Widespread disruption and athlete pay and movement have twisted college sports overseers into crullers who have spent the past several years lobbying for Federal government intervention to provide guidelines and limits.
Last week, something called the Protect College Sports Act advanced out of a Senate committee and could end up on the Senate floor for a full vote. The bill would provide antitrust protections to the NCAA and major conferences and would help regulate college sports.
Among its major provisions are limits on transfers and eligibility and a spending cap. It would give conferences the option to pool their television rights and would force schools to commit to preserve their women’s and Olympic sports programs. It would create national standards in areas such as Name, Image and Likeness payments that supersede state measures.
The Big Ten and SEC, the two wealthiest conferences by a wide margin thanks to TV contract and media rights money, oppose the legislation for several reasons. They are against the idea of potentially pooling FBS conference media rights and possibly limiting NIL payments to athletes by third parties; they’re also concerned that outside influences, namely mega-dollar private equity groups, could poach high-profile programs and create a super league. In short, the Big Ten and SEC prefer to conduct their own affairs. They aren’t keen on welcoming the ACC or Big 12 into any sort of collective bargaining of TV rights and are mistrustful of advocates who claim that pooling rights would somehow unlock even more money for the collective kitty.
But Cruz and Cantwell, among others, think this bill stands a decent chance at passage because of the committee’s bipartisan support and because Senate majority leader John Thune, who voted for the bill in committee, intends to bring it to the floor, Cruz said to Dellenger. Even if it passes the Senate, it would still need to pass the House – an iffy proposition – before it crosses the President’s desk.
Congressional attention to college athletics, I suspect, is a case of low-hanging fruit that plays well to constituents. Congress has all but abandoned meaningful governance in many areas related to budgeting and oversight and citizens’ well-being. The President and his greasy minions treat the Constitution like a Denny’s menu and the rule of law as a suggestion list. The current majority party enables the Big Orange Guy because they’re terrified of him, while the opposition party has trouble articulating a compelling case for lunch.
The coming weeks will be interesting, as the bill’s advocates try to whip up support, while the Big Ten and SEC and their allies will attempt to sow doubt in hopes of scuttling the legislation. It’s a peculiar dance, seeing as how representatives from bright red areas and states who often chafe at the idea of government intervention and regulation are being asked to sign on for national standards in this one particular area, while those from bluer locales might find themselves inclined to back away from collective control and to permit conferences and free markets to find their own levels, imperfect as that may be. Now, if we could just get Cruz and Cantwell to take an interest in the War Powers Act or the Emoluments Clause.
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