Protect College Sports Act of 2026
What changed between versions
The definition of 'associated entity' was significantly narrowed. It now requires that the entity be known to 'athletics department staff' specifically (rather than broadly 'known to exist for or act for the benefit of'), adds 'in significant part, for the purpose of' as a qualifier, limits NIL opportunity creation to those 'solely' for a particular institution's athletes, narrows recruitment/retention direction to come from 'athletic department staff' rather than any third party acting on behalf of an institution, and adds an exception excluding publicly traded corporations.
The definition of 'student athlete' now incorporates specific federal regulatory citations (34 C.F.R. 668.2 for full-time status and 34 C.F.R. 668.34 for satisfactory academic progress) as they existed on the day before enactment, and adds a rule of construction allowing institutions to set more stringent academic standards if applied uniformly.
The deadline for student athletes to report NIL agreements to their institution was shortened from 30 days to 5 days. Additionally, reporting is now required not only to the institution but also to the intercollegiate athletic association (or an entity designated under the court settlement), expanding the entities that receive this information.
Agency contracts under the Sports Agent Responsibility and Trust Act must now be in writing. The previous language allowed 'an oral or written agreement' but was changed to require 'a written agreement.'
The NIL agreement database requirements were expanded to include not just agreements but also 'any other compensation provided or to be provided by an institution to a student athlete,' and the database must now include data from the annual revenue and student outcomes report. The limitation was also clarified to explicitly exclude Division II and III institutions that participate in a limited number of sports at the Division I level.
Five new sections were added to Title I: Section 125 (Protection of women's sports and Olympic sports), Section 126 (Mid-sized conference representation on governing boards), Section 127 (Title IX savings clause), Section 128 (Protecting opportunities for American student athletes), and Section 129 (Disclosure of foreign financing of intercollegiate athletics).
The endorsement contract term limitation (that contracts cannot extend beyond a student athlete's eligibility) was expanded to apply to all endorsement contracts, not just those between student athletes and institutions, intercollegiate athletic associations, conferences, associated entities, or collectives.
The definition of 'intercollegiate sport' was broadened by removing the word 'interstate' from 'interstate intercollegiate athletic association,' potentially bringing single-state athletic associations within the bill's coverage.
A new Title III was added establishing the HBCU Sports Media and Connectivity Program, including grants for improvement of broadband, technology, media, and sports broadcast infrastructure at HBCUs, with provisions for grant uses, coordination, reports and evaluation, definitions, and authorization of appropriations.
The attorney's fees provision for private right of action was changed from allowing fees 'to the prevailing party' to only allowing fees to the plaintiff (removing the two-way fee-shifting). This makes it easier for student athletes to bring claims without risk of paying the defendant's legal costs if they lose.
Former student athlete reinstatement rights were expanded: institutions must now offer either restoration of previously received grant-in-aid OR, for need-based aid, recalculation based on current financial need. The Division I limitation on this provision was removed, extending it to all divisions.
The case name referenced in the revenue share cap definition was corrected from 'In Re College Athlete NIL Legislation' to 'In Re College Athlete NIL Litigation.' Section 115's title was changed from 'Extension of the revenue share cap' to 'Congressional approval of continuation of revenue share cap and retention fund.'