Another critical week arrives for NCAA on Capitol Hill

College sports leaders and NIL collectives descended on Capitol Hill in early June for conversations on the future of the NCAA and its membership.

President Charlie Baker lobbied Congress for assistance and called out states for enacting NIL laws that pushed back on the NCAA. Alabama head coach Nick Saban met with Majority Leader Steve Scalise. It was a flurry of meetings packed in a few days. A handful of discussion drafts emerged. But in the months since, the NCAA has not found any relief from lawmakers.

Tuesday could have a similar feel in Washington, D.C.

U.S. Senator Ted Cruz organized a roundtable focused on the need for Congress to “find consensus and pass bipartisan legislation” surrounding name, image and likeness. Saban and the Cavinder Twins are expected in attendance, along with ACC commissioner Jim Phillips, Alabama athletic director Greg Byrne, The Collective Association president Russell White and NIL attorney Darren Heitner.

On the other side of the building, the House Education and the Workforce Committee scheduled a legislative hearing, titled “Safeguarding student-athletes from NLRB misclassification.”

Plenty has changed around college sports in the eight months since the NCAA’s last full-court press in D.C. For starters, the NCAA has no power over the transfer portal or NIL due to separate lawsuits. Last week the Dartmouth men’s basketball team voted to form a union. Another National Labor Relations Board trial is playing out in Los Angeles involving USC athletes. Legal challenges continue to pile up. The Big Ten and SEC have formed a joint advisory group and control significant power in College Football Playoff meetings.

That’s just the short version. Meanwhile, multiple legislative hearings have been held yet none have resulted in much action. No NIL legislation has made it to the House or Senate floor for a vote.

Rep. Lori Trahan of Massachusetts even admitted in January that she didn’t believe Congress would reach a consensus on granting employment exemption and antitrust to the NCAA. The 2024 Presidential cycle is only ramping up.

Tuesday will be another critical day in the halls of Congress as the NCAA lobbies lawmakers for NIL legislation. But recent history points to minimal results.

On3 is breaking down what you need to know:

What will Sen. Cruz’s roundtable sound like?

The Republican senator from Texas circulated a discussion draft in July that would ensure athletes are not employees and included a state law preemption. The bill would bar states from enacting laws on compensation, employment status, athlete eligibility or NIL.

A ranking member of the U.S. Senate Committee on Commerce, Science and Transportation, Cruz has the position and political clout to push through legislation. But deeming athletes not employees could hold up the bill’s process.

Tuesday’s roundtable led by Cruz will be a barometer of how serious talks are of his legislation being formally introduced. He’s invited a variety of voices to participate. Saban told ESPN last week he wants to be a part of the solution to problems currently facing college sports. He also described a scenario where players were lining up to discuss NIL deals after the season.

The Collective Association has been a proponent of revenue sharing since it introduced a possible model last summer. The recent preliminary injunction in the Eastern District of Tennessee makes the donor-led organizations more important than ever. The Cavinder Twins were two of the biggest stars in NIL but were not overly reliant on collectives for financial support. They did have a deal with Miami booster John Ruiz’s company, LifeWallet.

House Education Committee to focus on NLRB hearings

While a formal witness list has not been set yet for Tuesday’s legislative hearing, it’s clear the tone of the meeting will be aimed at why athletes should not be classified as employees. The hearing title gives as much away: “Safeguarding student-athletes from NLRB misclassification.”

Along with Dartmouth’s decision to form a union, another NLRB trial is playing out in Los Angeles alleging USC, the Pac-12 Conference and the NCAA are joint employers of USC’s football and men’s and women’s basketball players.

It’s been more than two years since NLRB General Counsel Jennifer Abruzzo issued her memorable September 2021 memo in which she said “certain players at academic institutions are statutory employees who have the right to act collectively to improve their terms and conditions of employment.”

The memo set the tone that the current national National Labor Relations Board is in favor of athlete employment. With the 2024 election cycle warming up, there was a clear push for an athletic team to go through the NLRB process when the Biden Administration was still in office.

The NLRB regional decision regarding the Dartmouth men’s basketball team won’t be the end. Dartmouth has already filed an appeal and the case could eventually make its way to the Supreme Court, which would be a years-long process.

The NCAA is also fighting the employment battle in the Johnson v. NCAA lawsuit. The plaintiffs are asking athletes to be deemed employees subject to the Fair Labor Standards Act.

Tuesday could be filled with testimony from the NCAA vantage point that employment would ruin the amateur model – which has been dead for decades. Slated to begin at 10:15 a.m. ET, the legislative hearing could be filled with pro-NCAA rhetoric.