The Senate approved a bipartisan bill on Monday night that grants the NCAA and its member conferences the authority to enforce uniform national rules on college athletics. The bill passed with a vote of 77 to 22 and will move to the House in November, where it will require approval before being sent to President Trump for his signature.
The Protect College Sports Act, co-authored by Sen. Maria Cantwell (D-Wash.) and Sen. Ted Cruz (R-Tex.), provides the NCAA with a limited antitrust exemption to create standardized rules regarding athlete eligibility, limit conference realignment, and prevent the establishment of a super league that would replace NCAA subdivisions.
This legislation aims to codify a $2.8 billion antitrust settlement from last year, which allowed Division 1 schools to share revenue with current players and compensate past players. The new bill proposes to increase the revenue-sharing cap from $21.5 million to approximately $50 million per school, implementing a stricter and more enforceable model.
Under Name, Image and Likeness (NIL) agreements, wealthier schools have previously bypassed the $21.5 million cap through corporate sponsorships and endorsements for athletes. The bill would enable the NCAA to address attempts to circumvent the limit by including booster or affiliated-entity funds in total revenue-sharing calculations, while also providing an additional $27 million in funding to help retain current athletes.
A potential outcome of the bill is that prominent programs may lose their ability to attract top college athletes with offers of substantial compensation, thus allowing smaller programs to compete under NCAA regulations.
The NCAA and its affiliates have invested tens of millions of dollars lobbying for congressional intervention regarding its rule-making authority over the past seven years. Supporters, including Cruz, argue that the bill would establish order and consistent regulations in college sports.
Cruz stated on the Senate floor, "If we’re going to be having a national competition … it is only Congress that can establish a clear and enforceable legal rule book."
Prominent figures in college sports, such as former Alabama head football coach Nick Saban and ESPN analyst Pat McAfee, have publicly advocated for the bill. Saban remarked during a Senate committee hearing, "Congress does need to fix the mess in the courts and create a national framework so the people inside college sports can enforce fair rules."
However, the legislation faces opposition from some players, labor organizations, and members of Congress who argue that it could hinder college athletes' ability to negotiate their compensation. Sen. Chris Murphy (D-Conn.) criticized the bill, stating, "What this bill does, at its core, is protect a system of exploitation."
Concerns have also been raised by the Congressional Black Caucus and the NAACP regarding the bill's failure to include Black athletes, who constitute a majority in football and basketball programs, in the collective bargaining process.
The NCAA intends to implement a five-year eligibility rule, cap agent fees at 5%, impose penalties on second transfers, and codify protections for student-athletes, including 10-year degree completion assistance and post-eligibility healthcare. If the bill is passed, all challenges to these rules would need to be addressed in federal court.
Some senior Republican officials in the House, including Rep. Tim Walberg (R-Mich.) and Rep. Brett Guthrie (R-Ky.), have expressed reservations about passing the legislation without clarifying whether student-athletes will be classified as employees and whether additional limits should be imposed on international student-athletes. If amendments are made in the House, the bill would return to the Senate for another vote.
President Trump has voiced strong support for the bill, stating on Truth Social, "THE PROTECT COLLEGE SPORTS ACT is a great Bill, and the Senate will hopefully stay in D.C. until it passes. Without this Bill, millions of young Athletes will be hurt, programs will be canceled ... the fans will be robbed, and Universities will go broke."