have attempted to reach a bipartisan solution, after introducing dueling Democrat and Republican proposals over the past year. If they’re successful, it would be the first time that Congress has directly legislated the governance of college athletics. But while one Democratic Senate aide said staff had been holding meetings multiple times a week, if not multiple times a day, negotiations have stalled in recent weeks.
That’s prompted a scramble by the NCAA and college sports programs, who fear that state laws around NIL profits and additional litigation could jeopardize the world of amateur college sports altogether. Among the industry’s top priorities: a legal shield from retroactive lawsuits filed as a result of actions that violated whatever legislation Congress might pass before it is enacted. Advocates have also asked Congress to create a national standard for NIL, given conflicting state laws.
The NCAA and the conferences fear that the patchwork approach could create an unequal playing field for recruiting. For example, one state may allow a player to wear the school’s logo in an endorsement, a designation that is likely to add value to the endorsement deal, and another may not — providing an enticement for a high school recruit to choose one school over another.
“Really, the NCAA and the conferences and the schools are asking Congress for a favor, and from our perspective they haven’t earned the favor,” he said. “There’s dead bodies, there’s people being sexually abused with no recourse that the NCAA is ignoring, so there’s a lot of issues in NCAA sports. If Congress gets involved, they should actually do something to make it better.”
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