House Republicans introduce bill to protect NCAA, conferences from legal challenges

Two House Republicans introduced legislation Wednesday that would protect the NCAA, conferences and institutions from litigation in enforcing NIL rules and governing college athletics.

Introduced by Rep. Russell Fry (R-S.C.) and Rep. Barry Moore (R-Ala.), the Protect The Ball Act does not check off every need for the NCAA. The bill is intended to accompany a broader bill, which could outline the framework for the future of college sports.

As settlement talks heat up in the House vs. NCAA lawsuit – which could see the college sports governing body owe something in the neighborhood of $2.9 billion in back damages – questions surround how the possible arrangement could be implemented.

Only two options are viable: Congressional assistance or a collective bargaining agreement. Both would help the NCAA stave off further lawsuits and retribution. This bill could be viewed as one of the first steps to securing help from Washington, D.C.

The NCAA has not had any luck in the halls of Congress, however, as no piece of legislation introduced on NIL and college sports has even made it to a vote.

“The Protect the BALL Act preserves the opportunity for more than 500,000 NCAA student-athletes to compete and protects universities from constant litigation in the NIL era,” Barry said in a statement. “I am grateful to Congressman Fry for working with me on this legislation that allows universities to freely work toward new benefits for their athletes.”

Beyond the House vs. NCAA lawsuit, the NCAA is losing multiple lawsuits at the state level. Preliminary injunctions have left the governing body powerless over NIL and the transfer portal. The Ball Act would ensure the NCAA, conferences and institutions could regulate recruiting, eligibility standards and how athletes receive compensation without facing further litigation.

“Intercollegiate athletics need a safe harbor to enforce uniform rules and offer additional benefits regarding issues pertaining to NIL,” South Carolina president Michael Amiridis said. “We also need a broader framework of NIL legislation that will allow all NCAA schools to compete using the same guidelines and policies. While the landscape is changing, we are grateful for Congressman Fry’s efforts to allow us to continue with our mission of acting in the best interests of student-athletes.”

Will Congress take direction from NCAA?

Republicans and Democrats have long fought over the exact items included in bills addressing college sports, specifically if athletes should earn a share of revenue or be classified as employees. Democrats have leaned toward a split of revenue and health and safety assurances, while some Republican-led bills include language making sure athletes would not be classified as employees.

NCAA president Charlie Baker has been involved in settlement talks for the House lawsuit. For nearly anything discussed to be put into action, Congress or collective bargaining would have to be put in place. For example, a $20 million salary cap on revenue sharing per school could be taken to court without Congressional protections or a previously agreed upon bargaining deal.

All of this comes in a divided political climate. Republicans control the House, and Democrats control the Senate. The presidential election is slated for November, roughly two months before the House vs. NCAA lawsuit is slated to begin.

Add on that a roughly 40-day deadline has been put on settlement talks and the summer is typically when Congress takes its recess, time is ticking for a resolution to be passed.