A Republican senator is reintroducing a federal NIL bill that would, among other things, prohibit boosters and schools from utilizing NIL in recruiting, RossDellenger reports
to govern name, image and likeness that would “preserve the unique amateur nature of college sports,” he says.
The bill gives antitrust protection to the NCAA, schools and conferences in two ways. It prohibits former athletes from suing for retroactive NIL, and it explicitly notes college athletes should not be considered employees. The NCAA is fighting two ongoing court cases based on both of these elements.
The bill would also protect athletes from deceptive business practices or exploitation, provide educational resources to athletes on NIL, and create an “Office of Sport” within the Federal Trade Commission to enforce the rules. The legislation would also direct the U.S. Comptroller General to submit a report to Congress on health and safety needs of athletes—one of the key issues that has kept Republicans and Democrats from compromising on NIL policy.
Wicker is the ranking member and former chair of the Senate Commerce Committee. When Democrats took control of the Senate last year, Sen. Maria Cantwell took over as committee chair. Last summer, Cantwell and Wicker attempted to reach a compromise on bipartisan NIL legislation, but it failed most notably because of language regarding postgraduate healthcare benefits.
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