Overview
Major legislative reform of college athletics just got closer to becoming reality. On September 15, the Senate voted 74–24 to invoke cloture on the motion to proceed to the Protect College Sports Act (S. 4668), surpassing the 60-vote threshold required to overcome a filibuster. The vote permits the Senate to formally take up the bill for consideration.1 If the Senate passes the legislation, it would then proceed to the House of Representatives.
The Protect College Sports Act "has the support of 32 collegiate athletic conferences, and more than 370 colleges and universities" according to the Trump administration, which has indicated that President Trump would sign the bill in its current form if it passes both chambers of Congress.2
What's in the Protect College Sports Act
The bill is broad in scope, addressing issues affecting student-athletes, coaches, agents, conferences, and institutions.
With respect to student-athletes, the bill would cap total annual NIL payments by colleges at 22% of certain revenues (currently approximately $21.5 million); permit one transfer without losing a year of eligibility; and codify five consecutive years of athletic eligibility.3 For conferences, the bill would permit schools' pooling of television-media rights; substantially restrict conference realignment and withdrawal; and prohibit the creation of a so-called "Super League."4 The bill would also prohibit in-season coaching moves and cap agents' NIL fees at 5% of a contract's value.5
More broadly, the bill would preempt certain types of state laws concerning NIL, eligibility, and transfers.6 It would also create a private right of action for student-athletes to enforce the legislation's provisions and prohibit contractual provisions requiring student-athletes to arbitrate such claims.7
The bill would also codify several features associated with the proposed House settlement framework.8 Most notably, it would incorporate a "valid business purpose" requirement for certain third-party NIL arrangements, providing a statutory basis for scrutiny of NIL deals that lack a legitimate commercial rationale.9 The legislation would also codify other aspects of the settlement's compensation and NIL-governance structure, rather than leaving those requirements solely to settlement terms, NCAA rules, or conference policies.10
In addition, the bill would establish new reporting and transparency obligations.11 Institutions would be required to submit prescribed information concerning NIL activity and other covered payments to their conferences, and the legislation would require a public database containing specified reported information.12 The bill would also afford the NCAA a limited antitrust exemption for certain covered rules and conduct.13 Together, these provisions could materially affect institutions' reporting systems, NIL-review processes, data-governance practices, and litigation exposure.
Significant hurdles remain, however, before the bill becomes law. While supporters of the bill say it will bring uniform rules and clear guidance to college athletics, opponents say the bill "at its core" "protects a system of exploitation."14 Specifically, opponents argue that student-athletes should be permitted to collectively bargain regarding any limits on revenue sharing—or, alternatively, that revenue sharing should not be subject to a cap at all.
Moreover, after the Senate's cloture vote, House Speaker Mike Johnson canceled the House's remaining votes for the week and sent members home for a recess that, according to some sources, will not end until the November midterm elections. The outcome of those elections could therefore make House passage less likely.
The bill also does not resolve other of the major question confronting collegiate athletics. Most notably, it does not address whether student-athletes are—or may be classified as—employees under existing federal and state employment-law standards. A provision addressing student-athlete employment status contributed to the failure of the House's prior comprehensive college-athletics proposal, the SCORE Act.15
Compliance Considerations for Universities and Conferences
Beyond its headline provisions, the bill would impose substantial institutional compliance obligations on colleges and conferences. In the health and safety area, institutions would be required to adopt mandated safety standards; designate independent health and safety officers with oversight over athletic programs; train coaches not to second-guess medical personnel; pay for second opinions requested by student-athletes under certain circumstances; and cover certain medical expenses for up to five years after an athlete's playing career ends.16 Institutions able to demonstrate need could seek assistance from a medical trust fund providing up to $100 million annually in aggregate funding for costs associated with these expenses.17
The bill would also impose substantial Title IX-related obligations. Schools would be required to maintain current levels of promotion and media distribution for women's and Olympic sports, and would be prohibited from eliminating those sports or reducing their roster spots.18 In addition, institutions would be required to maintain comparable standards across men's and women's programs with respect to meals, lodging, rest, transportation, athletic facilities, publicity, and promotion.19 On governance, conference governing boards would be required to include at least one-third student-athlete representation, and the legislation would establish a Student-Athlete Retention Council within the Future of College Sports Commission.20
If enacted, the Protect College Sports Act would require institutions and conferences to assess not only their existing NIL, transfer, medical, and governance practices, but also how those practices interact with the bill's new federal standards, Title IX obligations, conference rules, and continuing employment and antitrust risks. The bill's private right of action and restrictions on mandatory arbitration could further increase the potential for athlete-facing litigation. If passed, institutions will need to develop practical, coordinated approaches to compliance across athletic departments, conference offices, legal teams, and senior leadership.
Additionally, although the bill provides that nothing in the legislation may be construed to affect the application of Title IX, it does not expressly address whether, or how, institutional NIL and revenue-sharing payments must be allocated to comply with Title IX.21 The savings clause preserves whatever Title IX obligations otherwise apply, but leaves unresolved whether such payments constitute athletic financial assistance or otherwise must be distributed according to a particular Title IX-compliant methodology. Institutions will therefore need to assess their payment structures in light of continuing Title IX requirements and developing legal guidance.
Steptoe can assist colleges, conferences, third-party collective, athletes, and other stakeholders evaluate the bill's operational and legal implications and prepare for potential implementation. Our multidisciplinary team advises on college-athletics governance, Title IX, labor and employment, antitrust, NIL and compensation structures, health and safety obligations, litigation risk, and federal and state regulatory matters. We work with clients to develop compliance frameworks and strategic responses that account for the legal, financial, operational, and reputational considerations unique to modern college athletics.
1 Associated Press, Senate Votes to Begin Consideration of Protect College Sports Act, ESPN (Sept. 15, 2026, 6:41 PM ET), https://www.espn.com/college-sports/story/_/id/49952533/senate-votes-begin-consideration-protect-college-sports-act.
2 Senate Committee on Com., Sci., & Transp., Senate Votes 74–24 to Advance Cantwell's Bipartisan Protect College Sports Act, US Senate Comm. on Com., Sci., & Transp., https://www.commerce.senate.gov/press/dem/release/senate-votes-74-24-to-advance-cantwells-bipartisan-protect-college-sports-act/; Senate Committee on Commerce, Science, and Transportation, Trump Administration Recommends Passage of Protect College Sports Act, US Senate Comm. on Com., Sci., & Transp., https://www.commerce.senate.gov/press/rep/release/trump-administration-recommends-passage-of-protect-college-sports-act/.
3 Associated Press, Senate Votes to Begin Consideration, supra n. 1. However, there would also be a retention fund to retain players currently on NIL deals outside of the proposed system. Id.
4 Id.; Chris Vannini, What's Actually in the Senate Bill That's Supposed to Stop the Madness in College Sports?, The Athletic (Aug. 5, 2026), updated Sept. 18, 2026, https://www.nytimes.com/athletic/7493125/2026/08/05/protect-college-sports-act-summary/.
5 Vannini, supra n. 4.
6 Id.; Senate Comm. on Com., Sci., & Transp., Updated Bipartisan Protect College Sports Act Will Stabilize College Sports, Codify Athletes' Rights & Protections in Law, Expand Athlete Compensation Opportunities (Sept. 15, 2026), https://www.commerce.senate.gov/press/dem/release/updated-bipartisan-protect-college-sports-act-will-stabilize-college-sports-codify-athletes-rights-protections-in-law-expand-athlete-compensation-opportunities/.
7 Updated Bipartisan Protect College Sports Act, supra n. 6.
8 Protect College Sports Act of 2026, S. 4668, 119th Cong. §§ 114, 115, 119 (2026). US Senate Comm. on Com., Sci. & Transp., Section-by-Section Summary: Protect College Sports Act of 2026, at 7-10, https://www.commerce.senate.gov/wp-content/uploads/2026/08/Section-by-section-Protect-College-Sports-Act-short.pdf.
9 Protect College Sports Act of 2026, S. 4668 § 114 (2026); Section-by-Section Summary, supra n. 8 at 7.
10 See supra n. 8.
11 Protect College Sports Act of 2026, S. 4668 § 101 (2026); Section-by-Section Summary, supra n. 8 at 1.
12 Protect College Sports Act of 2026, S. 4668 § 104 (2026); Section-by-Section Summary, supra n. 8 at 3.
13 Protect College Sports Act of 2026, S. 4668 §§ 118, 203-05 (2026); Section-by-Section Summary, supra n. 8 at 8, 11-12.
14 Carl Hulse, Senate Takes Up Bill to Regulate ‘Wild West' of Collegiate Sports, New York Times (Sept. 16, 2026), https://www.nytimes.com/2026/09/16/us/politics/senate-regulates-college-sports.html.
15 Id.
16 Updated Bipartisan Protect College Sports Act, supra n. 6.
17 Protect College Sports Act of 2026, S. 4668 § 106 (2026).
18 Updated Bipartisan Protect College Sports Act, supra n. 6.
19 Id.
20 Id.
21 Protect College Sports Act of 2026, S. 4668, 119th Cong. § 127 (2026).
