Senate Passes College Sports Bill, House Consideration Uncertain

The Senate has passed the Protect College Sports Act, a bipartisan bill aimed at addressing issues within college sports, including runaway spending. Despite its passage in the Senate with a 77-22 vote, the bill's future in the House of Representatives remains uncertain, with differing opinions and legislative timelines presenting significant obstacles.

Senator Ted Cruz, R-Texas, a co-author of the bill, expressed a desire for the House to pass the legislation within four weeks of its return to Washington, potentially leading to President Donald Trump signing it into law. However, the House is not scheduled to reconvene until after the midterm elections, a delay that could alter the legislative landscape.

Some Republicans have voiced concerns that the bill does not provide sufficient antitrust protection for the NCAA and represents government overreach. Additionally, the question of student-athlete employment status remains a contentious point. House Majority Whip Steve Scalise, R-La., has indicated that for the House to consider any college sports legislation, the employment status of student-athletes must be addressed.

The bill is neutral on the issue of athlete employment, a factor that some believe could resolve problems while others argue it would increase financial burdens on schools. Randy Levine, president of the New York Yankees and vice chair of Trump's Roundtable on Fixing College Sports, suggested that designating college players as employees would necessitate a significant overhaul of American labor laws.

The House has previously struggled with college sports reform, notably with its own bill, the SCORE Act, which was considered less favorable to athletes. That bill, which had some Democratic support, was removed from the House calendar in May after the NAACP opposed it, citing concerns related to a Supreme Court ruling that weakened the Voting Rights Act. The Congressional Black Caucus aligned with the NAACP, and Minority Leader Hakeem Jeffries declared opposition if Southeastern Conference schools supported it.

The Senate's Protect College Sports Act, supported by the Southeastern Conference, is viewed as more athlete-friendly while still offering some antitrust protections for the NCAA and codifying a revenue-sharing cap already approved by courts. NAACP President Derrick Johnson has opposed the bill, stating it would harm student-athletes.

Key provisions of the bill include legal protections for the NCAA, which has faced numerous lawsuits and incurred substantial legal expenses. The legislation aims to increase the revenue schools can share with athletes from $21.5 million to $48.8 million, with the additional funds designated for a "retention pool" to support current players. Proponents hope this cap will help regulate third-party Name, Image, and Likeness (NIL) deals, which are seen as a driver of escalating expenses.

If the bill does not become law by January 1 and Democrats gain control of the House, they may attempt to draft legislation addressing perceived shortcomings of the current bill. In the interim, athletic conferences have been discussing a self-governance model that could establish enforceable rules without congressional action, potentially avoiding antitrust challenges. This could involve conferences independently adopting higher revenue-sharing caps or establishing transfer rules similar to the NCAA's existing regulations.

However, conferences would still face difficulties in preventing lawsuits, which have historically driven significant changes in college sports. Opponents of the bill are hesitant to limit athletes' rights to sue, while supporters argue that legal protections are necessary for the NCAA, conferences, and schools to plan effectively for the future.