Stadiums filled to capacity with fans in Collegetown, U.S.A. A marching band with full brass in sync with impeccable, crisp, choreographed movements. A cheer squad of young women wearing bright uniforms and brighter smiles — the Saturday ritual that is college football has taken a turn from the homespun, wholesome, right-of-passage, wistful alum, stuff of Americana to a multi-million dollar enterprise complete with eye-popping dollar bids over television rights, legal battles over players’ compensation, and the darker side of gambling. And that’s just football. College sports in the 21st century have evolved into a chaotic mess. But one senator is hoping to make sense of it all through a bipartisan bill. Will it be the last best hope of reviving the charm and spirit of college sports, or are we at the end of an unraveling American legacy? The Daily Wire sits down with Senator Ted Cruz to briefly talk about Iran, followed by an in-depth conversation to see if he can mark one in the W column and save college sports.
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Ben Domenech: I want to get your initial thoughts on the MOU, this deal, and what you think about it in terms of pros and cons, risk and reward.
Ted Cruz: To the best of my knowledge, the administration has not yet briefed Congress on what this deal entails. I understand that the administration is doing background calls with reporters with the briefer, whom they identify as a “senior administration official.” And I’m told that the official read the MOU verbatim to the reporter. So I assume that is the text, but no one has confirmed it to me.
BD: Assuming that it is essentially the framework that has been publicly discussed and that has been going back and forth, do you think that it’s a satisfactory end to achieve the goals that this administration set initially?
TC: I am hoping there are more deep details and better details than what has been released so far. What has been released so far suggests that, unfortunately, the president is getting very poor advice when it comes to this deal. History teaches that giving billions of dollars to theocratic lunatics who want to murder us is a bad idea. Under the terms of what’s been released, somewhere between $10 billion and $30 billion will flow to the Ayatollah immediately before they make even a single nuclear concession. I think that’s ill-advised. That money, if it goes to the Ayatollah, will go to fund terrorists trying to kill Americans and weapons that will be used to try to kill Americans.
It also appears to formalize a permanent role for the Islamic regime controlling the Strait of Hormuz. It is difficult to see what possible benefit to America could come from that.
BD: When it comes to control of the Strait, the idea that they’re going to wait 60 days and then start charging tolls or fees — however you want to describe it — for going through, it shocks me that that’s something that is acceptable to this administration.
TC: I do not believe the Ayatollah should be able to charge one penny for the free navigation of the seas. It has also been discussed that the financial reward could be $300 billion to the Ayatollah. If that is true, that would be three times more than the money Joe Biden and Kamala Harris funneled to the Ayatollah. It is a virtual certainty that if $300 billion went to the Ayatollah, that money would be used to murder Americans.
I’ll also say the idea that we should want a Marshall Plan for Iran to come in and rebuild Iran like the United States did for Europe after World War II makes no sense whatsoever.
President Trump was exactly right to initiate military action against Iran because, for 47 years, the regime has been waging war against America, has been the world’s leading funder of terrorism, and has been murdering Americans for 47 years. Nearly 1,000 Americans have been murdered by the Ayatollah and the Mullahs. That is why the president acted as a strong commander in chief to take out their military capacity, and it is not remotely in America’s interest for us to pay to rebuild that capacity that we just took out.
BD: Let’s talk about sports. Only a slightly less fractious moment for sports in America, thanks to the college system and the changes that have happened in recent years. And you have a bipartisan bill to save college sports, with proponents and opponents who cut across political lines in interesting ways. What made you feel like you needed to weigh in on this topic and have a federal solution on these matters?
TC: College sports is an incredible institution. At a time when Americans are divided on so many issues, sports is one of the few things that brings us together — students and alumni and fans and communities. Sharing your hometown team. It is uniquely American. No other nation has anything remotely comparable to what we have in college sports in the United States. College sports has also been an avenue for millions of young men and women to go to college and to get an education. Right now, there are more than 500,000 collegiate athletes competing across the country. Many of those are from low-income environments, where they would have few, if any, other viable paths to a college education.
And yet college sports is in crisis right now. Every week, we see another program being canceled, women’s sports being canceled, track and field being canceled, Olympic sports being canceled, and non-revenue sports being canceled. The transfer portal is chaotic, with student-athletes transferring two, three, four, or five times, which is not good for them. It’s not good for the college. It’s not good for the fans. It’s not good for the sport. And for a student who transfers two, three, or four times, the odds are vanishingly small that the student will get anything resembling a college education. If you’re moving from school to school to school, the academic environment is one where students are being robbed of the opportunity to get a meaningful college education. You have college sports being governed by endless lawsuits and injunctions. Eligibility standards are all but nonexistent because of the chaos. And you asked why Congress needs to get involved?
Well, that chaos was caused by the application of laws Congress passed, which means only Congress can change those laws. Only Congress can fix this problem. College sports, universities, and conferences have come to Congress, begging it to act. I’ve spent three years working on this problem, trying to bring Republicans and Democrats together. This is obviously a deeply divided time with real partisan differences on virtually everything, and miraculously, we were able to forge a bipartisan compromise to save college sports. And I’ve worked hand in hand with [Sen.] Maria Cantwell (D-WA), who is the ranking member on the Senate Committee on Commerce, Science, and Transportation. I’m the chairman, obviously. The two of us together have spent hundreds of hours negotiating this bill and reaching common ground. This bill is the only viable path for a bill that can actually pass the Senate and be signed into law. My hope is that we will get a big bipartisan vote behind the bill.
BD: From your perspective, what are the three biggest problems? You mentioned the transfer portal, kids moving around, not getting an education. What are the three biggest problems that your bill is attempting to solve?
TC: There are a number of different pieces in this bill that are really important. Number one is the transfer reform — it guarantees every student-athlete one free transfer, and after that, you can have a second transfer only in narrow, specified circumstances: if your coach leaves, your program is discontinued, or you’re the victim of sexual assault or sexual harassment. If you transfer a second time for any other reason, then that athlete has to redshirt a year. That provision alone will do a lot to fix the chaos because it ensures that athletes will not constantly enter the transfer portal and simply be acting as free agents, but rather will be student-athletes.
Much of my focus was not about the superstars — the Michael Jordans of the world — they’re going to do fine. They’re going to make millions of dollars. They’re going to be on the cover of Wheaties boxes. They’re going to do great. My focus is very much on the 99% of student-athletes who will never play in the NBA. They’re never going to play in the NFL. But sports provide them a pathway to get a college degree. It also teaches them life skills — hard work and grit and discipline and teamwork and sportsmanship — all of which set them up for success in the future. So bringing some sanity to the transfer portal is an important element of this bill.
Another important element of this bill is providing clear eligibility rules. Every athlete is entitled to five years of eligibility, a hard age cap of 24, so that you don’t have what we have right now, which is 27- and 28-year-olds competing against 17-year-olds. That’s not fair. And what it’s doing is crowding out high school graduates from the scholarship slots they used to get to go to school.
The bill also makes clear that professional athletes can’t compete in college sports. If you choose to be a professional athlete, you’re no longer eligible to be a student-athlete in college. Both of those provisions are very important. The bill addresses the problem from two directions: cost and revenue. On the cost front, the bill provides the authority to enforce the House settlement and slow the constant cost spiral. Right now, virtually every athletic program in the country is losing millions of dollars; many are losing tens of millions. And if Congress doesn’t act, we’re on a path that, within five years, there will be 30 to 50 schools playing competitive college football. They’ll essentially be a mini-NFL, and the rest of the athletic programs will collapse. They will not be able to keep up with the arms race, and when they cancel football, football is what pays for every other sport, so the remainder of their sports will go away as well. That would be a disastrous outcome. That would be bad for student athletes, bad for colleges, bad for academic programs, and bad for fans.
This bill, on the cost side, provides the authority to enforce revenue-sharing limits to keep costs manageable. And then on the revenue side, we provide the legal authority for colleges to join together and negotiate their media rights collectively as pooled media rights. That is designed to substantially increase the revenue that they extract for college sports. Right now, college football has roughly twice as many eyeballs. Roughly twice as many people watch college football as watch the NBA, and yet the NBA’s media deals are worth billions more than college football’s.
That’s because right now every conference negotiates separately, and they’re fractured. By allowing the schools to negotiate jointly, I believe this will substantially grow the available revenue pie, and that revenue is what will enable these programs to survive and thrive. It’s also what enables us to keep and protect women’s sports, Olympic sports, and all of the remaining sports that are not college football. And I underscore that media pooling is purely voluntary. The bill does not force them to do that, but it creates an avenue they can pursue if they determine it is in their interest to do so.
BD: How important is transparency in the NIL [Name, Image, and Likeness] world?
TC: I think it’s very important. The bill has provisions that require reporting of NIL deals and protect the rights of student-athletes to be compensated. The old system, where student-athletes could not be compensated, was unfair.
You had college sports producing millions of dollars of revenue, and everyone got a piece of the pie except for the athletes, and that was not a fair system. As a conservative, I believe you ought to be entitled to earn the fruits of your labor. And so this bill explicitly protects the right of athletes, number one, to participate in genuine NIL contracts. If a quarterback can sell millions of tennis shoes, then that quarterback ought to be able to reap millions of dollars as a result. Now, those NIL deals have to be genuine NIL deals for a valid business purpose. This also protects athletes’ right to share in the school’s revenue. Both of those are protected, but what it prohibits is phony NIL — essentially a booster with a bag of cash in a back alley simply paying an athlete to be at the school, and that kind of abuse, unfortunately, has been rampant.
By requiring reporting of the NIL deal, the bill is designed to ensure transparency. The bill also puts important restrictions on agents. One problem we’re seeing across the country is unscrupulous agents taking advantage of often 17- or 18-year-old kids who are not financially sophisticated, extracting huge fees and exploiting these young athletes. And so this bill creates an agent registry, and it caps agent fees at 5%, which is consistent with where they are in the NFL or the NBA, and it provides important protections for student athletes.
BD: Looking at the Brendan Sorsby situation, which obviously applies particularly to those who have issues with gambling, there are different polls that suggest that, given its ubiquity, it’s going to be a bigger problem going forward with athletes participating. What’s the solution to avoid this from being resolved just by local judges? There has to be a way to adjudicate this and feel like it has fairness and also understands these situations in ways that don’t feel like there’s something corrupt going on.
TC: The Sorsby judicial decision was indefensible, and it is a perfect illustration of why this bill is necessary and of the chaos that currently exists in college sports. I’m very glad, by the way, that Texas Tech made the right decision to no longer continue down that path, but if the Protect College Sports Act had already been signed into law, you would never have had the judicial decision in Sorsby because this bill makes explicit that eligibility rules can be fully enforced and that gambling is explicitly a basis for denying eligibility. Gambling will only grow as a problem. Gambling goes right to the heart of sports integrity across the board, so this bill provides the authority to enforce those eligibility rules and prevent another situation like what happened with Sorsby.
BD: How optimistic are you that you’ll be able to get it done?
TC: I’m quite optimistic. Right now, the bill has two Democrat sponsors and two Republican sponsors. So [Sen.] Maria Cantwell and I, but then also [Sens.] Chris Coons (D-DE) and Eric Schmitt (R-MO). On the Democrat side, both Cantwell and Koons are senior Democrats. They have a lot of respect in their conference. My hope is that the markup will produce a meaningful bipartisan vote. I don’t know if it will, but I hope that it will. We’re having very productive conversations with members of the Commerce Committee, both Republicans and Democrats, and trying to find consensus and common ground.
We’ve seen overwhelming support for this bill. Twenty-two conferences have come out and endorsed the bill. It’s been endorsed by the NFL, the NFL Players Association, and the NBA Players Association. It’s been endorsed by Coach Nick Saban and upwards of 50 college coaches across the country. Coach John Calipari has been vocal in supporting it. It has been endorsed by Notre Dame’s athletic director, who testified at the hearing. The breadth of support is significant. There have been a handful of critics, and I would say any critic bears the burden of pointing to the alternative, and I don’t believe there is a viable alternative. Some have pointed to the SCORE Act in the House. I like a lot of provisions of the SCORE Act. The House has worked hard on the SCORE Act, but Senate Democrats strongly oppose it.
In order to pass into law, we’ve got to get at least 60 votes, and the SCORE Act would get zero Democrats in the Senate. What made this difficult was negotiating a compromise that could actually pass the Senate. My objective is not just to eke by with barely 60 votes. My hope is to get substantially more than 60 votes — a big bipartisan vote — and to do that, we had to compromise. I made compromises that I don’t like. I think Senator Cantwell made compromises that she doesn’t like. And we tried to reach a middle ground designed to solve the problem, and I think this is the only path that can result in legislation that is actually signed into law and able to solve the problem.
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