U.S. Senators Tommy Tuberville, Joe Manchin Introduce New Bipartisan Bill To Regulate Name, Image And Likeness In College Sports

The current state of Name, Image and Likeness (NIL) in college sports is lawless and unregulated. There is no definitive framework around what is and is not acceptable. There is no one to enforce the few rules that are in place.

Coaches and administrators across the country have expressed their frustration with the landscape of NIL. Amateur athletics are no longer amateur.

Several SEC coaches, including Nick Saban, traveled to Washington, D.C. to discuss NIL regulations with lawmakers back in June. Congress chose not to take action at the time.

Charlie Baker, who assumed duties as the sixth NCAA president on March 1, expressed his frustration with the current system. He wishes that NIL had been introduced with proper framework when it came to be on July 1, 2021.

All of these problems could have been avoided. Most of them could have been foreseen.

I think it was a big mistake by the NCAA not to do a framework around NIL when they had the opportunity to. And I think there were too many people in college sports who thought no rules would work really well for them. And what everybody's discovered is no rules, no transparency, no accountability, no framework, doesn't work well for anybody.

With the cat already out of the bag, the NCAA is limited in its ability to reel it back in. If things are to change, it needs to come from a government level.

Senators Tommy Tuberville and Joe Manchin are pushing for tangible change with NIL.

Senators Tommy Tuberville and Joe Manchin introduced a new bill to regulate NIL rights on Tuesday.

The former previously served as head football coach at Ole Miss, Auburn, Texas Tech and Cincinnati. He is a Republican from Alabama.

Sen. Tommy Tuberville(Photo by Mike Zarrilli/Getty Images)

The latter enrolled at West Virginia University on a football scholarship in 1965 before an injury ended his career. He is a Democrat from West Virginia.

Sen. Joe Manchin(Photo by Simon Bruty/Getty Images)

The bipartisan bill marks the culmination of a yearlong initiative. Both Senators have engaged with a "broad range of stakeholders" in effort to protect student-athletes. They also aim to ensure fairness in competition and compensation while preserving collegiate athletes.

Senator Tuberville is excited about the mutual goal that he shares with Senator Manchin.

Student-athletes should be able to take advantage of NIL promotional activities without impacting their ability to play collegiate sports. But we need to ensure the integrity of our higher education system, remain focused on education, and keep the playing field level. My legislation with Senator Manchin will set basic rules nationwide, protect our student-athletes, and keep NIL activities from ending college sports as we know it.

Senator Manchin echoed Senator Tuberville's sentiment toward balance.

As a former college athlete, I know how important sports are to gaining valuable life skills and opening doors of opportunity. However, in recent years, we have faced a rapidly evolving NIL landscape without guidelines to navigate it, which jeopardizes the health of the players and the educational mission of colleges and universities. Our bipartisan legislation strikes a balance between protecting the rights of student-athletes and maintaining the integrity of college sports. I urge my colleagues on both sides of the aisle to consider this commonsense legislation as a way to level the playing field in college athletics.

The bill is called "the Protecting Athletes, Schools, and Sports Act of 2023."

It is called the "PASS Act" for short.

Senators Tuberville and Manchin's NIL legislation focuses on six main points.

Not only does the bill target Name, Image and Likeness reform, it also narrows-in on the transfer portal.

Senators Tommy Tuberville and Joe Manchin(Photos by Anna Moneymaker/Kevin Dietsch/Getty Images)

The "common-sense guidelines" include:

The first five points of emphasis within the bill are largely conventional. The sixth, regarding transfers, may be a point of contention.

The entire 38-page bill can be found HERE.

Three major players in the Southeast are on board with the bill.

Christopher B. Roberts, President of Auburn University, is excited to see where it leads.

Auburn University appreciates the efforts undertaken by Senators Tommy Tuberville and Joe Manchin to create a national framework for NIL that establishes clear rules and addresses the patchwork of conflicting state laws governing collegiate athletics. We look forward to continuing to work with these offices, other members of the House and Senate, and the Southeastern Conference as this process continue.

Stuart R. Bell, President of the University of Alabama, shared similar thoughts.

We are appreciative to the Senators for their leadership in developing national standards aimed at protecting student-athletes and preserving the integrity of, and opportunities provided by, intercollegiate athletics. We are grateful for their collaboration and remain optimistic about the efforts to produce effective national legislation

The Southeastern Conference, which is driving much of the NIL conversation, is also in support.

The Southeastern Conference appreciates the efforts of Senator Tommy Tuberville and Senator Joe Manchin in their work to craft a bill that addresses the opportunity for college athletes to benefit from their name, image and likeness, and other issues important to the future of college sports. Senators Tuberville and Manchin have a keen understanding of the need for national standards to preserve the integrity of fair competition at all levels of intercollegiate athletics. We look forward to continuing to engage with members of the House and Senate to refine and work toward effective national legislation that creates and preserves opportunities for all college athletes.

It's worth noting that all three statements keep the door open to collaborate with other members of Congress. Even beyond Sens. Tuberville and Manchin. All three parties are actively seeking change and hope to find a common ground that serves everybody involved.

This NIL bill is different from legislation introduced last week.

A bipartisan trio of shared a draft of their legislation proposal on Thursday. It goes beyond NIL regulation and would require NCAA schools to be more transparent about finances.

Senators Corey Booker, Jerry Moran and Richard Blumenthal focused on the following:

What's next?

Both bills, though different, would have to go through the same process.

Sens. Tuberville and Manchin will need to formally introduce the bill in the Senate. The bill will then be referred to a relevant committee for thorough examination. Experts and stakeholders provide input.

If the committee approves the bill, it will go to the full chamber for debate and voting. If a majority of members support it, the bill will pass in that chamber. Next, it will move to the other chamber for a similar process.

If both chambers agree on the final version, the bill will be sent to the President. The President would then sign it into law or veto it and send it back to Congress. Congress can override the veto with a two-thirds majority vote in both chambers.

That leaves two main questions—

In the meantime, Tuberville and Manchin will try to draw as much support as they can.