COMMENTARY: External Pressure Mounts to “Say NO” to the Protect College Sports Act

From The Drake Group: The United States Senate will consider S.4668, the Protect College Sports Act of 2026, this week (possibly as early as tomorrow); if you agree, please call your senator now and ask them to oppose the bill. See the simple “HOW TO” below if you’ve never done this before.

Several reasons why the bill should be opposed:

  • Economically Unsustainable – authorizes $48 million per year in new ANNUAL expenditures by NCAA Division I schools that only 10-15 Power 4 institutions can afford, giving them long-term competitive dominance in football and men’s basketball. “There Are 363 Division I Institutions. Federal Law Should Not Be Written for the Wealthiest 10 to 15.”
  • Caps Financial Assistance to Athletes and Not Their Coaches – would prevent athletes from suing schools for violation of antitrust laws that currently prohibit this practice.
  • Restricts Athlete Transfers and Waivers of Eligibility Rules Due to Extenuating Circumstances – instead of appointing an independent committee of medical, mental health, and student affairs professionals to make these critical decisions.
  • Not Sufficient Time to Analyze Last-Minute Amendments – No fewer than 36 amendments have been formally filed to fix the bill before a floor vote, and “The Drake Group has proposed 20 more that have not been filed to date.” Patching up the bill piecemeal will not remedy its larger fiscal flaws and omissions.
  • Ignores Athlete Organization Requests to Directly Confront the Issues of Athlete Employment and Collective Bargaining – and instead relegates athletes’ voices to limited representation on NCAA committees.
  • Fails to Specify That All Cash Payments from an Institution are Financial Assistance Under Title IX – implicitly endorsing the vast majority of new payments going to football and men’s basketball.
  • New Spending Pressures with No Restraint on Expenditures Have Consequences – The pressure to finance this escalating athletics arms race is likely to fall upon: Institutional subsidies drawn from broader university resources; Students through fees and increased costs; Donors already experiencing fundraising fatigue; Taxpayers supporting public institutions; Commercialization through increased advertising and sponsorships; Private investment interests seeking returns from tax-subsidized athletics enterprises; and Cuts in women’s sports and non-revenue Olympic sports when revenues fail to keep pace.

FROM Matt Brown at Extra Points:

Good morning, and thanks for spending part of your day with Extra Points.
It might happen later today, or in a day or two. But the industry expectation right now is that sometime soon, the Protect College Sports Act will get a final floor vote in the United States Senate and will pass with a comfortable margin, probably more than 70 votes.
What will happen next is unclear. As of this second, the House is not scheduled to vote on anything until after the midterm elections in November. Some proponents of the PCSA are cautiously optimistic they can get the House to come back and pass the bill sometime next month. Whether the large Senate margin will be enough to shepherd a controversial bill through a deeply divided House is an unsettled question.
My best and most educated guess is that the bill won’t get a House vote until after the midterms, and a litany of factors unrelated to college sports will ultimately determine how and when a vote finally happens.
So I can’t tell you, on September 22, whether I think the PCSA actually will become federal law.
But I can tell you I don’t think it should.
I think some parts of the bill are positive ideas. And unlike many of my peers, I’m not against Congress stepping in and providing clarity on some of the major issues in college sports governance. I don’t believe current college sports leadership has the legal authority to “fix things themselves.”
But even though lawmakers and staffers I respect from both parties were involved with this bill, and even though I think it was largely crafted with good intentions … I can’t get behind it now. It doesn’t do the things its supporters say it will do. It doesn’t address the biggest long-term problems facing the industry’s infrastructure. And it takes away potential economic opportunities from a group of folks who had no real say in the matter, a trend that should concern anybody who believes in capitalism.
I understand that many of my readers may disagree with those conclusions. Here’s where I’m coming from:

The PCSA does not meaningfully address the financial sustainability problem of college sports

Earlier this month, Sen. Maria Cantwell’s (D-Washington) staff compiled a report on trends in college sports spending, titled “UNSUSTAINABLE GROWTH IN SPENDING FOR SPORTS AMPLIFIES BROADER FINANCIAL PRESSURE ON COLLEGES AND UNIVERSITIES.” It showed examples of countless schools spending more money than they took in, and the pressure to keep spending threatened not only other Olympic sports on campus, but also academic programming and taxpayers’ interests.
We can quibble with some of the methodology if we want, but I do think this report is at least directionally accurate. Across Division I, spending is going up, more schools are relying on student fees to pay for athletic department spending, and debt is reaching troubling levels. I believe all of that in the report is true.
The fact that athletic departments can pay athletes directly under the House settlement terms is often cited as a major reason for the spending spikes. After all, at a Power 4 institution, House payments are a $20 million-plus line item that didn’t exist in 2022. That money has to come from somewhere.
But is that the only source of spending increases? Or even the most important? Of course not. From the report:
From 2005-2023, schools saw recruiting costs rise 322%, sports equipment nearly 300%, medical and gameday expenses around 250%, and travel more than 200%. Coaching salaries increased a whopping 370% over the same time period.
None of that has anything to do with paying athletes directly! Those cost increases predate House, Alston, COVID, NIL, and all other industry-shaking events of the past several years. The college sports spending problem clearly exists independently of direct athlete payments.

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