The Protect College Sports Act (PCSA), as passed by the Senate, was amended significantly after our last LawFlash regarding this legislation. Following that update, Chairman Cruz, Ranking Member Cantwell, and other senators continued negotiations with the NCAA, key athletic conferences (particularly the SEC and Big Ten), individual institutions, student-athlete representatives, and other stakeholders in an effort to secure the 60 votes needed to advance the legislation in the Senate.
CHANGES MADE SINCE COMMITTEE MARKUP
Those negotiations, with updated text released in August and September, produced a series of changes to the bill after the June 18 Commerce Committee markup, including the following:
- Tightened the name, image, and likeness (NIL) and athlete-compensation framework established under the House settlement by creating a new $22.5 million annual retention fund, adopting the settlement’s definition of “Associated Entity,” ensuring that compensation from associated entities counts toward the revenue-sharing cap, and adding certification and transparency requirements for certain NIL counterparties to reduce opportunities for cap circumvention.
- Expanded protections for women’s, Olympic, and para sports, including requirements intended to preserve roster and grant-in-aid opportunities. The revised bill also permits institutions to increase retention-fund spending from $22.5 million to as much as $27.5 million, with the additional spending unlocked dollar-for-dollar by qualifying NIL spending on women’s and Olympic sports.
- Reworked recruiting, transfer, and conference-realignment rules, including additional tools to address tampering and improper recruitment, protections for conference movement and expansion, and restrictions intended to prevent the formation of a “super league.” Before floor consideration, the bill generally limited covered power conferences to 19 institutions; as discussed below, the Senate later increased that limit to 20.
- Narrowed and clarified the bill’s preemption and litigation provisions, limiting federal preemption to specified state-law subjects involving student status, academics, professional status, and years of eligibility, while generally preserving pending cases and certain claims for damages arising from past conduct.
When the Senate took up the PCSA for final floor consideration on September 28, it adopted three additional amendments before final passage:
- Baldwin (D-WI) amendment (S. Amdt. 6828): Further limited the PCSA’s preemptive effect by preserving state-law causes of action for specified personal-injury and related claims, including claims involving allegedly inadequate health or safety measures. The Senate adopted the amendment 96-1.
- Scott (R-SC) amendment (S. Amdt. 6830): Added a foreign-financing disclosure regime for intercollegiate athletics, requiring colleges, conferences, and athletic associations to disclose to the relevant intercollegiate athletic association amounts over $600 received from a foreign adversary, state-owned enterprise, or sovereign wealth fund. The Senate adopted the amendment by voice vote.
- Moody (R-FL)/Blumenthal (D-CT) amendment (S. Amdt. 6831): Modified the bill’s conference merger and acquisition restrictions by increasing from 19 to 20 the maximum number of institutions permitted in a covered power conference. The Senate adopted the amendment by voice vote.
WHAT COMES NEXT?
The PCSA will now ride the bench until the House of Representatives returns for its post-election lame duck session, currently scheduled to begin on November 9.
The bill’s path through the House is far from certain. House leaders will have a compressed year-end calendar and several competing priorities, most notably fiscal year 2027 appropriations before the current continuing resolution expires on December 11 as well as completion of the annual National Defense Authorization Act and potentially a bipartisan permitting-reform package. Each of those matters could consume substantial floor time during the limited period between the midterm elections and end of the 119th Congress.
Further, the substance of the House debate remains uncertain. Concerns about the bill cross party lines: some Republicans have questioned provisions addressing antitrust protections and athlete employment status, while the Congressional Black Caucus, the AFL-CIO, the NAACP, and other groups have opposed the legislation based on concerns about athlete representation, legal rights, and compensation. Those disagreements could impact efforts to move the Senate-passed bill through the House without changes.
Attendance could add another layer of uncertainty. Dozens of current House members are already slated to leave the chamber due to retirements, resignations, or primary defeats, and departing members have missed substantial numbers of votes during this Congress. In a closely divided House, even a relatively small number of absences could affect leadership’s ability to assemble a majority for legislation that remains contested by members of both parties.
Finally, the timing of the House’s consideration could overlap with the end of the college football season, conference championship games, and the College Football Playoff selection process. Any new controversies arising during that period could draw additional attention to issues addressed by the legislation and further complicate efforts to enact the PCSA before the 119th Congress ends on January 3, 2027.
