In new bills, Congress' most direct plan yet to empower NCAA on post-House rules takes shape
With the House v. NCAA settlement now finalized and approved, a new push within Congress will attempt to turn it into law and give the NCAA and conferences more power to enforce their rules.
A discussion draft of a bill obtained by The Athletic outlines an upcoming proposal in the House of Representatives' Committee on Energy and Commerce that would codify most of the federal support the NCAA has lobbied for in recent years. Although previous congressional efforts haven't gained much steam, college sports leaders hope the settlement will finally provide the spark for something to get done. The Republican-led committee would work hand-in-hand with two other House committees for a three-pronged approach this week that would do the following:
A House subcommittee is scheduled to discuss the draft, dubbed the SCORE Act and sponsored by Florida Republican and subcommittee chair Gus Bilirakis, at a Thursday hearing. To support it, the House's Judiciary Committee is expected to discuss a bill for antitrust protections around these items, while the House's Education and Workforce Committee will work to codify that athletes are not employees. The Washington Post first reported on the committee drafts.
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'This discussion draft comes at a time of historic transition for college athletics,' the ACC, Big 12, Big Ten, Pac-12 and SEC said in a joint statement to The Athletic. 'In the absence of federal standards, student-athletes and schools have been forced to navigate a fractured regulatory framework for too long. Following the historic House settlement, this draft legislation represents a very encouraging step toward delivering the national clarity and accountability that college athletics desperately needs. We urge lawmakers to build on this momentum and deliver the national solution that athletes, coaches, and schools deserve.'
The main Energy and Commerce bill, if passed, would also codify several athlete protections Democrats have asked for, requiring schools to provide injury care for athletes for at least two years after graduation, catastrophic injury insurance and additional mental health services and give 'autonomous' authority to team physicians and trainers over player health and return-to-play decisions. It would also make law that schools cannot pull scholarships or aid over performance or injury. Many of these benefits are already allowed or required by the NCAA.
Republican and college sports officials who spoke to The Athletic on the condition of anonymity said they hope those athlete protections are enough to get some Democrats on board. Democratic representative Lori Trahan of Massachusetts, a former Georgetown volleyball player who is on the Energy and Commerce Committee, released a statement on Saturday expressing concern that congressional action could choke off gains made by athletes.
Thus far, congressional attempts on a college sports bill have not gone far, despite full Republican control of the legislative branch to streamline the process. One Democratic congressman who spoke to The Athletic questioned whether the full House would have time for the issue amid other more pressing topics.
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A bipartisan group of senators led by Ted Cruz (R-Texas) have spent months working on a potential bill. President Trump has considered creating a presidential commission on college sports. SEC commissioner Greg Sankey and Notre Dame athletic director Pete Bevacqua played golf with Trump on Sunday.
'I don't think this is about drawing lines between Democrats and Republicans or the House and Senate,' Sankey said Monday. 'I think this is an opportunity for our governmental leaders, our political leaders, to come together around solutions to support our Olympic development program, to support college football and every one of our sports that flows off of that, including those that are labeled as non-revenue sports, to provide additional support for women's sports.'
The finalization of the House settlement could be the inflection point for something to get done. NCAA president Charlie Baker has said that college sports needed to put together a plan to take to Congress. That has now happened.
'The big message from the federal government is you have to do everything you possibly can on your own, then come talk to us,' Baker said last September on a panel alongside Nick Saban.
In a letter Baker sent to members of Congress over the weekend obtained by The Athletic, the NCAA president pointed to the House settlement as needed progress, while asking for help on establishing antitrust protections, pre-empting state laws and keeping athletes from being employees.
'The progress we've made, especially with the House settlement, represents a significant step forward,' Baker wrote. 'And, in the narrow areas where we lack the authority needed to address outstanding issues, we look forward to working with you and your staff to advance solutions that will ensure that college sports continue to provide fair opportunities to all student-athletes, for generations to come.'
College sports leaders have said the House settlement wouldn't fix all their problems, that it was only a first step. Now the focus moves to accomplishing step two, convincing Congress that it's done enough to get something made into federal law.
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