Congress needs to rescue college athletics

In recent months, court rulings, state legislation, and government agency intervention have upended the college athletic landscape.

As colleges across the country end their academic years, this is a good moment to reflect on all the shattered records, champions and new chapters written in the storied history of college sports. Student athletes, teams, fans, alumni and entire college communities have shared memories they will not soon forget. 

But a cloud also hung over the 2023-2024 season of college sports: instability and looming uncertainty about the future of college athletics.

In recent months, court rulings, state legislation and government agency intervention have upended the college athletic landscape. To the extent that guardrails remain, there is essentially no governing body empowered to enforce them. To call it the “Wild West” is an understatement.

The threats to college sports are numerous and pose an existential threat to opportunities for hundreds of thousands of future student-athletes. 

The prospect of student-athletes being forced to become employees of their institutions, as well as the possibility for student-athletes to unionize, is a direct result of a ruling by the National Labor Relations Board (NLRB). Already, we’ve seen pushback from those directly in the crosshairs of these decisions.

Deeming student-athletes employees could have catastrophic implications on athletic departments and their ability to sustain the broad array of varsity sports that many institutions support. Classification as employees could also mean that student-athletes are taxed on their scholarships and the numerous benefits they receive from their institutions.

Additionally, court rulings across the country have kneecapped the NCAA’s ability to enforce even its most basic rules and guidelines. Without a governing body to ensure that rules are followed, terms such as "parity," "fair play," "loyalty" and even "playing field" will seem like relics of the past. No other sports organization at any level, anywhere in the world, suffers from the lack of oversight that currently exists in college athletics.

As muddy as the water of college athletics has become, one thing has become increasingly clear: Federal legislation regulating priority issues in college athletics is the only way to preserve college athletics and the opportunities afforded to student-athletes.

Lawmakers on Capitol Hill have made NIL reform a priority, holding hearings and roundtables, and drafting legislation. Senators Cruz (R-Texas), Booker (D-N.J.), Moran (R-Kan.) and Blumenthal (D-Conn.) have been leading the way and are making progress toward a final bill.

Unfortunately, given the rapid pace at which things are changing, we now risk crossing a threshold where the system that has provided so many great memories and opportunities will become wholly unrecognizable. The time for debate is over — we need Congress to reach a compromise and move forward toward the passage of legislation.

College sports are uniquely woven into the fabric of American culture. Almost all of us have a connection to a college or university, whether as alumni, as parents, or as fans. We proudly don our school colors and feel a special bond when we see a fellow fan. If we want to protect that bond, the special moments watching our favorite team, and, most importantly, the opportunity for future generations of student-athletes to compete at the collegiate level, Congress can no longer wait. 

It's up to our lawmakers on Capitol Hill to pass legislation in Congress quickly allowing leadership at our universities to sustain college athletics into the future.

Nate Dunning is chairman of the Young Conservatives of Texas.