Student-Athlete Name, Image, and Likeness Governance: Examining Federal Legislation

The intersection of politics and sports is at its most consequential when judicial or legislative proceedings are needed to solve complex industry problems. Student-athletes receiving the ability to profit from their name, image, and likeness (NIL) ignited an industry disruption in college sports. The troublesome NIL activities in recruiting, sponsorship practices, and an unsettled financial environment for university athletic departments demonstrate a need for regulation. Governance instability of the National Collegiate Athletic Association being unable to pass a comprehensive NIL policy and its systems found in multiple court cases to violate antitrust laws, along with the different state laws influencing which university student-athletes attend create the desire for federal intervention. This article examines the seven federal legislative NIL proposals introduced in the U.S. Congress in 2023. The perspective of the U.S. Congress is timely and necessary as it is the authoritative entity that can provide regulatory stability to NIL governance.