The Challenge of Legislating NILs
Legislation regarding the use of college athletes’ name, image, and likeness (NIL) is facing an uncertain future in Congress. Similar to mid-major football teams, bills governing NILs are struggling to gain traction and become law. While the NCAA has failed to establish national guidelines, it has turned to Congress for assistance in regulating this complex issue.
The Need for Rules
Senators Ted Cruz and Tommy Tuberville support the implementation of uniform NIL regulations to prevent a “wild west” where athletes can monetize themselves without clear guidelines. Tuberville emphasizes the importance of equity among athletes from different sports and schools, aiming to address the discrepancies in state laws that incentivize athletes to choose certain programs.
Concerns Over Congressional Involvement
Some senators, like Kevin Cramer and John Kennedy, express reluctance to involve Congress in the regulation of college sports. They fear micromanagement and question the efficacy of Congress in improving matters. However, individual universities have taken steps to educate and support student-athletes in managing their NIL rights.
The Role of Universities
Oklahoma State University, for example, offers a financial literacy and contract law class for student-athletes and has established a “brand squad” to assist with marketing and promoting athletes and the university. However, university efforts are limited, and many believe that only Congress can provide a comprehensive solution.
Challenges and Disappointments
Despite hopes for congressional action, the overwhelming number of priorities and limited legislative success cast doubt on the prospects of passing NIL legislation in the near future. This disappoints athletes like Kaley Mudge, who have benefited from their NIL rights but understand the short-lived nature of their sports careers.
The Complex Landscape Ahead
Lawmakers like Kevin Cramer express concerns about the commercialization of college sports and the potential impact on the competitive balance between big and small schools. As a result, legislation solely focused on NILs may remain on the sidelines, waiting for its opportunity to impact college athletics.
