How does getting a deal done with Congress work in your mind? Because this is exactly how it works.
Dude, I have literally lobbied in the state legislator to get a bill sponsored. I've gone door to door with one of the most prominent politicians in this state. I have received assistant from my representative in an immigration matter. I'm also on a political Facebook page that's prominent enough that Facebook demanded personal information because they were worried about election interference. I'm not a political novice. You painted an overly rosy picture of what is really a bunch of buffoons bumbling around.
That aside, there's no point in us arguing about things that don't even exist yet. I just can't imagine a worse pairing than Congress and the NCAA, with a boost from the politicians in California. It's a giant mess.
Think USCw has already been in Bryce Young's ear about the endorsement opportunities in Los Angeles vs. Tuscaloosa?
Also, suppose it becomes 'known' that if a player enters the transfer portal, certain boosters will provide 'likeness incentives' to players who transfer to their colleges?
This gets into the reason why endorsements was such a bad way to go about this. It's one thing to say we want a better deal for players, but there's really not that much difference between the California law and anything the NCAA can come up with, because this is almost impossible to regulate, especially once you start to get disgruntled parties. That's why I said this was a train wreck and you can't make people happy with this. What ever you do, people are not going to be happy and there's just no way for this to end well.
Anyway, let's assume that Congress and the NCAA get together and fabricate some rules. What would they have to be in order to prevent this sort of thing from occurring? How do you keep it from being recruits being openly bought for 7 figure sums, and transfers being purchased in similar fashion?
Well, first off you have to find a way to get players to their destination school with true amateur status intact. If they can already sign endorsements while being recruited, the cat is already out of the bag. There's no rule the NCAA is going make in this new reality, short of declaring them ineligible that's going to prevent open bidding. Some might counter that there are already deals being made, and I won't argue with that. But, by allowing them to be openly professional you are removing the cap. The only limitation will be how much a booster is willing to spend.
So, let's assume you get past that hurdle and they are not eligible for endorsements until they sign with a school. Then what? If you let it become a direct agent to player scenario, you are basically undoing some of the things the NCAA specified they wanted to do, like maintain competitive balance. Top players are going to be choosing a school based on potential endorsement deals, unless that money is somehow deferred or limited.
The same goes for transfers, once a player has shown their ability, the only thing preventing more open bidding is if the money isn't going directly into their hands. The only way to deal with that I can come up with is some sort of a agency run by the school, conference or God help us, the NCAA. If someone wants to sign a deal with a player, they'd go through this agency, they'd probably have some sort of scales to go by and then there is a question of what happens to the money.
If it goes directly to the player's pocket, we're back at square one. All you have to do to induce someone to go to a particular school is promise a particular endorsement. So the only thing you can really do to prevent that is cap the money in some way. One solution might be to have the deal with a team as a whole, or conference even. Even then, more money is going to be flowing to players at particular schools.
A lot of potential solutions seem to me to be worse than the problem. For instance do you just end up redistributing money from sponsorship deals? This would be made even worse if a deal asked something of a player's time and then they have to give most of that money away.
Deals with the university instead of a player could bring back the NCAA Football game and the like. For instance you're able to use the player's likeness, but which player is up to you. You are not however able to ask anything of the player's time. So you could make jersey's, use existing media, but not have him come in and do a shoot with you. This still would still benefit more schools than others, but the money could be distributed to all the players and as such weaken the ability for a booster to entice particular players.
A lot of this sounds like a bad idea, but I think the premise is a bad idea. I was ok with limited use of likeness tied to specific perks (like jerseys with the player's name on it in return for loss of future earnings insurance) or putting a percentage of NCAA proceeds into a retirement fund for athletes. But, I can't come up with a good way to do what they're proposing to do. I can't come up with a fair way to go about this that doesn't turn this into a professional sport without a salary cap. You let an athlete be paid for autographs, he can be paid 10,000 per autograph (wink wink). You let him be paid for an endorsement, and there are boosters that are going to pay incoming guys 500K to endorse their oil company or something. The system just isn't set up to handle this scenario.