On Tuesday, Sens. Joe Manchin, D-W.Va., and Tommy Tuberville, R-Ala., demonstrated a refreshing instance of bipartisan cooperation, unveiling legislation aimed at reshaping the landscape of collegiate athletics and establishing a nationwide standard for the use of a student-athlete’s name, image, and likeness (NIL).
The legislation, known as the “Protecting Athletes, Schools and Sports Act,” or PASS Act, arrives two years after the U.S. Supreme Court held the NCAA accountable for illegally restricting education-based benefits that could serve as compensation for student-athletes.
Reacting to this, the NCAA Division I Board of Directors in 2021 temporarily suspended its NIL compensation rules, awaiting either fresh guidelines from the NCAA or new legislation from Congress.
Now, former West Virginia University football player, Manchin, and Tuberville, who previously served as the head football coach at Auburn University, have taken the initiative.
Their legislation intends to set robust rules for collectives and boosters, safeguard student-athletes, and maintain a level playing field amongst schools and states.
The PASS Act aims to regulate the involvement of collectives and boosters in college sports.
It stipulates that they must have an affiliation with a college or school and prohibits inducements. Certain NIL agreements, particularly those that involve alcohol, drugs, or contradict existing school and conference licenses, would be forbidden.
A significant provision of the PASS Act places the NCAA in a supervisory and investigative role concerning NIL activities. As per an official press release, the NCAA would be entrusted with reporting violations to the Federal Trade Commission.
Furthermore, the bill proposes modifications to the transfer portal. It mandates that student-athletes must fulfill their first three years of academic eligibility before they’re permitted to transfer without penalties, barring a few exceptions.
Student-athlete healthcare is also addressed in the legislation. Four-year institutions would be required to provide healthcare coverage to student-athletes, extending insurance to those who remain uninsured for eight years post-graduation.
Colleges and universities with substantial wealth would shoulder the burden of their athletes’ out-of-pocket medical expenses, with the commitment period linked to the institution’s athletic revenue.
Manchin and Tuberville jointly said the legislation is the outcome of two years of fruitful dialogue with stakeholders.
Manchin stressed, “As a former college athlete, I know how important sports are to gaining valuable life skills and opening doors of opportunity. However, in recent years, we have faced a rapidly evolving NIL landscape without guidelines to navigate it, which jeopardizes the health of the players and the educational mission of colleges and universities.”
He emphasized the PASS Act’s dual goal, “Our bipartisan legislation strikes a balance between protecting the rights of student-athletes and maintaining the integrity of college sports.”
Echoing Manchin’s sentiments, Tuberville added, “Student-athletes should be able to take advantage of NIL promotional activities without impacting their ability to play collegiate sports. But we need to ensure the integrity of our higher education system, remain focused on education, and keep the playing field level.”
“Our legislation with Senator Manchin will set basic rules nationwide, protect our student-athletes, and keep NIL activities from ending college sports as we know it,” he continued.
Endorsements for the bill include NCAA President Charlie Baker, the Big 12 Conference, the Southeastern Conference, and several school administrators.
Last week, a somewhat similar bill, the College Athletes Protection & Compensation Act, was proposed by Sens. Jerry Moran, R-Kan., Richard Blumenthal, D-Conn., and Cory Booker, D-N.J. Their legislation also aims to set NIL standards and establish a Medical Trust Fund for injured athletes.
The key distinction lies in their proposal for a College Athletics Corporation to oversee NIL agreements, instead of granting this authority to the NCAA.
