Senate’s college-sports bill exposes divide over federal rules and NCAA power

WASHINGTON — The Senate is moving toward a vote on a college-sports bill after senators disagreed over who should make the rules for college athletics: Congress, or the schools, conferences and NCAA.

The Protect College Sports Act, S. 4668, would create federal rules for name, image and likeness, or NIL, deals. NIL deals allow athletes to be paid for the use of their name, image or likeness. The bill would require athletes to report NIL compensation above $600 to their schools. It would require agents to register with a state and limit their fees for endorsement contracts to 5%. It also would let athletes transfer once without losing eligibility. 1

The measure would make permanent a limit on revenue sharing with athletes and adjust it for inflation. At schools with at least $80 million in annual athletics revenue, it generally would require maintaining the 2024-25 number of scholarships and roster spots in sports that do not make a positive net revenue. The bill also would generally prevent Division I conferences from reducing the number of varsity or Olympic sports that member schools must sponsor. 1

It would grant a limited exemption from antitrust law — laws that generally restrict agreements that limit competition. The exemption would cover certain joint agreements to transfer college-sports television rights to another party, but only if at least 75% of Football Bowl Subdivision schools take part. It would not broadly exempt all NCAA or college-sports rules from antitrust law. 1

Supporters said federal rules would give athletes clearer protections. Sen. Chris Coons, D-Del., cited NIL disclosure, registered agents, fee limits, scholarships, medical decision-making and health coverage as reasons to support the bill. Those were Coons’ arguments for the measure, not findings about what it will accomplish. 2

Sen. Todd Young, R-Ind., said Congress needed to act to create clear NIL rules and protect athletes, schools, women’s sports and Olympic sports. He said he consulted the NCAA, sports organizations and Indiana colleges and universities, and that negotiations addressed concerns raised by stakeholders. 3

Sen. Rand Paul, R-Ky., proposed a different approach. He asked for an immediate vote on amendment 6758, which would broadly exempt college sports from antitrust law. Paul argued that schools, athletes, coaches and conferences should negotiate their own rules rather than have Congress and courts set rules on pay, transfers and eligibility. 2

Majority Whip John Barrasso, R-Wyo., objected. Barrasso said leaders expected votes on a package of amendments and planned to finish the bill that week. He said Sens. Ted Cruz and Maria Cantwell were working through the amendment process, including Paul’s proposal, and described the bill’s antitrust protection as narrow and subject to safeguards. 2

Several amendments to substitute amendment 6776 were filed Sept. 23. Sen. Raphael Warnock, D-Ga., proposed grants for long-term infrastructure improvements at historically Black colleges and universities. Sens. Tammy Baldwin, D-Wis., and Tim Kaine, D-Va., proposed changes to the bill’s treatment of state laws. Sen. Jeff Merkley, D-Ore., proposed a narrower change involving provisions that would continue in effect. Sen. Tim Scott, R-S.C., proposed disclosure requirements for foreign financing connected to college athletics. The amendments were ordered to lie on the table, meaning they were submitted but not then adopted. 4

The Senate ordered that it would return Sept. 24 to substitute amendment 6776 after postcloture time expired at 10:45 a.m. Cloture is a Senate procedure that limits further debate. Senators were then scheduled to vote on adopting the substitute. 5