College sports face significant challenges. The American system of athletic competition between student athletes, which has thrived for over a century, now confronts hundreds of lawsuits against NCAA rules. Congress needs to pass the Protect College Sports Act to maintain the current commercial-educational model, distinct from the professional sports model.
Professional sports leagues include privately owned clubs with unionized employees, such as the NBA and NFL. In contrast, the NCAA comprises 1,075 nonprofit colleges and universities across three divisions, offering varied levels of athletic competition. NCAA schools host 24 sports and over 90 national championships for men, women, and coed teams.
NCAA athletes are students who meet academic requirements to compete. In the 2024-25 period, NCAA schools had about 20,000 teams, providing opportunities for over 554,000 student athletes. Historically, only Division I men’s basketball and FBS football generate surplus revenue, supporting other sports, including women’s and Olympic sports. Fewer than 3% of NCAA athletic departments have revenues exceeding expenses, all within Division I FBS Power Four schools. Post-college, under 2% of NCAA athletes turn professional.
Since 1906, more than 5 million men and women have competed in intercollegiate sports, facilitating their academic success. However, frequent school transfers could affect graduation rates. The Protect College Sports Act aims to preserve the college sports model by allowing only academically qualified “student athletes” to compete for up to five years, mostly under age 24.
The Act will help maintain graduation rates by limiting transfers without penalty. It safeguards educational choices from athletic department influence and ensures scholarship security regardless of performance or injury. Violations can lead to private legal action. Moreover, it mandates financial support for former student-athletes for a decade after eligibility expires.
A nationally uniform law under this Act enables athletes to earn from their Name, Image, and Likeness (NIL) rights, superseding varied state laws. It requires disclosure of NIL compensation over $600 annually and restricts excessive “pay-for-play” agreements, granting antitrust immunity for compliance enforcement.
Starting in 2025, Division I athletes may receive personalized payments up to $20.5 million per school a year, increasing yearly to $32.9 million by 2035. The Act endorses the revenue sharing cap and its enforcement, allowing universities to exceed the cap for athlete retention and support non-revenue sports.
By promoting competitive balance and enforcing integrity in areas like sports gambling and doping, the Act aligns intercollegiate athletics governance with educational and national interests. To prevent instability from conflicting laws and judicial intervention, Congress should enact the Protect College Sports Act.
Matthew Mitten is a law professor and senior advisor at Marquette University’s National Sports Law Institute.
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