The Protect College Sports Act (PCSA) is a bipartisan bill, led by Senators Ted Cruz (R-TX) and Maria Cantwell (D-WA), that aims to deliver stability to college athletics.[1] On September 17, 2026, the Senate voted 77-22 to proceed to consideration of the PCSA, and the bill now awaits further consideration and a final Senate vote.[2] Although it seems unlikely that the PCSA will make it through the House of Representatives before Congress closes on January 3, 2027, several provisions offer a useful framework for the future regulation of college athletics.[3]
The PCSA establishes requirements for name, image, and likeness (NIL) agreements, but more specifically, it places new restrictions on agents and the manner in which they represent student-athletes.[4] Agents would now be required to register with their respective states, and their endorsement contract fees would be capped at 5%.[5] This provision is significant because, as it currently stands, the only federal law that governs collegiate athletes and their agents is the Sports Agent Responsibility and Trust Act (SPARTA).[6] Enacted in 2004, SPARTA prohibits certain conduct between sports agents and student-athletes in an attempt to rein in the predatory practices of agents,[7] a framework the PCSA seeks to modernize for the NIL era.
The PCSA amends and expands SPARTA, turning it into a more comprehensive system for regulating student-athlete representation:
Agent Registration
Under SPARTA, there is no federal registration requirement for agents of student-athletes.[8] The absence of such is increasingly significant as the NIL market continues to expand. In July and August alone, the College Sports Commission (CSC) cleared more than $227 million in NIL deals.[9] Although many states impose their own registration requirements, SPARTA provides no such federal assurance. This lack of uniformity can leave student-athletes vulnerable to unqualified or dishonest representation, which is especially problematic when 18-year-old athletes are negotiating for NIL agreements worth millions of dollars. Similar to agent registration systems used in professional sports, the PCSA makes registration a prerequisite for representing college athletes.
Agent Fees and Agreements
Through that same lens, SPARTA contains no federal cap on an agent’s commission for endorsement contracts or on the duration of an agency agreement.[10] In the NIL era, this can expose student-athletes to excessive fees and long-term contractual commitments that carry into their professional career. The PCSA addresses these concerns by capping agent fees for endorsement contracts at 5% and prohibiting agency agreements from extending beyond an athlete’s remaining college eligibility. This reflects the approach taken by professional sports unions (such as the NFLPA, MLBPA, NBAPA, and NHLPA) and would provide college athletes with similar protections. These athletes are younger, less educated, and less experienced than their professional counterparts, even though the financial stakes can be just as high. Therefore, as the NIL market and collegiate sports continues to expand, uniform agent protections for student-athletes are essential.
Athlete Cause of Action
Additionally, the PCSA allows for current and former athletes to enforce these protections through a private right of action, something SPARTA does not expressly provide.[11] Although student-athletes may pursue remedies under state law, the PCSA would provide a direct federal avenue to hold agents accountable and enforce their rights surrounding registration, fees, and agreements.
While the future of college sports is uncertain, one thing is clear: agents representing student-athletes in the NIL era should be subject to the same, if not a heightened, level of regulation as agents representing professional athletes. Whether it’s through congressional action or the NCAA itself, agent regulation is a timely and necessary next step toward ensuring the meaningful oversight of collegiate sports.
[1] https://www.ncaa.org/protect-college-sports-act/.
[2] Committee Releases Updated Protect College Sports Act Bill Text.
[3] Despite Senate Success, College Sports Bill Faces Uphill Battle in the House.
[4] S.4668 – Protect College Sports Act of 2026 119th Congress (2025-2026).
[5] Id.
[6] Sports Agent Responsibility and Trust Act | Federal Trade Commission.
[7] “It makes it unlawful for an agent to directly or indirectly recruit a student-athlete by giving any false or misleading information, making a false promise or representation, or providing anything of value to a student-athlete, or anyone.” Id.
[8] 15 U.S.C. § 7802.
[9] CSC clears $227M+ in NIL deals in July, August in major increase – ESPN.
[10] 15 U.S.C. § 7802.
[11] Id.