The Drake Group previously posted its initial analysis and report on the original release of the Protect College Sports Act of 2026. Since then, the bill has been amended, and the U.S. Senate Committee on Commerce, Science, & Transportation has approved the bill and sent it to the full Senate for a vote. That vote has yet to be scheduled but is anticipated in mid- to late July. The links below provide our June 29 updated analysis and recommendations on the June 18th amended bill, along with a page-numbered copy of the bill to make it easier to follow our proposed amendments.
In our meetings with Senate staff, we have emphasized the need to address the following deficiencies:
1. There is a need for a “rule of construction” clearly stating that nothing in the bill modifies Title IX.
2. NIL and revenue share compensation data to college athletes must be transparent and disaggregated by sport.
3. The provisions mandating 2024-25-level provision of financial assistance must go beyond grants-in-aid. Other important forms of financial assistance, such as summer school aid, special assistance funds, academic awards, and summer training expenses that were received by women and Olympic athletes in 2024-25, must be continued.
4. There must be a provision for waivers of the new 5-year eligibility limit for athletic injuries or medical conditions. To do otherwise discourages reporting or seeking treatment for athletic injuries or medical or mental health conditions and incentivizes premature return to play.
5. Athletes should not be forced to arbitrate instead of pursuing legal claims, but should be given the opportunity to choose arbitration without requiring the institution’s approval of that choice. Arbitration is a cheaper and faster way to resolve disputes. If the institution is required to approve, it can force the athlete into expensive litigation, creating a major chilling effect on efforts to reach a resolution.
6. If an athlete loses a court case, reasonable attorney’s fees and litigation costs may be awarded against the student only if the student’s claim was frivolous, unreasonable, or without foundation. Otherwise, the possibility of such costs serves as a deterrent to future student lawsuits. Institutions rarely worry about paying damages or such costs when they lose because they are fully covered by insurance, unlike students.
7. The bill offers no incentives to do more than maintain the minimum 2024-25 support for women’s and non-revenue Olympic sports. There should be a category for distributing broadcast revenues that rewards schools sponsoring sports beyond the minimum required for Division I membership.
