Higher Burdens for NCAA Divisions as ‘Protect College Sports Act’ Gets Closer to Goal Line, Advancing in Senate

Takeaways

• The bipartisan Protect College Sports Act, which would impose sweeping federal regulations on intercollegiate athletics amid a wave of antitrust litigation against the NCAA, advances to Senate floor vote.
• The bill grants the NCAA a limited antitrust exemption to enforce eligibility, transfer and NIL compensation rules, establish federal NIL compensation, eligibility and transfer rules, and regulate agent conduct.
• Higher education institutions would have annual reporting obligations to their athletic associations, and the NCAA and other athletic associations would be required to maintain public databases on the fair market value of NIL agreements.

Related links

• S.4668 - 119th Congress (2025-2026): Protect College Sports Act of 2026
• Senate Overwhelmingly Supports Consideration of Protect College Sports Act Following Event with Student Athletes and Coaches - U.S. Senate Committee on Commerce, Science, & Transportation

Article

On Sept. 15, 2026, the U.S. Senate voted 74-24 to end debate and advance the “Protect College Sports Act” (S.4668) for a final vote. The bipartisan bill would impose sweeping federal regulations on intercollegiate athletics amid a wave of antitrust litigation against the NCAA, with higher burdens on NCAA Division I institutions.

Key Provisions

Antitrust exemption. The bill grants a conditional antitrust exemption shielding the NCAA, conferences, and institutions from federal and state antitrust liability when enforcing the Act’s rules on compensation caps, eligibility, transfers, recruitment, and agent certification.

NIL compensation. The bill codifies student-athletes’ name, image, and likeness (NIL) rights while requiring that institutional NIL agreements serve a “valid business purpose” with compensation commensurate to non-athlete comparables. The bill extends NIL provisions of the House settlement after such provisions would otherwise expire. Student-athletes must disclose NIL agreements to their institutions, institutions must report annually to their associations, and associations must maintain a public NIL valuation database.

Eligibility and transfers. A uniform five-year eligibility clock begins at enrollment or after a student-athlete turns 19, whichever is first. The bill limits student-athlete transfers to one penalty-free transfer.

Agent regulation. The bill amends the Sports Agent Responsibility and Trust Act (15 U.S.C. §7801-7807) (SPARTA) to require state registration, a fee cap on endorsement contracts, limits to representation to a student-athlete’s remaining eligibility, and certification to athletic associations. Associations must maintain a public agent registry and can penalize and decertify agents.

Student-athlete protections. The bill mandates academic safeguards, scholarship protections, medical coverage, and student-athlete representation on governing boards. It also requires every athletic association to establish an Office of the Student Athlete Ombudsman. The bill also requires larger athletic programs to maintain Women’s and Olympic programs.

Preemption and employment neutrality. The bill preempts conflicting state NIL, transfer, and eligibility laws. It expressly takes no position on student-athlete employee status.

What This Means

Institutions should review NIL compliance frameworks, update transfer and anti-tampering policies, confirm medical coverage meets the new thresholds, and prepare for agent registry and disclosure obligations.

Athlete agencies should confirm state registration, revise fee structures for compliance, update agency contracts to align with the new term and disclosure requirements, and monitor anti-tampering contact windows.

What’s Next

The bill must pass a final vote in the Senate and then approval in the House of Representatives; all with looming time constraints with the end of the legislative year and November midterm elections. However, this advancement is the closest lawmakers have come to national college sports standards after the NCAA spent much of the summer fighting to enforce its new eligibility rules.

The Jackson Lewis Education and Collegiate Athletics Group will continue to monitor the Protect College Sports Act and its impact on institutions and athlete agencies. Please contact a member of the Group if you have questions about compliance, planning, or other strategies related to the collegiate sports landscape.

(Summer Associate Ruth Abraham contributed to this article.)