In bipartisan effort, five Senators discuss college sports compensation

The NCAA has only two viable solutions to its current chaos — a nationwide union or an act of Congress.

At a time when multiple bills are circulating in the U.S. House of Representatives, five Senators from both sides of the aisle have been discussing legislation that would regulate compensation in college sports.

Ross Dellenger of Yahoo Sports reports (via Sports Business Journal) that Richard Blumenthal (D-Connecticu), Cory Booker (D-New Jersey), Chris Coons (D-Delaware), Ted Cruz (R-Texas), and Jerry Moran (R-Kansas) have met several times in recent weeks in connection with a potential bill. Per the report, Cruz and Booker are viewed as “essential to any advancement of a bill.”

The bill, if it moves forward, is expected to have three major components. First, federal preemption of any state-based NIL laws. Second, a declaration that athletes are students and not employees. Third, and most importantly, a limited antitrust exemption that would allow the NCAA and the major conferences to enforce eligibility and transfer rules without fear of liability.

Without some sort of antitrust protection, any rule that applies across independent collegiate institutions would violate federal law. Without a multi-employer bargaining unit (which allows the 32 NFL teams to make rules that would otherwise violate the law), a Congressional exemption to the existing antitrust principles would be needed.

Absent either, the chaos will continue.

Some would say Congress shouldn't get involved in free enterprise. The schools should, in theory, compete with each other for players. The players should have maximum freedom of mobility. And if the various universities want to impose restrictions, they should embrace unionization.

An antitrust exemption would essentially protect the universities from themselves, limiting the rights and the compensation of the athletes.

So if Congress is going to get involved, maybe Congress should include a provision that, you know, forces coaches to honor their contracts and not hopscotch from school to school. If it's fair for the players, it should be fair for the coaches.