The U.S. House of Representatives is due to return for the first time since the Protect College Sports Act advanced out of the Senate by a 77-22 margin on Nov. 9. But Tuesday night, six days before the recess is due to end, the midterm elections took place.
Plenty of eyes were on the House as the polls closed Tuesday. The Republicans were looking to maintain control as the Democrats hoped to flip at least three seats to take back the chamber. The Democrats are on track to do just that, as CNN and NBC News both called the pickups Tuesday night.
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That means, when the House returns Monday, it will be a lame-duck session because the Republicans will not be in control when the new Congress takes over in December. But in the lead-up to the midterms, there was hope the House would still take up the Protect College Sports Act, regardless of what happened on Election Day.
“The expectation and, in fact, the messaging has been that the House of Representatives, when it returns, will take up that piece of legislation,” SEC commissioner Greg Sankey said Oct. 14 at the conference’s basketball media days.
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“We don’t know the direction, obviously, and don’t know the outcome. But we’ll continue in communication because if we’re to expect and experience things like a Final Four on the men’s basketball side and the women’s basketball side, College World Series, College Football Playoff, we have to have national standards.”
Even if the Republicans maintained control, there were concerns about the calendar and when the Protect College Sports Act would reach the floor. When legislators return from the recess, they have eight scheduled working days between Nov. 9 and Nov. 20.
The House would then return Nov. 30 with 12 days until adjourning Dec. 17. However, that can be extended if lawmakers choose to do so. From there, the new Congress would be sworn in Jan. 3.
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There were also concerns about Democratic support. House minority leader Hakeem Jeffries (D-NY), considered a top contender to become Speaker when the Democrats take control, said in late September his concerns are similar to those of the Congressional Black Caucus, which has been outspoken against the legislation.
Meanwhile, President Donald Trump remains a strong supporter of the legislation. In early October, he held a meeting with Cody Campbell and Randy Levine – key voices of the Saving College Sports committee – about the bill, Yahoo! Sports reported. When the Senate was considering the Protect College Sports Act before its August recess, Trump also called on Senators to stay in Washington and take the bill up before adjourning.
When asked by On3 on Oct. 8 about the timing for a vote on the PCSA, Big Ten commissioner Tony Petitti said it’s up to House members. As for what could happen if the process has to reset, he added the conference and others are willing to work with anyone interested in addressing the college sports landscape.
“We’ve been lobbying since I’ve got here,” Petitti told a group of reporters at Big Ten basketball media days. “I don’t think there’s any sense that if for some reason – and, again, we’re really optimistic it’s going to pass. If it didn’t, we still think there are many motivated members on both the Senate and the House that want to do something to help college athletics. So we will work with anybody who wants to be a part of that process. We will continue to do that work.”
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While the Protect College Sports Act could pass the House in its current form, Ross Dellenger reported for On3 that changes to the bill are expected. House majority leader Steve Scalise (R-La.) said as much in early October after the PCSA advanced out of the Senate.
The amendment process would take time, since the Senate has to ratify changes. A bill has to pass through both chambers in the same form before it heads to President Donald Trump’s desk, where it would be signed into law.
During a recent interview with HoopsHQ’s Seth Davis and Andy Katz, NCAA president Charlie Baker made clear time is of the essence and the hope is there won’t be many amendments. But in a lame-duck session, he said there could be opportunities for the House and Senate to make a deal and bring the PCSA to a vote.
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“There’s really not going to be a huge opportunity to do a lot of amending and changing because the processes, they just take a really long time,” Baker said. “Even stuff that moves fast takes a long time. So the opportunity is really going to be more, ‘We would really like you guys in the Senate to pass this.’ And the Senate then saying to the House, ‘Well, we’ll do that. But we’re only going to do that if you’re willing to sign on to this,’ which would be something like our bill.
“That happens post-election in practically every legislative body anywhere. I’m assuming that will happen, and the question becomes, can we figure out a way to try to make sure that our stuff is one of the pieces that becomes part of one of those trades?”
