Overview

The Protect College Sports Act of 2026 is a comprehensive federal legislative framework designed to restructure the governance, economics, and athlete protections of intercollegiate athletics in the United States. The bill addresses longstanding inequities in college sports by establishing enforceable rights for student athletes regarding name, image, and likeness (NIL) compensation, health and safety standards, transfer protections, and representation on governing boards. Beyond individual athlete protections, the bill fundamentally reorganizes how collegiate media rights are aggregated and distributed, creating a new collective entity structure for Football Bowl Subdivision institutions. The legislation also establishes a Congressional Commission on the Future of College Athletics to provide long-term policy recommendations, creates an independent Office of the Student Athlete Ombudsman, and amends the Sports Broadcasting Act of 1961 to govern media rights transactions in college sports. The bill's scope extends to gender equity, requiring comparable treatment of men's and women's athletic programs, and imposes new obligations on athlete agents, conferences, and intercollegiate athletic associations. Taken together, the Act represents the most sweeping federal intervention into college athletics governance in the modern era, responding directly to litigation, state-level NIL laws, and the structural instability exposed by conference realignment and the NCAA's evolving legal status.

Key Points

• Establishes enforceable NIL rights for student athletes at the federal level
• Creates a collective media rights entity for Football Bowl Subdivision institutions
• Amends the Sports Broadcasting Act of 1961 to address collegiate media rights
• Establishes the Office of the Student Athlete Ombudsman
• Creates the Congressional Commission on the Future of College Athletics
• Mandates gender equity in treatment of men's and women's athletic programs
• Imposes new regulations on athlete agents and pre-dispute arbitration agreements
• Provides transfer protections and eligibility safeguards for student athletes

Legal References

• Sports Broadcasting Act of 1961, 15 U.S.C. 1291-1295
• Higher Education Act of 1965, 20 U.S.C. 1001
• Sports Agent Responsibility and Trust Act, 15 U.S.C. 7801
• Clayton Act, 15 U.S.C. 12
• Federal Trade Commission Act, 15 U.S.C. 45
• In Re College Athlete NIL Litigation, No. 20-cv-03919 (N.D. Cal. June 6, 2025)

Core Provisions

The bill's core provisions span six major substantive areas. First, on NIL protections under §101, the Act prohibits materially false, deceptive, or fraudulent representations by athlete agents, requires disclosure of NIL agreements, and affirmatively permits student athletes to market or earn compensation for their name, image, or likeness without forfeiting eligibility. A publicly accessible, searchable NIL fair market value database must be established and maintained under §107 to assist student athletes and their agents in evaluating agreement terms. Second, the Act creates a new collective media rights structure under §§203-207 through amendments to the Sports Broadcasting Act of 1961. Institutions and conferences may voluntarily join a covered entity comprised of at least 75% of Football Bowl Subdivision institutions. Within this entity, each member conference or institution holds one vote on each type of decision, and any determination to contribute media rights to the covered entity requires a unanimous vote. The covered entity must distribute collective media rights revenue to members at least once per academic year and must maintain a governing board with at least one-third current or recent graduate student athlete representation. Third, §§111-112 establish student athlete representation requirements on intercollegiate athletic association governing boards and impose restrictions on recruiting contact with student athletes who have not yet entered the transfer portal, with defined exceptions. Fourth, §§104 and 107 mandate comprehensive disclosure and reporting obligations, requiring institutions to submit annual reports to their governing athletic association within 60 days of each academic year's end and to disclose NIL agreements and compensation. Fifth, §§113-115 address eligibility, prohibited compensation arrangements, and revenue share caps, including a prohibition on pre-dispute arbitration agreements that would bind student athletes individually. Sixth, §116 establishes the Congressional Commission on the Future of College Athletics as a 20-member body with co-chairs, authorized at $60,000,000, tasked with submitting a comprehensive report within five years of enactment.

Key Points

• §101: NIL rights and agent conduct standards established federally
• §104: Annual institutional disclosure and reporting to governing associations
• §107: Mandatory NIL fair market value database for student athletes
• §108: Office of the Student Athlete Ombudsman with anti-retaliation protections
• §111: Student athlete representation (minimum one-third) on governing boards
• §112: Transfer protections restricting unauthorized recruiting contact
• §113: Federal eligibility standards for intercollegiate sports participation
• §114: Prohibition on pre-dispute arbitration agreements and certain payments
• §115: Revenue share cap extension
• §116: Congressional Commission on the Future of College Athletics, $60M authorization
• §§203-207: Sports Broadcasting Act amendments creating collective media rights entity
• §205: Prohibition on certain conference mergers or acquisitions

Legal References

• Sports Broadcasting Act of 1961, 15 U.S.C. 1292, 1293, 1294
• Higher Education Act of 1965, 20 U.S.C. 1001
• Sports Agent Responsibility and Trust Act, 15 U.S.C. 7801

Implementation

Implementation responsibility is distributed across multiple federal and private entities. The Federal Communications Commission assumes jurisdiction over complaints alleging violations of the good-faith negotiation requirements imposed on covered entities, networks, distributors, and licensees under the media rights provisions. The FCC is also required to publish a list of designated market areas within 180 days of enactment to support the market-level broadcast access requirements for college football and basketball under §204. Intercollegiate athletic associations and conferences bear primary compliance responsibility for maintaining comparable standards of medical care, lodging, meals, transportation, and athletic facilities across similarly situated men's and women's programs. Institutions must designate an athletic health and safety officer within 270 days of enactment and must adhere to health and safety standards established under the Act. Reporting obligations require institutions to submit annual NIL and compensation disclosures to their governing athletic association not later than 60 days after each academic year ends. The Office of the Student Athlete Ombudsman is established as an independent body providing free advisory services to student athletes, and all intercollegiate athletic associations must inform student athletes of how to contact the Office. Athlete agents must be registered with a State and must execute an agency contract before providing representation in any endorsement contract. Enforcement mechanisms include penalties for non-compliance with media rights requirements under §203, enforcement authority vested in intercollegiate athletic associations and conferences under §206, and a private right of action for violations of specified sections under §118(h)(1). The Congressional Commission is funded through equal appropriations from the House and Senate contingent funds and must report within five years of enactment.

Key Points

• FCC: jurisdiction over media rights negotiation complaints and designated market area publication (180 days post-enactment)
• Institutions: designate athletic health and safety officer within 270 days of enactment
• Institutions: annual NIL/compensation report to governing association within 60 days of academic year end
• Intercollegiate athletic associations: notify student athletes of Ombudsman contact information
• Athlete agents: State registration and agency contract required before endorsement representation
• Covered entity: distribute collective media rights revenue at least annually
• Congressional Commission: submit report within 5 years of enactment
• Private right of action available for violations of specified sections under §118(h)(1)

Legal References

• Sports Broadcasting Act of 1961, 15 U.S.C. 1291
• Federal Communications Commission jurisdiction provisions
• Sports Agent Responsibility and Trust Act, 15 U.S.C. 7801

Impact

The primary direct beneficiaries of the Act are student athletes, particularly those competing in Football Bowl Subdivision programs, who gain federally enforceable NIL rights, transfer protections, health and safety guarantees, access to independent ombudsman services, and representation on governing boards. The Act also benefits women athletes through the gender equity provisions requiring comparable treatment across men's and women's programs. Institutions, conferences, and intercollegiate athletic associations face substantially increased administrative burdens, including annual reporting obligations, health and safety officer designations, governing board restructuring, and potential participation in the collective media rights entity. The collective media rights structure, if widely adopted, could significantly alter the distribution of television and streaming revenue across college athletics, with unanimous voting requirements on media rights contributions providing individual institutions and conferences meaningful leverage over the process. The $60,000,000 authorization for the Congressional Commission represents a direct federal expenditure, though broader cost estimates for institutional compliance are not specified in the bill. The prohibition on pre-dispute arbitration agreements and the creation of a private right of action expand student athletes' legal remedies and are likely to generate increased litigation activity. The four-year review period built into the covered entity structure allows for modification of media rights requirements based on observed effects on fan interest, student athletes, revenues, and preservation of traditional rivalries. The Act does not include explicit sunset provisions for its core student athlete protections, suggesting these are intended as permanent federal standards.

Key Points

• Student athletes gain federally enforceable NIL rights, transfer protections, and health and safety guarantees
• Women athletes benefit from mandatory comparable treatment standards across programs
• Institutions face new reporting, staffing, and governance compliance obligations
• Collective media rights entity could reshape revenue distribution across FBS athletics
• $60,000,000 authorized for Congressional Commission on the Future of College Athletics
• Private right of action and arbitration prohibition expand student athlete legal remedies
• Four-year review period allows modification of covered entity media rights requirements
• No explicit sunset on core student athlete protection provisions

Legal Framework

The Act rests on Congress's Commerce Clause authority, exercised through amendments to the Sports Broadcasting Act of 1961 and through direct federal regulation of intercollegiate athletic associations that operate across state lines. The bill explicitly invokes the antitrust laws framework, defining antitrust laws by reference to the Clayton Act and the Federal Trade Commission Act, and creates a limited antitrust exemption structure for the collective media rights entity analogous to the existing exemptions in the Sports Broadcasting Act of 1961. The Act preempts state and local laws that conflict with its provisions, with §105 prohibiting institutions, conferences, and intercollegiate athletic associations from adopting rules or regulations that conflict with the Act's requirements. This federal preemption is particularly significant given the patchwork of state NIL laws enacted since 2021. The FCC's jurisdiction over media rights negotiation complaints represents a regulatory overlay on private commercial transactions, grounded in the Commission's existing authority over broadcast licensing and the public interest standard. The private right of action under §118(h)(1) creates federal question jurisdiction in district courts for enforcement of specified provisions. The bill also references and responds to the In Re College Athlete NIL Litigation settlement, suggesting that certain provisions are designed to codify, modify, or supersede aspects of that litigation's outcomes. The waiver provision for pre-dispute joint-action waivers requiring at least seven named plaintiffs represents a carefully calibrated limitation on class action waivers, preserving some collective action rights for student athletes while permitting limited pre-dispute agreements.

Legal References

• U.S. Constitution, Article I, §8 (Commerce Clause)
• Sports Broadcasting Act of 1961, 15 U.S.C. 1291-1295
• Clayton Act, 15 U.S.C. 12
• Federal Trade Commission Act, 15 U.S.C. 45
• Higher Education Act of 1965, 20 U.S.C. 1001, 1070a
• Sports Agent Responsibility and Trust Act, 15 U.S.C. 7801
• In Re College Athlete NIL Litigation, No. 20-cv-03919 (N.D. Cal. June 6, 2025)

Critical Issues

The Act presents several significant constitutional and implementation challenges. The unanimous voting requirement for media rights contributions to the covered entity creates a structural veto that any single FBS institution or conference can exercise, potentially rendering the collective entity unworkable if major conferences decline to participate. This design tension between voluntary participation and the 75% membership threshold may produce a covered entity that lacks the critical mass necessary to negotiate effectively with broadcast partners. The antitrust exemption for the collective media rights entity will face scrutiny under both the Sherman Act and the Clayton Act, particularly given the Supreme Court's 2021 decision in NCAA v. Alston, which signaled judicial skepticism toward NCAA-style collective restraints on competition. The preemption of state NIL laws, while providing national uniformity, will generate opposition from states that have enacted more athlete-favorable regimes and may face constitutional challenges under the Tenth Amendment. The prohibition on pre-dispute arbitration agreements conflicts with the Federal Arbitration Act's strong policy favoring arbitration, and the seven-plaintiff threshold for joint-action waivers is likely to be challenged as an impermissible restriction on contractual freedom. The definition of valid business purpose in §5(22) is explicitly ambiguous and will generate interpretive disputes in enforcement proceedings. The FCC's jurisdiction over private media rights negotiations is a novel extension of the Commission's authority that lacks clear statutory precedent and will likely be challenged on administrative law grounds. Finally, the Act's application primarily to Football Bowl Subdivision institutions creates a two-tiered regulatory structure that may disadvantage Division I non-FBS and Division II and III institutions that fall outside the Act's primary protections while still being subject to some of its obligations.

Key Points

• Unanimous media rights contribution vote creates structural veto risk for covered entity formation
• Antitrust exemption for collective media rights entity vulnerable after NCAA v. Alston (2021)
• Federal preemption of state NIL laws faces potential Tenth Amendment challenges
• Pre-dispute arbitration prohibition conflicts with Federal Arbitration Act policy
• Ambiguous 'valid business purpose' definition (§5(22)) will generate enforcement disputes
• FCC jurisdiction over private media rights negotiations lacks clear statutory precedent
• Two-tiered regulatory structure disadvantages non-FBS institutions
• Voluntary participation structure may undermine collective entity's negotiating effectiveness
• Seven-plaintiff threshold for joint-action waivers likely to face contractual freedom challenges

Legal References

• NCAA v. Alston, 594 U.S. 69 (2021)
• Federal Arbitration Act, 9 U.S.C. 1 et seq.
• Sherman Antitrust Act, 15 U.S.C. 1 et seq.
• Clayton Act, 15 U.S.C. 12
• U.S. Constitution, Tenth Amendment
• Sports Broadcasting Act of 1961, 15 U.S.C. 1291-1295