The Protect College Sports Act: Preserving College Athletics

The Protect College Sports Act: Preserving College Athletics

College sports face challenges as many federal and state lawsuits question NCAA rules. For over a century, the U.S. has enjoyed a unique system of athletic competition between college students. Congressional action is needed through the proposed Protect College Sports Act to preserve this system. This bill aims to protect the commercial-educational model in college sports, distinct from the commercial-professional model of pro leagues.

Pro leagues, like the NBA or NFL, consist of privately-owned, for-profit teams with unionized players. Conversely, the NCAA has over 1,000 nonprofit member institutions. These colleges offer diverse levels of athletic competition and resources across 24 sports, generating numerous championships. NCAA athletes must balance academics as full-time students while participating in athletics, unlike professional athletes. The 2024-25 period saw around 20,000 teams providing 554,298 opportunities for student-athletes. Only Division I men’s basketball and FBS football generate revenue exceeding costs, subsidizing other sports.

Less than 3% of NCAA departments report profits, primarily in Division I Power Four conference schools. After graduation, fewer than 2% of NCAA athletes turn professional. Since 1906, over 5 million students have gained degrees through sports. Student-athlete graduation rates are usually higher, though frequent transfers might decrease them. The Protect College Sports Act limits eligibility to those under 25, meeting academic standards, and prevents more than one school transfer without eligibility loss.

The act ensures educational protections, preventing scholarship revocation for performance reasons. It upholds student rights, allowing them to choose their courses freely. Division I schools must offer financial support to former athletes for ten years post-eligibility, matching past scholarship values.

A nationally uniform law permits student-athletes to earn from their Name, Image, and Likeness. By preempting over 30 conflicting state laws, it simplifies compensation rules. Disclosures over $600 are required, with fair value caps on endorsements. Furthermore, NCAA enforcement of these rules gains antitrust immunity.

From July 2025, NCAA Division I athletes might receive direct payments from schools, starting at $20.5 million per school and rising annually to $32.9 million by 2034-35. The act sets revenue sharing caps and allows for additional funding to retain athletes and support non-revenue sports.

To promote competitive balance, the Protect College Sports Act establishes uniform eligibility and compensation standards. It enforces prohibitions on gambling and doping, with governance aligning with educational and public interests. Enacting this law would end uncertainty from state laws and provide stability in college sports. Congress should pass the Protect College Sports Act to secure the future of collegiate athletics.

Matthew Mitten is a professor of law and senior advisor at Marquette University Law School’s National Sports Law Institute.

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