The bipartisan leaders of the Senate Commerce Committee are making changes to their big college sports overhaul in a bid to garner support from the nation’s two most powerful athletic conferences as they look to build Republican support ahead of a potential vote on the Senate floor.
Chair Ted Cruz (R-Texas) and Sen. Maria Cantwell (D-Wash.), the ranking member, made several concessions to the Big Ten and Southeastern Conferences in the latest draft of their Protect College Sports Act. They include protections against certain legal challenges and a new $20 million pool of funds that schools can use for retaining athletes, according to three people close to the negotiations.
It’s unclear whether the changes will be good enough to win over the two conferences. A senior Commerce Committee staffer asked the conferences to schedule a call with their general counsels and staff “ASAP” to discuss the text and gave them a 9 a.m. Wednesday deadline to decide whether they support the latest version of the bill, according to an email reviewed by POLITICO.
Two lobbyists directly engaged on the bill said Tuesday that weeks of negotiations had not meaningfully addressed a litany of concerns the SEC and the Big Ten had with earlier versions of the bill.
The conferences demanded, for instance, that a provision allowing universities to jointly negotiate their media rights make clear that schools cannot be coerced into participating. The updated text includes a provision shielding schools who do not participate in media pooling from potential litigation, according to a copy of the draft obtained by POLITICO.
The bill, however, leaves out another key demand of the conferences: a provision clarifying that postseason tournaments and contests would be excluded from media pooling.
It also retains a prohibition on conferences with over $700 million in revenue participating in mergers and acquisitions, which would impact both power conferences along with the Atlantic Coast Conference. That threshold was brought down from an earlier $1 billion limit, but the SEC and the Big Ten had hoped to see it stripped from the bill altogether.
The new text also includes a newly added section titled the “Ignite HBCUs Sports and Media Act.”
That section, which is still in flux, deals with “extraneous topics of broadband,” per the email sent to the conferences on Tuesday. The $20 million athlete retention pool also remains subject to change “as we discuss how to align the proper incentive for spending on women’s NIL,” according to the email.
Cruz remains determined to get the bill onto the floor before the Senate heads out of town for a scheduled recess next week. But time is running short, and he and Cantwell still need to win over wary senators on both sides of the aisle.
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