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Sports Betting

Senate Advances a College Sports Bill That Treats Event Contracts as Wagering

Antonina TupikovaBy Antonina Tupikova · Founder, iGaming Times3 min read

The Protect College Sports Act cleared cloture 74-24 the same afternoon the CLARITY Act died. Buried in the committee-reported text is a line that lets conferences bench a student athlete for "sports wagering activities or sports-related event contracts", the first federal bill we have seen headed for a floor vote that puts the two in the same sentence.

  • The Senate voted 74-24 on 15 September to invoke cloture on the motion to proceed to S. 4668, the Protect College Sports Act of 2026, according to the Senate's roll-call record (vote 235); Gambling News reported the tally as 72-24 in its headline and 74-24 in its text
  • The bill from Commerce chairman Ted Cruz and ranking member Maria Cantwell would create a federal name, image and likeness right, cap agent fees at 5%, guarantee scholarships for ten years after eligibility and require Division I medical coverage; it has not passed the Senate and would still need the House
  • Section 113 of the reported text allows an athletic association or conference to restrict an athlete's eligibility if the athlete "participated in sports wagering activities or sports-related event contracts"; the introduced version said only "sports wagering activities"
  • The clause gives college sports' governing bodies express federal cover to treat a Kalshi or Polymarket position the same as a bet with a sportsbook, a day before the Ninth Circuit called such contracts gaming and a day after the five professional leagues asked 35 states for lifetime bans on abusive bettors
  • The bill contains no provision on betting markets themselves, no restriction on player prop bets and nothing on bettor harassment of athletes, the issue the NCAA has pressed Congress on since 2024

A Procedural Vote With a Line the Industry Will Read Twice

The United States Senate voted on Monday, 15 September, to invoke cloture on the motion to proceed to S. 4668, the Protect College Sports Act of 2026, by 74 votes to 24, the Senate's roll-call record shows. The vote came about two hours before the same chamber rejected cloture on the CLARITY Act by 49 to 50. It allows the Senate to take up the bill, which was introduced on 2 June by Commerce Committee chairman Ted Cruz, a Texas Republican, with ranking member Maria Cantwell, a Washington Democrat, and reported from committee as Calendar No. 449; it is not final passage, and further Senate votes and the House would follow.

The bill's substance is college athletics. It would create a federal name, image and likeness right for student athletes, replacing state-by-state rules, set the terms for NIL contracts and agents with a proposed 5% cap on agent fees, guarantee scholarships for ten years after an athlete's eligibility ends, require Division I schools to provide medical coverage, and give schools and conferences a limited antitrust exemption to pool and sell media rights, according to Gambling News's account of the text and the Senate debate. "This bill brings order to college sports," Cantwell said on the floor, adding that it recognises athletes should receive revenue sharing and creates a commission to examine the future of the system, including the possibility of collective bargaining.

For this industry the relevant text is shorter. Section 113 of the reported bill, on eligibility, provides that "an intercollegiate athletic association or a conference may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete (A) used an illegal or performance enhancing drug; or (B) participated in sports wagering activities or sports-related event contracts". The version introduced in June referred only to "sports wagering activities"; the words "or sports-related event contracts" were added in committee, as the struck-through and replacement text on the reported bill shows.

What the Bill Does Not Do

Nothing in S. 4668 regulates betting markets, restricts wagers on college games or individual athletes, or addresses bettor harassment of players. The NCAA has asked states to ban player prop bets on college athletes since 2024, and the professional leagues' memo to state regulators this week, which covers amateur athletes, was sent without the NCAA as a signatory. The bill's gambling content is confined to what a conference may do to its own athletes.

Congress Has Just Defined a Sports Contract as a Bet, Without Meaning To Decide Anything

The Senate declined on Monday to legislate on prediction markets in the CLARITY Act, and two hours earlier had advanced a bill whose text treats a "sports-related event contract" as the equivalent of a sports wager for the purpose of benching an athlete. The clause decides nothing about jurisdiction: it does not say the contracts are gambling under federal law, it says a conference may punish an athlete for trading them. But it is the first bill we have seen reported to the Senate floor with event contracts and sports wagering in the same disjunctive, and the words were added in committee, which means someone asked for it. The exchanges' entire legal position is that their products are not bets. A statute that lets the NCAA treat them as bets for eligibility is a small, precise concession to the other view.

The Integrity Rule Is Aimed at Athletes, and the Exchanges Are the Reason It Needed Updating

College sports' betting rules have always prohibited athletes from wagering on sports. What changed is that a 19-year-old on a Big Ten roster can now legally, under federal commodities regulation, take a position on whether his own team covers, without touching a sportsbook and without breaking a state law. The Ninth Circuit confronted the same gap on Wednesday and held that IGRA reaches contracts the CEA also covers. The committee's amendment is the same instinct expressed as a conduct rule: whatever the CFTC thinks the product is, the conference may treat an athlete who trades it as an athlete who bet. That is the only tool a governing body has when the market is beyond its regulator's reach, and Congress has just told it, in a bill with 74 votes, that it may use it.

Harassment, Props and the Rest Are Still Nobody's Bill

The leagues wrote to 35 states this week because there is no federal vehicle for the bettor-harassment problem, and S. 4668 confirms it: a 74-vote college sports bill with an integrity clause, a whistleblower clause and a student-athlete ombudsman says nothing about the people threatening the students. The NCAA's prop-bet campaign is likewise absent. The bill fixes what colleges can do to their athletes over gambling. What bettors do to athletes, and what markets may offer on them, remains a state-by-state question, and after this week it is one that the courts are answering faster than Congress.

The Senate has advanced a bill that names event contracts as something an athlete can be benched for. It has declined, the same day, to say what they are for anyone else.

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