Protect College Sports Act of 2026

Enumerated powers · passes · severity: minor

Regulation of interstate telecasting rights and a limited antitrust exemption fall within Article I, Section 8, Clause 3 to regulate commerce among the several states, and codification of aspects of the House settlement affecting a national market for college sports is at least colorably economic. Authority is weaker for purely internal governance such as coaching-movement timing and single-transfer eligibility, which stretches the Commerce Clause and implicates the Tenth Amendment, but the core subjects are interstate commerce and antitrust, which are federal domains.

Bill of Rights · passes · severity: minor

No provision directly prohibits speech, religion, press, assembly or petition under the First Amendment, disarms individuals under the Second Amendment, or authorizes searches under the Fourth Amendment. The $600 NIL reporting duty to the school and the limits on revenue-circumvention are conditions on participation in an interstate athletic program, not a compelled confession under the Fifth Amendment and not a criminal penalty under the Sixth through Eighth Amendments. Commercial disclosure of compensation above $600 is a minimal burden with a stated anti-circumvention purpose.

Individual liberty · raises concerns · severity: significant

The 5% cap on agent endorsement fees, the permanent cap on direct revenue sharing, the restriction on football personnel changing head-coaching jobs in-season, and limits on transfer-related eligibility restrict contract, labor mobility, and use of personal name, image and likeness. Government bears the burden to justify such restraints on private bargaining and occupation. Disclosure of NIL deals above $600 alone is modest, but price-fixing of private representation fees and federal limits on where and when a person may work lack a compelling constitutional justification tied to protecting others from harm.

Decentralization · raises concerns · severity: significant

NIL contracting, agent selection, and eligibility and transfer rules have historically been handled by individuals, schools, conferences, and states, with many states already enacting NIL statutes. A permanent federal revenue-share cap with inflation adjustment and a 75% Football Bowl Subdivision joint telecast scheme move standard-setting from states and private associations to Congress, contrary to the Tenth Amendment reservation of non-delegated powers to the states or the people.

Due process and takings · passes · severity: minor

The bill does not authorize seizure of property, fines, or confinement without notice and hearing under Article III, Section 2 and the Fifth Amendment due process guarantee, nor does it transfer private property to public use requiring just compensation under the Fifth Amendment Takings Clause. Agent fee cap and revenue-share limits regulate future contract terms prospectively rather than confiscating vested property, though retroactive application to settled expectations would raise substantive due process concerns.