Will NCAA receive Congressional NIL solution? 'You’re barking up the wrong tree'

Sen. Lindsey Graham opened his time Tuesday in the Senate Judiciary Committee’s hearing on NIL by condemning Hamas’ recent attacks on Israel.

The Republican from South Carolina went on to describe college sports as chaos, citing how every Utah scholarship player is receiving the keys to a new truck, which runs on six-month leases and hinges on athlete’s enrollment. 

“Between the portal and NIL, college football is in absolute chaos,” Graham said.

The next 2.5 hours turned into a referendum on the future of college sports, as On3’s Eric Prisbell noted. NCAA president Charlie Baker, Big Ten commissioner Tony Petitti and Notre Dame athletic director Jack Swarbrick all spent much of their time making a case for why Congress needs to intervene, specifically in ensuring athletes are not classified as employees. 

This comes as the NCAA battles multiple court cases that would turn the amateur model on its head. As one source pointed out, the fight to codify that athletes are not employees is probably a decade too late. 

Lost in the questioning and testimonies was whether NIL legislation would actually ever come to fruition. National College Players Association president Ramogi Huma spoke for the need for a broad Congressional bill, while others implored Congress for a national standard. 

But will that ever come? 

“No, I felt like it put us further apart, which suits me,” said Marc Isenberg, who works in wealth management and teaches the NIL experience at USC’s Annenberg School for Communication and Journalism. “The NCAA did a fairly good job making its case, but as they like to do, it requires them to hide behind the 500,000 college athletes, most of whom are treated very well. 

“Then, it’s just fear-mongering of what’s happening and how a federal NIL bill helps solve it. [Ramogi] Huma and [Walker] Jones both did well but ultimately the NCAA and members can overcome weaker arguments with its well-oiled lobbying machine.”

Congress dealing with more than NIL

Graham’s opening remarks made it clear: Much more is at stake around the world than the NCAA’s future. Simply put, there’s a war raging in Ukraine. Hamas has launched an attack on Israel. A government shutdown could be a month away. The House can’t seem to find its next Speaker. 

Oh, the Presidential election cycle is only about to ramp up, too. 

The want to enforce recruiting inducements and protect athletes makes plenty of sense when the NIL working group is crafting proposals for the D-I Council. But in the halls of Congress, finding time to bring a bill to the floor for a vote is not a priority. Legislators want to assist the NCAA and college sports, something many rally around. This season’s college football TV numbers only back up that notion. 

But amidst elections and international conflict, NIL is not even on the current to-do list. At least for the NCAA, Baker is a seasoned politician who knows how to work the political system. 

“I think it tells you exactly where college sports should fall on the list of priorities that our Congress has,” Michigan regent Jordan Acker said. “Again, this goes back to something I said originally. Look, if you’re relying on this Congress to bail you out, you’re barking up the wrong tree. They can’t even figure out who their Speaker is, let alone something that could get passed with 60 votes in the Senate. 

“Nothing that’s happened to date changes my mind on that at all.”

When will Congress have time to create NIL consensus?

Seven bills have been introduced or floated as drafts in recent months, all addressing college sports and NIL in different ways. Yet each includes starkly different legislation.

Sen. Joe Manchin, who spoke Tuesday, introduced the Pass Act with Sen. Tommy Tuberville this summer. If enacted, it would prohibit athletes from entering the transfer portal during their first three years of eligibility (with some exceptions). Athletes would have to conform to a uniform standard contract, too.

Another bill draft introduced this summer by Sens. Cory Booker (D-New Jersey), Richard Blumenthal (D-Connecticut), Jerry Moran (R-KS) would include health care for athletes and protect women’s sports, in addition to providing NIL regulations.

While discussions could ultimately create a consensus, when would that time come amidst all the turmoil in Washington, D.C.? An increasing number of stakeholders view the efforts in Congress as a “Hail Mary.” Tuesday felt like a reminder of that.

“I know there’s some interest, it’s not a priority,” Acker said. “It’s not going to be a priority. President Baker, the commissioner should really look for a way to move forward without Congress and frankly, before the courts do.”

NCAA at NIL crossroads

The NCAA is at a perpetual crossroads. Tuesday marked the 10th hearing on NIL legislation since 2020. It’s the third to come under Baker’s tenure. The D-I Council’s latest NIL proposals could be adopted as soon as January. Baker said more could be introduced this spring. Multiple sources also continue to tell On3 of NIL enforcement interviews occurring across the country. 

Making the best of the situation and enforcing policy could be a steep challenge for the NCAA. But it’s the best strategy to produce an outcome that it wants. Continuing to go down the Congressional path could just cause more “chaos,” even if nothing is truly broken. 

“After watching the hearing today, I don’t know that anybody can believe we’re any closer to any comprehensive NIL legislation or college athletics legislation,” Acker said. “I would implore collegiate leaders to consider other options, including finding a solution that would pass antitrust measures themselves.”