WASHINGTON – Sen. Ted Cruz is lowering the likelihood that Congress will act this year to address name, image and likeness deals that have roiled college sports.
The Texas Republican said progress was being made and he expected lawmakers would eventually take up the issue, but he was 50-50 on whether to do so this year instead of waiting until the next Congress. He said it was five minutes.
“The only reason is we're running out of time,” Cruz told reporters after a roundtable he convened on the topic Tuesday. “It's never too late to get it done, but we're approaching a situation where it's too late to get it done.”
The college sports world is struggling to deal with the fallout from a 2021 Supreme Court decision that allowed college athletes to profit from their names, images and likenesses.
Texas Christian University athletic director Jeremiah Donati testified before Congress last year that NIL deals are being negotiated in a “wild west environment” with little accountability.
Donati called on lawmakers to guide universities and protect student-athletes from bad actors.
With so much money and so many competing interests at play, lawmakers are hearing conflicting messages about the best approach, making it difficult to find consensus.
Various proposals have been floated, including giving student-athletes more power than others.
As the top Republican on the Senate Commerce Committee, which is expected to handle the NIL bill, Cruz could play a key role in shaping a compromise.
Last year, he introduced legislation aimed at preserving the NCAA's authority while increasing legal certainty for all involved.
The proposal would create a standard contract for NIL transactions that would include key terms, give athletic organizations legal protection in enforcing their own rules, pre-empt state NIL laws, and allow student-athletes to participate in school and association This makes it clear that they are not employees.
Cruz opposes federal regulators taking over responsibility for setting rules for college sports.
“The last thing we want is a Congressional hearing to define what obstruction of passage is,” Cruz said. “That is not the role of politicians or government agencies.”
But Congress could give some legal certainty to the NCAA, which has been bogged down in litigation.
That would allow for a rule that protects the rights of college athletes to receive NIL compensation, he said, calling it an improvement.
“When a young man or a young woman works thousands of hours and develops great skills that generate a tremendous income, it's progress that gives them the right to share in the fruits of their labor,” Cruz said.
He also said it's important to have a system that maintains competition, rather than creating a situation where an equivalent NFL team faces off against a middle school flag football team.
Tuesday's roundtable included several senators from both parties who have worked on the issue, as well as college sports representatives. Basketball players Haley and Hannah Cavinder also participated in the discussion.
The twins, who have a huge following on social media and a number of NIL contracts, recently moved to the Fort Worth area after Haley announced in November that he would play at TCU next season. .
The two spent three seasons at Fresno State and one at the University of Miami, before Haley announced she would play her fifth and final season at TCU.
The twins spoke Tuesday about being NIL pioneers and signing deals with Champs Sports, Soul Juice and more.
“Through NIL, we learned a great deal about how to invest money, build connections, and have multiple streams of income. The position that NIL has put Hannah and I in today has completely changed our lives. ” said Haley Cavinder.
NIL attorney Darren Hytner, who represents the Cavinder twins and other student-athletes, said during the roundtable that enforcement of the rules should be left to the NCAA rather than the government.
He said so-called booster groups have outgrown their originally intended role and are contributing to a difficult environment in which some student-athletes are offered deals that don't protect their rights. Ta.
“While some organizations are negotiating fair contracts, there are many contracts that I have personally seen that appear to be unconscionable,” Heitner said.
Former University of Alabama football coach Nick Saban also participated in the roundtable.
Cruz pointed out Alabama's multiple wins over Texas teams, and Saban ruefully hinted that the Longhorns beat his team last year.
Saban touted the idea of revenue sharing, but said he was concerned some proposals could undermine what the university has done to improve for student-athletes.
Cruz asked Saban about the role the NIL turmoil played in his decision to retire.
Saban said he has always been dedicated to developing players and helping them succeed in life, but in this day and age, money has become too important in the game.
“Everything I've ever believed in over my 50 years of coaching no longer exists in college athletics,” Saban said.
