Senators Joe Manchin (D-W.Va.) and Tommy Tuberville (R-Ala.) have introduced bipartisan legislation aimed at reshaping college athletics and protecting student-athletes. The bill, known as the Protecting Athletes, Schools and Sports Act or PASS Act, comes in response to the evolving landscape of collegiate athletics and the need for a nationwide standard for the use of a student-athlete’s name, image, and likeness (NIL).
The legislation arrives two years after the U.S. Supreme Court held the NCAA accountable for illegally restricting education-based benefits that could serve as compensation for student-athletes. In response, the NCAA Division I Board of Directors temporarily suspended its NIL compensation rules in 2021, anticipating either new guidelines from the NCAA or legislation from Congress.
Senators Manchin and Tuberville have taken the initiative with their legislation, which aims to establish robust rules for collectives and boosters, safeguard student-athletes, and ensure a level playing field among schools and states.
Under the PASS Act, collectives and boosters involved in college sports must have an affiliation with a college or school. The legislation prohibits inducements and forbids certain NIL agreements that involve alcohol, drugs, or contradict existing school and conference licenses.
One significant provision of the bill involves the NCAA’s role in supervising and investigating NIL activities. The NCAA would be responsible for reporting violations to the Federal Trade Commission, as outlined in the legislation.
The PASS Act also proposes modifications to the transfer portal. It mandates that student-athletes fulfill three years of academic eligibility before transferring without penalties, with limited exceptions.
The legislation addresses student-athlete healthcare as well. Four-year institutions would be required to provide healthcare coverage for student-athletes, even up to eight years after graduation if they remain uninsured. Colleges and universities with substantial resources would bear the responsibility of covering their athletes’ out-of-pocket medical expenses, with the commitment period tied to the institution’s athletic revenue.
Senators Manchin and Tuberville emphasized that the legislation is the result of two years of constructive dialogue with stakeholders. As former college athletes themselves, they understand the importance of sports in developing valuable life skills and providing opportunities. The PASS Act seeks to strike a balance between protecting the rights of student-athletes and maintaining the integrity of college sports.
The bill has received endorsements from various entities, including NCAA President Charlie Baker, the Big 12 Conference, the Southeastern Conference, and several school administrators.
In a similar vein, Senators Jerry Moran (R-Kan.), Richard Blumenthal (D-Conn.), and Cory Booker (D-N.J.) proposed the College Athletes Protection & Compensation Act last week. Their legislation also aims to establish NIL standards and establish a Medical Trust Fund for injured athletes. However, their proposal suggests a College Athletics Corporation overseeing NIL agreements, rather than granting authority to the NCAA.
As the landscape of college athletics continues to evolve, bipartisan efforts such as the PASS Act are crucial in shaping comprehensive guidelines and protecting the interests of student-athletes. The proposed legislation aims to provide clarity and fairness while ensuring the continued growth and integrity of collegiate sports.
