WASHINGTON — The Senate on Monday is expected to approve a bipartisan bill that would give the NCAA and its member conferences the authority to enforce uniform national rules on college athletics.
If the bill is passed by the Senate, it would move to the House and, if approved, on to President Trump for his signature to become law.
What the Protect College Sports Act would do
Under the Protect College Sports Act — co-authored by Sen. Maria Cantwell (D-Wash.) and Sen. Ted Cruz (R-Tex.) — the NCAA would be granted a limited antitrust exemption that would allow the organization to create standardized rules around athlete eligibility, limit conference realignment and prevent the creation of a super league — a private-equity model for college sports that would replace NCAA subdivisions.
The bill is also an attempt to codify the $2.8-billion antitrust settlement reached last year in House vs. NCAA, which allowed Division 1 schools to share revenue with their current players and compensate past players. The new bill would increase the revenue sharing cap to around $50 million per school from $21.5 million, albeit with a more strict and enforceable model.
Under Name, Image and Likeness deals, wealthier schools were able to circumvent the “soft” $21.5-million cap by lining up lucrative corporate sponsorships and endorsements for prospective athletes. The bill would allow the NCAA to crack down on attempts to bypass the limit by incorporating booster or affiliated-entity money into total revenue sharing calculations, while also giving schools an additional $27 million in the funding cap to retain current athletes.
Potential boost for smaller schools
A potential consequence of the bill could be that big-name programs lose their ability to draw the best college athletes with promises of massive compensation, allowing smaller programs to compete under NCAA regulations.
The NCAA and its affiliates have spent tens of millions of dollars lobbying for congressional intervention on its rule-making power over the last seven years. Supporters of the bill, including Cruz, have said the bill would bring order and consistent regulation to college sports.
“If we’re going to be having a national competition … it is only Congress that can establish a clear and enforceable legal rule book,” Cruz said on the Senate floor last week.
Influential figures in college sports, including former Alabama head football coach Nick Saban and ESPN analyst Pat McAfee, have publicly called on Congress to pass the measure. It has also drawn support from 24 of the NCAA’s athletic conferences.
“Congress does need to fix the mess in the courts and create a national framework so the people inside college sports can enforce fair rules,” Saban said during a Senate Commerce, Science and Transportation committee hearing in June. “Without that legal certainty, every rule becomes another lawsuit, every standard becomes another risk, and the system keeps drifting toward a professional model.”
What the opponents say
The legislation is not without its opponents. Some players, labor organizations and members of Congress argue that the bill would prevent highly sought-after college athletes from participating in their own negotiation process.
“What this bill does, at its core, is protect a system of exploitation,” Sen. Chris Murphy (D-Conn.) said in an AFL-CIO trade union press release. “This bill protects the billions of dollars that coaches and executives are making by suppressing compensation for some of the most highly valued athletes in the world.”
The Congressional Black Caucus and the NAACP have also brought forward concerns that the bill does not allow Black athletes — who make up a majority of players in the football and basketball programs — into the collective bargaining process.
The NCAA plans to enforce a five-year eligibility rule, cap agent fees at 5%, put penalties on second transfers and codify student-athlete protections, such as 10-year degree completion assistance and post-eligibility healthcare. If the bill passes, all challenges to these rules would have to be handled in federal court.
Some senior Republican officials in the House, including Rep. Tim Walberg (R-Mich.) and Rep. Brett Guthrie (R-Ky.), have expressed some hesitance in passing the legislation without clarity as to whether student-athletes will be considered employees and if further limits should be placed on international student-athletes. If changes are made in the House, the bill would be returned to the Senate for another vote.
Support from Trump
Trump, on the other hand, has expressed strong support for the bill.
“THE PROTECT COLLEGE SPORTS ACT is a great Bill, and the Senate will hopefully stay in D.C. until it passes,” he wrote on Truth Social last month. “Without this Bill, millions of young Athletes will be hurt, programs will be canceled … the fans will be robbed, and Universities will go broke”
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