WASHINGTON (AP) — The NCAA’s long-standing efforts to push Congress toward addressing various challenges in college sports may finally bear fruit with the new Republican-majority Congress.
Key Issues at Hand
At the forefront of the agenda is the desire among lawmakers, particularly Sen. Ted Cruz, a Republican from Texas, to protect elements of the amateur athlete model that has historically underpinned college sports. This model has generated substantial scholarship funds and contributed to the U.S. Olympic success over the years.
“Clearly the situation is much more doable with Republicans in control,” commented Tom McMillen, a former Democratic congressman and college basketball player. He noted that this shift in power presents an almost ideal situation for the NCAA.
Cruz is advocating for a college sports bill, emphasizing that it will be a legislative priority and criticizing Democrats for delaying much-needed reforms. However, he will require bipartisan support to meet the Senate’s 60-vote threshold, necessitating a compromise with lawmakers who prioritize athlete welfare over expanding NCAA authority.
The Path to Bipartisanship
There appears to be some bipartisan agreement on the necessity for Congress to grant the NCAA a limited antitrust exemption. This exemption would allow the organization to implement regulations governing college sports while minimizing the risk of ongoing lawsuits. Additionally, there is a pressing need for national standards regarding athlete compensation for their name, image, and likeness (NIL), to replace the inconsistent state laws currently in effect.
Efforts to draft such a bill have been ongoing for over a year, with negotiations involving Cruz, fellow Republican Jerry Moran of Kansas, and Democrats Richard Blumenthal of Connecticut and Cory Booker of New Jersey. Although discussions progressed, they ultimately stalled in the previous Congress.
Sen. Maria Cantwell, the outgoing chair of the Commerce Committee and a Democrat from Washington, has been advocating for college sports reforms since 2019 but faced challenges in achieving consensus. Nonetheless, she agrees with Cruz on the urgent need for a national NIL standard to ensure a fair playing field for both athletes and colleges, especially in light of the recent upheaval surrounding the dissolution of the Pac-12 Conference in her state.
Recent Changes and New Challenges
A significant Supreme Court ruling in 2021 allowed athletes to receive NIL compensation, which has since opened the door for a potential $2.8 billion settlement linked to several antitrust lawsuits against the NCAA. This settlement could lead to financial reparations for past athletes and introduce new revenue-sharing models for current and future college stars.
In response to court-imposed mandates, the NCAA has also enhanced health benefits for athletes and confirmed new scholarship guarantees, which took effect on August 1. The organization argues that these updates render Congress’s intervention unnecessary, aiming instead to collaborate on unresolved issues that legislators are uniquely positioned to address.
Controversial Employment Status
A primary focus for the NCAA is to prevent student-athletes from being categorized as employees of their schools—a shift that could have extensive implications for college sports. There are existing movements advocating for athlete unionization, with at least one case currently in the courts.
The NCAA has actively sought input from athletes who express a desire to retain their status as non-employees, highlighting concerns that treating them as employees could jeopardize women’s and Olympic sports programs and complicate financial matters, notably tax implications affecting scholarships and benefits.
Cruz noted the precarious situation faced by historically Black colleges and universities, warning that employee status could lead to the cancellation of many athletic programs, which would be catastrophic. However, broad anti-employment language could hinder the chances for any proposed legislation, as Democrats may resist measures perceived as overly favorable to the NCAA. Booker, despite being moderate on athlete employment issues, has reaffirmed his commitment to pursuing legislation that champions their interests, emphasizing the ongoing need for reform in the college sports landscape.
Cruz understands the necessity for a balanced approach. As chair of the Commerce Committee, he holds significant leverage to steer proceedings, including the power to organize hearings and determine which bills advance, thereby enabling him to shape a different legislative agenda going forward.
