College sports are in a state of chaos — at least that’s what certain corners of Capitol Hill will tell you.
The industry has been thrust into a shift toward professionalism following decades of resistance to changing economics. That rub has created an environment lacking central governance and authority in a world where rules have merely become suggestions in a way that’s never been more apparent.
Those fears from administrators, commissioners and other stakeholders led, at least in part, to the introduction of the Protect College Sports Act in June.
The PCSA is currently weaving its way through Congress and presents the best chance the industry has had for federal legislation — albeit the journey remains arduous and complicated.
Here’s a brief explainer on what it entails and what comes next:
What Is The Protect College Sports Act?
The PCSA is a bipartisan bill spearheaded by Sens. Maria Cantwell (D-Wash.) and Ted Cruz (R-Texas) that aims to bring governance to college sports.
It’s essentially a spiritual sequel to the House settlement — a sweeping antitrust suit resolved last summer that combined the House, Hubbard and Carter cases and opened the door for schools to pay athletes directly.
The primary objectives of the PCSA include:
- Implementing a “hard” revenue-share cap and closing loopholes to avoid schools utilizing multimedia rights partners (MMRs) and other partners to circumvent the cap
- Establishing a $22.5 million retention fund, with up to $5 million in additional retention spending earmarked for women’s and Olympic sports ($27.5 million total)
- Adding certification requirements for MMRs, sponsors, apparel companies and vendors to ensure legitimate NIL deals
The bill also lays out various regulations regarding transfer rules, conference realignment, coaching moves and other topics du jour percolating around the college gym in the current climate.
The Games — which have long supported the federal laws through millions of dollars in lobbying efforts — sent its membership a memo on Friday that outlined key points to require compliance with the Games’ obligations, maintaining broadcasting contracts and defining national eligibility rules.
The grant realignment clause has been a crucial piece of the puzzle in recent weeks as earlier drafts of the bill shot down the largest grant for 19 schools, while institutions trying to leave would be required to spend five years as independent. However, recent reports indicate that the language was adapted to the force only three years after independence, while that specific provision was set after six years.
Not coincidentally, that six-year window opening the door for schools to more freely jump ship again coincides with the breathing of more television contracts across the college ecosystem that are due to be obtained over the next five-plus years.
Who Are The Major Names That Are Backing The Act?
Cruz and Cantwell were the main names in the Senate pushing the legislation, but there are many other key voices with interests in its passage.
The Big Ten and the SEC were among the last in talks to offer support for the bill while lawmakers worked through various language changes over the summer (Again, keep an eye on the language expansion). The ACC, Big 12 and others across the FBS have also given their attention to the bill.
SEC Commissioner Greg Sankey and Big Ten Commissioner Tony Petit were among the last conference commissioners to offer their support for the College Sports Protection Act. (Photo by Jamie Schwaberow/Sports Images via Getty Images)
Another key name that has been instrumental in the Bill’s progress to this point is Texas Tech running back Cody Campbell. He was a Red Raiders football player-former Baron and his 501(c)4 Save the College Sports bill was a firm advocate, campaigning for its approval for months.
Those opposed to the bill include a handful of senators from both sides of the aisle, and several associations to represent the interests of athletes in ongoing conversations about college labor and sports.
Sens. Chris Murphy (D-Conn.) and Cory Booker (D-NJ), who played football at Stanford, were among notable critics of the bill.
When Could The Protect College Sports Act Pass?
PCSA is still very fluid.
The bill took its biggest step last week, receiving 74 out of 100 possible votes in favor of voting to stop debate and invoke a shutdown in the Senate — technical terminology that effectively means moving to a decision.
The withdrawal does not guarantee a seat in the Senate, but it marked a crucial move among several procedural votes that eventually moved the bill to the Court. There are now two votes in the Senate before it can be extended — an effort that could happen as early as Tuesday.
That said, the timeline remains tight and a fight looms in other wings of Congress.
The Senate is slated to go into recess before voting on Oct. 3, giving lawmakers just two weeks to send the bill to the House, where it is expected to signal pushback.
The College Sports Protection Act could pass the Senate this week. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
There is also the matter of the upcoming midterm elections, which is like the composition of the House and Senate. PCSA has been blessed with widespread bipartisan support to prevent it from being a killer.
But those who warned in the proceedings that the House presents a more serious challenge to the transition than the Court and that there are significant figures striking who will actually come to vote for the magistrate for the time being.
College sports just might get a bill through the Senate this week. What is beyond?
That’s anyone’s guess.