What They Are Saying: Key Takeaways from the House Subcommittee on Commerce, Manufacturing, and Trade Hearing “Moving the Goalposts: How NIL is Reshaping College Athletics”
March 5, 2025
Witnesses: Mr. Shane Beamer, Head Football Coach, University of South Carolina; Mr. Josh Whitman, Director of Athletics, University of Illinois; Ms. Emily Cole, All-American Track Athlete, Duke University ‘24; Mr. Anthony Egbo Jr., Football Athlete, Abilene Christian University ‘24; and Mr. Justin Falcinelli, Former College Athlete, Clemson Football, and Vice President, College Football Players Association
On the Need for Federal NIL Standard
House Subcommittee on Commerce, Manufacturing, and Trade Chairman Gus Bilirakis (R-FL-12)
“The absence of a preemptive, uniform standard has led to the Wild West environment where sadly our student athletes are put in vulnerable positions where they can easily be exploited by those who do not have their best interests in mind.”
Ms. Emily Cole, All-American Track Athlete, Duke University ‘24
“It is essential to establish uniform rules for all student-athletes as opposed to the current patchwork of state laws. At the same time, we must protect Olympic and non-revenue sports from unintended consequences that could threaten their future.”
Mr. Anthony Egbo, Jr., Football Athlete, Abilene Christian University ‘24
“Uniform rules and clarity are needed to ensure that NIL fulfills its intended purposes and is not harmful for those it was created to benefit.”
Mr. Josh Whitman, Director of Athletics, University of Illinois
“To preserve the American collegiate sports model that has benefited millions of students, families, and communities for generations, we need help from Congress to pass comprehensive bipartisan legislation.”
“We’re looking for Congress to create a legally defensible space where we can fix college sports.”
Mr. Shane Beamer, Head Football Coach, University of South Carolina
“A national, bipartisan federal law will provide equal opportunity for all student-athletes to benefit from NIL and create a uniform standard to ensure we’re all playing by the same rules.”
“The national legislation that we need will promote academics and welfare for all our student-athletes, that allows for conferences and the NCAA to regulate without getting caught up in litigation.”
“If there’s a national standard…it will level the playing field for programs across the country.”
Congressman Darren Soto (D-FL-9)
“We see big programs getting bigger, and small programs struggling. More popular sports like football, basketball are surging in national popularity and resources, but other lesser known sports are lessening, and we need to recognize that."
Congressman Thomas Kean (R-NJ-7)
“As we consider federal legislation, it is critical we strike the right balance: ensuring that athletes can benefit from their NIL, preserving the integrity of college athletics, and keeping competition fair for all schools.”
Issues From Patchwork of State Laws
Congressman Russell Fry (R-SC-7)
“We have a patchwork of state laws…you have state legislators that are invested in preserving and enhancing their state institutions. There are some dangers on the horizon on where we go from this when states are doing their own thing.”
“You cannot have a patchwork of 50 state laws – you have to have one standard.”
Mr. Josh Whitman, Director of Athletics, University of Illinois
“The challenge we face today is the environment in which the change is occurring, highlighted by increasingly active state legislatures and outside entities advancing their own agendas. We now have an expanding patchwork of state laws that are frequently being adopted to create competitive advantage for their hometown institutions.”
“Some of these state laws are creating some inequity across our system that can only be addressed with federal legislation.”
Mr. Anthony Egbo, Jr., Football Athlete, Abilene Christian University ‘24
“NIL is a beautiful tool. But unfortunately, the reality right now is NIL is the Wild West. With more than 30 state NIL laws and litigation, different states and schools within those states are operating on different playing fields. To put it simply, everyone is not playing by the same rulebook.”
House Committee on Energy and Commerce Chairman Brett Guthrie (R-KY-2)
“The absence of a uniform national framework has allowed a patchwork of state laws and institutional policies to grow, creating disparities and confusion among students-athletes and universities alike.”
Impact of House v. NCAA Settlement
Mr. Shane Beamer, Head Football Coach, University of South Carolina
“A federal law codifying the settlement will maintain an education-based model for college sports while ensuring the opportunity for student-athletes to earn a degree and the tools necessary to be successful in life after sports.”
Educational Identity of College Sports
Mr. Shane Beamer, Head Football Coach, University of South Carolina
“There's a fantastic opportunity for our student-athletes to be able to capitalize on their NIL. At the same time, education has got to be at the forefront, where all our student-athletes leave the University of South Carolina with a degree.”
“One thing that hasn’t changed is student-athletes still have to go to school to be eligible to compete in college athletics.”
Congressman Craig Goldman (R-TX-12)
“The whole student body experience, in my opinion, is to get an education first. We all know the reality of this is with the NIL, with the money in sports now…we have a major problem in this country. We have to fix it, and I believe now it's up to us to fix it because there is no equality anymore; it's who gets paid the most.”
Mr. Anthony Egbo Jr., Football Athlete, Abilene Christian University ‘24
“We believe the opportunities we have come from being student-athletes first. We’re asking Congress to protect those opportunities.”
Congressman John Joyce (R-PA-13)
“The experience of being a student-athlete not only creates great academic opportunities but allows young adults to enter the world after college.”
Student-Athletes, Not Employees
Ms. Emily Cole, All-American Track Athlete, Duke University ‘24
“I am focused on continuing to promote and grow the equity with Olympic and women’s sports. I believe the employment model would make that extremely difficult.”
“Classifying college athletes as employees is not the right path forward. Doing so could put non-revenue sports, women’s sports, and small universities at risk due to financial constraints.”
Mr. Josh Whitman, Director of Athletics, University of Illinois
“Not once have I had a student athlete tell me I want to be an employee of this institution.”
Mr. Anthony Egbo, Jr., Football Athlete, Abilene Christian University ‘24
“Student-athletes want to remain student-athletes, not employees. Employment has serious potential to evaporate opportunity and access to college sports.”