How Two Senators Aim to ‘Protect College Sports’ With New Bipartisan Bill Proposal

Two members of the United States Senate are putting forth legislation aimed to address several key issues facing college sports in the new NIL and revenue-sharing era.

Senators Maria Cantwell (D., Wash.) and Ted Cruz (R., Texas) are introducing the “Protect College Sports Act” on Wednesday, a Republican commerce committee aide told Sports Illustrated. The goal of the bill is to regulate college sports with several key tenets, including:

One-time player transfers without penalty. Any additional transfer could come with parameters including potentially sitting out.
A five-year eligibility clock for student-athletes
The prohibition of former professional athletes returning to compete in college sports
The prohibition of schools poaching a coach from another school during the sport’s season

In addition, the bill would provide the NCAA with an antitrust exemption. This is significant because the association has been sued several times over the past five years on the basis of antitrust violations.

The bill also aims to preserve historic sports rivalries, with Bedlam (Oklahoma vs. Oklahoma State), the Border War (Kansas vs. Missouri), the Apple Cup (Washington vs. Washington State) and Oregon vs. Oregon State all mentioned as examples of cross-conference rivalries that would be mandated to be played annually.

The bill also includes legislation to protect women’s and Olympic sports (as well as their scholarship opportunities), create enforceable standards on recruiting, tampering and NIL, and give schools an option to pool their media rights. In the end, the bill has a goal of stopping Super League consolidation, which many have speculated could come as early as 2030 when the power conference media rights begin to reopen once again, beginning with the Big Ten.

“College sports have always been bigger than the final score,” Cruz and Cantwell said in a statement on Wednesday. “They bring families and towns together on October Saturdays and winter nights, unite generations of alumni and friends, and create opportunities for young men and women to compete, learn, and represent schools with pride. … The courts have produced a system with unlimited transfers, pro athletes playing college ball, and shady NIL deals. Schools and governing bodies need the ability to preserve fair competition, protect student-athletes from exploitation, and ensure that programs across the country can survive. Without legislative action, more athletic programs will vanish, as will longstanding rivalries, and much of what generations have loved about college sports will soon fade away.”

Tennessee athletic director Danny White speaks to reporters before the annual Big Orange Caravan event. — Tennessee athletic director Danny White has spoken openly about his desire for college sports to implement a collective bargaining agreement with athletes. | ANDREW NELLES / THE TENNESSEAN / USA TODAY NETWORK via Imagn Images

The bill does not specifically address whether or not college athletes should be considered employees of their schools. The NCAA has remained steadfast that athletes should not be considered employees as the association looks to avoid the formation of a college athlete union. Others within the conferences and athletic departments have been more open to the idea of a collective bargaining agreement, which could help bring clear structure to player compensation.

“[A CBA] is way more important to me than the playoff or really anything in college sports,” Tennessee athletic director Danny White said Tuesday, per the Knoxville News Sentinel. “I worry about the health of our industry. I worry about Olympic sports. I worry about the student-athlete experience right now with the frequency of transferring. It doesn’t feel like we’re in a very healthy spot.

“I’ve thought for a few years that a CBA is a really good option, and it seems to be working pretty well for every professional league in our country.”

Since 2021, there have been several bills introduced in Congress in an attempt to address the issues facing college sports. The “Protect College Sports Act” is the latest in a line of legislation aimed to address issues faced by the NCAA and its member schools in the new era of athletics.

The feasibility of this latest bill becoming a law remains to be seen.

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