Senate Effort to Save College Sports
The federal government is making a fresh attempt to address the challenges facing college sports. The Senate has introduced the Protect College Sports Act, a bipartisan piece of legislation that aims to establish enforceable laws within the college sports landscape. This effort focuses on several pressing issues, including the ability of athletes and coaches to move between schools.
The Starting Point
Senator Maria Cantwell (D-WA) and Senator Ted Cruz (R-TX) unveiled the bill to the media on Wednesday. While some in the media quickly dismissed the legislation as unlikely to pass, it is important to note that this is likely not the final version. To pass, the bill requires 60 votes in the Senate, which means there will be multiple rounds of negotiations. As is typical in Congress, some elements of the bill may be altered, others dropped, and new sections added. This process is similar to what was seen in the past with educational programs like Schoolhouse Rock.
Senator Chris Murphy (D-CT) criticized the bill, calling it anti-athlete. It introduces new restrictions on certain financial aspects tied to student-athletes. The bill also strengthens the enforcement powers of the NCAA and the College Sports Commission (CSC), giving conferences more decision-making flexibility.
Supplanting the House Bill
One notable aspect of the new bill is its lack of an official stance on whether college athletes should be considered employees of their schools. In contrast, the House bill, the SCORE Act, had previously prohibited student-athletes from obtaining employee status. However, the House bill was torpedoed last week when the Congressional Black Caucus boycotted it. The absence of a formal position on this issue could leave it up to federal courts to decide if a college athlete files a class action suit against college sports in the future.
The Details
The Senate bill reinforces the terms of the recent House v. NCAA settlement. It codifies parts of the agreement that provide limited antitrust protection to the NCAA and the CSC for rule enforcement. This includes strict standards to limit third-party deals with athletes that are not legitimate NIL structures. The P4 schools, which supported the legal settlement, have been resistant to the CSC’s authority.
After the settlement was finalized and a $21.3 million revenue-sharing cap was imposed, some schools began violating the new rules by redirecting corporate sponsor money to their teams, disguising it as NIL funds. This bill gives the CSC the power to stop such misuse.
The Cantwell-Cruz bill also provides a mechanism for conferences and schools to revisit and potentially increase the revenue-sharing cap.
Player and Coach Movement
If passed, the bill would impose limits on student-athlete transfers. It would return to a system where athletes can make one “free” transfer to another school, with any subsequent transfers requiring a year of ineligibility. While this might appeal to fans who prefer consistent rosters, it may face legal challenges since other students on campus can transfer freely. Athletes would be allowed an additional “free” transfer if their coach leaves or if the school discontinues their sport.
The bill also introduces a five-year eligibility rule, allowing each student-athlete to play or redshirt for a total of five years.
Additionally, the bill places restrictions on when coaches can change jobs. Coaches cannot move to another job while their season is still active.
TV Revenue and Who Is In
The Protect College Sports Act addresses TV contracts, which are the primary source of revenue for conferences. The bill allows, but does not mandate, that conferences bundle their TV rights into one. This differs from the current setup, where each conference negotiates its own deals, leading to rising costs that fund school relocations.
The SEC has shown reluctance to bundle its media rights with other conferences, and the Big 10 is likely to resist as well. However, the G6 conferences, along with the ACC and the Big 12, could join together, meeting the 75% threshold needed to legitimize the process under the bill. Conferences that do not participate would not receive the antitrust exemption protections provided by the legislation.
The bill would also create a national standard for Name, Image, and Likeness (NIL) compensation, monitored by the CSC and the NCAA. This would override state laws, aiming to curb the current spending race and encourage schools to allocate more funds for Olympic sports.
Next Step
Behind closed doors, negotiations will begin to secure the 60 votes needed for the bill to pass. There is no scheduled vote yet, and it will likely wait until Cantwell and Cruz are confident they have enough support. The status of the four Senate members from the Congressional Black Caucus, who previously opposed the SCORE Act, remains unclear.
