Amateurism Dilemma is Causing Federal NIL Legislation Delays
The debate over amateurism in college athletics is holding back NIL legislation from being passed.
A Democratic Senate aide tells Front Office Sports that "[i]f this was just about NIL, you would have a bill."
According to the report, there has been infighting between Democrats and Republicans as to whether the bill should include language that codifies student-athlete amateurism. Additional debates center on whether a federal body should oversee NIL enforcement or if the NCAA should receive limited antitrust protections.
States have varying laws on NIL, oftentimes conflicting with NCAA rules. For instance, some states allow schools to be directly involved with facilitating NIL deals, which the NCAA remains opposed to—at least for now.
With no uniformity in this space, it is understandable why 28 Division I Conferences have teamed up to advocate for federal NIL legislation.
Many key NCAA stakeholders, including the Southeastern Conference, Big 12 Conference, and NCAA President Charlie Baker, have expressed support for Senator Ted Cruz's (R-TX) draft NIL legislation.
Notably, Senator Cruz's legislation would prohibit universities, conferences, or the NCAA from classifying student-athletes as employees.
"The NCAA is excited to see this legislation move forward," said President Baker. "It would empower the Association to continue the work it's already begun to modernize college sports to best serve student-athletes. With the provisions contained in this bill, the Association will be well positioned to go further in our efforts to protect student athletes from exploitive behavior and provide consistent, national rules at a time when states are engaging in a race to the bottom to gain a competitive edge."
This cuts against the wishes of many Democrats who would like to see an NIL bill that incorporates revenue sharing and healthcare.
Looking at the industry from an elevated perspective, some form of federal legislation will eventually need to be passed to create uniformity. However, it does not seem likely to happen in the near future.
