OPINION:
As a former member of Congress, I understand the public’s frustration with the dysfunction and gridlock of Washington politics. From threats of government shutdowns to countless elections for House speaker, the 118th Congress has been particularly chaotic and unproductive. Thankfully, lawmakers can seize a rare opportunity to pass sensible, bipartisan reform to a pressing issue: name, image and likeness rights in college sports, known as NIL.
The policy landscape for collegiate athletics has already changed dramatically in recent years, with more changes on the horizon. College athletes now have the ability to secure NIL deals, endorsements and sponsorships. While this is certainly a net positive for thousands of student-athletes, it has also produced unintended consequences that threaten the future of college sports.
With no federal guidelines in place, 32 states have pursued their own NIL regulations, and more states are expected to join them. The patchwork of competing state laws makes for a confusing environment for athletes, coaches and recruiters to navigate.
Under the status quo, third parties have also transformed college sports — and not for the better. Groups have introduced pay-for-play schemes where student-athletes receive inducements for their NIL activity. Such deals are typically won by the highest bidder, with no oversight against fraud and abuse. This dynamic opens the door for agents and sponsors who don’t have athletes’ best interest at heart.
Worse yet, these monumental changes in college athletics have placed certain students and schools at a significant disadvantage. Sports that do not generate revenue, such as women’s and Olympic athletic programs, receive less resources than their NIL-supported counterparts. Likewise, smaller schools — already adversely affected by tighter budgets — are struggling even more with recruitment.
On top of that, there has also been consideration of whether or not student-athletes should be classified as employees of their school. These athletes already face the tricky balancing act between their studies and sports; labeling them as university employees would add another level of pressure to their already busy lives and create a whole host of issues.
Like employment status, issues such as revenue sharing are at the forefront of the conversation and will have drastic impacts on how university athletic departments operate.
Recently, NCAA President Charlie Baker outlined a proposal for his vision of the future of college athletics. Mr. Baker suggests the creation of a new subdivision of schools where universities would be required to make minimum payments of $30,000 per year into an educational trust fund for at least half of the university’s student-athletes.
While this proposal presents interesting topics for the start of a discussion, many of Mr. Baker’s recommendations would only further the divide that exists in college athletics, and much work remains to be done on many of the other issues plaguing college athletics.
Ultimately, it should be clear at this point that congressional action is still required to ensure opportunities for male and female athletes across the spectrum are preserved and that a national standard for matters including NIL is put in place.
At the end of the day, it is essential to reaffirm the long-standing notion that academics are at the center of the college experience. Keep in mind that less than 2% of college athletes turn professional. The vast majority recognize their athletic program makes possible their ultimate goal: a college degree.
Momentum is growing among lawmakers in both chambers and on both sides of the aisle. I applaud some of my former colleagues for recognizing the importance of addressing this issue and introducing bipartisan, sensible bills to nationalize NIL standards.
Legislators should focus on establishing a national framework that focuses on prohibiting inducements while protecting college athletes’ identity as students, not employees — something student-athletes largely oppose anyway. All student-athletes and all athletic programs deserve a more level playing field. I am encouraged to hear that several college sports commissioners recently met with members of Congress to relay these views.
As we enter this crucial election year, the clock is ticking for lawmakers to defend the rights of student-athletes while protecting the cherished tradition of collegiate sports. A national standard for NIL is the solution we can all root for.
• Lacy Clay represented Missouri’s 1st Congressional District from 2001 through 2021.
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