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What's the impact of last week's White House roundtable on college sports? Here's a dive behind the scenes on the Hill
WASHINGTON, D.C. During Fridays White House presidential roundtable of business titans and sport executives, Donald Trump made a proclamation that surprised many in attendance: He plans to issue another executive order to govern college athletics.Trumps proclamation came in the final 10 minutes of the 100-minute roundtable meeting, after several participants informed the president of the difficulties in passing congressional legislation.It, apparently, left him with one solution: Hell write another executive order to solve the problem, Trump said, while acknowledging that his own order would be subject to legal challenge as it would include the re-implementation of policies deemed by the courts as unlawful.Though his mid-meeting announcement stole headlines, the roundtables immediate and most lasting impact resides in another place: Congress.Many believe that the roundtables primary goal was to move lawmakers toward congressional legislation by way of bringing attention to college sports issues. Its not so far-fetched considering that star-studded invitee list and the fact that the entire roundtable was streamed live on CSPAN, which many participants did not expect.But before we launch into some behind-the-scenes scuttle on congressional happenings, lets first answer a couple of questions.Will Trump really write another executive order? Would it have much of an impact?The White HouseIf Trumps first executive order released in July is any indication, an executive order will have no impact on college sports.Were still waiting for any enforcement of the first one, said one high-ranking university leader.Legal experts say there is a good reason for that: Congressional legislation and court rulings are law in this country not executive orders.In fact, that very thing came up during another roundtable Tuesday on Capitol Hill.Sen. Bill Cassidy (R-La.), host of the roundtable, said any college sports solution must and should, he added come from Congress.Executive orders can be overturned by the next president, he warned the roundtable.If youll recall, Trumps first executive order directed members of his cabinet and the Federal Trade Commission to create and enforce policy around several aspects of college sports that would protect the NCAA and conferences from enforcing rules to govern the industry. It also required schools to maintain a certain level of scholarships, prohibited third-party pay for play and addressed athlete employment.President Donald Trump (L) gestures as former head coach Nick Saban (R) speaks alongside U.S. Secretary of State Marco Rubio and White House Chief of Staff Susie Wiles during a roundtable discussion on college sports at the White House on March 6. (Anna Moneymaker/Getty Images)Anna Moneymaker via Getty ImagesThe order gave the attorneys general, secretary of labor, secretary of education and the FTC anywhere from 30-60 days to create this policy and begin enforcing it, by way of withholding federal funding for violators, opening up Title IX investigations, etc.Some 229 days later, there has been nothing.But thats not to say Trump has given up on the issue.Over the last few weeks, hes taken a more hands-on role in the topic, pushing aside White House staff members and those in his cabinet who had previously presided over the college sports reform agenda item. In an interview this week, SEC commissioner Greg Sankey described the presidents interest as truly meaningful.But heres the bottomline: Even if Trump eventually releases another executive order White House officials have called around seeking advice on the order its true impact is likely to be minimal.In all likelihood, more of an impact will come from a smaller subgroup created out of the 50-plus person roundtable. That subgroup is expected to work with lawmakers to move forward congressional legislation.Speaking of thatThe HouseThe SCORE Act, the college sports bill introduced last summer, is back on the agenda for the House of Representatives.The SCORE Act, a mostly Republican-backed college sports bill, would grant the NCAA and conferences their antitrust protection to enforce rules (think transfers, eligibility, rev-share cap/College Sports Commission, etc.), prevent athletes from being deemed employees and potentially create a new governance model in college sports.Many believe the bill will be brought to the floor for a vote as soon as next week. However, there is one problem. In order for the bill to advance to the floor, lawmakers must first pass whats called a rule vote, a procedural step on a resolution from the Rules Committee that determines how a bill will be debated and amended once reaching the floor.Rule votes are notoriously decided along party lines. The House has a narrow Republican majority with 218 Republicans and 214 Democrats, with three seats vacant. This slim margin means that Republicans can only afford to lose one vote on party-line legislation.When House Republican leadership on Friday told dignitaries during the roundtable that they have the votes necessary to pass the SCORE, they were likely referring to the actual bill vote not the rule vote. In fact, House Leader Steve Scalise said they believe that a double-digit number of Democrats support SCORE if it were to reach the floor.In September and then again in December, House Republican leaders failed to get enough of their own party members to vote for the rule vote.Why arent enough Republicans voting for the rule vote? There are a variety of issues there, most notably that many lawmakers struggle to grant any significant authority and legal protection to the NCAA in any future governance model. In fact, one House staff member quipped recently, We really underestimate the hate for the NCAA. This is less about the current NCAA leadership and probably more about the previous.Recent modifications to SCORE are a sign of an NCAA overhaul. The amendments create a commission to study the future of the NCAA, the first step in informing governance changes, potentially moving away from the NCAA and toward a new model.The SenateLegislation in the Senate has a higher threshold than the House. A 60-vote margin for passage means getting seven Democrat votes.At Fridays roundtable, Sen. Ted Cruz (R-Texas) made it quite clear that Senate Democrat leadership was preventing other Democrat lawmakers from agreeing to his long-discussed draft of a college sports bill.He didnt say them by name but hes likely referring to Maria Cantwell (D-Wa), the Democrat lead of the Senate Commerce Committee, which Cruz chairs and which primary holds jurisdiction over college sports legislation; and Chuck Schumer, the longtime leader of the Senate Democratic Caucus. Cruz has spent much of the last year negotiating with Chris Coons (D-De.).Cruz blames the Democrats affiliation with labor unions for preventing leadership from agreeing to any legislation that includes a concept prohibiting athletes from becoming employees. There are plenty of other issues dividing the lawmakers, including the breadth of an NCAA antitrust exemption and the amending of the Sports Broadcasting Act of 1961, a concept gaining steam that would permit conferences to consolidate their media rights to, in theory, increase revenues in an effort to solve the current financial issues.In fact, Cantwell and Sen. Eric Schmitt (R-Mo.) jointly announced on Friday a narrow bill that only amends the SBA a significant bipartisan move that cant be ignored and one that puts more pressure on Cruz. As it turns out, Cruz and Schmitt, separately, both spoke virtually to a group of university presidents and board of trustees gathered in Dallas last week for a summit hosted by the private-equity backed group Smash Sports, whose officials are proposing a new college sports model that necessitates the amending of the SBA.A second committee is also involved in any college sports legislation: the Senate Health, Education, Labor and Pensions Committee (shortened to HELP), which Cassidy chairs. That committee holds jurisdiction over portions of any college sports bill, including athlete employment, which was a divisive topic during Tuesdays roundtable discussion.Either way, there is more pressure than ever on Cruz from the White House, fellow Senators, college sports leaders (including in his own state of Texas) and, potentially, from House Republican leadership, especially if they manage to achieve passage of the SCORE Act in their chamber.Cruzs draft isnt so dissimilar from SCORE, but any Senate legislation will need to be more bipartisan to get the requisite votes. Cantwells all-encompasing college sports bill, the SAFE Act, amends the SBA and is silent on employment. Cruzs draft, at least for now, does not amend the SBA and includes an anti-employment clause.Will he compromise on these matters? If Schmitt worked with Cantwell, cant Cruz?There is belief that negotiations between Cruz and Cantwell thus far almost non-existence are on the horizon.
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