WASHINGTON, D.C. — The Southeastern Conference and Big Ten Conference are negotiating with lawmakers for changes to the Protect College Sports Act. The two leagues submitted a memo with a 10-point list of provisions they want changed in the bill.
The requested changes address regulatory details in Title I and broadcasting rights and super league prevention in Title II. SEC Commissioner Greg Sankey and Big Ten leaders have met with Sens. Ted Cruz and Maria Cantwell to negotiate these modifications.
The leagues want the law to forbid any new entity from creating a super league while ensuring schools remain free to move between conferences. The Big Ten and SEC have objected to the portion of the bill that would freeze Power Four membership.
Updated language in the bill would bar any conference reporting $700 million or more in revenue from merging with, acquiring, or absorbing another conference. The bill also includes the Atlantic Coast and Big 12 conferences among those prohibited from expanding to create a super league.
"When I first read it, it's like, 'Why is that even in there?"' Sankey said. "There are interests that have introduced those issues."
Discussions are underway to cap the number of teams in Power Four conferences at 19 or 20, with Republicans proposing a 20-team cap. A new proposal would allow conferences to expand, but any Power Four program seeking to switch conferences would first have to spend at least five years as an independent. Notre Dame and UConn could join a Power Four conference immediately under the new proposal because they are already independent.
The SEC wants certainty that pooling media rights will be voluntary, not mandatory. The leagues object to the media-pooling provision in Title II, arguing it exposes them to lawsuits that could force them into a pooling structure.
Sankey warned in a memo that the provision "forces the SEC and Big Ten to either play intraconference postseason tournaments or play only other non-pooling conferences or universities in the postseason to replace the CFP." "We have three or four changes there, if Title II remains, that are critically important to us," he said.
The SEC wants to keep scheduling decisions out of the reach of the law. The conferences also object to the private right of action provision, which allows athletes to sue schools over NIL, health and safety, and scholarship violations.
He outlined worries in a letter to school presidents that the bill could create more problems than it solves. He suggested rewriting a section of the bill that allows athletes to file civil lawsuits in certain cases, arguing it could create more litigation.
The leagues want clearer language defining what legal actions the law would prohibit to limit liability. "These loopholes can efficiently and effectively be closed with minor edits to the liability section," the SEC and Big Ten memo stated.
The leagues want a federal law that overrides state laws dealing with NIL to provide uniform rules. The memo noted that the current draft "leaves several important areas — including non-NIL compensation, recruiting, and tampering, and broader eligibility issues — subject to different state laws."
"A comprehensive framework is essential to preserve integrity and prevent an unchecked system," the memo stated. It added that "institutions and third parties can exploit these gaps, distorting recruiting, and competition." he said the changes should "fully replace the growing patchwork of state laws that are conflicting and create competitive differences based upon state borders."
The SEC submitted 10 "commonsense suggestions" for the bill in June. "Those 10 concepts are not SEC issues," he said. "Those are changes that we believe benefit all of college athletics in providing a national solution."
The Protect College Sports Act aims to clarify provisions included in the $2.8 billion House settlement. The legislation offers the NCAA and conferences limited liability protection and moves to preempt the patchwork of state laws that govern NIL payments. It also opens the option for conferences to pool their media rights.
The salary cap for schools under the House settlement is approximately $21.3 million this year. Third-party NIL payments above $600 must be approved by the new College Sports Commission, which ensures deals are for a "valid business purpose" and pay fair market value.
"The SEC and its member universities have been vocal and collaborative with the senators throughout the bill drafting process," Tennessee chancellor Donde Plowman said. "And over the course of several weeks (we) have provided feedback from the perspective of university leaders who are trying to navigate the current state of college athletics."
He stated that not all of the SEC's demands need to be met for the conference to potentially support the bill. "Do you have to bat a thousand? You never give up things in those conversations," he said.
Uncertainty around the legislation prompted conversations within the Big Ten and SEC about self-governance models. "They're real," he said. "People have talked about that. They've opined about the frustrations that bring them to the point of saying we should look at something significantly different."
"I do not believe that is a leverage point. I think that's just honest communication," he said. He added that there is "meaning and value" remaining in the NCAA. "But that national organization must function in a healthy manner; otherwise, that simmering will continue," he said.
The Protect College Sports Act has bipartisan support in the Senate and passed the Senate Commerce Committee on a 19-9 bipartisan vote last month. The bill has drawn support from 24 conferences and 267 colleges and universities.
Sen. Eric Schmitt stated the Protect College Sports Act probably has 60 votes to clear the Senate. "We probably have 60 votes," Schmitt said. He called the next two weeks critical for the legislation.
Sen. Eric Schmitt predicted that without the bill, women’s sports teams could fold under financial strain within three years. The SEC and Big Ten conferences have a combined footprint covering 26 states, 52 senators, and at least 220 House districts.
The negotiations involve two conferences with a dominant share of college sports revenue and significant political reach. The outcome will determine the regulatory framework for athlete compensation, conference realignment, and media rights for the largest athletic programs in the country.
The bill seeks to replace a patchwork of state laws with uniform federal rules while providing liability protection to the NCAA and conferences. Failure to reach an agreement could lead to continued litigation and instability in college athletics governance.
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