- Mitch McConnell urged a majority of universities to get behind a single name, image, and likeness (NIL) bill.
- Otherwise, the Senate Minority Leader said it will be difficult for Congress to pass anything.
Senate Minority Leader Mitch McConnell on Thursday expressed frustration that universities still haven't figured out a name, image, and likeness proposal they can support that would allow Congress to end the "patchwork" of state laws that have upended college athletics.
"It's a pretty big mess right now," McConnell told conservative radio host Hugh Hewitt. "We have a patchwork of state laws across the country that have done different things. They probably do need a federal solution."
McConnell, who previously called for a federal solution, said the biggest problem is that universities can't seem to get on the same page of what they want. His observation isn't surprising as some universities, governors, and lawmakers see a benefit in allowing each state to determine its own NIL standards. Having a more expansive state law is now an asset akin to a new practice facility or a massive weight room.
"I think the colleges would like us to step in," the Senate's top Republican said. "The problem is if they don't come behind a particular proposal, we'll screw it up going through the legislative process. What I've said to them repeatedly is before we can act, we have to know what you want."
In the interim, the NCAA has mostly allowed states to proceed on their own. College athletics' governing body has taken a backseat in the wake of the Supreme Court's landmark unanimous ruling in 2021 that opened the door for athlete compensation. For years, the NCAA had argued that any whiff of compensation would tarnish the amateur nature of college sports. The ruling further undermined the NCAA's authority to restrict the benefits athletes can receive. In the wake of the decision, the NCAA voted to allow athletes to get paid through NIL. The floodgates were open.
Per one tracker, 32 states have passed some version of name, image, and likeness laws. Some states allow for NIL benefits for high-school athletes. Missouri's newly passed NIL law is regarded as one of the most expansive in the country, explicitly allowing coaches and school officials to talk about NIL with potential recruits. The state even went so far as to write into the law a provision that seeks to bar the NCAA from ever investigating potential NIL improprieties.
Multiple bills introduced in Congress, but none have come anywhere near close to becoming law. NCAA President Charlie Baker, the former governor of Massachusetts, has pressed lawmakers to pass something.
Republican Sen. Tommy Tuberville, a former Auburn University football coach, has discussed the issue with both his colleagues and his former coaching colleagues. Democratic Sen. Joe Manchin, who is close friends with Alabama coach Nick Saban, is also looking into the matter. With more pressing business, lawmakers have encountered skepticism about whether Congress should devote time to the matter.
Not everyone is happy with NIL either. Look no further than McConnell's fellow Kentuckian, Sen. Rand Paul. Paul went off on the fallout from the Supreme Court's decision during an unrelated hearing about the PGA's proposed merger with the Saudi-backed LIV Golf.
"Now everybody that plays basketball in college is gonna be driving a Bentley or a Rolls," Paul said. "I mean, we're gonna be seeing rap stars instead of basketball stars."