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Trump EO threatens federal funding consequences for NCAA violations

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“Look what happened with NIL. They destroyed college sports, the court system destroyed … You know, we had 150 years of rulings and everything else, and they had such a great system with the scholarship system … And it took care of every sport, fencing, not only football. Now it's all football, and the football is bringing down colleges because they're losing [money] … college sports is a disaster right now. You have many people staying in college because they're going to make more money than [if they turned pro] … We have a seven-year freshman. It's crazy what they've done.”

- President Trump on CNBC, April 21, 2026.

On April 3, 2026, President Trump signed an executive order entitled “Urgent National Action to Save College Sports” (the “Order”).1 The Order is the administration’s second executive action directed at college athletics in less than a year, following the July 2025 executive order titled “Saving College Sports,” which instructed federal agencies to develop policy guidance but has resulted in limited tangible regulatory action to date.2 The new Order is more prescriptive and potentially more coercive. It directs the NCAA to update its rules across several legally-contested areas—including eligibility limits, transfer restrictions, and permissible forms of student-athlete compensation—and, most importantly, threatens federal grant and contract eligibility as a primary enforcement mechanism for non-compliance with such rules. The operative provisions of the Order take effect on August 1, 2026.

The Order reflects continued focus by federal policymakers to persistent regulatory uncertainty facing college sports and arrives on the heels of a March 6, 2026 White House roundtable with industry leaders, the Trump Administration’s formation of several college sports committees, and amid ongoing debate over the SCORE Act in Congress. Although the Order may be best understood as a policy statement intended to spur legislative action in Congress, and although many commentators have questioned its practical impact and enforceability, institutions should not disregard the Order’s compliance and enforcement implications. The Trump Administration has demonstrated a willingness to use federal funding as a tool for forcing change in the higher-education context, and the Order’s directive to contracting and grantmaking agencies to evaluate compliance with NCAA and College Sports Commission (“CSC”) rules adds a new vector of risk for athletics departments. Institutions should prepare for compliance while monitoring legal and political developments closely.

Key provisions

The Order contains multiple directives aimed at changing NCAA rules governing student-athlete eligibility, transfer restrictions, and NIL agreements, as well as directing the Department of Justice and Federal Trade Commission to seek legal action invalidating state NIL laws that conflict with NCAA rules and federal law.

However, one of the most consequential provisions of the Order is its threat to federal funding eligibility for institutions that violate NCAA rules. Specifically, the Order directs federal agencies that contract with or provide grants to higher education institutions to evaluate violations of applicable NCAA rules—particularly those concerning eligibility limits, transfers, revenue-sharing, and NIL deals—to determine whether violations of such rules render an institution unfit for federal grants or contracts3. Notably, the Order limits its application to institutions generating at least $20 million in annual intercollegiate athletics revenue.4 The Order tasks the Office of Management and Budget, in consultation with the General Services Administration, with issuing compliance guidance and reinforcing the suspension and debarment framework with respect to such violations.5 In support of this effort, the Order also directs the General Services Administration and the Department of Education to increase data collection across college athletics.6 In other words, the idea seems to be, regardless of what enforcement actions the NCAA or CSC seek to take, Uncle Sam may force compliance.

Takeaways for institutions

Much of the public discourse surrounding the Order has focused on potential legal challenges—President Trump himself acknowledged at the White House roundtable that any executive action on college sports would likely trigger litigation—particularly with respect to constitutional challenges as well as enforcement of the Order’s directives that appear to conflict with federal court orders and judicial settlements.7 However, as we see it, the Order demands attention on at least two fronts.

  1. It is a good time to evaluate and improve NIL and athletics compliance programs and make needed improvements. The Order represents a significant escalation from the July 2025 executive order, moving beyond general policy directives to agency heads and establishes specific compliance expectations tied to federal funding eligibility. The linkage between athletics-related rule violations and an institution’s fitness for federal grants and contracts introduces a dimension of risk that extends well beyond the athletic department and implicates an institution’s broader research and educational mission. Just the launch of a Federal investigation often presents significant legal and public relations risks, and consumes valuable institutional resources. Institutions should therefore begin assessing compliance exposure, including through their NIL governance frameworks, and prepare for potential enhanced federal reporting obligations. Given the administration’s demonstrated willingness to leverage federal funding as a compliance tool, institutions should take the August 1, 2026 effective date seriously to avoid being caught without adequate documentation or governance structures if enforcement guidance materializes on schedule.
  2. Institutions should at a minimum monitor and consider engaging in legislative efforts – the President seems focused on finding a solution, such that if Congress acts, there could be a path to stability. Institutions should also carefully monitor the Order’s impact on the ongoing policy debates on Capitol Hill. The Order explicitly calls on Congress to pass legislation aimed at stabilizing the college sports industry and effectively lays out the policy preferences of a President who holds significant sway over the Republican Party. The Order and the previous July 2025 Executive Order are largely consistent with the Republican-backed SCORE Act, which codifies key provisions of the House settlement into federal law, provides a limited antitrust exemption for the NCAA and conferences, preempts state NIL laws, and states that student-athletes are not employees. At base, the Order, along with the March White House roundtable and the Trump administration’s formation of several committees on college sports, should be understood as an effort to focus attention on the instability facing college athletics and move debate forward on the Hill. Indeed, in the wake of the Order, NCAA President Charlie Baker and the commissioners of the four power conferences all issued statements thanking President Trump for his administration’s attention to the issues and noting their support of the SCORE Act. The time may be right to act.

 

Authored by Michael Bell, Aaron Cutler, Joel Buckman, Jimmy McEntee, and Evan Guimond.

References

  1. The White House, Executive Order, “Urgent National Action to Save College Sports,” April 3, 2026.
  2. The White House, Executive Order, “Saving College Sports,” July 24, 2025.
  3. Order, Section 4(a)(i).
  4. Order, Section 3(c).
  5. Order, Section 4(a)(ii).
  6. Order, Section 4(c) and (d).
  7. See, e.g., Ohio et al. v. National Collegiate Athletic Association (NCAA), No. 1:23-cv-00100 (N.D. W.Va. Dec. 7, 2023); Tennessee v. National Collegiate Athletic Association, No. 3:24-cv-33-DCLC-DCP (E.D. Tenn. March 17, 2025).

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