Legislation establishes national NIL standards, boosts funding for women’s and Olympic sports, and creates new health and safety protections for student athletes.
U.S. Senators Maria Cantwell (D-Wash.), Cory Booker (D-N.J.), and Richard Blumenthal (D-Conn.) today introduced the Student Athlete Fairness and Enforcement (SAFE) Act, a sweeping piece of legislation designed to stabilize college athletics by codifying student athlete rights, expanding revenue streams for all schools, and safeguarding non-revenue sports.
The SAFE Act aims to replace the current “patchwork of state laws” governing Name, Image, and Likeness (NIL) with a strong federal standard, granting all college athletes NIL rights for the first time. The bill also establishes uniform health and safety protocols—such as standards for brain injury and heat exertion—and provides a ten-year scholarship guarantee and five years of post-eligibility medical coverage for sports-related injuries at Division 1 schools.
A cornerstone of the legislation is its approach to revenue. It amends the Sports Broadcasting Act of 1961 to allow colleges to collectively negotiate their media rights, similar to professional leagues like the NFL. This pooled revenue is intended to benefit all schools, not just the wealthiest conferences, with a mandate that the increased funds be used to maintain scholarship and roster slots for women’s and Olympic sports at 2023-2024 levels.
“This legislation is a path through the new world of NIL,” said Sen. Cantwell, Ranking Member of the Senate Commerce Committee. “This bill will protect athlete rights, preserve women’s and Olympic sports, and help smaller schools compete. It is a fair shake for everyone.”
Furthermore, the bill takes aim at what critics have called the “wild west” of the NIL landscape by cracking down on “bad actor” agents and collectives. It requires agents to register with a state, caps their fees at 5 percent, and provides a private right of action for athletes against those who violate NIL rights. To prevent “pay-for-play,” the bill mandates that collective NIL deals must be for a “valid business purpose” with compensation commensurate to the market.
Sen. Booker stated the Act “empowers athletes and strengthens protections for their health, safety, and education,” contrasting it with “harmful legislation being considered in the House.” Sen. Blumenthal emphasized that the measure “centers athletes’ rights and wellbeing with real reforms while bringing schools the clarity they need.”
The SAFE Act also addresses other major college sports concerns, including setting a national standard that allows student athletes to transfer twice without having to sit out a year. It also mandates that football and basketball games be made available for free in schools’ local media markets, similar to NFL broadcasting rules. The legislation respects the Grant House vs. NCAA settlement by leaving the 22 percent revenue share cap in place, a provision that Cantwell noted contrasts with other proposed legislation.
Enforcement of the new rules will be bolstered by giving the FTC and state attorneys general new authority to sue in court for violations.
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