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Senate Passes Protect College Sports Act Establishing National NIL Framework and Revenue Sharing

by Hashem Ali
September 29, 2026
in Business
3 min read
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The U.S. Senate passed the Protect College Sports Act (S. 4668) late Monday night, September 28, 2026, in a bipartisan 77-22 vote. The legislation seeks to create a uniform national standard for how student-athletes are compensated for their name, image, and likeness (NIL), effectively replacing the current patchwork of varying state laws that have governed college athletics for several years.

The bill moves next to the U.S. House of Representatives, though immediate action is unlikely as the chamber remains in recess until after the November elections. Proponents of the bill suggest it will provide necessary stability to the NCAA landscape, while some critics argue the measure restricts athlete rights in favor of institutional control.

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National Standards and Revenue Sharing

A central component of the Protect College Sports Act is the codification of a revenue-sharing model that allows universities to distribute funds directly to athletes. For the 2026-2027 academic year, institutions will be permitted to share approximately $21.6 million with their athletes. This framework aligns with the terms established in the 2025 House v. NCAA settlement, moving those terms into federal law to prevent further litigation regarding the basic structure of athlete pay.

By establishing a federal framework, the bill supersedes state-level NIL laws. This shift is intended to eliminate the recruiting advantages currently held by schools in states with more permissive compensation rules. To manage these new financial transactions, the bill caps agent fees for NIL deals at 5%, a significant reduction from many current industry standards.

Athlete Protections and Scholarship Security

Beyond direct compensation, the legislation introduces long-term health and education requirements for Division I schools. The bill mandates that universities cover medical costs for athletic-related injuries for at least five years after an athlete’s eligibility expires.

Educationally, the act includes a 10-year scholarship guarantee, ensuring that athletes can complete their degrees even if their playing careers are cut short by injury or other performance-related factors. The bill also includes specific provisions for non-revenue and “Olympic” sports. To prevent schools from cutting smaller programs to fund the new revenue-sharing requirements for football and basketball, the legislation requires schools to maintain a minimum number of sports for nine years.

Employment Status and Antitrust Relief

The bill explicitly states that student-athletes are not classified as employees of their respective institutions. This designation is a primary objective for the NCAA and major conferences, as it prevents athletes from unionizing or engaging in collective bargaining under current labor laws.

To help conferences and the NCAA enforce these new rules, the bill grants limited antitrust protection. This legal shield is intended to allow the governing bodies to set and maintain eligibility and compensation rules without the constant threat of antitrust lawsuits that have disrupted the college sports model over the last decade.

Transfer Rules and Compliance

The legislation also addresses the “transfer portal” by reinstating stricter requirements for athletes moving between schools. Under the new rules, athletes are granted one penalty-free transfer. However, any subsequent transfers would require the athlete to sit out for one year before becoming eligible to compete at a new institution, unless they meet specific hardship waivers.

Opposition to the bill in the Senate was led by Senators Cory Booker and Chris Murphy, who argued that the legislation favors the NCAA’s interests over those of the athletes. Analysis of the bill’s passage suggests that while it provides the “guardrails” sought by university administrators, the prohibition of employee status remains a point of contention for athlete advocacy groups and labor organizations.

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