September 27, 2022

ICYMI: Manchin, Tuberville Request Input from Athletic Collectives for Bipartisan Name, Image and Likeness Legislation

Washington, DC – Last week, U.S. Senators Joe Manchin (D-WV) and Tommy Tuberville (R-AL) requested input from athletic collectives across the country on their bipartisan legislation related to name, image and likeness (NIL). In August, the Senators solicited feedback from stakeholders, including university athletic directors, administrators, associations and student-athlete groups, on the legislative path forward. This feedback overwhelmingly requested that Senators Manchin and Tuberville address the role of athletic collectives within the NIL landscape.

“Last month, our Senate offices solicited input and feedback from a broad range of interested stakeholders on priorities for potential federal NIL legislation. The response to our solicitation was robust, and we appreciate the respondents’ thoughtful submissions. Notably, more than seventy percent of the commenters recommended that any future legislation address the issue of whether and how to regulate, control, or ban collectives,” the Senators said in part.

On June 21, 2021, the U.S. Supreme Court decided National Collegiate Athletic Association v. Alston, enabling the NCAA to revise its guidelines and allow student-athletes to receive compensation for the use of their NIL. Athletic collectives are entities designed to pool funds from private donors to maximize NIL’s impact on the recruitment and retention of college athletes. This letter is the latest step in the Senators’ joint efforts to gather comprehensive input and find a bipartisan legislative path forward that protects student athletes across the country.
 
“We now seek feedback from a representative sample of NIL collectives nationwide. In our August letter, we set forth our priorities for a legislative solution: to protect student-athletes, ensure fair competition and compensation, and preserve the time-honored traditions of college sports. We welcome your input as to how your organization advances these goals and how any potential legislation could provide a regulatory structure for your organization,” the Senators continued.
 
The letter is available in full below and here.

Dear [athletic collective]:
 
More than a year has passed since the U.S. Supreme Court decided National Collegiate Athletic Association v. Alston and the NCAA revised its guidelines to allow student-athletes to receive compensation for the use of their name, image, and likeness (NIL). It is difficult to overstate the changes to college sports that we have since witnessed.
 
As you may know, last month our Senate offices solicited input and feedback from a broad range of interested stakeholders on priorities for potential federal NIL legislation. The response to our solicitation was robust, and we appreciate the respondents’ thoughtful submissions. Notably, more than seventy percent of the commenters recommended that any future legislation address the issue of whether and how to regulate, control, or ban collectives.
 
Reflective of these comments, one respondent said: “collectives that are designed to compensate student-athletes in a thinly-veiled pay-for-play model damages the integrity of the collegiate athletic model, but more importantly eats away at the credibility and integrity of many fine institutions across the county…legislation should be put in place to restore the balance so an institution can protect its student athletes and fan base from schemes.” Another respondent acknowledged the need to protect women’s sports: “can requirements for collectives be implemented to ensure some equity in NIL deals to male and female athletes at an institution, similar to requirements of Title IX?” Several respondents recommend establishing a penalty structure for collectives that are involved in inducing student-athletes during the recruiting and transfer process, while others recommended a regulatory structure establishing when and how student-athletes may interact with third parties or collectives. Nearly all respondents recommended greater transparency in the process.

To that end, we now seek feedback from a representative sample of NIL collectives nationwide. In our August letter, we set forth our priorities for a legislative solution: to protect student-athletes, ensure fair competition and compensation, and preserve the time-honored traditions of college sports. We welcome your input as to how your organization advances these goals and how any potential legislation could provide a regulatory structure for your organization. Please share your comments in writing by October 3, 2022.