
- Sen. Lindsay Graham (NC-R) NIL Clearinghouse Act of 2023