In a recent panel discussion, Senator Ted Cruz expressed his belief that there is a 50-50 chance of Congress passing legislation that would provide antitrust protection and regulation to college athletics in the U.S. by the end of the year. Cruz’s lowered estimate from last fall reflects the time constraints faced by lawmakers. While he remains optimistic about the possibility of bipartisan agreement, Cruz acknowledges that getting everyone to the table to sign off on the bill has been a challenge.
The panel, which included former Alabama coach Nick Saban, took place alongside the 12th hearing on college sports on Capitol Hill since 2020. While the focus of the hearing was on the possibility of college athletes joining unions, Cruz’s roundtable stole the spotlight. Senators Jerry Moran and Richard Blumenthal were also in attendance and had previously put forth a bipartisan proposal for a college sports bill. However, like previous efforts, their proposal has not made progress.
NCAA President Charlie Baker has encouraged membership to take action on their own, proposing a new tier of Division I that would require schools to pay some of their athletes. The Big Ten and Southeastern Conference formed a joint advisory committee earlier this year to address the issues facing college sports. The current landscape, shaped by NIL funds and loosened transfer rules, has contributed to Saban’s decision to retire at 72. He believes that college athletics no longer align with his beliefs and values.
The roundtable also included other participants such as NIL attorney Darren Heitner, Collective Association president Russell White, and current and former women’s college basketball players Haley Cavinder and Hanna Cavinder. Concerns were raised by senators like Joe Manchin who believe that the status quo will harm student-athletes.
Byrne warned that even prestigious schools like Alabama may have to cut non-revenue-generating sports depending on how athletes are compensated. Cruz does not believe there is as much interest in classifying college athletes as employees as there was six months ago, citing the comments made by commissioners of Historically Black Colleges and Universities conferences and concerns about Division II and Division III programs.
Recent events such as the vote by Dartmouth men’s basketball players to join a union and ongoing antitrust lawsuits challenging NCAA compensation caps and employee status for athletes highlight the urgency for Congress to act. The NCAA and Power Five conferences have spent millions of dollars on lobbying efforts, emphasizing the importance of finding a solution to the current “Wild West” state of college athletics.
Cruz prefers empowering the NCAA to oversee the landscape rather than creating a new governmental or quasi-governmental agency. He feels a sense of urgency to pass legislation sooner rather than later, as his colleagues share his concerns about the direction of college sports. Despite the challenges and disagreements, there is a shared belief among lawmakers that action needs to be taken. The time is now to find a solution that protects student-athletes while ensuring the future of college athletics.
