Senate Introduces NIL Bill, but Nobody's Going to Do Anything

Day before Congress takes month off, Sen. Joe Manchin, Tommy Tuberville at least start

Jack Gruber / USA TODAY Sports)

FAYETTEVILLE, Ark. — Arkansas and everyone else in college sports who wants Congress to do something about NIL at least got a bill introduced in the U.S. Senate the day before everybody leaves town for a month. Don't expect anybody to do anything about the whole deal very soon.

In a bi-partisan bill, former Auburn and Ole Miss coach Tommy Tuberville from Camden (R), now a U.S. Senator from Alabama, enlistd Sen. Joe Manchin from West Virginia (D) to at least introduce a bill, which is the first movement since the SEC showed up in Washington, D.C., over a month ago pleading with Congress to do something to control the whole name, image and likeness madness that is taking over college athletics.

Just getting it this far has taken a year. Schools and conferences started lobbying efforts after it became clear things were all over the place with different state legislatures passing different laws in an attempt to help local universities gain a competitive edge on their neighboring states. Razorbacks athletics director Hunter Yurachek even went there with a delegation from the SEC this summer to lobby for something to be done.

Don't expect solutions on that front any time soon. The bill is “Protecting Athletes, Schools and Sports Act of 2023,” nicknamed the “Pass Act.” A copy of the entire bill can be accessed here. 

Some of the key points of the whole bill are:

• The Pass Act would force boosters and collectives to be affiliated with a school. It would also prohibit NIL from being used as an inducement in recruiting and the transfer portal.

• Provide coverage for sports-related injuries for uninsured athletes for eight years following graduation from a four-year university. Larger schools – Power 5 programs – would be required to pay for expenses even after athletes leaves the school.

• Collectives can promote their program, assist in recruiting and assist in providing benefits to recruits, athletes or parents of athletes, but only if the organization is formally associated with the school through an official contract.

• Require athletes to participate in financial literacy training.

• Contracts would be required to be made public for any non-athlete parties involved in NIL. This would make it ideal for the FTC to launch investigations.

• Uniform contracts would be required.

• NIL deals involving athletes or institutions would be prohibited in specific industries, including drug paraphernalia, dangerous weapons and gambling.

• If enacted, athletes would be prohibited from entering the transfer portal in the first three years of eligibility, with some exceptions.

With Congress leaving for a month, they won't even be back in town until the first of September and the Senate probably won't even have it through committee before the first of the year. A vote is doubtful because the only thing that moves that fast in Washington, D.C. is a national emergency and this doesn't rise to that level. If it doesn't get done this year, moving anything through next year might prove difficult because it's a presidential election year, which tends to paralyze a lot of non-essential legislation.

The bottom line to all this is there is no bottom line, and where probably won't be for a while. After they finally get a vote in the Senate, then the entire process is repeated in the House of Representatives. If there are changes in the House, then the whole process starts again in the Senate.

Then if it passes both houses, it appears these days there's always a lawyer who can get a federal injunction and hold everything up. Lawsuits will be filed and we may be looking at another general election year before anything can get done. Nothing happens fast.

Of course, eventually, we'll find out if anything is passed at the federal level if it's even legal for the government to tell states how to legislate this specific area because someone will challenge it for the sake of good old State U. It's always good for votes to fight the federal government if it means the local university football team gets a better shot at making the playoffs. 

If nothing else, recent history shows that's proven almost impossible to accomplish across all 50 states, even when it's a national emergency. No matter how much any of us love sports, it's unlikely this rises to that level. It will be entertaining though.

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