‘Bill of Rights’ proposal could reshape NCAA

U.S. Sens. Cory Booker and Richard Blumenthal on Thursday introduced legislation that would dramatically alter the compensation and treatment of athletes in major-college sports programs.

The measure backs those changes with a variety of enforcement provisions that would be directed by a commission whose governing board would be appointed by the president and have subpoena power. It also would provide athletes and state attorneys general the right to sue for enforcement.

The 61-page piece of legislation, named the “College Athletes Bill of Rights,” would go far beyond other recently introduced bills largely aimed at improving athletes’ ability to make money from their names, images and likenesses (NIL).

For example, Booker, D-N.J., and Blumenthal, DConn., want to see athletes annually receive money directly based on the revenue surpluses they help their teams generate. They also want athletes to have long-term health care and educational protections.

Their bill would mandate not only individual NIL rights but also athletes’ ability to market themselves as a group. That step, among other impacts, would begin to create a mechanism for athletes to be legally depicted in once-popular video games that were discontinued amid NIL litigation against the NCAA.

From an individual NIL standpoint, schools would not be able to prevent athletes from having arrangements based on what they do outside of mandatory team activities. Schools also could not “prohibit or discourage” an athlete from wearing the shoes of their choice in mandatory team activities “unless the footwear has lights, reflective fabric, or poses a health risk.” This and other parts of the bill essentially would allow athletes to have endorsement deals – including with shoe and apparel companies – that conflict with schools’ contracts.

That runs counter to proposals for NIL rules changes the NCAA is scheduled to vote on in January.

The bill is “the result of growing outrage with a failure to protect athletes’ health and safety and treat them fairly financially,” Blumenthal told USA TODAY Sports. “Literal blood, sweat and tears of athletes have fueled a $14 billion industry with very little benefit to them – and a lot of harm.

“This bill of rights is a sweeping, comprehensive effort to protect their health, safety and wellness, as well as their educational opportunities and their financial well-being. Yes, it looks big because it is. But every element is very practical and doable. And it has a very powerful enforcement mechanism.”

The bill would provide for the formation of a Commission on College Athletics that would have broad enforcement and oversight responsibilities.