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Rep. Gus Bilirakis 'confident' Congress can develop NIL legislation

Nakos updated headshotby:Pete Nakos09/08/23

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Gus Bilirakis
Provided by Rep. Gus Bilirakis

Rep. Gus Bilirakis issued a statement to On3 on Friday, voicing his confidence that through “continued collaboration” with his peers Congress can create a federal mandate to address name, image and likeness in college sports.

Earlier this week, the latest draft of Bilirakis’ NIL bill surfaced. The clearest shot to date at NIL collectives – which raise donor dollars to funnel back to the athletes – included language that would require the organizations to disclose contact details for boosters or risk “perjury,” while also establishing a website to report alleged NIL violations.

With the House expected to reconvene from the August recess on Tuesday, Bilirakis, a representative from Florida, is hopeful he can develop a model for college athletics moving forward.

“My colleagues and I remain committed to working with all stakeholders to develop a final product that preserves the ability of college athletes to profit from their own NIL while maintaining the amateur status of college sports,” Bilirakis wrote in a statement to On3. “We have an updated draft that reflects ongoing dialogue on this topic, and I am confident that with continued collaboration we will develop a final product that facilitates improved transparency and the creation of a more equitable system that is beneficial for all.”

The chair of a subcommittee of the House Committee on Energy and Commerce, Bilirakis has become one of the most vital figures in the fight for NIL reform on the Hill. Bilirakis played a pivotal role in organizing March’s legislative hearing on college athletics. Working closely with Washington Rep. Cathy McMorris Rodgers, a cast of stakeholders and current and former athletes testified in front of his subcommittee for nearly three hours.

What’s in the FAIR NIL legislation draft?

Bilirakis previously told On3 he aimed to hold a second legislative hearing before the August recess. Those plans did not come together, but the latest draft of the Fairness, Accountability, and Integrity in Representation (FAIR) of College Sports Act points to progress being made.

Here are some key takeaways:

+ The bill would ban tampering in recruiting and the transfer portal. A public database would be launched to display figures from NIL deals.

+ Agents could not sign agreements with an athlete until they’ve spent 45 days enrolled in an institution.

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+ Collectives would be required to register with a U.S. Intercollegiate Athletics Commission and provide their list of donors. Within 30 days of signing an agreement with an athlete, a collective would have to provide the USIAC with a copy of the agreement and “an affidavit, under penalty of perjury, that the registered collective has not used the NIL agreement as an inducement.”

Where does the battle for NIL reform stand?

With both bodies of Congress making their way back to Washington, D.C., the next few weeks will provide the stress test to see if NIL is truly a priority. The top issue elected officials will be focused on is avoiding a government shutdown.

Where does saving college sports fit in? That much isn’t known. With an upcoming presidential election, forcing through a piece of legislation will not be easy. No NIL bill has even been voted out of committee, never mind brought up for a vote.

NCAA president Charlie Baker has not given up hope. Since taking over as NCAA president in March, he made multiple trips to Washington, D.C., to lobby legislators for a federal mandate. A registry of NIL deals, a certification process for agents and a uniform NIL standard have always been on his wishlist for lawmakers to enact. The recent round of conference realignment has complicated that, however, as elected officials may have a hard time seeing the need to control athlete compensation.

The latest round of conference realignment showed just how much money is being made from college athletics, specifically football. Will politicians want to spend their time “fixing” NIL? The next six to eight weeks should provide that answer.