Capito hails Senate progress on NIL reform legislation
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CHARLESTON - A bill co-sponsored by U.S. Sen. Shelley Moore Capito to put guardrails around sports name, image and likeness rights is one step closer to full passage in the Senate.
Speaking during a conference call with West Virginia reporters from Capitol Hill, Capito said S. 4668, the Protect College Sports Act, would stabilize name, image and likeness rights and transfer portal regulations, while preserving women’s and Olympic sports.
"The college sports system is just run amok. It’s the wild, wild west," said Capito, R-W.Va. "It’s come to a point where students are transferring all over the place every year. They’re getting paid under the table ... and honestly the NCAA hasn’t handled it ... so we are going to do this."
A cloture motion to proceed with consideration of the legislation passed the Senate Tuesday in a 74-24 vote, easily exceeding the 60-vote minimum needed to be fully considered and avoid a filibuster.
In yet another procedural vote Thursday, a motion to proceed to consideration passed 77-22. It still needs a simple majority vote to pass and be sent to the U.S. House of Representatives.
"This protects that athlete, and it also brings it back a little bit closer to what our college athletics was meant to be," Capito said.
S. 4668 would codify NIL rights for student-athletes, prohibiting colleges/universities, athletic conferences and sports associations from restricting a student-athlete from financially benefiting from NIL or revoking eligibility. The bill would put in place transparency requirements, with student-athletes being required to disclose any NIL agreement exceeding $600 and require a public database to ensure endorsements are based on market value.
The Protect College Sports Act includes provisions for athlete welfare by setting national standards for medical coverage, long-term health protections and academic freedom, while also preserving the current status of students as non-employees. It would establish an Office of the Student Athlete Ombudsman and create a $60 million to $100 million catastrophic injury fund. Division I schools would be required to provide full coverage of all out-of-pocket medical expenses, as well as up to five years of post-eligibility care.
The bill outlines strict rules against recruitment tampering and creates a congressional commission to provide ongoing recommendations for the industry’s future. It also offers a targeted antitrust exemption for athletic associations that comply with these federal regulations, specifically regarding media rights and eligibility enforcement.
The legislation provides a national standard for athlete mobility and the duration of their competitive careers. Student-athletes would only be permitted to transfer schools once without loss of eligibility or twice with a loss of eligibility for one academic year. Additional transfers could be permitted if the student-athlete's sport is discontinued, a coach leaves, the student wishes to pursue a graduate degree or in the event of sexual assault or harassment claims.
"The bill does give you the right to transfer, but only once and then if you transfer twice, you’re going to have to sit out a year," Capito said. "These are student-athletes, most of them recruited out of high school. It’s not fair competition, and that shouldn’t be occurring. This is supposed to be about educating students and making them into whole people beyond being competitive athletes."
The act would require athletic conference members to preserve traditional rivalries, defined by historic frequency of play, as well as maintain intra-conference competitions.
"We're also making sure you can’t create a super league," Capito said. "We see some, particularly the SEC, Hoovering in schools. I worry about that for our own, obviously WVU and Marshall."
Leah Payne, the director of university communications at Marshall University, said Marshall University President Brad D. Smith was supportive of the act and remains in contact with the state’s congressional delegation. Marshall University released a white paper last month, "From the Mountains, Not the Sidelines," raising concerns about financial issues that will come with NIL rights, the need for transfer portal reform and other concerns.
"Marshall University’s leadership has publicly expressed its support for the Protect College Sports Act, citing the legislation as an important step toward uniformly establishing national rules for intercollegiate athletics," Payne said. "The university has been in contact with West Virginia’s federal delegation regarding this legislation and is hopeful to see real meaningful change that protects student-athletes and addresses NIL, eligibility and transfers, as well as significant financial considerations."
The Big 12, the conference of which West Virginia is a member, also supports the Protect College Sports Act. WVU President Michael Benson penned an op-ed in August calling for its passage.
"The moment calls for leadership. A thoughtful federal framework will provide clarity for student-athletes, institutions, conferences, and fans while preserving what makes college sports unique: their connection to education, community, and opportunity," Benson wrote. "Congress has an opportunity to provide that leadership ... it should seize it. A chance like this to enact meaningful and sustainable change may not present itself again."
Capito said she was particularly happy with provisions in the bill that would require institutions receiving collective media rights revenue to maintain at least as many grant-in-aid opportunities and roster spots for women's and Olympic sports as they provided in the 2024-25 academic year.
"I was a Division I athlete myself. My daughter was as well," Capito said. "My main focus has been on the preservation of women's and Olympic sports. I want to make sure that whatever we do is not going to disadvantage all of the opportunities that women have to play sports and our Olympic sports to be able to develop."