A major effort to protect the future of American college sports could be running out of time, and Washington's latest political power shift may be the reason why.
The bipartisan Protect College Sports Act, championed by Republican Sen. Ted Cruz, is facing an increasingly uncertain future after Democrats swept the midterm elections and secured control of both chambers of Congress.
The legislation cleared the Senate by an overwhelming 77-22 vote on September 28, giving supporters reason to believe that meaningful federal action was finally within reach.
But there is a problem: the bill still needs to pass the House, and the clock is ticking.
Congress is entering its lame-duck session, the period between the November elections and the arrival of newly elected lawmakers in January. That leaves the outgoing Republican-controlled House with limited time to schedule a vote before the current congressional session ends January 3.
If lawmakers fail to act, the legislation could face a much more difficult path in the next Congress.
Christopher Pham, a sports law attorney at Fredrikson & Bryon in Minneapolis, believes passage before January is unlikely.
He pointed to the "compressed legislative calendar and a change in congressional control approaching" as major obstacles.
The political calculations are becoming even more difficult.
College sports attorney Mit Winter offered an especially blunt assessment, suggesting Democrats have little incentive to help Republicans deliver a legislative victory during their final weeks in control.
"Democrats have no reason to cooperate on this bill now and pass a bill that would be seen as a win for Trump and the Republicans," Winter said.
He described the legislation's chances as "slim-to-none."
Darren Heitner, founder of Heitner Legal, was similarly pessimistic, estimating an 80% chance that the Protect College Sports Act would fail to pass.
Heitner also highlighted another complication: House Republican leadership has already indicated that it wants changes to the legislation. Any modifications could send the bill back to the Senate for another vote, making an already difficult timeline even tighter.
"Democrats have now won the House and have little reason to give the outgoing majority a win on a bill their own caucus opposes," Heitner explained.
That is the political reality facing the legislation.
Despite receiving substantial bipartisan support in the Senate, the bill could become another casualty of Washington's increasingly partisan approach to governing. An overwhelming 77-vote Senate majority means little if congressional leaders cannot find the time or political will to finish the job.
For college athletics, the stakes extend beyond another congressional victory or defeat. The future of college sports is being shaped by major financial and institutional changes, making the question of federal legislation increasingly important.
Ted Cruz and other supporters now face a narrow window to get the measure across the finish line before the incoming Congress changes the political landscape.
The frustrating part is that a bill capable of attracting support from both parties could be left behind because of election-year calculations and a rapidly changing balance of power.
College sports should not become another casualty of Washington's political games. If lawmakers genuinely believe the legislation is necessary to protect the future of American athletics, they should act before the opportunity disappears.
