Trump releases long-awaited executive order on college athletics. It's not the quick fix the White House promised

CNN

5 days ago

President Donald Trump on Thursday signed a long-anticipated executive order on college sports, an attempt to provide federal guidance to the wild world of big money that has transformed collegiate athletics in recent years.
The executive order signed by Trump said it is executive branch policy 'that third-party, pay-for-play payments to collegiate athletes are improper and should not be permitted by universities,' while it specifically allowing endorsement deals. It did not lay out a specific enforcement mechanism.
But those expecting the administration to suddenly provide the guardrails and rules that have been sorely lacking in college sports in recent years will likely come away disappointed.
The order aims to preserve and expand college sports, citing their unique place in American culture and how vital they are to American success in the Olympics. But it appears to fall short of what some in athletic departments around the country would have hoped: Clear federal guidance that would put an end to the chaos wrought by the name, image and likeness (NIL) deals that were deemed acceptable by the Supreme Court and the rampant transfers that have shaken college sports.
'It is the policy of my Administration that all college sports should be preserved and, where possible, expanded,' reads the order. 'My Administration will therefore provide the stability, fairness, and balance necessary to protect student-athletes, collegiate athletic scholarships and opportunities, and the special American institution of college sports. It is common sense that college sports are not, and should not be, professional sports, and my Administration will take action accordingly.'
While the White House's fact sheet stated the executive order 'saves college sports,' the language itself does not implement any immediate changes.
The order posits that athletic departments with more than $125 million in revenue during the last athletic season should provide more scholarship opportunities than in 2024-25 in non-revenue sports (sports that do not turn a profit and are typically subsidized with money earned from football and basketball) and provide the maximum number of roster spots permitted. Departments with more than $50 million in revenue during last year's athletic season should provide at least as many roster spots as last year and the maximum under the rules. Departments that made less than $50 million should not shrink scholarship opportunities or roster spots in non-revenue generating sports.
The order also states that any revenue sharing agreement worked out between athletes and schools should be done in a way that 'preserves or expands scholarships and collegiate athletic opportunities in women's and non-revenue sports.'
While the order also states that third-party, play-for-play payments to athletes should not be permitted, it notes that policy doesn't apply to payments that an athlete receives at a fair-market value from a separate party, such as a brand endorsement, according to the order.
The NCAA already modified rules to address some of the points spelled out in the order. On the third-party payments, the NCAA's Division I Board of Directors in April moved to create oversight of all NIL deals over $600 and rules around what to do if a NIL deal is 'determined not to have been made with the purpose of using a student-athlete's NIL to advance a valid business purpose and/or is determined to have been made outside a reasonable range of compensation.'
NCAA president Charlie Baker said in a statement that the organization appreciates Trump's order but Congress has to be the one that makes the most important changes.
'The NCAA is making positive changes for student-athletes and confronting many challenges facing college sports by mandating health and wellness benefits and guaranteeing scholarships, but there are some threats to college sports that federal legislation can effectively address and the Association is advocating with student-athletes and their schools for a bipartisan solution with Congress and the Administration,' Baker's statement reads.
'The Association appreciates the Trump Administration's focus on the life-changing opportunities college sports provides millions of young people and we look forward to working with student-athletes, a bipartisan coalition in Congress and the Trump Administration to enhance college sports for years to come.'
While the order sets out the administration's policies, it does not have any enforcement mechanism. It also uses the word 'should' 10 times – binding federal laws and executive orders with enforcement mechanisms typically use the word 'shall.'
Republican Reps. Brett Guthrie of Kentucky, Tim Walberg of Michigan and Jim Jordan of Ohio – the chairs of the Energy and Commerce committee, Education and Workforce committee and Judiciary Committee respectively – thanked Trump for the order but urged their colleagues to pass a law enshinring changes.
'We thank President Trump for his commitment to supporting student-athletes and strengthening college athletics in the NIL era. The SCORE Act, led by our three committees, will complement the President's executive order, and we look forward to working with all of our colleagues in Congress to build a stronger and more durable college sports environment,' the statement read.
Where the text does lay out specific orders, it calls on administration officials to develop plans for implementation. Within 30 days, Education Secretary Linda McMahon – in consultation with Attorney General Pam Bondi, Secretary of Health and Human Services Robert F. Kennedy Jr. and Federal Trade Commission Chairman Andrew Ferguson – 'shall develop a plan to advance the policies' set forth in the order 'through all available and appropriate regulatory, enforcement, and litigation mechanisms.'
Secretary of Labor Lori Chavez-DeRemer and the National Labor Relations Board are ordered to 'determine and implement the appropriate measures with respect to clarifying the status of collegiate athletes, including through guidance, rules, or other appropriate actions, that will maximize the educational benefits and opportunities provided by higher education institutions through athletics.'
The order also directs Bondi and Ferguson to work on a report within 60 days on how best to protect college athletics from antitrust lawsuits.