The U.S. Senate passed the bipartisan Protect College Sports Act in a 77-22 vote on September 28, 2026, aiming to establish the first federal regulatory framework for college athletics. While the bill sets national standards for NIL deals and limits athlete transfers, it faces steep hurdles in the House. House Majority Leader Steve Scalise and other conservatives oppose the bill because it lacks language explicitly prohibiting student-athletes from being classified as employees, raising concerns over potential unionization.
Path of the bill through the House
- ▪Senator Ted Cruz urged the House of Representatives to pass the Protect College Sports Act so President Donald Trump could sign it on ESPN's 'College GameDay' before the football season ends in January.
- ▪The Protect College Sports Act faces hurdles in the House of Representatives, which has recessed until after the November 3, 2026, midterm elections.
- ▪House Majority Leader Steve Scalise and the Congressional Black Caucus oppose the Protect College Sports Act; Scalise criticized its omission of language explicitly prohibiting student-athletes from being classified as employees.
Senate passage and negotiations
- ▪The Protect College Sports Act was co-authored by Senators Ted Cruz, Maria Cantwell, Eric Schmitt, and Chris Coons.
- ▪Senator Ted Cruz dropped his demand for an athlete employee prohibition in the Protect College Sports Act because it was a non-starter for Senate Democrats.
- ▪The U.S. Senate passed the Protect College Sports Act on September 28, 2026, in a bipartisan 77-22 vote.
Key provisions of the bill
- ▪The Protect College Sports Act establishes national standards for name, image, and likeness compensation and requires disclosure of NIL deals exceeding $600.
- ▪The Protect College Sports Act would codify the $2.8 billion House antitrust settlement's revenue-sharing caps while allowing schools to exceed the limit by $22.5 million per year to retain players.
- ▪The Protect College Sports Act limits student-athletes to five years of competitive eligibility, with exceptions for pregnancy, military service, religious missions, or serious injury.
- ▪The Protect College Sports Act limits student-athletes to one free transfer without losing eligibility, restricting second transfers to specific exceptions like head coach departures or sexual harassment.
Labor union positions on the bill
- ▪The AFL-CIO and other labor unions oppose the Protect College Sports Act, arguing it grants the NCAA too much power without providing athletes an explicit path to unionize.
- ▪AFL-CIO advocacy director Jody Calemine stated the labor federation is open to Congress bypassing the NLRA to grant college athletes collective bargaining rights without employee classification.
Dartmouth basketball unionization efforts
- ▪The Dartmouth College men's basketball team withdrew its petition to unionize in late 2024 to avoid a looming Republican majority on the National Labor Relations Board.
- ▪The Dartmouth College men's basketball team won a union election in 2024 after a National Labor Relations Board regional director classified the players as employees.
Debatable claims
- ▪The Protect College Sports Act's antitrust exemption gives the NCAA too much power
- ▪The Protect College Sports Act should explicitly ban student-athletes from being classified as employees
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