I agree that they're classified as non-profits. But, I imagine that we agree that they are not, in practice, non-profits. Of course, it's worth noting that, technically, NIL does not come from programs or conferences but, rather, 3rd parties (which is also, obviously, not how it plays out).
I'm also with you on federal intervention. This cannot improve the situation (and I would hope that they have better things to do). Of course, there's probably money in it, so it's likely that they stick their nose in it.