With just two weeks remaining until Congress returns from recess and a renewed push for passage of the Protect College Sports Act is set to begin, officials from both Clemson and North Carolina are actively working with local legislators in an effort to get the bill across the finish line while pushing for a change to a section of the law that would require schools that change conferences to spend three years as an independent.
Clemson and North Carolina, two schools that have been portrayed as potential impediments to the passage of the PCSA, insisted in separate conversations with ESPN that they are "not seeking to delay or derail" the bill, according to Clemson AD Graham Neff. However, they want to ensure schools have "the ability to adapt, compete and succeed" in a rapidly changing environment for college sports by tweaking the language in Section 205, which relates to conference affiliation.
"We're working with our representatives to help them understand why the bill is so important for the industry, but why the narrow issue of the expansion provision is not necessary," Neff told ESPN. "We don't believe Section 205 is critical to achieving the important protections that the rest of the bill provides. We think institutions should be able to decide how to strategically position their departments for long-term success."
Neff pointed to "priority principles" in the bill, including eligibility standards, transfer regulation and the ability for institutions to share more revenue directly with student-athletes, as critical steps to ensure the future of college athletics, and said he wanted to see the bill pass, but believed the language surrounding the independence requirement was not necessary to achieve those goals.
Last week, Miami president Joe Echevarria pushed back on Section 205 with strong language in an interview with Yahoo, saying he did not want to have the bill "lock us into a conference" and suggested Miami was open to going independent if it must and suggesting the ACC was cast as a "second tier" in the college sports hierarchy.
Clemson, North Carolina, Florida State and Miami are widely seen as the four schools most attractive to the SEC or Big Ten should they choose to expand in the coming years, and the economics of the ACC's less lucrative TV deals and the rapidly growing cost of talent acquisition have made realignment conversations necessary. Clemson and Florida State separately sued the ACC in 2024, ultimately settling with the conference last year to clarify reduced exit fees for all league members should they opt to leave. The ACC generated $826 million from media rights distributions in the 2024-25 fiscal year, according to tax documents, compared with $1.47 billion for the Big Ten and $1.11 billion for the SEC. The ACC's current agreement with ESPN runs through 2036, while those of the Big Ten and SEC expire sooner.
UNC athletics director Steve Newmark said the Tar Heels' and Clemson's opposition to the independence clause shouldn't be seen as a desire for an exit from the ACC, but rather to retain the structure already in place within the league, particularly in an economic environment that has evolved quickly in recent years.
"We appreciate the bill attempting to tackle many of the key issues impacting college sports today," Newmark told ESPN. "We wholeheartedly agree on the need to implement a uniform and national standard to bring a measure of stability and clarity to collegiate athletics. What we've not received clarity on is the purpose of the independence clause, particularly with the existing language, which caps conference membership."
During discussion in the Senate, Newmark said his school was specifically told that any changes or amendments to the PCSA would risk killing the bill, so UNC and others supported the legislation despite misgivings about Section 205. Frustration mounted, however, when other changes were made -- with the bill still sailing through the Senate with 77 votes in favor, including all four senators from North and South Carolina. Clemson and UNC both worked with their senators in support of the bill, while both Florida senators expressed deep reservations, including Rick Scott, who ultimately voted against it. The bill now goes before the House with pushback expected from both sides of the aisle.
Both schools said they have made repeated inquiries as to the value added by the independence clause and which stakeholders have insisted on its inclusion, with no clear answers. Lawmakers have pushed to prevent the creation of so-called "super conferences," though the bill already includes separate provisions capping conference membership, though a committee aide noted that external interest from private equity firms has made additional safeguards necessary.
Newmark said Carolina will continue to support the legislation in the House as well, but if amendments are entertained at the House level, UNC plans to actively lobby for the modification of Section 205. A committee aide who has been involved with the legislation said the motivations behind Section 205 have been communicated, and changes to the bill now with a limited window remaining on the congressional calendar could derail the bill completely.
"The intent is to prevent private equity from forming a super league or to have some backdoor way to a super league," the aide said. "Everybody else seems to understand that it came from the idea that [individual schools] cannot be trusted to look out for the greater good."