Bipartisan Senators Introduce Bill to Protect College Athletes

Bipartisan Senators Introduce Bill to Protect College Athletes
General view during UCLA Bruins practice at T-Mobile Arena in Las Vegas on March 22, 2023. (Carmen Mandato/Getty Images)
Jackson Richman
7/21/2023
Updated:
12/30/2023
0:00

A bipartisan group of senators has introduced a bill that seeks to protect college athletes.

Sens. Cory Booker (D-N.J.), Richard Blumenthal (D-Conn.) and Jerry Moran (R-Ks.) announced on July 20 a bill that would have criteria surrounding an athlete’s name, image and likeness (NIL).

NILs have been a trend for the past few years as college athletes have fought to get paid, as the NCAA prohibited their athletes from receiving money from sponsorships and other income streams that professional athletes enjoy. In 2021, the Supreme Court ruled that this NCAA prohibition was unlawful.

The College Athletes Protection and Compensation Act of 2023 would create the College Athletics Corporation, which would oversee NIL contracts made with college athletes, who would be permitted to have assistance in NIL aspects, including brand management. Higher education institutions would not be allowed to serve as or influence such representation. It would forbid student-athletes from being disciplined for getting paid benefits from an outside party, with a few exceptions.

The measure would form a Medical Trust Fund to take care of student-athletes’ out-of-pocket medical costs, including major long-term conditions.

The legislation would require colleges and universities to provide assistance to student-athletes until they graduate even if they are no longer on a team due to a career-ending injury.

The bill would mandate colleges and universities to report their athletics programs’ expenditures and revenues, how well athletes fare in the classroom and what majors they earn. Schools can revoke an athletic scholarship for students who do poorly in the classroom, transfers to another college or university, or fail to meet certain requirements.

Additionally, the legislation would prohibit colleges and universities from retaliating against student-athletes for entering the NBA, NFL, NHL, MLB or any other professional sports league draft.

Moreover, student-athletes would have to learn financial literacy.

Finally, the measure would require equal access to services and facilities for male and female student-athletes during tournaments.

In a statement, the NCAA told The Epoch Times it appreciates Congress getting involved in the NIL issue.

“The NCAA fully supports student-athletes profiting from their name, image and likeness rights, and we are working with Congress to implement nationwide protections to improve outcomes for all 500,000 college athletes,” they said.

“There is clearly bipartisan support for these measures, and the Association looks forward to cooperating with stakeholders to advance student-athletes’ interests,” continued the NCAA. “We are pleased to see the legislative outline includes many of the elevated membership standards put in place by NCAA members earlier this year and reflects our continued priority of student-athlete well-being.”

In a statement, Mr. Moran lauded the rich history of his home state’s collegiate athletic programs but expressed the need for student-athletes to benefit. This includes the University of Kansas men’s basketball team winning the NCAA tournament championship in 2022, its fourth title.

“Kansas has an unparalleled history of college athletics that includes several premier programs attracting student-athletes from all over the nation and the world,” said Mr. Moran.

“It is no secret that college athletics have grown into an increasingly profitable, billion-dollar industry, however the rules surrounding athlete compensation have not been modernized,” he continued.

Mr. Moran said that the legislation would “empower student-athletes while maintaining the integrity of college sports that we all know and love” and that college athletes should be allowed to profit off their own brand.

Mr. Blumenthal said that college athletes “need a level playing field with guarantees of economic opportunities, educational outcomes, and essential health care.”

Mr. Booker, who was on Stanford University’s football team, touted the bill as making “college athletics fairer, safer, and more just, and empower more young people to succeed in sports and beyond” as the NCAA cares more about profits than athletes.

So far, 32 states have NIL laws with California being the first to pass one, according to the law firm Saul Ewing, which represents NCAA athletes.
Currently, Bronny James, son of future NBA Hall-of-Famer LeBron James, is the top-earning NIL athlete worth $6.4 million, according to sports website On3. Bronny James will be playing for the University of Southern California men’s basketball team this fall. He will likely declare for the NBA Draft after his freshman season. LeBron James went into the NBA straight out of high school. However, the NBA currently requires prospects to play at least one season of college or NBA D-League or overseas basketball between high school and the NBA.

This is not the first time Mr. Blumenthal has gotten involved in the world of sports in his current position.

Mr. Blumenthal chaired a Senate subcommittee hearing on July 11 about the PGA Tour-LIV Golf merger, as LIV Golf is funded by Saudi Arabia’s Public Investment Fund (PIF).

During the Senate Permanent Subcommittee on Investigations, Mr. Blumenthal, the subcommittee’s chairman, blasted the PGA Tour for caving to the PIF. He claimed that the PGA Tour “surrendered” to the Saudis because of the kingdom’s vast amounts of money.

Jackson Richman is a Washington correspondent for The Epoch Times. In addition to Washington politics, he covers the intersection of politics and sports/sports and culture. He previously was a writer at Mediaite and Washington correspondent at Jewish News Syndicate. His writing has also appeared in The Washington Examiner. He is an alum of George Washington University.
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