Bills · S. 4668 · Text
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4668 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 4668
_______________________________________________________________________
AN ACT
To protect the name, image, and likeness rights of, and provide
protections for, student athletes and to promote fair competition among
intercollegiate athletics, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protect College
Sports Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION
Sec. 100. Definitions.
Sec. 101. Name, image, and likeness protections.
Sec. 102. Modifications to Sports Agent Responsibility and Trust Act.
Sec. 103. Agent registry requirements for intercollegiate athletic
associations.
Sec. 104. Disclosures and establishment of name, image, and likeness
agreement database.
Sec. 105. Academic protections.
Sec. 106. Medical coverage requirements.
Sec. 107. Health, wellness, and safety standards.
Sec. 108. Office of the Student Athlete Ombudsman.
Sec. 109. Comparable standards for access to facilities, services, and
events.
Sec. 110. Rules governing certain mid-season coaching transitions.
Sec. 111. Student athlete representation on intercollegiate athletic
association governing boards.
Sec. 112. Transfer protections.
Sec. 113. Eligibility to participate in intercollegiate sports.
Sec. 114. Prohibited compensation and agreements.
Sec. 115. Congressional approval of continuation of revenue share cap
and retention fund.
Sec. 116. Commission on the Future of College Athletics.
Sec. 117. Recruitment and tampering.
Sec. 118. Limitation on liability.
Sec. 119. Private right of action.
Sec. 120. Whistleblower protection.
Sec. 121. Relationship to existing law.
Sec. 122. Neutrality on employee or non-employee status.
Sec. 123. Applicability.
Sec. 124. Severability.
Sec. 125. Protection of women's sports and Olympic sports.
Sec. 126. Mid-sized conference representation on intercollegiate
athletic association governing boards.
Sec. 127. Title IX savings clause.
Sec. 128. Protecting opportunities for American student athletes.
Sec. 129. Disclosure of foreign financing of intercollegiate athletics.
TITLE II--SPORTS BROADCASTING
Sec. 201. Definitions.
Sec. 202. Limitation on liability for transmission of collegiate sports
competitions.
Sec. 203. Requirements for entities selling media rights.
Sec. 204. Market level broadcast access for college football and
basketball.
Sec. 205. Prohibition on certain conference mergers or acquisition.
Sec. 206. Amendments to intercollegiate and interscholastic football
contest limitations.
Sec. 207. Media rights utilization requirement for college sports other
than football and basketball.
TITLE III--HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM
Sec. 301. Short title.
Sec. 302. Grants for improvement of broadband, technology, media, and
sports broadcast infrastructure of HBCUs.
Sec. 303. Grant uses.
Sec. 304. Coordination.
Sec. 305. Reports and evaluation.
Sec. 306. Definitions.
Sec. 307. Authorization of appropriations.
TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION
SEC. 100. DEFINITIONS.
In this title:
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given that term in the 1st section of the Clayton Act
(15 U.S.C. 12) and includes--
(A) section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent that such section 5
applies to unfair methods of competition; and
(B) any similar State antitrust law, including a
State law provision that applies to covering unfair
methods of competition having the force and effect of
law.
(2) Associated entity.--The term ``associated entity''
means any individual or entity, including a collective, that--
(A) is known, or was known, or should have been
known to the athletics department staff of an
institution to exist, in significant part, for the
purpose of--
(i) promoting or supporting a particular
institution's intercollegiate athletics program
or student athletes; or
(ii) creating or identifying name, image,
and likeness opportunities solely for a
particular institution's student athletes;
(B) is or was a member, employee, director,
officer, owner, or agent of an individual or entity
described in subparagraph (A);
(C) directly or indirectly (including contributions
by an affiliated entity, individual, or family member)
has contributed more than $50,000 over their lifetime
to a particular institution or to an individual or
entity described in subparagraph (A);
(D) has--
(i) been directed or requested by an
institution's athletic department staff to
assist in the recruitment or retention of
student athletes or prospective student
athletes; or
(ii) otherwise assisted in the recruitment
or retention of student athletes or prospective
student athletes; or
(E) is owned, controlled, or operated by, or
otherwise affiliated with the individuals or entities
described in subparagraphs (A) through (D), other than
a publicly traded corporation.
(3) Athlete agent.--The term ``athlete agent'' has the
meaning given that term in section 2 of the Sports Agent
Responsibility and Trust Act (15 U.S.C. 7801).
(4) Collective.--The term ``collective''--
(A) means a person, corporation, booster
organization, tax-exempt organization, or other entity
that provides donations or other support directly or
indirectly to or for the benefit or support of--
(i) a student athlete who is enrolled, or
who may enroll, at an institution; or
(ii) the intercollegiate athletics program
or any booster organization of an institution;
and
(B) does not include--
(i) an immediate family member of a student
athlete; or
(ii) an individual or entity that--
(I) licenses trademark rights of an
institution; and
(II) does not--
(aa) license name, image,
and likeness rights of student
athletes; or
(bb) make payments
earmarked or designated to fund
name, image, or likeness
licenses or other payments to
student athletes.
(5) Compensation.--The term ``compensation''--
(A) means any payment, remuneration, or benefit
provided to a student athlete or a prospective student
athlete; and
(B) does not include--
(i) grants-in-aid;
(ii) Federal Pell Grants provided under
section 401 of the Higher Education Act of 1965
(20 U.S.C. 1070a) or any other Federal or State
grants unrelated to and not awarded with regard
to participation in intercollegiate sports;
(iii) health insurance and the costs of
health care funded by an institution,
intercollegiate athletic association, or
conference;
(iv) disability and loss-of-value
insurance, including disability and loss-of-
value insurance funded by an institution,
intercollegiate athletic association, or
conference;
(v) career counseling, job placement
services, or other guidance available to all
students at an institution;
(vi) hourly wages and benefits for work
performed outside of participating in
intercollegiate sports at a rate commensurate
with the prevailing rate in the relevant State
or locality for similar work;
(vii) enhanced education benefits,
including academic awards;
(viii) financial literacy or tax education
resources; or
(ix) any program to connect student
athletes with employers and facilitate
employment opportunities, if--
(I) the financial terms of such
employment opportunities are consistent
with the terms offered to similarly
situated employees who are not student
athletes; and
(II) such program is not used to
induce a student athlete to attend a
particular institution.
(6) Conference.--The term ``conference'' means any
organization that is not an intercollegiate athletic
association and that--
(A) has 2 or more institutions as members; and
(B) arranges championships for intercollegiate
athletic competitions or sets rules for intercollegiate
athletic competition.
(7) Cost of attendance.--The term ``cost of attendance''--
(A) has the meaning given that term in section 472
of the Higher Education Act of 1965 (20 U.S.C. 1087ll);
and
(B) shall be calculated by the financial aid office
of an institution applying the same standards,
policies, and procedures for all students.
(8) Grant-in-aid.--The term ``grant-in-aid'' means--
(A) a scholarship, grant, stipend, or other form of
financial assistance, including the provision of
tuition, room, board, books, or funds for fees or
personal expenses, that--
(i) is paid or provided by an institution
to a student for the undergraduate or graduate
education of the student; and
(ii) is in an amount that does not exceed
the cost of attendance for such student at the
institution; and
(B) does not include compensation paid to a student
athlete.
(9) Image.--With respect to a student athlete, the term
``image'' means a picture, video, computer-generated
representation, or other depiction that identifies, is linked
to, or is reasonably linked to the student athlete.
(10) Institution.--Except as otherwise explicitly provided,
the term ``institution'' has the meaning given the term
``institution of higher education'' under section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(11) Intercollegiate athletic association.--The term
``intercollegiate athletic association''--
(A) means any organization, not-for-profit
corporation, association, or any other group organized
in the United States that--
(i) sponsors or arranges intercollegiate
athletic competition between institutions;
(ii) sets common rules, standards,
procedures, or guidelines for the
administration of intercollegiate athletic
competition;
(iii) is composed of 2 or more institutions
or conferences that are located in different
States or participate in intercollegiate
athletic competition in more than 1 State; and
(iv) is not a conference;
(B) includes--
(i) the National Collegiate Athletic
Association; and
(ii) any other national intercollegiate
athletic association; and
(C) does not include a corporation, association, or
other group affiliated with professional athletic
competition.
(12) Intercollegiate athletic competition.--The term
``intercollegiate athletic competition'' means any
intercollegiate sport contest, game, meet, match, tournament,
regatta, or other intercollegiate sport event in which student
athletes or varsity sports teams compete.
(13) Intercollegiate sport.--The term ``intercollegiate
sport''--
(A) means a sport played between institutions for
which eligibility requirements for participation by a
student athlete are established by an intercollegiate
athletic association; and
(B) does not include a recreational, intramural, or
club sport.
(14) Likeness.--With respect to a student athlete, the term
``likeness'' means a physical or digital depiction or
representation that identifies, is linked to, or is reasonably
linked to the student athlete, including --
(A) the uniquely identifiable body, physical
characteristics, or voice of the student athlete;
(B) any other mark that identifies or distinguishes
the student athlete; or
(C) the jersey number associated with the student
athlete during the period of athletic participation by
the student athlete at an institution if the jersey
number is accompanied by--
(i) a logo or color scheme that is clearly
associated with the institution; or
(ii) some other means by which the jersey
number is associated with the student athlete.
(15) Name.--With respect to a student athlete, the term
``name'' means the first or last name that identifies the
student athlete, a nickname or assumed name of the student
athlete, or a username associated with the student athlete on
any public-facing internet platform when used in a context that
identifies, is linked to, or is reasonably linked to the
student athlete.
(16) Name, image, and likeness agreement.--The term ``name,
image, and likeness agreement'' means a contract or similar
agreement between a student athlete (or group of student
athletes) and a conference, institution, intercollegiate
athletic association, associated entity, collective, or third
party regarding the commercial use of the name, image, and
likeness rights of the student athlete (or group of student
athletes).
(17) Name, image, and likeness rights.--The term ``name,
image, and likeness rights'' means the ability of a student
athlete to market and profit from the commercial use of his or
her name, image, or likeness.
(18) Prospective student athlete.--The term ``prospective
student athlete'' means an individual who is recruited,
actively being recruited, or has been contacted for the
purposes of recruitment to attend an institution as a student
athlete, but has not yet enrolled at the institution.
(19) Revenue share cap.--The term ``revenue share cap''
means the Benefits Pool Limit set forth in the Injunctive
Relief Settlement Agreement approved by the court in ``In Re
College Athlete NIL Litigation'', No. 20-cv-03919 (N.D. Cal.
June 6, 2025), or as modified pursuant to the amendment
provision specified in paragraph 55 of that settlement.
(20) Student athlete.--
(A) In general.--The term ``student athlete'' means
an individual who is enrolled as a full-time student
(as defined in section 668.2 of title 34, Code of
Federal Regulations (as in effect on the day before the
date of the enactment of this Act)) at an institution
and who--
(i) makes satisfactory academic progress
(as determined in accordance with section
668.34 of such title 34 (as in effect on the
day before the date of the enactment of this
Act)) toward completing a degree; and
(ii) participates in intercollegiate
athletic competition or competes for a varsity
sports team as part of the institution's
educational, developmental, or extracurricular
programs.
(B) Rule of construction.--Nothing in subparagraph
(A)(i) shall be construed to preclude an institution,
conference, or intercollegiate athletic association
from establishing satisfactory academic progress
standards that are more stringent than the requirements
described in subparagraph (A)(i), if such standards are
required of all student athletes, or in the case of an
institution, of all full-time students.
(21) Third party.--The term ``third party'' means an
individual or entity that is not an institution, associated
entity, collective, conference, or intercollegiate athletic
association.
(22) Valid business purpose.--The term ``valid business
purpose'' means a purpose genuinely related to the promotion of
goods or services provided to the general public for profit.
(23) Varsity sports team.--The term ``varsity sports team''
means a sports team composed of student athletes that is
organized by an institution for the purpose of intercollegiate
athletic competition.
SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS.
(a) Student Athlete Name, Image, and Likeness Compensation.--
(1) In general.--Except as provided in this title, an
institution, conference, intercollegiate athletic association,
or any representative of such an entity may not--
(A) restrict the ability of a student athlete,
group of student athletes, or prospective student
athlete--
(i) to market or earn compensation for the
value of their name, image, or likeness rights;
or
(ii) to enter into a name, image, and
likeness agreement;
(B) restrict the eligibility for intercollegiate
athletic competition for a student athlete or
prospective student athlete on the basis of the student
athlete or prospective student athlete entering into a
name, image, and likeness agreement or marketing or
earning compensation for the value of their name,
image, or likeness;
(C) unless otherwise required by law, limit the
eligibility or opportunity of a student athlete or
prospective student athlete to apply for or receive a
grant-in-aid, including the amount, duration, or
renewal of such grant-in-aid, on the basis of the
student athlete or prospective student athlete entering
into a name, image, and likeness agreement, or
marketing or earning compensation for the value of
their name, image, or likeness; or
(D) unless otherwise required by law, revoke,
reduce, or decline to renew a grant-in-aid for a
student athlete or prospective student athlete based on
the student athlete or prospective student athlete
entering into a name, image, and likeness agreement or
marketing or earning compensation for the value of
their name, image, or likeness.
(2) Consent and compensation for group use.--An
institution, conference, intercollegiate athletic association,
collective, third party, or any representative thereof, may not
use the name, image, or likeness of any group of student
athletes to sell or promote any product or service unless the
institution, conference, athletic association, collective, or
third party, as the case may be, obtains an agreement from each
member of the group for that purpose.
(3) Exceptions.--
(A) Certain agreements.--An institution may
restrict the eligibility for intercollegiate athletic
competition of a student athlete or prospective student
athlete who enters into a name, image, and likeness
agreement that violates the code of student conduct of
the institution that applies to all students enrolled
at the institution.
(B) Certain uses.--An institution may restrict the
eligibility for intercollegiate athletic competition of
a student athlete or prospective student athlete if, in
connection with a name, image, and likeness agreement,
the student athlete or prospective student athlete uses
a facility, uniform, equipment, registered or
unregistered trademark, copyright-protected product, or
the official logo, mark, or other indicia of the
institution without the express consent of the
institution.
(b) Mandatory Disclosures by Student Athletes.--
(1) In general.--All student athletes shall report to their
institution and their intercollegiate athletic association, or
to an entity designated by their intercollegiate athletic
association and under the control of that intercollegiate
athletic association pursuant to the Injunctive Relief
Settlement Agreement approved by the court in ``In Re College
Athlete NIL Litigation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025)--
(A) not later than 5 days after entering into a
name, image, and likeness agreement, the terms of any
such agreement, including the amount and source, that
exceeds $600 in value, including multiple payments,
remunerations, or benefits from the same entity that
exceeds a total of $600 over a 12-month period; and
(B) to the extent not reported under subparagraph
(A), not later than 30 days after receiving
compensation for the name, image, or likeness of the
student athlete, the amount and source of any such
compensation that exceeds $600, including multiple
payments, remunerations, or benefits from the same
entity that exceeds a total of $600 over a 12-month
period.
(2) Mandatory disclosures by recruited athletes.--With
respect to a student athlete or prospective student athlete who
is recruited to attend, but is not yet enrolled in, an
institution, the student athlete or prospective student athlete
shall report to the institution at which the student athlete
enrolls and their intercollegiate athletic association, or to
an entity designated by that intercollegiate athletic
association and under the control of that intercollegiate
athletic association pursuant to the Injunctive Relief
Settlement Agreement approved by the court in ``In Re College
Athlete NIL Litigation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025)--
(A) the terms of any current or ongoing name,
image, and likeness agreement that exceeds $600 in
value, including multiple payments, remunerations, or
benefits from the same entity that exceeds a total of
$600 over a 12-month period; and
(B) to the extent not reported under subparagraph
(A), the amount and source of any current or ongoing
name, image, and likeness compensation that exceeds
$600, including multiple payments, remunerations, or
benefits from the same person that exceeds a total of
$600 over a 12-month period.
(3) Exception.--
(A) In general.--Paragraphs (1) and (2) shall not
apply to either marketing or earning compensation for
the value of the name, image, and likeness rights of a
student athlete or to the compensation within a name,
image, and likeness agreement in which a student
athlete receives less than $600, including multiple
payments, remunerations, or benefits from the same
person that totals less than $600 over a 12-month
period.
(B) Adjustment for inflation.--The amount described
in subparagraph (A) shall be adjusted for inflation by
the percent increase, if any, in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor for the
most recent 12-month period for which applicable data
is available.
(4) Release of information.--Except as provided in section
104 or as necessary to comply with this Act, an institution may
not release any information that would identify a student
athlete or prospective student athlete in a disclosure under
paragraph (1) or (2) without the express written consent of the
student athlete, prospective student athlete, athlete agent of
the student athlete or prospective student athlete, or, in case
of a minor, the parent or legal guardian of the minor.
(5) Limitation.--This subsection shall apply only to
student athletes and prospective student athletes of
institutions whose primary membership is in Division I, as
defined by bylaw 20.9 of the National Collegiate Athletic
Association, or a successor bylaw.
(c) Name, Image, or Likeness Compensation by Institutions.--Subject
to the requirements of this title, an institution, intercollegiate
athletic association, conference, collective, associated entity, or
third party, may pay, provide, or facilitate compensation to a student
athlete for the use of the name, image, or likeness of the student
athlete.
(d) Right to Representation.--An institution, intercollegiate
athletic association, or conference may not restrict the eligibility
for intercollegiate athletic competition, or any other event or
activity relating to intercollegiate athletic competition, of a
prospective student athlete or student athlete based on the prospective
student athlete or student athlete having obtained an athlete agent or
legal representative.
(e) Educational Resources Regarding This Title.--An intercollegiate
athletic association shall provide student athletes and prospective
student athletes and the parents or guardians of student athletes or
prospective student athletes with educational materials relating to
this title.
SEC. 102. MODIFICATIONS TO SPORTS AGENT RESPONSIBILITY AND TRUST ACT.
(a) In General.--The Sports Agent Responsibility and Trust Act (15
U.S.C. 7801 et seq.) is amended--
(1) in section 2 (15 U.S.C. 7801)--
(A) in paragraph (1), by striking ``an oral or
written agreement'' and inserting ``a written
agreement'';
(B) in paragraph (5), by inserting before the
period the following: ``and includes any name, image,
and likeness agreement as defined in section 100 of the
Protect College Sports Act of 2026'';
(C) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(D) by inserting after paragraph (5) the following:
``(6) Intercollegiate athletic association.--The term
`intercollegiate athletic association' has the meaning given
that term in section 100 of Protect College Sports Act of
2026'';
(2) in section 3 (15 U.S.C. 7802)--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``or'' at
the end;
(ii) in paragraph (3), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(4) enter into an agency contract or represent a student
athlete in a manner that violates section 9;
``(5) charge a student athlete a fee in connection with an
endorsement contract that exceeds 5 percent of the value of the
endorsement contract;
``(6) enter into an agency contract with an athlete for a
term that extends beyond the eligibility of the student athlete
to participate in intercollegiate sport;
``(7) make any materially false, deceptive, or fraudulent
representation as an athlete agent, including any materially
false, deceptive, or fraudulent statement to a student athlete
or prospective student athlete that misrepresents the
existence, nature, or value of a name, image, or likeness
opportunity the athlete agent can arrange on behalf of the
student athlete or prospective student athlete through
recruitment or transfer to an institution (as defined in
section 100 of the Protect College Sports Act of 2026); or
``(8) make a materially false, deceptive, or fraudulent
statement in the application for registration as an athlete
agent.''; and
(B) in subsection (b)(3), by striking ``Warning to
Student Athlete: If you agree orally or in writing to
be represented by an agent now or in the future you may
lose your eligibility to compete as a student athlete
in your sport.'';
(3) by inserting after section 5 (15 U.S.C. 7804) the
following:
``SEC. 5A. PRIVATE RIGHT OF ACTION.
``(a) In General.--Any current or former student athlete alleging a
violation of paragraphs (4) through (8) of section 3(a), section 9, or
section 10 may bring a civil action in an appropriate district court of
the United States or in an appropriate State court.
``(b) Relief.--In a civil action brought under subsection (a) in
which the plaintiff prevails, the court may award--
``(1) a declaratory judgment that a name, image, or
likeness agreement (as defined in section 100 of the Protect
College Sports Act of 2026) or an agency contract, as
applicable, is null and void; and
``(2) actual damages.
``(c) Attorney's Fees and Costs.--In a civil action brought under
subsection (a) in which the defendant is not an institution (as defined
in section 100 of the Protect College Sports Act of 2026), the court
may, in its discretion, award reasonable attorney's fees and litigation
costs.
``(d) Invalidity of Pre-dispute Arbitration Agreements and Pre-
dispute Joint Action Waivers.--
``(1) In general.--Notwithstanding any other provision of
law, no pre-dispute arbitration agreement or pre-dispute joint
action waiver shall be valid or enforceable against a student
athlete with respect to a dispute arising under this Act.
``(2) Applicability.--Any determination as to whether or
how paragraph (1) applies to any dispute shall be made by a
court, rather than an arbitrator, without regard to whether the
agreement or waiver that is the subject of the dispute purports
to delegate such determination to an arbitrator.
``(3) Definitions.--In this subsection:
``(A) Pre-dispute arbitration agreement.--The term
`pre-dispute arbitration agreement' means any agreement
to arbitrate a dispute that has not arisen at the time
of the making of the agreement.
``(B) Pre-dispute joint-action waiver.--The term
`pre-dispute joint-action waiver' means an agreement,
whether or not part of a pre-dispute arbitration
agreement, that would prohibit, or waive the right of,
one of the parties to the agreement to participate in a
joint, class, or collective action in a judicial,
arbitral, administrative, or other forum, concerning a
dispute that has not yet arisen at the time of the
making of the agreement.''; and
(4) by adding at the end the following:
``SEC. 9. REGISTRATION OF ATHLETE AGENTS AND OTHER REQUIREMENTS.
``(a) In General.--An athlete agent who seeks to represent a
student athlete in an endorsement contract shall--
``(1) register with a State before representing a student
athlete for an endorsement contract; and
``(2) enter into an agency contract with the student
athlete before providing representation in an endorsement
contract.
``(b) Registration Established.--An individual is deemed to be
registered with a State for purposes of this section if the individual
is--
``(1) a registered professional sports agent with a
professional sports league or players association, in good
standing; or
``(2) registered and certified under the All State Uniform
Agent Acts in the State in which the agent operates, in good
standing.
``(c) Certification to Intercollegiate Athletic Associations.--
``(1) Requirement.--An athlete agent that represents a
student athlete shall certify to each applicable
intercollegiate athletic association that the athlete agent is
registered with a State.
``(2) Prohibition.--It is unlawful for an individual to
certify to an intercollegiate athletic association that the
individual is an athlete agent if the individual is not
registered with a State.
``(d) Requirements for Agency Contracts.--To be a valid contract,
an agency contract shall--
``(1) state the name of each party to the contract;
``(2) state the term of the contract;
``(3) state the registration information for the athlete
agent; and
``(4) state the fee or commission charged by the athlete
agent.
``SEC. 10. ENDORSEMENT CONTRACT REQUIREMENTS.
``An endorsement contract made in interstate or foreign commerce
is, at the option of the student athlete, void from the inception of
such contract if such contract does not satisfy the following
requirements:
``(1) The contract is in writing.
``(2) The contract plainly states that the student athlete
has the right to obtain or retain an athlete agent or legal
representation with respect to the contract.
``(3) The contract contains--
``(A) a description of services rendered;
``(B) the names of each party to the contract;
``(C) the terms of the contract;
``(D) the amount of compensation to be provided to
the student athlete under the contract;
``(E) a provision specifying the circumstance or
event that would result in the termination of the
contract due to nonperformance of obligations by the
student athlete or other parties to the contract; and
``(F) a provision specifying that the validity and
effectiveness of the contract, and the provision of
compensation to the student athlete under the contract,
is not conditioned upon any express or implicit
requirement that the student athlete enroll or remain
enrolled at an institution or reside in a particular
location within the United States, unless the party
making the contract with the student athlete is an
institution, conference, associated entity, or
collective affiliated with the institution and the
contract is entered into after the student athlete has
enrolled at such institution.
``(4) The contract is not for a term that extends beyond
the eligibility of the student athlete to participate in
intercollegiate sports.''.
(b) Clerical Amendments.--The table of contents for the Sports
Agent Responsibility and Trust Act is amended--
(1) by inserting after the item relating to section 5 the
following:
``Sec. 5A. Private right of action.''; and
(2) by adding at the end the following:
``Sec. 9. Registration of athlete agents and other requirements.
``Sec. 10. Endorsement contract requirements.''.
SEC. 103. AGENT REGISTRY REQUIREMENTS FOR INTERCOLLEGIATE ATHLETIC
ASSOCIATIONS.
(a) Requirements of Intercollegiate Athletic Associations.--An
intercollegiate athletic association shall maintain a publicly
available website that includes a searchable database of athlete agents
that--
(1) are registered with a State and certified pursuant to
section 9 of the Sports Agent Responsibility and Trust Act, as
added by section 102; and
(2) have certified compliance with all rules and bylaws of
such intercollegiate athletic association, including any
recruitment and tampering rules adopted under section 117.
(b) Decertification Permitted.--
(1) In general.--An intercollegiate athletic association
may decertify or fine an athlete agent for any violations of
section 9 of the Sports Agent Responsibility and Trust Act, as
added by section 102, or any violation of section 117 on
recruitment and tampering.
(2) Effect of decertification.--An athlete agent that is
decertified pursuant to paragraph (1) may not represent or
contact a student athlete or prospective student athlete of an
institution that is a member of such intercollegiate athletic
association.
SEC. 104. DISCLOSURES AND ESTABLISHMENT OF NAME, IMAGE, AND LIKENESS
AGREEMENT DATABASE.
(a) Disclosures by Institutions.--
(1) Disclosure of data on name, image, and likeness
agreements.--Not later than July 1 of the first year beginning
after the date of the enactment of this Act, and each July 1
thereafter, each institution shall disclose to the
intercollegiate athletic association of which the institution
is a member, in an anonymized manner, the following data:
(A) With respect to each name, image, and likeness
agreement disclosed to the institution by a student
athlete as required by section 101(b)--
(i) a description of services rendered; and
(ii) the amount of compensation to be
provided to the student athlete or group of
athletes under the agreement.
(B) With respect to each name, image, and likeness
agreement entered into between the institution and a
student athlete, and any other compensation provided or
to be provided by an institution to a student athlete--
(i) the amount of compensation provided or
to be provided to the student athlete by the
institution; and
(ii) disaggregated by intercollegiate
sports program--
(I) the number of agreements and
payments;
(II) the average value of the
agreements and payments; and
(III) the total value of the
agreements and payments.
(2) Report on revenue and student outcomes.--Not later than
60 days after the date on which an academic year ends, each
institution with 1 or more intercollegiate sports programs
shall submit to the governing athletic association for such
institution a report that includes, for the academic year, the
following:
(A) The amount of revenues and expenditures of each
such sports program, including the amount of associated
entity and third-party donations, Federal funds, and
State funds, including the total amount of remuneration
for personnel of each intercollegiate sports program,
individually by program and in the aggregate.
(B) The average number of hours student athletes
spent on intercollegiate athletic events and
intercollegiate athletic competition, disaggregated by
sports program.
(C) The academic outcomes and majors for student
athletes, disaggregated by sports program.
(3) Treatment of men's and women's programs.--An
institution shall treat men's and women's sports programs as
distinct sports programs for the purposes of disclosure and
reporting obligations under this subsection.
(4) Protection of personally identifiable information.--In
making a disclosure under paragraph (1), an institution shall
ensure that no personally identifiable information of a student
athlete is transmitted to an intercollegiate athletic
association.
(b) Disclosures by Associations and Database.--
(1) In general.--Not later than September of the first year
beginning after the date of the enactment of this Act, each
intercollegiate athletic association shall establish and
maintain a publicly accessible, searchable database for student
athletes and their agents to estimate the fair market value for
name, image, and likeness agreements, which shall include data
collected under subsection (a)(2).
(2) Content of database.--An intercollegiate athletic
association shall include the data reported by institutions
pursuant to paragraphs (1) and (2) of subsection (a) in the
database described in paragraph (1).
(3) Update of database.--An intercollegiate athletic
association shall update the database described in paragraph
(1) each September 1.
(4) Privacy.--An intercollegiate athletic association shall
take reasonable technical measures to ensure that information
available in the database described in paragraph (1) may not be
used to identify a student athlete.
(c) Limitation.--This section shall apply only to institutions
whose primary membership is in Division I, as defined by bylaw 20.9 of
the National Collegiate Athletic Association, or a successor bylaw, and
shall not apply to any Division II or Division III institution (as so
defined) that participates in a limited number of sports at the
Division I level.
SEC. 105. ACADEMIC PROTECTIONS.
(a) Prohibitions Relating to Coursework and Extracurricular
Activities.--
(1) In general.--An employee or volunteer of an athletic
department of an institution may not--
(A) exert undue pressure over or prevent a student
athlete from selecting a course or an academic major of
the student athlete's choice;
(B) retaliate against a student athlete based on
the student athlete's selection of any course or
academic major; or
(C) prevent a student athlete who seeks to secure
employment or internships, participate in student
groups or events, or serve as a volunteer from doing
so, unless such activity interferes with mandatory
class time or mandatory events related to
intercollegiate athletic competition or membership on a
varsity sports team.
(2) Participation in athletic related activities.--In order
to ensure each student athlete makes satisfactory progress
toward the completion of a degree, each intercollegiate
athletic association and any institution that is a member of
such association may limit a student athlete to only
participate in countable athletic-related activities as part of
the educational, developmental, or extracurricular programs of
the institution.
(3) Rule of construction.--Paragraph (1) may not be
construed as preventing an institution, an athletic department
of an institution, or a representative thereof from--
(A) informing a student athlete of academic
eligibility requirements and mandatory and expected
team activities; or
(B) providing other legitimate academic counseling
and support services, in collaboration with the
institution, to help the student athlete pursue the
academic interests of and improve academic outcomes for
the student athlete.
(b) Financial Literacy and Life Skills.--An institution that offers
financial literacy and life skills programming directed to student
athletes may not include any marketing, advertising, referral, or
solicitation offers in such programming.
(c) Scholarship Protections.--
(1) In general.--Except as provided in paragraph (2), an
institution that awards a grant-in-aid to a student athlete may
not revoke, reduce, or condition the grant-in-aid of the
student athlete--
(A) based on the athletic ability or performance of
the student athlete or the contribution of the student
athlete to the success of a varsity sports team;
(B) as a result of an injury or illness based on a
physical or mental medical condition of the student
athlete; or
(C) roster management decisions.
(2) Exception.--
(A) In general.--An institution may revoke, reduce,
or condition the grant-in-aid of a student athlete or
former student athlete who--
(i) transfers to another institution; or
(ii) does not remain in good standing in
accordance with--
(I) the standards or code of
conduct of the institution applicable
to all students;
(II) the established athletics
program policies for participating in
mandatory team athletic activities for
a varsity sports team; or
(III) the academic standards for
athletic eligibility.
(B) Notice.--An institution shall provide a student
athlete with timely written notice with respect to any
possible revocation or reduction of, or condition on,
the grant-in-aid or athletic eligibility of the student
athlete.
(C) Reinstatement.--In the case of a revocation or
reduction of, or condition on, the grant-in-aid of a
student athlete under this paragraph, an institution
may reinstate or remove any condition placed on such
grant-in-aid if the student athlete subsequently cures
or satisfies the reasons provided by the notice in
subparagraph (B).
(D) Former student athletes.--
(i) In general.--With respect to a former
student athlete described in clause (ii), an
institution shall provide the former student
athlete--
(I) the opportunity to resume study
at the institution for the purpose of
completing the requirements necessary
to earn a degree; and
(II) either--
(aa) the amount of grant-
in-aid the former student
athlete received while
previously enrolled at the
institution and participating--
(AA) in
intercollegiate
athletic competition;
or
(BB) as a member of
a varsity sports team;
or
(bb) in the case of grant-
in-aid previously awarded
solely on the basis of
demonstrated financial need,
grant-in-aid awarded based on
the current demonstrated
financial need of the former
student athlete.
(ii) Former student athlete described.--A
former student athlete described in this
subparagraph is a former student athlete of an
institution who--
(I) was enrolled at the institution
during their last year of eligibility
to participate in intercollegiate
athletic competition during the
preceding 10-year period;
(II) received grant-in-aid while
enrolled at the institution;
(III) was not subject to the
revocation of grant-in-aid under
subparagraph (A)(ii)(I); and
(IV) has not completed the course
of study for an undergraduate degree.
(E) Rule of construction.--Nothing in this
paragraph may be construed to preclude--
(i) an institution from providing
additional grant-in-aid protections for student
athletes or former student athletes; or
(ii) an intercollegiate athletic
association, conference, institution, student
athlete, or former student athlete from
requesting or advocating for additional grant-
in-aid protections.
(3) Limitation.--Paragraph (2)(D) shall apply only to
institutions that compete in Division I, as defined by bylaw
20.9 of the National Collegiate Athletic Association, or a
successor bylaw.
SEC. 106. MEDICAL COVERAGE REQUIREMENTS.
(a) In General.--Each Division I institution, as defined by bylaw
20.9 of the National Collegiate Athletic Association, or a successor
bylaw, each institution whose primary membership is in Division II or
Division III (as so defined) only with respect to student athletes of
the institution who compete in Division I, or an intercollegiate
athletic association or conference comprised of Division I member
institutions shall provide or cause to be provided--
(1) during the participation of a student athlete in an
intercollegiate sport--
(A) all out-of-pocket medical expenses, such as
copayments or deductibles, for the health care coverage
of a student athlete for any injury or disease incurred
through participation in an intercollegiate sport;
(B) the expense for obtaining a medical second
opinion independent of the institution for any injury
or disease the student athlete incurred through
participation in an intercollegiate sport;
(C) catastrophic injury medical insurance for any
injury or disease incurred through participation in an
intercollegiate sport that exceeds $90,000 in medical
costs; and
(D) an end-of-college physical examination for a
student athlete for the purpose of documenting and
diagnosing any injury or condition related to the
student athlete's participation in an intercollegiate
sport; and
(2) with respect to a student athlete enrolled at the
institution during their last year of eligibility to
participate in intercollegiate athletic competition, for the 5-
year period beginning on the day after the last intercollegiate
competition for the student athlete, the cost of all out-of-
pocket medical expenses of the student athlete for health care
coverage for any injury or disease incurred through
participation in an intercollegiate sport.
(b) Intercollegiate Athletic Association Post-eligibility Insurance
and Catastrophic Injury Fund or Program.--
(1) In general.--An intercollegiate athletic association
comprised of member institutions that compete in Division I,
Division II, or Division III, as defined by bylaw 20 of the
National Collegiate Athletic Association, or a successor bylaw,
on behalf of its member institutions must establish a fund or
program to help cover the cost of--
(A) in the case of a Division I institution that
generates less than $20,000,000 in total annual
athletics revenue during the preceding academic year,
compliance with subsection (a)(2) (or, in the case of a
Division II or Division III institution, voluntary
compliance with subsection (a)(2)), in the event of
demonstrated financial hardship; and
(B) post-eligibility medical expenses for the
student athletes of a member institution who are
diagnosed with significant long-term conditions related
to their participation in an intercollegiate sport,
including chronic traumatic encephalopathy and any
other cognitive impairment.
(2) Amount of fund.--
(A) In general.--Subject to increases under
subparagraph (B) and the limitation under subparagraph
(C), the intercollegiate athletic association described
in this subsection shall ensure that the fund or
program established under this subsection is funded at
an amount that totals not less than $60,000,000 on the
first day of each academic year.
(B) Subsequent increase.--Subject to the limitation
under subparagraph (C), if the amount funded for the
fund or program established under this subsection is
depleted for an academic year, that amount for the next
academic year shall be increased by $5,000,000 as
compared to the amount for the previous academic year.
(C) Limitation.--The amount funded for the fund or
program established under this subsection shall not
exceed $100,000,000.
(3) Use of collective media rights.--In ensuring that the
fund or program established under paragraph (2) is adequately
funded, an intercollegiate athletic association may use the
collective media rights revenue from a covered entity, in
accordance with section 5(d)(3) of the Sports Broadcasting Act
of 1961, as added by section 203.
(c) Rule of Construction.--Nothing in this section may be construed
to preclude--
(1) an intercollegiate athletic association, conference, or
institution from providing or causing to be provided to student
athletes medical coverage in addition to the medical coverage
required by subsection (a); or
(2) an intercollegiate athletic association from exceeding
$60,000,000 for the fund or program established in subsection
(b) for any academic year.
SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS.
(a) Establishment of Standards.--Not later than 270 days after the
date of the enactment of this Act, each institution, conference, and
intercollegiate athletic association shall adhere to standards to
protect student athletes from sports-related serious injury,
conditions, and death, including--
(1) brain injury, by adhering to the concussion management
practices, protocols, and legislation of the National
Collegiate Athletic Association effective January 15, 2024, and
as amended to strengthen protections for student athletes;
(2) heat-related illness, by adhering to the American
College of Sports Medicine Expert Consensus Statement on
Exertional Heat Illness: Recognition, Management, and Return to
Activity (April 2023), and as amended to strengthen protections
for student athletes;
(3) rhabdomyolysis, in accordance with the guidelines of
the National Collegiate Athletic Association for exertional
rhabdomyolysis published in 2025, and as amended to strengthen
protections for student athletes; and
(4) for any student athlete who is identified with--
(A) sickle cell trait, by following the guidelines
published by the National Collegiate Athletic
Association in 2025, and as amended to strengthen
protections for student athletes; and
(B) asthma, by following the guidelines of the
National Athletic Trainers' Association Position
Statement: Management of Asthma in Athletes (September
2005), and as amended to strengthen protections for
student athletes.
(b) Measures To Prevent, Assess, and Remediate Abuse or
Misconduct.--Each institution, conference, and intercollegiate athletic
association shall take reasonable actions to prevent, assess, and
remediate--
(1) abuse or hazing of any student athlete, including
physical and sexual abuse; and
(2) sexual assault, sexual misconduct, and sexual
harassment.
(c) Provision of Information on Contact for Student Athlete
Ombudsman.--
(1) Intercollegiate athletic association.--An
intercollegiate athletic association shall provide to student
athletes information on how to contact the Office of the
Student Athlete Ombudsman, as established in section 108, on
the internet website of the association.
(2) Institution.--At the beginning of each academic year,
an institution shall provide to student athletes information on
how to locate the website specified under paragraph (1) or a
link to the website and information on how to contact the
Office of the Student Athlete Ombudsman, as established in
section 108.
(d) Athletic Health and Safety Officers.--
(1) In general.--Each institution shall designate an
employee, who is independent of the athletic department, as the
athletic health and safety officer for the institution.
(2) Reporting.--The athletic health and safety officer
designated under paragraph (1) shall report to an employee of
the institution who is independent of the athletic department.
(3) Officer responsibilities.--An employee who is
designated by an institution under paragraph (1) as an athletic
health and safety officer shall be responsible for, at a
minimum--
(A) overseeing implementation of the applicable
requirements the institution is subject to under this
section, including any applicable training, oversight
practices, policies, and procedures; and
(B) consulting with student athletes and athletic
department personnel and reporting any suspected
violations of this section to the employee specified
under paragraph (2).
(e) Independence of Medical Professionals.--
(1) In general.--Medical personnel, including athletic
trainers, physical therapists, and physicians, shall have the
autonomous, unchallengeable authority to determine medical
management and return to play decisions for student athletes
under their care at an institution.
(2) Limitation on nonmedical personnel.--No coach or other
nonmedical personnel of an institution may attempt to influence
or disregard the decisions of medical personnel with respect to
the medical management and return to play decisions for student
athletes under their care at the institution.
(f) Rule of Construction.--Nothing in this section may be construed
to preclude--
(1) an intercollegiate athletic association, conference,
institution, or State from establishing additional health,
wellness, and safety standards to protect student athletes,
including additional sexual assault, sexual misconduct, and
sexual harassment standards in addition to those specified in
subsection (b); or
(2) an intercollegiate athletic association, conference,
institution, or student athletes from requesting or advocating
for additional health, wellness, and safety standards to
protect student athletes.
(g) Intercollegiate Athletic Association Oversight.--An
intercollegiate athletic association shall take reasonable actions to
ensure that its member institutions comply with this section.
SEC. 108. OFFICE OF THE STUDENT ATHLETE OMBUDSMAN.
(a) In General.--An intercollegiate athletic association shall
establish an office to support student athletes, known as the ``Office
of the Student Athlete Ombudsman'' (in this section referred to as the
``Office'').
(b) Duties.--The Office shall--
(1) provide independent advice to student athletes at no
cost about the applicable requirements of this title and the
amendments made by this title, including with respect to their
rights and responsibilities and the resources available;
(2) assist in the resolution of student athlete concerns
regarding the intercollegiate athletic association,
conferences, or institutions;
(3) provide independent advice to student athletes with
respect to the role, responsibility, authority, and
jurisdiction of the intercollegiate athletic association,
conferences, or institutions;
(4) provide student athletes with current contact
information for external third-party resources for student
athletes;
(5) provide independent advice to student athletes with
respect to the relative value of engaging legal counsel;
(6) develop standard language to explain the rights and
responsibilities of student athletes under this Act that
institutions shall be required to conspicuously display in
common areas where student athletes congregate, such as locker
rooms, dormitories, or study areas, to ensure that student
athletes are properly informed of their rights,
responsibilities, and ability to contact the Ombudsman; and
(7) as appropriate, develop curricula to educate student
athletes on their rights and responsibilities under this Act
that is capable of being shared through in person or online
classes, training sessions, or other means.
(c) Administration.--An intercollegiate athletic association shall
hire and provide salary, benefits, and administrative expenses for an
Ombudsman and support staff for the Office.
(d) Confidentiality.--
(1) In general.--The Office shall maintain as confidential
any information communicated or provided to the Office in
confidence in any matter involving the exercise of the official
duties of the Office.
(2) Exception.--The Office may, with the permission of the
parties involved, disclose information described in paragraph
(1) as necessary to resolve or mediate a dispute.
(3) Application.--The confidentiality requirements under
this subsection shall not apply to information--
(A) as necessary to comply with applicable
reporting requirements mandated by Federal law;
(B) relating to a felony personally witnessed by a
member of the Office;
(C) if necessary to protect an individual at
imminent risk of serious harm; or
(D) with the permission of the parties involved, as
necessary to resolve or mediate a dispute.
(4) Judicial and administrative proceedings.--
(A) In general.--The Ombudsman and any staff of the
Office shall not be compelled to testify or produce
evidence in any judicial or administrative proceeding
with respect to any matter involving the exercise of
the duties of the Office.
(B) Confidentiality.--Any memorandum, work product,
notes, or case file of the Office--
(i) shall be confidential; and
(ii) shall not be--
(I) subject to discovery, subpoena,
or any other means of legal compulsion;
or
(II) admissible as evidence in a
judicial or administrative proceeding.
(5) Prohibition on retaliation.--No employee, contractor,
agent, volunteer, or member of an intercollegiate athletic
association, a conference, or an institution shall take or
threaten to take any action against a student athlete as a
reprisal for disclosing information to or seeking assistance
from the Office.
(e) Independence in Carrying Out Duties.--The board of directors or
other governing board or committee of an intercollegiate athletic
association, a conference, or an institution shall not prevent or
prohibit the Office from carrying out any duty or responsibility under
this section.
SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES, SERVICES, AND
EVENTS.
Intercollegiate athletic associations and conferences shall
maintain comparable standards for medical care, lodging, meals, rest,
transportation, publicity and promotion, and, if applicable, athletic
facilities for championship events or tournaments, across similarly
situated men's and women's athletic programs.
SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING TRANSITIONS.
(a) In General.--An individual who serves, or has served at any
point during a competitive season, as football athletic personnel for a
varsity sports team for intercollegiate football at an institution
shall not, during that same competitive season, perform for another
institution any duties or responsibilities customarily associated with
a head coach of a varsity sports team for intercollegiate football,
including, at a minimum--
(1) recruiting or contacting prospective or current student
athletes;
(2) directing, participating in, or materially influencing
recruiting strategy or evaluations;
(3) directing, participating in, or materially influencing
roster management decisions, including decisions relating to
transfers;
(4) facilitating, coordinating, negotiating, or otherwise
materially influencing name, image, and likeness activities
involving student athletes;
(5) directing, supervising, or materially influencing
coaching staff or team operations;
(6) participating in practice planning, game preparation,
strategic decision-making, or on-field activities;
(7) publicly representing the institution in an
intercollegiate football-related capacity in a manner that
reflects or implies authority over the intercollegiate football
program; and
(8) undertaking any other activity customarily associated
with a head coach of a varsity sports team for intercollegiate
football.
(b) Application.--Subsection (a) shall apply without regard to
title, formal designation, compensation structure, employment status,
or timing of any public announcement, and the applicable
intercollegiate athletic association may prohibit any arrangement that,
in substance or effect, provides an individual described in subsection
(a) with authority or responsibilities customarily exercised by a head
coach.
(c) Determination of Ineligibility.--An individual described in
subsection (a) who accepts employment, appointment, or designation as
head coach of a varsity sports team for intercollegiate football at
another institution during the same competitive season is ineligible to
participate in intercollegiate athletic competition for intercollegiate
football as head coach for the hiring institution through the
conclusion of the competitive season, including any postseason
competition, of the prior institution or the hiring institution,
whichever occurs later.
(d) Penalties for Non-compliance.--In the event an individual who
accepts employment, appointment, or designation as head coach of a
varsity sports team for intercollegiate football at another institution
violates this section, that individual shall be ineligible to assume
the duties as head coach of the varsity sports team for intercollegiate
football at the hiring institution for the subsequent competitive
season after the season in which the violation occurred and be subject
to additional penalties sufficient to ensure compliance with this
section.
(e) Application.--This section applies only to institutions that
compete in the Football Bowl Subdivision, as defined by bylaw 20.9.9 of
the National Collegiate Athletic Association, or a successor bylaw.
(f) Definitions.--In this section:
(1) Applicable intercollegiate athletic association.--The
term ``applicable intercollegiate athletic association'' means
only an intercollegiate athletic association that has at least
one member institution that is a member of the Football Bowl
Subdivision, as defined by bylaw 20.9.9 of the National
Collegiate Athletic Association, or a successor bylaw.
(2) Competitive season.--The term ``competitive season''
means the period beginning with the first regularly scheduled
intercollegiate athletic competition for intercollegiate
football for an institution during a season and ending with the
conclusion of the final intercollegiate athletic competition
for intercollegiate football for the institution during that
season.
(3) Football athletic personnel.--The term ``football
athletic personnel'' means any individual employed by,
contracted with, or otherwise engaged by an institution who
provides coaching, instruction, recruiting, roster management,
or training as the head coach or a coordinator, including an
offensive, defensive, or special teams coordinator, of student
athletes who are members of or participate with the varsity
sports team for intercollegiate football of the institution.
(4) Intercollegiate football.--The term ``intercollegiate
football''--
(A) means football played between institutions for
which eligibility requirements for participation by a
student athlete are established by an intercollegiate
athletic association; and
(B) does not include a recreational, intramural, or
club sport.
SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE ATHLETIC
ASSOCIATION GOVERNING BOARDS.
(a) In General.--Not less than 1/3 of the membership and voting
power of any board of directors or other governing board, or committees
with authority to establish and enforce rules or bylaws shall be
comprised of current student athletes or former student athletes who
have graduated from their institution during the preceding 10-year
period.
(b) Limitation.--
(1) A former student athlete who is a current or former
employee of an intercollegiate athletic association, a
conference, or a member institution may not count towards the
student athlete membership requirement pursuant to subsection
(a); and
(2) no member of any such board or committee shall vote on
any matter that presents a conflict of interest for such
member.
SEC. 112. TRANSFER PROTECTIONS.
An institution, a conference, an intercollegiate athletic
association, or any representative of such entity shall permit a
student athlete to transfer from one four-year institution to another
four-year institution--
(1) once without losing or delaying eligibility to
participate in intercollegiate sports;
(2) except as provided in paragraph (3), a second time with
a loss of eligibility to participate in intercollegiate sports
during the first academic year following the transfer; and
(3) additionally, without losing or delaying eligibility to
participate in intercollegiate sports, upon--
(A) discontinuation of a sport in which the student
athlete competes;
(B) the departure of the head coach of the student
athlete's varsity sports team;
(C) sexual assault or harassment of the student
athlete by an individual associated with the student
athlete's institution; or
(D) the student athlete pursuing a graduate degree.
SEC. 113. ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE SPORTS.
(a) In General.--An individual is eligible to participate on a
Division I or Division II (as defined by bylaw 20 of the National
Collegiate Athletic Association, or a successor bylaw) varsity sports
team or in intercollegiate athletic competition for a Division I or
Division II institution (as defined by bylaw 20 of the National
Collegiate Athletic Association, or a successor bylaw) if the
individual--
(1) is a student athlete;
(2) meets uniform academic standards established by the
relevant intercollegiate athletic association, conference, or
institution;
(3) is not a professional athlete; and
(4) complies with established rules that restrict
eligibility for violations of State or Federal law.
(b) Years of Eligibility.--
(1) In general.--Subject to paragraph (2), a student
athlete is eligible to compete in intercollegiate athletic
competition for a Division I or Division II institution (as
defined by bylaw 20 of the National Collegiate Athletic
Association, or a successor bylaw) for a maximum of 5 calendar
years beginning on, whichever occurs first--
(A) the beginning of the academic year following
the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls
full time at an institution.
(2) Exceptions.--Paragraph (1) does not apply during a
period of absence for any of the following:
(A) Reasons of pregnancy.
(B) Religious mission.
(C) Active-duty military service.
(D) Other periods of absence, which may include
serious athletic injury or medical condition, adopted
by rule or bylaw by an intercollegiate athletic
association that apply uniformly to all student
athletes.
(c) Restrictions on Eligibility.--
(1) In general.--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.
(2) Code of conduct.--An institution may restrict the
eligibility of a student athlete to participate in
intercollegiate sports if the student athlete violated the code
of conduct of the institution that applies to all students.
(d) Clarification on Youth Activities and Prize Money.--For
purposes of subsection (a)(3)--
(1) a student athlete who competes in basketball shall not
be considered a professional athlete based on their
participation in athletic competitions prior to, whichever
occurs first--
(A) the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls
full time at an institution; and
(2) a student athlete who competes in a sport other than
football or basketball shall not be considered a professional
athlete based solely on the amount of prize money the student
athlete received based on place finish or performance in an
athletic event before or after enrollment in an institution, so
long as--
(A) the prize money was provided only by the
sponsor of the athletics event; and
(B) the sponsor of the athletics event is not an
institution, employee of an institution, volunteer of
an institution, collective, or an associated entity.
(e) Transfer From 2-year Institution.--No intercollegiate athletic
association or conference shall require a student athlete who transfers
from a 2-year institution to a 4-year institution to meet additional or
more stringent academic standards than the academic standards required
for student athletes who transfer from a 4-year institution.
(f) Rule of Construction.--Nothing in this section shall be
construed to restrict the ability of an institution to--
(1) require student athletes to meet or maintain academic
standards that are in addition to, or more stringent than, the
standards described in subsection (a) if such standards are
required of all students enrolled at the institution;
(2) discipline or sanction a student athlete for violating
a rule, regulation, or code of conduct that applies to all
students enrolled at the institution; or
(3) discipline or sanction a student athlete for violating
a rule, regulation, or a code of conduct that applies to all
student athletes participating in intercollegiate athletic
competition at that institution.
SEC. 114. PROHIBITED COMPENSATION AND AGREEMENTS.
(a) Certain Agreements and Compensation Prohibited.--
(1) Prohibition.--An institution, an employee of an
institution, a volunteer of an institution, a conference, an
employee of a conference, or an associated entity shall not--
(A) except as provided in paragraph (2) and
subsection (b), arrange, provide, offer, or permit,
directly or indirectly, compensation in an amount that
would circumvent or result in the institution exceeding
the revenue share cap to--
(i) a student athlete, a group of student
athletes, or their family members; or
(ii) a prospective student athlete, a group
of prospective student athletes, or their
family members;
(B) except for a name, image, and likeness
agreement between a student athlete and an institution
or between a prospective student athlete and an
institution, enter into a name, image, and likeness
agreement with a student athlete or prospective student
athlete that is not--
(i) for a valid business purpose; and
(ii) commensurate with compensation paid by
third parties to individuals with a similar
profile, reputation, or notability who are not
student athletes or prospective student
athletes at the institution; or
(C) provide compensation for any purpose to a
prospective student athlete prior to enrollment in an
institution, but nothing in this subparagraph shall
prohibit an institution from providing compensation to
attend a development camp or program if that camp or
program is open to non-prospective student athletes and
such compensation does not exceed the reasonable costs
of attendance.
(2) Retention fund.--
(A) Retention fund exception.--Except as provided
in subparagraph (B), an institution may exceed the
revenue share cap by not more than $22,500,000 per
academic year for the purpose of retaining a student
athlete or group of student athletes who have spent at
least one full competitive season at the institution.
(B) Non-revenue generating intercollegiate sports
programs.--
(i) In general.--An institution may further
exceed the revenue share cap for the purpose
described in subparagraph (A) by up to an
additional $5,000,000 per academic year in
proportion to the amount of name, image, and
likeness compensation provided by the
institution through the revenue share cap
described in subsection (a)(1) and the
retention fund amount described in subparagraph
(A) to a student athlete or group of student
athletes competing in non-revenue generating
intercollegiate sports programs, including
women's and Olympic intercollegiate sports
programs.
(ii) Clarification.--Nothing in clause (i)
shall be interpreted to preclude an institution
from providing name, image, and likeness
compensation through the revenue share cap
described in subsection (a)(1) and the
retention fund amount described in subparagraph
(A) in excess of $5,000,000 to a student
athlete or group of student athletes competing
in non-revenue generating intercollegiate
sports programs, including women's and Olympic
intercollegiate sports programs, provided such
compensation complies with subparagraph (A) and
subsection (a)(1).
(C) Time limitation.--The exception described in
subparagraph (A) shall apply only during the nine-year
period beginning on the date of the enactment of this
Act.
(D) Academic success limitation.--An institution
shall not be eligible for the exception described in
subparagraph (A) if the institution fails to meet
uniform benchmarks established by the relevant
intercollegiate athletic association or conference
related to graduation rates and the academic progress
of its student athletes participating in a varsity
sports program.
(b) Personal Athletic and Education Benefits Permitted.--An
intercollegiate athletic association, a conference, an institution, or
any representative thereof shall not, pursuant to the Injunctive Relief
Settlement Agreement approved by the court in ``In Re College Athlete
NIL Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025), restrict
the ability of a student athlete enrolled at an institution to receive
compensation from an intercollegiate athletic association, an
institution, a conference, or an associated entity, for personal
benefits related to education or intercollegiate athletics, if those
benefits are--
(1) reasonable costs of transportation and temporary
lodging for family members of a student athlete while the
student athlete is experiencing a documented physical or mental
health concern or participating in an intercollegiate athletic
competition;
(2) reasonable costs for meals, shelter, medical coverage,
and medical expenses not provided or covered by the
institution; or
(3) reasonable education-related financial benefits, such
as institution fees, books, or other incidental educational
expenses that are not otherwise provided by the institution.
(c) Multimedia Rights Holders, Sponsors, Apparel Companies, and
Vendors.--In the case of a name, image, and likeness agreement
involving, or brokered by, a multimedia rights holder, or a sponsor of
the institution in which the student athlete is enrolled or plans to
enroll that has a commercial relationship with the institution, an
apparel company that has a commercial relationship with the
institution, or a vendor for the athletic department or athletic
facilities that has a commercial relationship with the institution--
(1) the multimedia rights holder shall provide a signed
certification to the intercollegiate athletic association or
its designated enforcement entity affirming that the
institution in which the student athlete is enrolled or plans
to enroll is not the originating source of the compensation to
be paid to the student athlete or prospective student athlete
and that payment of the compensation is not coming directly or
indirectly from the institution;
(2) the third party or the sponsor, apparel company, or
vendor benefitting from the name, image, and likeness of the
student athlete or prospective student athlete shall provide a
signed certification to the intercollegiate athletic
association or its designated enforcement entity affirming that
it is the originating source of the compensation to be paid to
the student athlete, that it did not receive funds, directly or
indirectly, from the institution in which the student athlete
is enrolled or plans to enroll for the purpose of financing the
agreement, that the institution did not forgo funds due from
the third party or the sponsor, apparel company, or vendor for
the purpose of financing the agreement, and that the
institution did not negotiate for and determine the amount of
compensation to be paid to the student athlete or prospective
student athlete through the agreement; and
(3) the institution at which the student athlete is
enrolled or plans to enroll, if required by the intercollegiate
athletic association or its designated enforcement entity,
shall provide a signed certification to the intercollegiate
athletic association or its designated enforcement entity that
the institution is not circumventing the revenue share cap
through the name, image, and likeness agreement, or negotiating
for and determining the amount of compensation to be paid to
the student athlete or prospective student athlete through the
agreement.
(d) Valid Business Purpose.--Except for a name, image, and likeness
agreement with an institution, a name, image, and likeness agreement
with a student athlete shall be for a valid business purpose.
(e) Payments to Coaches and Managers.--
(1) In general.--An institution described in paragraph (2)
may not compensate or otherwise provide or promise any type of
payment or benefit of more than $500,000 to any coach,
assistant coach, general manager, or other person who coaches
or manages a varsity sports team by using, diverting,
budgeting, or otherwise obtaining funds from any source other
than college sports revenue or a donation or contribution to
the athletic department of the institution.
(2) Institution described.--An institution described in
this paragraph is an institution with more than $80,000,000 in
total annual athletics revenue during the preceding academic
year.
(f) Institution Defined.--In this section, the term ``institution''
means--
(1) an institution of higher education, as that term is
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001); and
(2) an institution that is a party to, through membership
in a conference or otherwise, ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025), or has
opted in to the Injunctive Relief Settlement in that case.
SEC. 115. CONGRESSIONAL APPROVAL OF CONTINUATION OF REVENUE SHARE CAP
AND RETENTION FUND.
(a) Continuation Upon Congressional Approval.--
(1) Cessation absent approval.--Except as provided in
paragraph (2), if the covered settlement agreement expires or
terminates but no joint resolution of approval relating to the
notice of the expiration or termination is enacted into law
during the applicable congressional approval period, the
provisions of section 114 relating to the revenue share cap,
and, notwithstanding section 114(a)(2)(C), the retention fund,
shall--
(A) in the case of an expiration--
(i) cease to have force or effect on the
date of such expiration, if the applicable
congressional approval period ends before that
date; or
(ii) if the applicable congressional
approval period ends after the date of such
expiration, at the end of the applicable
congressional approval period; or
(B) in the case of a termination, remain in effect
without interruption notwithstanding such termination
until, and cease to have force or effect at, the end of
the applicable congressional approval period.
(2) Continuation upon approval.--If a joint resolution of
approval relating to the notice of the expiration or
termination is enacted into law, the provisions of section 114
relating to the revenue share cap and, only if specified in the
joint resolution of approval, the retention fund, in effect
immediately before such expiration or termination or at the
time the notice is provided to Congress pursuant to subsection
(b), subject to paragraph (3), shall continue in effect without
interruption beginning on the date of such expiration or
termination.
(3) Recalculation of revenue share cap dollar amount.--In
the first 2 years following a continuation under paragraph (2),
the revenue share cap shall increase by 4 percent each year
over the previous year's amount. In the third year following a
continuation under paragraph (2), and every 3 years thereafter,
the revenue share cap shall be recalculated based on 22 percent
of the Average Shared Revenue based on the most recent
Membership Financial Reporting System Reports available, or, if
the covered settlement agreement is modified, pursuant to the
amendment provision specified in paragraph 55 of that
settlement, pursuant to the calculation process in effect
immediately before the expiration or termination of the covered
settlement agreement or at the time the notice is provided to
Congress pursuant to subsection (b). In each of the 2 years
following each such recalculation, the revenue share cap shall
increase by 4 percent each year over the previous year's
amount. For purposes of this paragraph, all information used to
calculate the revenue share cap pursuant to the covered
settlement agreement, or as modified pursuant to the amendment
provision specified in paragraph 55 of that settlement, shall
be subject to a publicly available, independent third-party
audit to verify the accuracy of such information for purposes
of complying with this subsection.
(b) Notice to Congress.--
(1) Scheduled expiration.--Not later than 180 calendar days
before the date on which the covered settlement agreement is
scheduled to expire, the defendant parties, or in the case of
disagreement, a majority of defendant parties, to the covered
settlement agreement shall transmit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives a written notice of the scheduled expiration.
If the scheduled expiration date is established less than 180
calendar days before that date, any defendant party to the
covered settlement agreement shall transmit the notice not
later than 1 calendar day after the scheduled expiration date
is established.
(2) Early termination.--Not later than 1 calendar day after
the date on which the defendant parties to the covered
settlement become aware of a court order that provides for the
termination of the covered settlement agreement before its
scheduled expiration, any defendant party to the covered
settlement agreement shall transmit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives a written notice of the termination.
(3) Contents.--A notice under this subsection shall
include--
(A) the scheduled, expected, or actual date of the
expiration or termination, if known, and the basis for
the expiration or termination; and
(B) the dollar amounts and material terms of the
revenue share cap in effect, or expected to be in
effect, immediately before the expiration or
termination.
(4) Date of receipt.--Congress receives a notice under this
subsection on the date on which both the President pro tempore
of the Senate and the Speaker of the House of Representatives
receive the notice. In the event a notice is not provided to
Congress under this subsection, notice shall be deemed to have
been received by Congress not later than 3 calendar days after
the date of the expiration or termination of the covered
settlement agreement.
(5) Deemed receipt.--Notwithstanding paragraph (4), for
purposes of this section, a notice required under this
subsection received after the expiration or termination of the
covered settlement agreement shall be deemed to have been
received by Congress on the date on which covered settlement
agreement expired or terminated.
(c) Joint Resolution of Approval.--
(1) Applicable congressional approval period.--With respect
to a notice under subsection (b), the term ``applicable
congressional approval period'' means the 30-calendar-day
period beginning on the date on which Congress receives the
notice, except that the congressional approval period shall
immediately terminate upon the passage a of a joint resolution
of approval by the Senate and the House of Representatives.
(2) Joint resolution of approval.--For purposes of this
section, the term ``joint resolution of approval'' means only
any joint resolution--
(A) that is introduced not later than 10 calendar
days after the date on which Congress receives the
notice under subsection (b) to which the joint
resolution relates;
(B) that does not have a preamble;
(C) the title of which is either of the following:
(i) ``Joint resolution approving the
continuation of the revenue share cap and
retention fund under the Protect College Sports
Act of 2026''; or
(ii) ``Joint resolution approving the
continuation of the revenue share cap under the
Protect College Sports Act of 2026''; and
(D) the sole matter after the resolving clause of
which is either of the following:
(i) for a joint resolution with a title
described in subparagraph (C)(i): ``That
Congress approves, under section 115 of the
Protect College Sports Act of 2026, the
continuation, after the expiration or
termination described in the notice received by
Congress on __________, of the revenue share
cap and retention fund in effect immediately
before such expiration or termination or at the
time the notice was provided to Congress
pursuant to subsection (b) of that section, and
of the provisions of section 114 of such Act
relating to that cap and fund.''; or
(ii) for a joint resolution with a title
described in subparagraph (C)(ii): ``That
Congress approves, under section 115 of the
Protect College Sports Act of 2026, the
continuation, after the expiration or
termination described in the notice received by
Congress on __________, of the revenue share
cap in effect immediately before such
expiration or termination or at the time the
notice was provided to Congress pursuant to
subsection (b) of that section, and of the
provisions of section 114 of such Act relating
to that cap.''.
(3) Date in resolving text.--The date inserted in the blank
in paragraph (2)(D)(i) or (2)(D)(ii) shall be the date on which
Congress receives the notice under subsection (b) to which the
joint resolution relates.
(4) Introduction.--A joint resolution of approval may be
introduced in either House of Congress by any Member of that
House.
(d) Fast Track Consideration in House of Representatives.--
(1) Reconvening.--Upon receipt of a notice under subsection
(b), the Speaker of the House of Representatives, if the House
would otherwise be adjourned, shall notify the Members of the
House that, pursuant to this section, the House shall convene
not later than the second calendar day after receipt of the
notice.
(2) Referral, reporting, and discharge.--A joint resolution
of approval introduced in the House of Representatives shall be
referred to the Committee on Energy and Commerce. The committee
shall report the joint resolution to the House not later than
10 calendar days after the date on which Congress receives the
notice under subsection (b) to which the joint resolution
relates. If the committee fails to report the joint resolution
within that period, the committee shall be discharged from
further consideration of the joint resolution and the joint
resolution shall be referred to the appropriate calendar.
(3) Proceeding to consideration.--After the committee
referred to in paragraph (2) reports a joint resolution of
approval to the House or is discharged from its consideration,
it shall be in order, not later than the 16th day after the
date on which Congress receives the notice under subsection (b)
to which the joint resolution relates, to move to proceed to
consider the joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to proceed on
the joint resolution. The previous question shall be considered
as ordered on the motion to its adoption without intervening
motion. The motion shall not be debatable. A motion to
reconsider the vote by which the motion is disposed of shall
not be in order.
(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except 2
hours of debate equally divided and controlled by the proponent
and an opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(e) Fast Track Consideration in Senate.--
(1) Reconvening.--Upon receipt of a notice under subsection
(b), if the Senate has adjourned or recessed for more than 2
days, the majority leader of the Senate, after consultation
with the minority leader of the Senate, shall notify the
Members of the Senate that, pursuant to this section, the
Senate shall convene not later than the fifteenth calendar day
after receipt of the notice.
(2) Placement on calendar.--Upon introduction in the
Senate, a joint resolution of approval shall be placed
immediately on the calendar.
(3) Floor consideration.--
(A) In general.--It is in order at any time during
the period beginning on the 10th day after the date on
which Congress receives the notice under subsection (b)
to which the joint resolution relates to move to
proceed to the consideration of the joint resolution.
The motion to proceed is privileged and not debatable.
All points of order against the joint resolution and
against consideration of the joint resolution are
waived. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution
shall remain the unfinished business until disposed of.
(B) Debate.--Except as otherwise provided in this
paragraph, the joint resolution shall be debatable and
shall be subject to rule XXII of the Standing Rules of
the Senate. If cloture is invoked on the joint
resolution, post-cloture consideration of the joint
resolution shall be limited to not more than 10 hours,
which shall be divided equally between the majority and
minority leaders or their designees. After cloture is
invoked, a motion further to limit debate is in order
and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration
of other business, or a motion to recommit, the joint
resolution is not in order.
(C) Vote on passage.--After cloture is invoked on
the joint resolution, the vote on passage shall occur
immediately following the conclusion of the period of
post-cloture consideration under subparagraph (B) and,
if requested in accordance with the rules of the
Senate, a single quorum call.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a joint resolution shall be decided without
debate.
(f) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of approval of
that House, that House receives from the other House a joint
resolution of approval relating to the same notice under
subsection (b), the following procedures shall apply:
(A) The joint resolution of the other House shall
not be referred to a committee.
(B) With respect to the joint resolution of the
House receiving the joint resolution--
(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
(ii) the vote on passage shall be on the
joint resolution of the other House.
(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider a joint resolution of
approval under this section, the joint resolution of approval
of the other House shall be entitled to expedited floor
procedures under this section.
(3) Treatment of companion measures.--If, following passage
of a joint resolution of approval in the Senate, the Senate
then receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
(4) Rules of house of representatives and senate.--This
subsection and subsections (c), (d), and (e) are enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such are deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of a joint resolution of approval, and supersede
other rules only to the extent that they are
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules, so far as
relating to the procedure of that House, at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
(g) Covered Settlement Agreement Defined.--In this section, the
term ``covered settlement agreement'' means the Injunctive Relief
Settlement Agreement approved by the court in ``In Re College Athlete
NIL Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025) or as
modified pursuant to the amendment provision specified in paragraph 55
of that settlement.
SEC. 116. COMMISSION ON THE FUTURE OF COLLEGE ATHLETICS.
(a) Commission on the Future of College Athletics.--
(1) In general.--There is established within the
legislative branch a commission, to be known as the
``Congressional Commission on the Future of College Athletics''
(referred to in this section as the ``Commission''), for the
purpose of providing recommendations on the future of college
athletics.
(2) Purpose.--The purpose of the commission is to provide
recommendations for the future of college athletics.
(b) Membership.--
(1) Composition.--Subject to paragraph (2), the Commission
shall be composed of 24 members, of whom--
(A) 4 members shall be appointed by the chair of
the Committee on Commerce, Science, and Transportation
of the Senate, in consultation with the chair of the
Committee on Health, Education, Labor, and Pensions of
the Senate, of which at least 1 member shall be a
student athlete or former student athlete;
(B) 4 members shall be appointed by the ranking
member of the Committee on Commerce, Science, and
Transportation of the Senate, in consultation with the
ranking member of the Committee on Health, Education,
Labor, and Pensions of the Senate, of which at least 1
member shall be a student athlete or former student
athlete;
(C) 4 members shall be appointed by the chair of
the Committee on Energy and Commerce of the House of
Representatives, in consultation with the chair of the
Committee on Education and Workforce of the House of
Representatives, of which at least 1 member shall be a
student athlete or former student athlete;
(D) 4 members shall be appointed by the ranking
member of the Committee on Energy and Commerce of the
House of Representatives, in consultation with the
ranking member of the Committee on Education and
Workforce of the House of Representatives, of which at
least 1 member shall be a student athlete or former
student athlete;
(E) 1 member shall be a current or former student
athlete appointed by the majority leader of the Senate,
in consultation with the chair of the Committee on
Commerce, Science, and Transportation of the Senate and
the chair of the Committee on Health, Education, Labor,
and Pensions of the Senate;
(F) 1 member shall be a current or former student
athlete appointed by the minority leader of the Senate,
in consultation with the ranking member of the
Committee on Commerce, Science, and Transportation of
the Senate and the ranking member of the Committee on
Health, Education, Labor, and Pensions of the Senate;
(G) 1 member shall be a current or former student
athlete appointed by Speaker of the House of
Representatives, in consultation with the chair of the
Committee on Energy and Commerce of the House of
Representatives and the chair of the Committee on
Education and Workforce of the House of
Representatives;
(H) 1 member shall be a current or former student
athlete appointed by the minority leader of the House
of Representatives, in consultation with the ranking
member of the Committee on Energy and Commerce of the
House of Representatives and the ranking member of the
Committee on Education and Workforce of the House of
Representatives;
(I) 1 member shall be a representative of a
historically Black college or university, appointed by
the majority leader of the Senate;
(J) 1 member shall be a representative of a
historically Black college or university, appointed by
the Speaker of the House of Representatives;
(K) 1 member shall be a representative of a mid-
sized conference, appointed by the majority leader of
the Senate; and
(L) 1 member shall be a representative of a mid-
sized conference, appointed by the Speaker of the House
of Representatives.
(2) Requirements.--Members of the Commission shall be
individuals who are nationally recognized for expertise,
knowledge, or experience in matters related to college
athletics, university administration, sports law, labor law,
athlete welfare, sports economics, health care, or sports
medicine.
(3) Co-chairs, executive director, and staff.--
(A) Co-chairs.--The Commission shall have 2 co-
chairs, of whom--
(i) 1 co-chair shall be a member selected
by the majority party; and
(ii) 1 co-chair shall be a member selected
by the minority party.
(B) Executive director and staff.--The co-chairs of
the Commission shall appoint an executive director of
the Commission and such staff as appropriate, with
compensation.
(4) Historically black college or university defined.--In
this subsection, the term ``historically Black college or
university'' has the meaning given the term ``part B
institution'' in section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061).
(5) Mid-sized conference defined.--In this subsection, the
term ``mid-sized conference'' means any conference that has
generated less than $500,000,000 in total annual revenue during
the preceding academic year.
(c) Authority.--The Commission may, for the purpose of carrying out
the duties of the Commission--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Commission considers relevant to
the purpose of the Commission; and
(2) require, by subpoena issued upon a majority vote of the
Commission, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents as the Commission considers
relevant to the purpose of the Commission, provided that the
Commission shall take such action as may be necessary and
appropriate to preserve the confidentiality of trade secrets or
other confidential information of conferences, intercollegiate
athletic associations, institutions, or other entities the
Commission deems appropriate.
(d) Duties.--The duties of the Commission are as follows:
(1) To study and develop recommendations regarding--
(A) an alternative structure for providing
compensation for student athletes, including
consideration of the positive and negative implications
associated with a collective bargaining structure and
employment status for student athletes;
(B) protecting and preserving athletic
opportunities for student athletes, particularly in
non-revenue generating, women's, and Olympic sports
intercollegiate athletic programs;
(C) whether any intercollegiate sport should be
subject to spending or cost limitations;
(D) whether to eliminate, extend, or change the
revenue share cap and retention fund described in
section 114(a)(2), including consideration of the
calculation of the revenue share cap and additional
categories of revenue that should be included in such
calculation;
(E) compliance with endorsement contract reporting
requirements established by an athletic association or
a conference;
(F) adequacy of health, wellness, and safety
standards established pursuant to this title and
compliance with those standards by institutions,
including a review of violations of this title, student
athlete injuries, student athlete deaths, the adequacy
of the independent reporting structure of the athletic
health and safety officers, and the independence of
medical personnel decisions, and consideration of
options for additional health, wellness, and safety
standards and increased oversight (including by a
third-party oversight organization) to improve
compliance and enforcement of health, wellness, and
safety standards;
(G) the adequacy of the athlete agent provisions of
this title;
(H) the extent to which student athletes experience
abuse or mistreatment and measures that could protect
student athletes from such abuse or mistreatment,
including consideration of options for greater
oversight (including by a third-party oversight
organization) to reduce instances of abuse and
mistreatment;
(I) the benefits of the intercollegiate athletic
system, including consideration of how the balance of
education and athletics impacts the life skills,
educational opportunities, leadership skills, character
development, and personal growth of the student
athlete;
(J) within the Student Athlete Retention Council
established under subsection (e), whether the retention
fund exception under section 114(a)(2)(A) should be
adjusted after the date of the enactment of this Act,
and if so, the amount of annual compensation that
should be subject to the retention fund exception;
(K) the opportunities and drawbacks with providing
student athletes a method to derive long term financial
stability through financial interest in the value of a
collegiate athletic program; and
(L) any other recommendations regarding
intercollegiate athletics.
(2) To draft a joint resolution of approval under
subsection (j) that provides for implementation of the
recommendation of the Commission on whether to eliminate,
raise, or lower the Pool Benefits Limit in section 114(a).
(3) Not later than 30 months after the date of the
enactment of this Act, to submit a preliminary report on the
Commission's findings related to matters under paragraph (1)
to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) the President.
(4) Not later than 5 years after the date of the enactment
of this Act, to submit a report on the activities of the
Commission, including recommendations for such legislative
action as the Commission considers appropriate, to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) the President.
(e) Student Athlete Retention Council.--
(1) In general.--There is established within the Commission
a council, to be known as the ``Student Athlete Retention
Council'', for the purposes of providing recommendations
pursuant to subsection (d)(1)(J) on the future of the retention
fund exception under section 114(a)(2)(A).
(2) Membership.--The Student Athlete Retention Council
shall be composed of 16 members, of whom--
(A) 8 shall be representatives of Division I
institutions, with not more than one institution coming
from the same conference; and
(B) 8 shall be student athletes elected by all
Division I student athletes.
(3) Authority.--The Student Athlete Retention Council may
sit and act at such times and places as necessary for the
purpose of providing recommendations specified in subsection
(d)(1)(J).
(f) Quorum.--Twelve members of the Commission, of which 5 members
shall be current or former student athletes, shall constitute a quorum.
(g) Initial Meeting.--The Commission shall hold an initial meeting
not later than 30 days after the date on which a sufficient number of
members have been appointed under subsection (b) to constitute a quorum
pursuant to subsection (f).
(h) Public Hearings.--The Commission shall hold 1 or more public
hearings.
(i) Status.--The Commission is not an agency (as defined in section
551 of title 5, United States Code).
(j) Joint Resolution.--Any Member of Congress may introduce a joint
resolution for consideration to adopt any of the recommendations of the
Commission, in whole or in part, including any recommendations from the
Commission on whether to eliminate, raise, or lower the Pool Benefits
Limit.
(k) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits the report required by this
section.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission such sums as may be necessary in any
fiscal year, half of which shall be derived from the applicable account
of the House of Representatives and half of which shall be derived from
the contingent fund of the Senate.
SEC. 117. RECRUITMENT AND TAMPERING.
An intercollegiate athletic association may enforce provisions on
recruitment and tampering of student athletes or prospective student
athletes before and during their eligibility for intercollegiate
athletic competition that--
(1) prohibit an institution, an employee of an institution,
a conference, an employee of a conference, or an associated
entity from contacting a student athlete who is enrolled at or
committed to another institution for the purpose of recruiting
that student athlete to transfer to or enroll at an institution
except for during a reasonable period (or periods) of time
established for each intercollegiate sport that in no case
shall be less than 2 weeks or greater than 5 weeks starting
after the last intercollegiate athletic competition in an
academic year in the intercollegiate sport in which the student
athlete competes and in which student athletes from the same
intercollegiate athletic association competed;
(2) prohibit an athlete agent from contacting an
institution, employee of an institution, or associated entity
on behalf of a student athlete who is enrolled at or committed
to another institution for the purpose of facilitating the
transfer or enrollment of the student athlete at the contacted
institution except for during a reasonable period (or periods)
of time for each intercollegiate sport that in no case shall be
less than 2 weeks or greater than 5 weeks starting after the
last intercollegiate athletic competition in an academic year
in the intercollegiate sport in which the student athlete
competes and in which student athletes from the same
intercollegiate athletic association competed;
(3) prohibit an institution, an employee of an institution,
a conference, an employee of a conference, or an associated
entity from contacting a prospective student athlete, who has
not enrolled in an institution, for the purpose of recruiting
that prospective student athlete to attend an institution as a
student athlete except for during a reasonable period (or
periods) of time established for each sport that in no case
shall be less than 2 weeks or greater than 5 weeks;
(4) prohibit an athlete agent from contacting an
institution, employee of an institution, or associated entity
on behalf of a prospective student athlete, who has not
enrolled in an institution, for the purpose of facilitating the
enrollment of the prospective student athlete at an institution
as a student athlete except for during a reasonable period (or
periods) of time for each sport that in no case shall be less
than 2 weeks or greater than 5 weeks;
(5) prohibit an institution, an employee of an institution,
a conference, an employee of a conference, an associated
entity, or an athlete agent from recruiting or contacting a
student athlete or prospective student athlete who has not
affirmatively opted in to receive such recruitment or contact;
(6) prohibit an institution, an employee of an institution,
a volunteer of an institution, an associated entity, an athlete
agent, a conference, an employee of a conference, or a
volunteer of a conference from inducing a student athlete or a
prospective student athlete to enroll at an institution or
transfer to an institution by offering compensation to a
student athlete in violation of any of paragraphs (1) through
(5); or
(7) notwithstanding paragraph (1) or (2) of this section,
ensure that a student athlete permitted to transfer under one
or more of the exceptions specified in section 112(3) may
affirmatively opt in to receive recruitment or contact at a
time outside the times described in paragraphs (1) and (2) of
this section for the purpose of transferring pursuant to one or
more of such exceptions.
SEC. 118. LIMITATION ON LIABILITY.
(a) In General.--It shall not be unlawful under the antitrust laws
for an intercollegiate athletic association, a conference, or an
institution to enforce or comply with, including through rules or
bylaws--
(1) section 114;
(2) section 115;
(3) section 113;
(4) sections 101(a)(3) and 101(b)(1) and subparagraphs (A)
and (B) of section 101(b)(2);
(5) section 117;
(6) section 112;
(7) rules, bylaws, or requirements of an intercollegiate
athletic association that determine whether a specific
institution is selected to participate in a championship or
tournament if the process for selecting participants is not
entitled to antitrust exemption under this subsection;
(8) section 103; and
(9) section 110.
(b) Sanctions by an Intercollegiate Athletic Association.--It shall
not be unlawful under the antitrust laws for an intercollegiate
athletic association or conference to, including through rules or
bylaws--
(1) impose a fine against an institution, an employee, or
volunteer of an institution, a conference, an employee of a
conference, or an associated entity for a violation of sections
110, 112, 113, 114, 115, or 117;
(2) restrict an institution, employee or volunteer of an
institution, a conference, or an employee of a conference, from
participation in intercollegiate athletic competition,
including championships or tournaments, for a violation of
sections 110, 112, 113, 114, 115, or 117;
(3) restrict the eligibility of a student athlete who--
(A) is not eligible to participate in
intercollegiate athletic competition or participate on
a varsity sports team under section 113;
(B) has transferred to an institution in a manner
that does not comply with section 112; or
(C) has received compensation in contravention of
section 114 or section 115; or
(4) decertify an athlete agent for violations of section
103 or the amendments made by section 102.
(c) Requirements for an Intercollegiate Athletic Association.--An
intercollegiate athletic association shall not be entitled to the
antitrust exemptions set forth in subsections (a) and (b) unless the
intercollegiate athletic association has established rules, bylaws, or
other regulations implementing paragraphs (1) through (9) of subsection
(a) and paragraphs (1) through (4) of subsection (b).
(d) Designation of Entity.--
(1) In general.--An intercollegiate athletic association or
conference may designate an entity under its control pursuant
to the Injunctive Relief Settlement Agreement approved by the
court in ``In Re College Athlete NIL Litigation'', No. 20-cv-
03919 (N.D. Cal. June 6, 2025) for which it shall not be
unlawful to enforce or comply with section 114.
(2) Notice and comment requirement.--If an entity
designated under paragraph (1) proposes to issue a measure,
rule, guidance, or policy interpreting or implementing the
Injunctive Relief Settlement Agreement approved by the court in
``In Re College Athlete NIL Litigation'', No. 20-cv-03919 (N.D.
Cal. June 6, 2025), the designated entity shall give reasonable
prior notice and an opportunity to comment to the defendant
parties in ``In Re College Athlete NIL Litigation''.
SEC. 119. PRIVATE RIGHT OF ACTION.
(a) Violations.--A person may file a civil action in an appropriate
district court of the United States or in an appropriate State court
only for a violation of the following:
(1) Subsections (a) and (c) of section 101.
(2) Section 104.
(3) Section 105.
(4) Section 106.
(5) Section 107.
(6) Section 108.
(7) Section 109.
(8) Section 111.
(9) Section 112, only to the extent the claim--
(A) alleges an intercollegiate athletic
association, a conference, or an institution has not
complied with the transfer standard set forth in
section 112;
(B) is filed against a Division I, Division II, or
Division III institution, as defined by bylaw 20 of the
National Collegiate Athletic Association as of the date
of the enactment of this Act, or an intercollegiate
athletic association or a conference comprised of any
such institutions; and
(C) is filed in an appropriate district court of
the United States.
(10) Section 113, only to the extent the claim--
(A) alleges an intercollegiate athletic
association, a conference, or an institution has not
complied with the eligibility standard set forth in
section 113;
(B) is filed against a Division I or Division II
institution, as defined by bylaw 20 of the National
Collegiate Athletic Association as of the date of the
enactment of this Act, or an intercollegiate athletic
association or a conference comprised of any such
institutions; and
(C) is filed in an appropriate district court of
the United States.
(11) Section 114(b).
(b) Limitation.--The protection from antitrust liability set forth
in section 118 shall not be limited by a private right of action filed
under subsection (a).
(c) Relief.--In a civil action brought under subsection (a) in
which the plaintiff prevails, the court may award the plaintiff--
(1) actual damages; and
(2) any other relief, including equitable relief or
declaratory relief, that the court determines appropriate
(including attorney's fees, if otherwise allowed under
applicable law).
(d) Limitation on Pre-dispute Agreements and Waivers.--
(1) Pre-dispute arbitration agreement.--
(A) In general.--Notwithstanding any other
provision of law, no intercollegiate athletic
association, conference, or institution shall include a
pre-dispute arbitration agreement (as defined in
section 401 of title 9, United States Code) in an
agreement with a student athlete regarding a provision
of this title or an amendment made to this title.
(B) Treatment of claim.--If a claim for a violation
of this title arises, a student athlete has the option
to arbitrate the dispute if the intercollegiate
athletic association, conference, or institution agrees
to the arbitration.
(2) Pre-dispute joint-action waiver.--Notwithstanding any
other provision of law, no intercollegiate athletic association
or conference shall enforce a pre-dispute joint-action waiver
(as defined in section 401 of title 9, United States Code)
against a student athlete or group of student athletes with
respect to a dispute arising under this title or an amendment
made to this title, so long as there are not fewer than 7 named
plaintiffs.
(e) Disputes Arising From Enforcement of Injunctive Relief
Settlement.--Notwithstanding subsection (d)--
(1) a claim made by any entity or individual subject to the
injunctive relief provisions in ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025),
regarding whether a name, image, or likeness agreement is for a
valid business purpose shall follow the procedure set forth in
article 6, section 2, of such settlement; and
(2) in any dispute regarding whether an institution, an
employee of an institution, a volunteer of an institution, a
conference, an employee of a conference, or an associated
entity complied with paragraph (1) or (2) of section 114(a), an
institution, an employee of an institution, a volunteer of an
institution, a conference, an employee of a conference, or an
associated entity shall follow the procedure set forth in
article 6, section 2 of ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025).
(f) Notice Requirement for Civil Actions.--
(1) In general.--A civil action may be brought by a person
under this section only if, prior to filing such action, the
plaintiff provides to the defendant 30 days written notice
identifying the specific provisions set forth in subsection (a)
that the plaintiff alleges have been or are being violated.
(2) Effect of cure.--In the event a cure is possible, if,
within the 30-day period under paragraph (1), the defendant
cures the violation and provides the plaintiff with an express
written statement that the violation has been cured and no such
further violation shall occur, an action shall not be
permitted.
(3) Exception.--Paragraphs (1) and (2) shall not apply to
any civil action that is based in whole or in part on
allegations of physical injury, death, or sexual abuse or
misconduct.
SEC. 120. WHISTLEBLOWER PROTECTION.
(a) In General.--No institution, conference, or intercollegiate
athletic association, or any agent thereof, may discharge, demote,
suspend, withdraw or reduce benefits from, threaten, harass, or in any
other manner discriminate against an employee, a student athlete, a
prospective student athlete, a former student athlete, a contractor, a
subcontractor, a service provider, or an agent of an institution, a
conference, or an intercollegiate athletic association because of any
lawful act done by such individual--
(1) to provide information to, or cause information to be
provided to, an agency of the Federal Government, an agency of
State government, Congress, or any law enforcement agency
regarding any act or omission that such individual reasonably
believes to be a violation of this title or title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding filed or about to be filed
relating to an alleged violation of this title or title IX of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
(b) Enforcement Action.--
(1) In general.--An individual aggrieved by a violation of
subsection (a) may bring an action in the appropriate district
court of the United States for the relief set forth in
paragraph (2).
(2) Relief.--An individual prevailing in any action under
paragraph (1) may obtain--
(A) compensatory damages and the cost of the
action, including reasonable attorney's fees and other
litigation costs reasonably incurred;
(B) in addition to any other relief available at
law, equitable relief that may be necessary or
appropriate to correct a violation of subsection (a) or
make the individual whole again;
(C) temporary relief while the case is pending; and
(D) if the prevailing individual is an employee--
(i) reinstatement with the same seniority
status that the individual would have had, but
for the discrimination; and
(ii) backpay otherwise owed to the
individual, with interest.
(c) Rights Retained by Individual.--Nothing in this section shall
be construed to diminish the rights, privileges, or remedies of any
individual under any Federal or State law, or under any labor contract.
(d) Nonenforceability of Certain Provisions Waiving Rights and
Remedies or Requiring Arbitration of Disputes.--
(1) Waiver of rights and remedies.--The rights and remedies
provided for in this section may not be waived by any
agreement, policy form, condition of employment, or athletic
agreement or participation.
(2) Predispute arbitration agreements.--No predispute
arbitration agreement shall be valid or enforceable if the
agreement requires arbitration of a dispute arising under this
section.
SEC. 121. RELATIONSHIP TO EXISTING LAW.
(a) In General.--No State or political subdivision of a State may
adopt, maintain, enforce, or continue in effect any law, regulation,
rule, requirement, or standard that--
(1) conflicts with any provision of this title that would
prevent compliance with this title; or
(2) governs, regulates, or invalidates policies or rules of
an institution, a conference, or an intercollegiate athletic
association that regulates--
(A) the compensation to a student athlete or
prospective student athlete for the use of their name,
image, or likeness, except as necessary to comply with
this title;
(B) transfers of student athletes between
institutions; or
(C) any provision described in subsection (a)(1)-
(3) or (b) of section 113 relating to the eligibility
of a student athlete to participate in intercollegiate
athletics.
(b) Preservation of State Laws.--The following State laws, rules,
regulations, or requirements, or common law rights or remedies shall
not be preempted, displaced, or supplanted:
(1) Except to the extent that such law, rule, regulation,
requirement, or common law right or remedy conflicts with
subsection (a), the following:
(A) Uniform Athlete Agent Acts.
(B) Civil rights laws.
(C) Tort law, unless otherwise specified in
paragraph (2).
(D) Criminal law, unless otherwise specified in
paragraph (2).
(E) Laws that relate to privacy or data breach.
(F) Contract law.
(G) Trademark law.
(H) Copyright law.
(I) Consumer protection law, unless otherwise
specified in paragraph (2).
(2) Except to the extent that such law, rule, regulation,
or requirement, or common law right or remedy conflicts with
subsection (a)(2), any law, rule, regulation, or requirement,
or common law right or remedy, whether statutory or common law,
that gives rise to a cause of action for the following:
(A) Personal injury, including psychological
injury.
(B) Wrongful death.
(C) Property damage.
(D) Sexual assault.
(E) Harassment.
(F) Fraud.
(G) Injury resulting from abuse or hazing of a
student athlete, including physical or sexual abuse.
(H) Injury resulting from deficient student or
campus safety measures.
(I) Injury resulting from a failure to provide
greater protections to student athletes than those
provided by the health, wellness, and safety standards
under subsections (a)(1)-(4) or (b)(1)-(2) of section
107.
(J) Any related cause of action that is derivative
of any of subparagraphs (A) through (I).
(c) Rule of Construction.--To the extent liability for violations
of the antitrust laws is not limited by this title, subsection (a)
shall not be construed to preempt, displace, or supplant the antitrust
laws.
SEC. 122. NEUTRALITY ON EMPLOYEE OR NON-EMPLOYEE STATUS.
This title is neutral on, and does nothing to alter, employee or
non-employee status for student athletes.
SEC. 123. APPLICABILITY.
(a) Section 113(c)(1)(B) shall apply with respect to any action or
proceeding that is pending on or commenced on or after the date of the
enactment of this Act.
(b)(1) Except as provided in subsection (a), the provisions of this
Act shall not apply to any action or proceeding commenced prior to the
effective date of this Act.
(2) Exceptions.--Nothing in subsection (b) shall be construed to--
(A) allow a student athlete eligibility to participate on a
Division I or Division II varsity sports team or in
intercollegiate athletic competition for a Division I or
Division II institution for more than a total of 5 years; or
(B) undermine the Benefits Pool Limit set forth in the
Injunctive Relief Settlement Agreement approved by the court in
``In Re College Athlete NIL Litigation'', No. 20-cv-03919 (N.D.
Cal. June 6, 2025), or as modified pursuant to the amendment
provision specified in paragraph 55 of that settlement, unless
such outcome is the result of legal proceedings in the In Re
College Athlete NIL Litigation, No. 20-cv-03919, or any appeal
of legal proceedings in the In Re College Athlete NIL
Litigation, No. 20-cv-03919.
(c) Except as provided in subsection (a), nothing in this Act shall
be construed to extinguish, impair, or otherwise limit a claim for
monetary relief arising from conduct that occurred before the date of
the enactment of this Act.
SEC. 124. SEVERABILITY.
If any provision of this title, or an amendment made by this title,
is determined to be unenforceable or invalid, the remaining provisions
of this title and the amendments made by this title shall not be
affected.
SEC. 125. PROTECTION OF WOMEN'S SPORTS AND OLYMPIC SPORTS.
(a) In General.--An intercollegiate athletic association or
conference comprised of Division I institutions, as defined by bylaw
20.9 of the National Collegiate Athletic Association, or a successor
bylaw, shall not reduce the minimum intercollegiate athletic
competitions, minimum participants on a varsity sports team, or the
number of varsity sports teams, including the number of men's and
women's varsity sports teams or Olympic varsity sports teams, that an
institution must sponsor for membership within--
(1) Division I of the National Collegiate Athletic
Association, as defined by bylaw 20.9 of the National
Collegiate Athletic Association, or a successor bylaw; or
(2) the Football Bowl Subdivision, as defined by bylaw
20.9.9 of the National Collegiate Athletic Association, or
successor bylaw.
(b) Large-sized Institutions.--
(1) In general.--Except as provided in paragraph (2), an
intercollegiate athletic association or conference comprised of
institutions shall provide that each institution shall,
consistent with applicable intercollegiate athletic association
rules, offer and maintain at least as many total grant-in-aid
opportunities and total roster spots for non-revenue generating
intercollegiate sports programs, including women's and Olympic
intercollegiate sports programs, during each academic year as
the member institution provided during academic year 2024-2025.
(2) Waiver.--
(A) In general.--An institution may be granted a
waiver from compliance with paragraph (1) for not more
than one academic year at a time by an intercollegiate
athletic association if the institution provides
evidence that--
(i) annual athletics revenues have declined
not less than 15 percent based on the average
of the preceding three academic years, and
total grant-in-aid accounts for not less than
45 percent of the total expenses of the
athletic department of the institution;
(ii) compliance with paragraph (1) would
materially impair the ability of the
institution to comply with Federal law; or
(iii) there are extraordinary circumstances
relating to financial hardship, including from
a natural disaster, act of war, or another
catastrophe, that are beyond the control of the
institution or materially impair the ability of
the institution to comply with paragraph (1).
(B) Condition.--As a condition of seeking a waiver
under subparagraph (A)(i), an institution shall first
reduce the total compensation of the coaching staff of
its revenue-generating varsity sports programs by the
same proportion as any planned reduction in
expenditures for its non-revenue generating
intercollegiate sports programs during the waiver
period.
(3) Definitions.--In this subsection:
(A) Institution.--The term ``institution'' means an
institution, as defined by bylaw 20.9 of the National
Collegiate Athletic Association, or a successor bylaw,
that, upon the date of the enactment of this Act,
reports, as required under section 485(g) of the Higher
Education Act of 1965 (20 U.S.C. 1092(g)), having
generated not less than $80,000,000 in total annual
athletics revenue during the preceding academic year.
(B) Non-revenue generating intercollegiate sports
program.--the term ``non-revenue generating
intercollegiate sports program'' means an
intercollegiate sports program at an institution for
which, during an academic year, the revenues generated
specifically attributable to that sports program are
less than the direct and allocated operating expenses
of that sports program.
(4) Sunset.--This subsection shall terminate on the date
that is 9 years after the date of the enactment of this Act.
(c) Transitional Protection for Women's and Olympic Sports at Mid-
sized Institutions.--
(1) In general.--Except as provided in paragraph (2), an
intercollegiate athletic association or conference comprised of
covered mid-sized institutions shall provide that each such
institution shall, consistent with applicable intercollegiate
athletic association rules, offer and maintain at least as many
total grant-in-aid opportunities and total roster spots for
non-revenue generating intercollegiate sports programs,
including women's and Olympic intercollegiate sports programs,
during each academic year as the institution provided during
academic year 2024-2025.
(2) Exemptions.--An institution shall be exempt from the
requirement under paragraph (1) for an academic year if--
(A) the total annual athletics revenue of the
institution, as reported under section 485(g) of the
Higher Education Act of 1965 (20 U.S.C. 1092(g)),
declined by not less than 15 percent from the
immediately preceding academic year;
(B) the institution petitions the relevant
intercollegiate athletic association for, and is
granted, an exemption based on a demonstrable financial
hardship;
(C) compliance with that paragraph would materially
impair the ability of the institution to comply with
Federal law; or
(D) there are extraordinary circumstances relating
to financial hardship, including from a natural
disaster, act of war, or other circumstance that is
beyond the control of the institution or materially
impair the ability of the institution to comply with
that paragraph.
(3) Covered mid-sized institution defined.--In this
subsection, the term ``covered mid-sized institution'' means an
institution, as defined by bylaw 20.9 of the National
Collegiate Athletic Association, or a successor bylaw, that,
upon the date of the enactment of this Act, reports, as
required under section 485(g) of the Higher Education Act of
1965 (20 U.S.C. 1092(g)), having generated not less than
$50,000,000 but less than $80,000,000 in total annual athletics
revenue during the preceding academic year.
(4) Sunset.--This subsection shall terminate on the date
that is 4 years after the date of the enactment of this Act.
(d) Clarification of Flexibility.--Nothing in this section may be
construed to prevent an institution or a covered mid-sized institution
from modifying or substituting which varsity sports it sponsors, or the
number of roster spots and grant-in-aid opportunities on each varsity
sport, so long as the institution--
(1) complies with bylaw 20.9 of the National Collegiate
Athletic Association, or a successor bylaw, or bylaw 20.9.9 of
the National Collegiate Athletic Association, or a successor
bylaw; and
(2) as applicable under subsections (b) and (c), offers and
maintains at least as many total grant-in-aid opportunities and
total roster spots for non-revenue generating intercollegiate
sports programs during each academic year as the institution
provided during academic year 2024-2025.
(e) Clarification of Walk-on Athlete Eligibility for Para
Athletes.--
(1) In general.--Notwithstanding any provision of this
Act--
(A) an institution and the athletic director of an
institution shall retain full authority to include para
athletes on their roster spots for intercollegiate
sports as walk-on athletes;
(B) subparagraph (A) does not constitute a
violation of roster or scholarship limits for
intercollegiate sports covered under this Act or under
``In Re College Athlete NIL Litigation'', No. 20-cv-
03919 (N.D. Cal. June 6, 2025); and
(C) para athletes included as walk-on athletes
shall not be counted toward any roster cap or
scholarship count established for that intercollegiate
sport.
(2) Definitions.--In this subsection:
(A) Para athlete.--The term ``para athlete'' means
a nationally or internationally classified athlete
eligible to compete in the Paralympic Games pursuant to
qualifications determined by the United States Olympic
and Paralympic Committee under chapter 2205 of title
36, United States Code.
(B) Walk-on athlete.--The term ``walk-on athlete''
means an enrolled student athlete who participates on a
sport roster without receiving athletics-based
scholarship aid.
SEC. 126. MID-SIZED CONFERENCE REPRESENTATION ON INTERCOLLEGIATE
ATHLETIC ASSOCIATION GOVERNING BOARDS.
(a) In General.--An intercollegiate athletic association, of which
a mid-sized conference is a member, shall ensure any board of directors
or other governing board of the intercollegiate athletic association,
or any committee of the intercollegiate athletic association with
authority to establish and enforce rules or bylaws, is comprised of
adequate representation by mid-sized conferences.
(b) Mid-sized Conference Defined.--In this section, the term ``mid-
sized conference'' means any conference that has generated less than
$500,000,000 in total annual revenue during the preceding academic
year.
SEC. 127. TITLE IX SAVINGS CLAUSE.
Nothing in this title or the amendments made by this title shall be
construed to override, modify, or amend the applicability of title IX
of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
SEC. 128. PROTECTING OPPORTUNITIES FOR AMERICAN STUDENT ATHLETES.
It is the policy of the United States that any institution of
higher education participating in intercollegiate athletics should
prioritize domestic students in the selection of student athletes and
the awarding of athletic opportunities, including grant-in-aid and
roster positions, on the varsity sports teams of that institution.
SEC. 129. DISCLOSURE OF FOREIGN FINANCING OF INTERCOLLEGIATE ATHLETICS.
(a) Disclosure to Intercollegiate Athletic Association.--
(1) In general.--A covered person shall disclose to the
relevant intercollegiate athletic association (except in the
case of a covered person that is an intercollegiate athletic
association) all amounts that exceed $600 in value received by
the covered person relating to intercollegiate athletics from a
foreign government, a foreign adversary, a state-owned
enterprise, or a sovereign wealth fund.
(2) Disclosure deadlines.--Disclosures under paragraph (1)
shall be made not later than 30 days after--
(A) entering into a relevant transaction or
receiving funds, whichever occurs first; or
(B) any material change that would impact a
previous disclosure.
(b) Report and Public Availability.--
(1) In general.--Not later than August 1 of each year, each
intercollegiate athletic association shall submit to the
Secretary of Education, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Energy and
Commerce of the House of Representatives a report on--
(A) all disclosures received under subsection (a)
during the one-year period preceding the date of the
report; and
(B) any amounts received by the intercollegiate
athletic association relating to intercollegiate
athletics from a foreign government, a foreign
adversary, a state-owned enterprise, or a sovereign
wealth fund during the one-year period preceding the
date of the report.
(2) Public availability.--Each intercollegiate athletic
association shall publish on a publicly available website an
updated disclosure containing the matter required under
paragraph (1) not later than January 31 and July 31 of each
year.
(c) Definitions.--In this section:
(1) Covered person.--The term ``covered person'' means--
(A) an institution;
(B) a conference; or
(C) an intercollegiate athletic association.
(2) Foreign adversary.--The term ``foreign adversary'' has
the meaning given the term ``covered nation'' in section 4872
of title 10, United States Code.
(3) Sovereign wealth fund.--The term ``sovereign wealth
fund'' means an investment fund, investment vehicle, or
investment entity established, owned, controlled, or directed
by a foreign government.
TITLE II--SPORTS BROADCASTING
SEC. 201. DEFINITIONS.
(a) References to Sports Broadcasting Act of 1961.--In this Act,
the term ``Sports Broadcasting Act of 1961'' means the Act of September
30, 1961 (15 U.S.C. 1291 et seq.).
(b) Amendments to Sports Broadcasting Act of 1961.--The Sports
Broadcasting Act of 1961 is amended--
(1) by redesignating sections 5 and 6 (15 U.S.C. 1295, 1291
note) as sections 8 and 9, respectively; and
(2) in section 8, as so redesignated--
(A) by striking ``As used in this Act, `persons'
means'' and inserting the following: ``As used in this
Act:''
``(12) Persons.--The term `persons' means'';
(B) by inserting before paragraph (12), as so
designated, the following:
``(1) Collective media rights revenue.--The term
`collective media rights revenue' means revenue derived from
the sale or transfer of the media rights of the member
institutions and member conferences of the covered entity
resulting from the joint agreement described in section 5.
``(2) Conference.--The term `conference' means any
organization that is not an intercollegiate athletic
association and that--
``(A) has 2 or more institutions as members; and
``(B) arranges championships for intercollegiate
athletic competitions or sets rules for intercollegiate
athletic competitions.
``(3) Covered entity.--The term `covered entity' means the
entity formed by a joint agreement of institutions or
conferences described in subparagraph (A) or (B) of section
5(b)(1) that meets each of the requirements under section 5.
``(4) Grant-in-aid.--The term `grant-in-aid'--
``(A) means a scholarship, grant, stipend, or other
form of financial assistance, including the provision
of tuition, room, board, books, or funds for fees or
personal expenses, that--
``(i) is paid or provided by an institution
to a student for the undergraduate or graduate
course of study of the student; and
``(ii) is in an amount that does not exceed
the cost of attendance for the student at the
institution; and
``(B) does not include compensation paid to an
individual who is a student athlete or a former student
athlete.
``(5) Institution.--The term `institution' has the meaning
given the term `institution of higher education' in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(6) Intercollegiate athletic association.--The term
`intercollegiate athletic association'--
``(A) means any organization, not-for-profit
corporation, association, or other group organized in
the United States that--
``(i) is composed of 2 or more institutions
or conferences that--
``(I) are located in different
States; or
``(II) participate in
intercollegiate athletic competitions
in more than 1 State;
``(ii) sponsors or arranges intercollegiate
athletic competitions between institutions;
``(iii) sets common rules, standards,
procedures, or guidelines for the
administration of intercollegiate athletic
competition; and
``(iv) is not a conference;
``(B) includes--
``(i) the National Collegiate Athletic
Association; and
``(ii) any other national intercollegiate
athletic association; and
``(C) does not include a corporation, association,
or other group affiliated with professional athletic
competition.
``(7) Intercollegiate athletic competition.--The term
`intercollegiate athletic competition' means any varsity
intercollegiate sport contest, game, meet, match, tournament,
regatta, or other intercollegiate sport event in which student
athletes or varsity sports teams compete.
``(8) Intercollegiate football.--The term `intercollegiate
football' means the intercollegiate sport of football.
``(9) Intercollegiate sport.--The term `intercollegiate
sport'--
``(A) means a sport played at the intercollegiate
level, administered by an athletic department, between
institutions for which eligibility requirements for
participation by a student athlete are established by
an intercollegiate athletic association; and
``(B) does not include a recreational, intramural,
or club sport.
``(10) Member conference.--The term `member conference',
with respect to the covered entity, means a conference that is
a member of the covered entity.
``(11) Member institution.--The term `member institution',
with respect to the covered entity, means an institution that
is a member of the covered entity.''; and
(C) by inserting after paragraph (12), as so
redesignated, the following:
``(13) Student athlete.--The term `student athlete' means
an individual who--
``(A) is enrolled as a full-time student at an
institution;
``(B) makes satisfactory progress towards
completing a degree; and
``(C) participates in intercollegiate athletic
competitions or competes for a varsity sports team as
part of the institution's educational, developmental,
or extracurricular programs.
``(14) Top 5 historic opponents in intercollegiate
football.--The term `top 5 historic opponents in
intercollegiate football', with respect to an institution,
means the 5 other institutions against which the institution
has played the most intercollegiate athletic competitions
within intercollegiate football.
``(15) Top 10 historic opponents in intercollegiate
football.--The term `top 10 historic opponents in
intercollegiate football', with respect to an institution,
means the 10 other institutions against which the institution
has played the most intercollegiate athletic competitions
within intercollegiate football.
``(16) Traditional rivalry.--The term `traditional rivalry'
means an intercollegiate athletic competition within
intercollegiate football that is between varsity sports teams
of 2 institutions that--
``(A) are both members of the covered entity;
``(B) are not members of the same conference; and
``(C) rank among each other's top 10 historic
opponents in intercollegiate football.
``(17) Varsity sports team.--The term `varsity sports team'
means a team composed of student athletes that is organized by
an institution for the purpose of intercollegiate athletic
competitions.''.
SEC. 202. LIMITATION ON LIABILITY FOR TRANSMISSION OF COLLEGIATE SPORTS
COMPETITIONS.
(a) In General.--Section 1 of the Sports Broadcasting Act of 1961
(15 U.S.C. 1291) is amended--
(1) by striking ``That the'' and inserting the following:
``SECTION 1. EXEMPTION OF CERTAIN AGREEMENTS FROM ANTITRUST LAWS.
``(a) Professional Sports.--The''; and
(2) by adding at the end the following:
``(b) College Sports.--The antitrust laws, as defined in subsection
(a), shall not apply to any joint agreement, by or among institutions
engaging in or conducting organized intercollegiate sports, or
conferences that have such institutions as members, to form and operate
a covered entity that complies with and enforces the requirements of
section 5 and sells or otherwise transfers to a third party all or any
part of the rights of the institutions or conferences in the sponsored
telecasting of the intercollegiate athletic competitions engaged in or
conducted by the institutions or conferences.''.
(b) Technical and Conforming Amendments.--The Sports Broadcasting
Act of 1961 is amended--
(1) in section 2 (15 U.S.C. 1292)--
(A) by striking ``Section 1'' and inserting
``Section 1(a)''; and
(B) by striking ``in section 1'' and inserting ``in
section 1(a)'';
(2) in section 3 (15 U.S.C. 1293), by striking ``section
1'' each place it appears and inserting ``section 1(a)''; and
(3) in section 4 (15 U.S.C. 1294), by striking ``section
1'' and inserting ``section 1(a)''.
SEC. 203. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS.
The Sports Broadcasting Act of 1961, as amended by section
201(b)(1) of this Act, is amended by inserting after section 4 (15
U.S.C. 1294) the following:
``SEC. 5. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS.
``(a) Condition on Antitrust Exemption.--Section 1(b) shall not
apply to any joint agreement entered into by institutions or
conferences to form the covered entity unless the covered entity
complies with the requirements under this section and section 6.
``(b) Membership of the Covered Entity.--
``(1) Eligible membership.--A joint agreement to form the
covered entity shall be comprised of a voluntary association of
institutions or conferences that includes, at a minimum, as of
the date on which the joint agreement is entered into, not less
than 75 percent of the institutions participating in the
Football Bowl Subdivision, as defined by Bylaw 20.9.9 of the
National Collegiate Athletic Association.
``(2) Invitation requirement.--
``(A) In general.--The covered entity shall offer
membership on fair and nondiscriminatory terms to each
conference and each institution that is in Division I,
as defined by Bylaw 20.9 of the National Collegiate
Athletic Association as of the date of enactment of the
Protect College Sports Act of 2026.
``(B) Optional participation.--No conference or
institution shall be required to join the covered
entity or accept an offer under subparagraph (A), but
no conference or institution eligible for membership
under subparagraph (A) may be refused an invitation to
join the covered entity.
``(c) Voting Rights.--
``(1) In general.--
``(A) Votes of conferences and institutions.--
Subject to subparagraph (C), the covered entity shall--
``(i) in the bylaws of the covered entity--
``(I) provide that each member
conference or member institution has 1
vote on each type of decision or
determination described in paragraph
(2); and
``(II) specify the minimum number
of votes required for each type of
decision or determination described in
paragraph (2); and
``(ii) require the bylaws to be adopted
unanimously by the member conferences and
member institutions.
``(B) Votes of student athletes.--The covered
entity shall--
``(i) for purposes of decisions and
determinations described in paragraph (2)(C),
designate not fewer than 10 individuals who, as
of the date of designation, are student
athletes or were student athletes during the
preceding 10-year period; and
``(ii) ensure that each individual
designated under clause (i) has 1 vote on a
decision or determination described in
paragraph (2)(C).
``(C) Non-voting member conferences.--If a
conference and 1 or more of the institutions of the
conference are members of the covered entity, the
conference shall be a non-voting member of the covered
entity.
``(2) Voting thresholds.--
``(A) Major decisions.--A major decision, as
defined by the bylaws of the covered entity, shall
require a vote totaling not less than \2/3\ of the
member conferences or member institutions exercising
their voting rights.
``(B) Non-major decisions.--A non-major decision,
as defined by the bylaws of the covered entity, shall
require a vote totaling not less than a majority of the
member conferences or member institutions exercising
their voting rights.
``(C) Revenue distributions or changes to voting
allocations.--A determination regarding the allocation
of collective media rights revenue or a decision to
change a voting threshold described in this paragraph
shall require a unanimous vote of the member
conferences, member institutions, or current or former
student athletes exercising their voting rights.
``(D) Media rights requirement.--A determination of
which media rights shall be contributed to the covered
entity pursuant to subsection (f) shall require a
unanimous vote of the member conferences or member
institutions exercising their voting rights.
``(d) Revenue Allocation Formula.--
``(1) Method.--Not less frequently than once each academic
year, the covered entity shall distribute the collective media
rights revenue among member conferences and member
institutions--
``(A) according to the allocation of collective
media rights revenue most recently determined in
accordance with subsection (c)(2)(C); and
``(B) in accordance with the requirements of this
subsection.
``(2) Requirements.--The distribution of collective media
rights revenue under paragraph (1) shall--
``(A) ensure that--
``(i) each member conference or member
institution receives a minimum distribution of
collective media rights revenue, the amount of
which shall be established under a bylaw
adopted in accordance with subsection
(c)(2)(C); and
``(ii) each member institution receives
more collective media rights revenue (excluding
revenue from the College Football Playoff)
during each academic year than the largest
amount of collective media rights revenue
(excluding revenue from the College Football
Playoff) that the institution received in any
single academic year during the period of
academic year 2021-2022 through academic year
2024-2025;
``(B) distribute not less than 15 percent of the
collective media rights revenue that remains after
compliance with subparagraph (A) equally among all
member institutions that received revenue from
intercollegiate athletic competitions within
intercollegiate football in the Football Bowl
Subdivision during academic year 2024-2025; and
``(C) distribute the collective media rights
revenue that remains after compliance with
subparagraphs (A) and (B) to member institutions based
on the performance of each institution during the
academic year with respect to the institution's
contribution to the collective media rights revenue.
``(3) Transfer of revenue.--Before distributing collective
media rights revenue under paragraph (1), the covered entity
shall, in accordance with section 106, transfer an amount of
collective media rights revenue to the fund or program
established under that section to ensure that the program or
fund is adequately funded.
``(e) Protection of Women's and Olympic Sports.--
``(1) In general.--Any member institution that receives
collective media rights revenue shall, consistent with
applicable intercollegiate athletic association rules, offer
and maintain at least as many grant-in-aid opportunities and
roster spots for non-revenue generating intercollegiate sports
programs, including women's and Olympic intercollegiate sports
programs, during each academic year as the member institution
provided during the 2024-2025 academic year.
``(2) Definition.--For purposes of this subsection, the
term `non-revenue generating intercollegiate sports program'
means an intercollegiate sports program at an institution for
which, during an academic year, the revenues generated
specifically attributable to that sports program are less than
the direct and allocated operating expenses of that sports
program.
``(f) Contribution of Media Rights.--
``(1) Condition of participation.--The covered entity shall
require each member institution or member conference, as a
condition of receiving a distribution of collective media
rights revenue from the covered entity, to contribute to the
covered entity, for sale by the covered entity, the media
rights of the member institution or member conference,
determined by a vote described in subsection (c)(2)(D), with
the exception of the rights in the sponsored telecasting of--
``(A) the basketball tournaments organized by the
National Collegiate Athletic Association; and
``(B) all postseason intercollegiate athletic
competitions for intercollegiate football within the
College Football Playoff for the Football Bowl
Subdivision occurring before August 1, 2032.
``(2) Exclusive authority.--The covered entity shall have
the exclusive authority to negotiate, sell, license,
sublicense, and otherwise transfer on a pooled basis media
rights contributed under paragraph (1), with the exception of
the rights in the sponsored telecasting of--
``(A) the basketball tournaments organized by the
National Collegiate Athletic Association; and
``(B) all postseason intercollegiate athletic
competitions for intercollegiate football within the
College Football Playoff for the Football Bowl
Subdivision occurring before August 1, 2032.
``(3) Relation to contractual rights, obligations, and
remedies.--
``(A) Contribution of media rights.--
Notwithstanding paragraph (1), no member institution or
member conference shall contribute to the covered
entity any media rights, that, at the time of
contribution, the member institution or member
conference is not legally entitled to contribute by
reason of an existing contract, including an amendment
to such contract, that restricts the assignment,
transfer, license, or other conveyance of such media
rights.
``(B) Protection of contractual rights,
obligations, and remedies.--Nothing in this Act shall
be construed to eliminate, limit, modify, or otherwise
affect any right, obligation, or remedy of any party
under an existing contract.
``(4) Binding agreement.--The covered entity shall maintain
a written agreement, binding on all member institutions or
member conferences, that governs the collection and
distribution of collective media rights revenue for the
duration of the agreement.
``(5) Preservation of carriage, distribution, and promotion
of women's and olympic sports.--In any joint agreement entered
into by a covered entity which includes media rights in
football or basketball conveyed pursuant to a vote described in
subsection (c)(2)(D), the covered entity shall take reasonable
efforts to promote and distribute the media rights for non-
revenue generating intercollegiate sports programs in the
regular season and post-season, as well as preserve the current
levels of carriage, distribution, and promotion.
``(g) Preservation of Conference Opponents and Traditional
Rivalries.--
``(1) Conference opponents.--If, as of the date of
enactment of the Protect College Sports Act of 2026, more than
6 of the top 10 historic opponents in intercollegiate football
of a member institution were intra-conference opponents of the
member institution in intercollegiate football during the most
recently completed season, the covered entity shall require the
member institution to preserve, to the maximum extent
practicable, intercollegiate athletic competitions within
intercollegiate football amongst all of its current conference
opponents as of that date of enactment.
``(2) Traditional rivalries.--
``(A) In general.--If, as of the date of enactment
of the Protect College Sports Act of 2026, more than 2
of the top 10 historic opponents in intercollegiate
football of a member institution were out-of-conference
opponents of the member institution in intercollegiate
football during the most recently completed season, the
covered entity shall require the member institution to
play intercollegiate athletic competitions within
intercollegiate football that constitute traditional
rivalries, and ensure that--
``(i) the member institution plays not
fewer than 2 intercollegiate athletic
competitions within intercollegiate football
that constitute a traditional rivalry every 4
years; and
``(ii) the member institution plays not
less than 1 intercollegiate athletic
competition within intercollegiate football
each year with an institution that is in a
different conference and is one of the top 5
historic opponents in intercollegiate football
of the member institution.
``(B) Institutions with fewer than 4 out-of-
conference rivals.--If a member institution is subject
to the requirements under subparagraph (A), and fewer
than 4 of the top 10 historic opponents of the member
institution in intercollegiate football are member
institutions that belong to a different conference, the
member institution shall seek to comply with clauses
(i) and (ii) of subparagraph (A) to the extent
practicable.
``(C) Savings clause.--Nothing in this paragraph
shall be construed to affect the ability of a member
institution to engage in intercollegiate athletic
competitions within intercollegiate football against
any other member institution within the same conference
that was 1 of the top 10 historic opponents in
intercollegiate football of the member institution as
of the date of enactment of the Protect College Sports
Act of 2026.
``(3) Periodic review; authority to modify requirements.--8
years after the date of enactment of the Protect College Sports
Act of 2026, and periodically thereafter, but not more
frequently than once every 4 years, the covered entity--
``(A) may review the effects of the requirements
under this subsection on fan interest, student
athletes, media revenues, and preservation of
traditional rivalries and historic opponents; and
``(B) may modify the requirements under this
subsection.
``(4) No effect on conferences and institutions outside
covered entity.--Nothing in this subsection requires any
conference or institution that is not in the covered entity to
schedule an intercollegiate athletic competition against any
other institution, regardless of whether such an
intercollegiate athletic competition is a traditional rivalry.
``(h) Enforcement of the Act; Right to Cure.--
``(1) Private right of action.--Subject to paragraph (2), a
person aggrieved by a violation of section 1(b), this section,
section 6, or section 7, including a party to a joint agreement
to form the covered entity, may bring a civil action against
the covered entity in an appropriate district court of the
United States.
``(2) Notice and opportunity to cure.--A person may only
bring a civil action under paragraph (1) for a violation of
section 1(b), this section, section 6, or section 7 if--
``(A) not later than 1 year before bringing the
civil action, the person provides to the defendant
specific notice of the violation and an opportunity to
cure the violation; and
``(B) the defendant does not cure the violation
during the 1-year period beginning on the date of the
notice described in subparagraph (A).
``(i) Participation in Covered Entity Optional.--
``(1) In general.--Nothing in this Act shall, under Federal
or State law, establish or be construed to require, mandate, or
encourage any institution or conference to join, participate
in, or transfer any media rights to the covered entity or to
create or give rise to any duty, obligation, or standard of
care to take such action.
``(2) Effect on liability.--Nothing in this Act, any
amendments made by this Act, or a decision by an institution or
conference to decline to join or participate in the covered
entity may be used to support any claim, cause of action, or
theory of liability under Federal or State law that would
impose liability on an institution or conference or compel an
institution or conference to join or participate in the covered
entity.
``(3) No abrogation of existing contracts.--Nothing in this
section shall be construed to abrogate, terminate, or modify a
contract or other legally enforceable agreement in effect on
the date of enactment of the Protect College Sports Act of
2026, or to provide a defense to or immunity from a claim
arising from breach or nonperformance of such contract or
legally enforceable agreement.
``(4) No liability for declining to participate in covered
entity.--Nothing in this Act shall be construed to permit a
person to bring an action under Federal or State law to
challenge a decision by an institution or conference to not
join or participate in the covered entity.''.
SEC. 204. MARKET LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL AND
BASKETBALL.
The Sports Broadcasting Act of 1961 is amended by inserting after
section 5 (as added by section 203 of this Act) the following:
``SEC. 6. MARKET-LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL AND
BASKETBALL.
``(a) Definitions.--In this section:
``(1) Designated market area.--The term `designated market
area' has the meaning given the term in section 122(j)(2)(C) of
title 17, United States Code.
``(2) Local designated market area.--
``(A) In general.--The term `local designated
market area' means an area that--
``(i) consists of a designated market area
that includes the principal campus of an
institution that is a member of the covered
entity; and
``(ii) at the election of the member
institution and the applicable network,
distributor, or licensee holding market-level
rights, may include not more than 1 additional
geographically adjacent designated market area,
or designated market area within the State in
which the principal campus of the member
institution is located, in which a substantial
portion of the student body, alumni, or in-
State resident population of the member
institution resides.
``(B) Publication of list.--The Federal
Communications Commission shall--
``(i) not later than 180 days after the
date of enactment of the Protect College Sports
Act of 2026, publish a list of designated
market areas described in subparagraph (A); and
``(ii) maintain the list described in
clause (i) on a public website.
``(3) Local outlet option.--The term `Local Outlet option'
means the opportunity for not less than 1 outlet to carry a
live intercollegiate athletic competition without charge to
viewers within the local designated market area of a member
institution that is participating in the competition.
``(b) Requirement of Local Outlet Option.--
``(1) In general.--As a condition of the exemption under
section 1(b)(1), the covered entity shall make commercially
available by purchase or license, on a non-exclusive basis, for
each intercollegiate athletic competition in football or
basketball, not less than 1 Local Outlet option in the local
designated market area of each member institution participating
in the competition.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to require carriage of an intercollegiate athletic
competition by more than 1 Local Outlet in a given designated
market area.
``(3) No effect on national media agreements.--Nothing in
paragraph (1) shall limit the covered entity's ability to
negotiate nationwide or regional media agreements.
``(4) Requirement fulfillment.--A national rights holder
may satisfy the requirement under paragraph (1) by making
intercollegiate athletic competitions available to viewers in
the applicable local designated market areas using an offering
that the rights holder owns or is affiliated with that is
freely available to viewers.
``(c) Good Faith Negotiation.--
``(1) In general.--Each covered entity, and any network,
distributor, or licensee holding market-level rights or seeking
Local Outlet option rights to intercollegiate athletic
competitions described in subsection (b), shall negotiate in
good faith to fulfill the requirement of that subsection.
``(2) Enforcement.--The Federal Communications Commission
shall have jurisdiction over complaints alleging a violation of
paragraph (1).''.
SEC. 205. PROHIBITION ON CERTAIN CONFERENCE MERGERS OR ACQUISITION.
The Sports Broadcasting Act of 1961 is amended by inserting after
section 6 (as added by section 204 of this Act) the following:
``SEC. 7. PROHIBITION ON CERTAIN CONFERENCE MERGERS AND ACQUISITIONS.
``(a) Violation of Antitrust Laws.--It shall be unlawful under the
antitrust laws, as defined in section 1(a), for--
``(1) any covered conference that reported more than
$700,000,000 in revenue on its fiscal year 2025 tax return or
any subsequent tax return to--
``(A) merge or consolidate with, or acquire the
assets or media rights of, another covered conference
or a covered institution, if as a result of the
transaction, the number of institutions that are
members of the covered conference would be less than 75
percent of the institutions participating in the
Football Bowl Subdivision, as defined by Bylaw 20.9.9
of the National Collegiate Athletic Association; or
``(B) acquire the assets or media rights of an
institution that is not a covered institution, unless,
as a result of the transaction, the number of
institutions that are members of the covered conference
does not exceed 20 institutions; or
``(2) any entity to merge with, acquire, or consolidate the
assets or media rights of a covered institution, or multiple
covered institutions, for the purpose of creating a new
conference or intercollegiate athletic association.
``(b) Defenses Not Applicable.--A transaction prohibited under
subsection (a) may not be justified by efficiencies, procompetitive
effects, or any other defense under the antitrust laws, as defined in
section 1(a).
``(c) Effect.--Any transaction consummated in violation of
subsection (a) shall be void.
``(d) No Impact on Covered Entity.--Nothing in this section shall
be construed to prohibit the creation of the covered entity under
section 5.
``(e) Applicability.--Nothing in subsection (a) shall be construed
to apply to a covered conference that--
``(1) is in existence on the date of enactment of this
section or a subsidiary of such covered conference; and
``(2) has not reported more than $700,000,000 on its fiscal
year 2025 tax return or any subsequent tax return.
``(f) Definitions.--In this section:
``(1) Covered conference.--The term `covered conference'
means a conference, the primary athletic revenue of which is
derived from the sale or transfer of media rights relating to
intercollegiate football.
``(2) Covered institution.--The term `covered
institution'--
``(A) for purposes of subsection (a)(1)--
``(i) during the 6-year period beginning on
the date of enactment of the Protect College
Sports Act of 2026, means an institution that
has, at least once in the preceding 3 years,
competed in intercollegiate football as a
member of a covered conference that reported
more than $700,000,000 in revenue on its fiscal
year 2025 tax return or any subsequent tax
return; and
``(ii) after the termination of the period
described in clause (i), means an institution
that, as of the day before the date of a
transaction described in subsection (a)(1),
competes in intercollegiate football as a
member of a covered conference that reported
more than $700,000,000 in revenue on its fiscal
year 2025 tax return or any subsequent tax
return; and
``(B) for purposes of subsection (a)(2), means an
institution that has, at least once in the preceding 5
years, competed in intercollegiate football as a member
of a covered conference that reported more than
$700,000,000 in revenue on its fiscal year 2025 tax
return or any subsequent tax return.''.
SEC. 206. AMENDMENTS TO INTERCOLLEGIATE AND INTERSCHOLASTIC FOOTBALL
CONTEST LIMITATIONS.
(a) In General.--Section 3 of the Sports Broadcasting Act of 1961
(15 U.S.C. 1293) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``, and''; and
(3) by adding at the end the following:
``(4) the season and any postseason, including
championships, of such intercollegiate football contests
conclude not later than January 8 of any year, to the extent
practicable.''.
(b) Protection of Army-Navy Game.--Section 3 of the Sports
Broadcasting Act of 1961 (15 U.S.C. 1293) is amended--
(1) by inserting ``(a)'' before ``The first sentence''; and
(2) by adding at the end the following:
``(b)(1) Section 1(b) shall not apply to any joint agreement
described in that section that permits any person to sponsor, telecast,
or authorize the telecast of any postseason intercollegiate football
contest involving an institution participating in the Football Bowl
Subdivision during the protected Army-Navy Game broadcast window.
``(2) For purposes of this subsection, the term `protected Army-
Navy Game broadcast window' means the period beginning 1 hour before
scheduled kickoff and ending 30 minutes after the official conclusion
of the telecast of the annual football game between the United States
Military Academy and the United States Naval Academy occurring on the
second Saturday in December in any year.''.
SEC. 207. MEDIA RIGHTS UTILIZATION REQUIREMENT FOR COLLEGE SPORTS OTHER
THAN FOOTBALL AND BASKETBALL.
(a) Definitions.--In this section, the terms ``covered entity'',
``intercollegiate athletic competition'', ``member conference'', and
``member institution'' have the meanings given those terms in section 8
of the Sports Broadcasting Act of 1961, as redesignated by section
201(b)(1) of this Act.
(b) Requirement of Use.--A distributor to which any media rights
for intercollegiate athletic competitions in a sport other than
football or basketball are sold, licensed, or otherwise conveyed by the
covered entity or its member institutions or member conferences after
the date of enactment of this Act shall affirmatively use those rights
by making the competitions reasonably available to the public not later
than 1 year after the effective date of the agreement under which the
rights are sold, licensed, or otherwise conveyed.
(c) Reversion of Rights.--
(1) Failure to use rights; opportunity to cure.--If a
distributor to which media rights for intercollegiate athletic
competitions in a sport other than football or basketball are
sold, licensed, or otherwise conveyed as described in
subsection (b) does not use the rights during the 1-year period
beginning on the effective date of the agreement under which
the rights are sold, licensed, or otherwise conveyed, the
covered entity, member institution, or member conference
notifies the distributor after the expiration of that 1-year
period of the distributor's failure to use the rights, and the
distributor does not use the rights during the 180-day period
beginning on the date of the notification, the rights for that
sport shall revert to the originating covered entity, member
institution, or member conference.
(2) Reconveyance.--Upon the reversion of rights under
paragraph (1), the covered entity, member institution, or
member conference may resell, relicense, or otherwise reconvey
the rights to another entity without penalty or liability for
breach of the original agreement described in that paragraph.
(d) Savings.--Nothing in this section shall be construed to modify
the Sports Broadcasting Act of 1961, as amended by this title.
TITLE III--HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM
SEC. 301. SHORT TITLE.
This title may be cited as the ``HBCU Sports Media and Connectivity
Program''.
SEC. 302. GRANTS FOR IMPROVEMENT OF BROADBAND, TECHNOLOGY, MEDIA, AND
SPORTS BROADCAST INFRASTRUCTURE OF HBCUS.
(a) In General.--
(1) Grants authorized.--The Assistant Secretary, in
consultation with the Secretary, shall award grants to eligible
entities, on a competitive basis, to support long-term
improvements to broadband, information technology, media
infrastructure, including infrastructure for the production,
transmission, and distribution of live coverage of
intercollegiate athletic events, and local journalism for
student learning.
(2) Grant period.--With respect to each eligible entity
that is awarded a grant under this section, such grant shall be
for a period determined appropriate by the Assistant Secretary
based on the information submitted by such entity under
subsection (b) that is not less than 2 years and not more than
5 years.
(3) Multiple grants permitted.--An eligible entity may
apply for, and be awarded, more than 1 grant under this
section.
(b) Application.--To be considered for a grant under this section,
an eligible entity shall submit an application to the Assistant
Secretary that includes--
(1) to the extent possible, the information necessary for
the Assistant Secretary, in consultation with the Secretary, to
make the determinations under subsection (c);
(2) a description of the projects that such eligible entity
plans to carry out with the grant and how such projects will
advance the long-term goals of the entity;
(3) an assessment of the broadband service available on the
campus of the eligible entity, and to the students of the
eligible entity, as of the date of the application;
(4) an explanation of--
(A) how such investments in broadband, information
technology, and media production, including sports
media and live coverage of intercollegiate athletic
events, and local journalism at such eligible entity
will promote and advance educational opportunities; and
(B) the anticipated number of years that any
facilities constructed, improved, or replaced under
such projects may be used to facilitate the
opportunities and investments described in subparagraph
(A);
(5) the median age of the facilities that such entity plans
to improve or replace under such projects, if existing and
applicable;
(6) if the eligible entity proposes a project described in
paragraph (2) or (4) of section 303(a), a description of how
the project will expand the capacity of the eligible entity to
produce, transmit, or distribute live coverage of
intercollegiate athletic events, including events in women's
sports and Olympic sports, and, as applicable, to make such
live coverage available in the local market of the entity as
well as for digital distribution; and
(7) if relevant to the application--
(A) baseline measurements as of the date of the
application, in the form prescribed by the Assistant
Secretary, of--
(i) available network capacity and average
and peak utilization over the preceding 12
months; and
(ii) the number and percentage of enrolled
students who lack access to broadband, and the
methodology used to determine that figure; and
(B) for each baseline measurement submitted under
subparagraph (A), a specific, numerical target the
entity commits to achieve by the end of the grant
period, and the date by which each target will be met.
(c) Priority.--In awarding grants under this section, the Assistant
Secretary, in consultation with the Secretary--
(1) shall give priority to an eligible entity that--
(A) demonstrates the greatest need to improve
campus broadband and information technology
infrastructure, as determined by a comparison of
factors identified by the Assistant Secretary, which
may include--
(i) the availability, capacity, and
condition of broadband service and network
infrastructure on the campus of the eligible
entity;
(ii) the median age of the network and
information technology infrastructure that the
entity will use grant funds to improve;
(iii) the extent to which student
enrollment and instructional demands exceed
existing network capacity; and
(iv) the total amount of deferred
maintenance of the network and information
technology infrastructure of the entity;
(B) demonstrates the most limited capacity to raise
funds for the long-term improvement of campus broadband
and information technology infrastructure, as
determined by an assessment of--
(i) the current and historic ability of the
eligible entity to raise funds for
construction, renovation, modernization, and
major repair projects for campus;
(ii) whether the eligible entity has been
able to issue bonds or receive other funds to
support school construction projects;
(iii) the bond rating of the eligible
entity;
(iv) the number of students enrolled as of
the date on which the application is submitted;
(v) the total value of the endowment of the
eligible entity as of the date on which the
application is submitted;
(vi) the total amount of deferred
maintenance of such infrastructure; and
(vii) the amount and sources of
institutional revenue;
(C) enrolls the highest percentages of students who
are eligible to receive a Federal Pell Grant under
subpart 1 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a et seq.), and whose
families qualify for other Federal need-based aid;
(D) is a public institution that--
(i) faces declining State support or
investment; and
(ii) demonstrates limited ability to
generate revenue, as determined by assessing--
(I) the total value of the
endowment of the institution as of the
date on which the application is
submitted; and
(II) the costs of the deferred
maintenance of the institution relative
to the total revenue of the
institution;
(E) demonstrates an effort to seek support from
public and private entities for projects carried out
with a grant awarded under this title; and
(F) proposes a project with the lowest total cost
per student projected to be served, taking into account
short-term and long-term costs of the project, cost
differentials between geographical regions, and other
key cost drivers over the lifetime of the project, and
demonstrates how those factors contribute to overall
cost efficiency; and
(2) may give priority to an eligible entity--
(A) that did not receive a grant under this title
in the preceding fiscal year;
(B) that proposes projects aligned with long-term
infrastructure priorities that--
(i) serve as regional models, as determined
by the Secretary;
(ii) address multiple needs on the campus
of the entity; or
(iii) address the needs of at least 1
eligible entity in addition to the entity
receiving the grant;
(C) that is a member of an HBCU athletic
conference;
(D) that commits to using the facilities and
equipment funded under the grant to produce or
distribute live coverage of intercollegiate athletic
events in women's sports and Olympic sports; or
(E) that has entered into, or demonstrates plans to
enter into, a partnership, licensing arrangement, or
distribution agreement with a covered entity, a
conference, an intercollegiate athletic association, or
a video programming distributor with respect to media
rights to intercollegiate athletic events of the
eligible entity.
(d) Geographic Distribution.--In evaluating applications receiving
equivalent scores under the criteria published under subsection (f)(2),
the Assistant Secretary may consider the geographic distribution of
eligible entities in the United States.
(e) Technical Assistance.--The Assistant Secretary, in consultation
with the Secretary, shall provide technical assistance to eligible
entities to prepare the entities to qualify for, apply for, and
maintain a grant under this title.
(f) Program Accountability.--
(1) Public input.--Not later than 120 days after the date
on which amounts are first appropriated to carry out this
title, the Assistant Secretary shall publish in the Federal
Register a request for public comment on the design and
administration of the grant program under this title, with a
comment period of not less than 45 days.
(2) Program guidance.--Not later than 120 days after the
close of the comment period under paragraph (1), and before
accepting any application, the Assistant Secretary shall
publish--
(A) guidance for the grant program under this
title, including all application requirements;
(B) the criteria the Assistant Secretary will use
to evaluate applications, including the numerical
weight assigned to each criterion; and
(C) the process and timeline for awarding grants.
(3) No post hoc changes.--The Assistant Secretary shall
endeavor to evaluate an application on the basis of the
criteria and weights published under paragraph (2) that were in
effect on the date on which the application window opened.
(4) Publication of scores.--Not later than 30 days after
awarding grants for a fiscal year, the Assistant Secretary
shall make available to the appropriate congressional
committees, for each grant awarded, the name of the recipient,
the amount of the grant, and the score assigned to the
recipient's application under each criterion published under
paragraph (2).
SEC. 303. GRANT USES.
(a) Permitted Uses.--Except as provided in subsection (c), an
eligible entity that receives a grant under this title shall use the
grant funds to carry out at least one of the following activities:
(1)(A) Install, upgrade, or extend the life of--
(i) high-speed broadband internet infrastructure
sufficient to support digital and technology-based
learning, except that no funds may be used for
broadband infrastructure deployment to any location
that is already served by qualifying broadband service
or is subject to enforceable deployment obligations, as
determined by the Assistant Secretary;
(ii) campus-wide broadband networks, including
adjacent infrastructure and 5G and future network
generations; and
(iii) other broadband infrastructure that provides
support for teaching, learning and research.
(B) Modernize, renovate, or retrofit campus facilities,
including preserving facilities with historic significance, to
facilitate projects under this paragraph.
(2)(A) Construct, install, maintain, or facilitate--
(i) equipment or infrastructure used for training
and education in digital media production and
distribution facilities, including tools and equipment
that support instruction in television or radio
broadcasting on stations located on the campus of or
affiliated with the eligible entity; and
(ii) facilities, equipment, or services for the
studio of digital media production or production for
television or radio broadcast stations located on the
campus of or affiliated with the eligible entity.
(B) Support technology, broadcast engineering, and
journalism instruction through existing courses and supervised
training programs that are--
(i) operated by or affiliated with the eligible
entity; and
(ii) used primarily for instructional and
experiential learning purposes.
(3) Establish new, or improve existing, laboratories or
research facilities relating to the fields of communications
technology, broadcast engineering, media, journalism, and other
disciplines, as determined by the Assistant Secretary in
consultation with the Secretary.
(4) Construct, install, upgrade, or operate--
(A) media production facilities, including
production control rooms, master control facilities,
and mobile or remote production units, for the coverage
of intercollegiate athletic events;
(B) cameras, replay, graphics, audio, and other
production equipment, and transmission infrastructure,
including fiber, satellite, and internet protocol
transmission, sufficient to produce live coverage of
intercollegiate athletic events at the technical
standards of national and regional video programming
distributors;
(C) streaming and digital distribution
infrastructure enabling the eligible entity to
distribute live coverage of intercollegiate athletic
events directly to the public, including in the local
market of the eligible entity; and
(D) programs that train students of the eligible
entity in sports programming, including coverage,
production, distribution, and all other aspects of
media operations, integrated where practicable with the
journalism and media programs of the entity.
(b) Additional Resources.--An eligible entity that receives a grant
under this title may use the grant funds to--
(1) purchase or lease eligible equipment, excluding
personal devices, for shared instructional and research use by
students, faculty, and other designated instructional and
research personnel of the eligible entity, provided that
equipment is relevant to uses described in subsection (a);
(2) establish, expand, or operate information technology
and network operations capacity, including hiring and training
information technology personnel to support student learning;
(3) strengthen the cybersecurity posture of the networks
and information systems of the eligible entity, including
through network monitoring, endpoint protection, and
cybersecurity workforce training to support student learning;
(4) provide digital skills and relevant occupational
training to students;
(5) subscribe to broadband internet access service, for
each eligible student through a single broadband connection
that provides sufficient speed, reliability, and data capacity
to support online learning for enrolled students of the
eligible entity who individually demonstrate financial need
through information submitted through the Free Application for
Federal Student Aid (commonly known as the ``FAFSA'') and lack
access to broadband for learning; or
(6) acquire and install research-related equipment and
technology in the campus facilities of the eligible entity
related to telecommunications, journalism, media, and
cybersecurity.
(c) Prohibited Uses.--An eligible entity that receives a grant
under this title may not use the grant funds for--
(1) payment of routine and predictable maintenance costs or
minor repairs;
(2) the purchase or support of any communications equipment
or service (as defined in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608)) that
poses a risk to national security;
(3) activities that are funded, in whole or in part, under
part B of title III of the Higher Education Act of 1965 (20
U.S.C. 1060 et seq.), unless the Secretary approves such use;
(4) last-mile deployment of broadband service to a campus
of an eligible entity--
(A) that already has access to broadband service at
a download speed of not less than 1 gigabit per second
at the eligible entity's primary network aggregation
point; or
(B) where there is a legally enforceable obligation
to deploy broadband service at the speed described in
subparagraph (A); or
(5) technology whose primary purpose is fundraising or the
conduct of ceremonial events.
(d) Encouraging Partnerships.--The Assistant Secretary and the
Secretary shall encourage partnerships between eligible entities and
public and private entities to--
(1) provide funding in addition to the grants provided
under this title; and
(2) assist in carrying out the activities funded by grants
awarded under this title.
SEC. 304. COORDINATION.
(a) In General.--In carrying out this title, the Assistant
Secretary, in consultation with the Secretary, shall coordinate with
the following entities to ensure efficient administration, avoid
duplication of funding and efforts, and maximize student achievement:
(1) The Federal Communications Commission, including with
respect to--
(A) the E-Rate program set forth in subpart F of
part 54 of title 47, Code of Federal Regulations;
(B) broadband availability data collected under
title VIII of the Communications Act of 1934 (47 U.S.C.
641 et seq.);
(C) the broadcast licensing of noncommercial
educational broadcast stations operated by eligible
entities; and
(D) the local broadcast availability of
intercollegiate athletic events.
(2) State broadband offices, with respect to funds made
available under the Broadband Equity, Access, and Deployment
Program established under section 60102 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1702).
(3) Other Federal agencies, including the Department of
Agriculture, that fund Federal broadband deployment programs.
(4) Intercollegiate athletic associations and any covered
entity, with respect to production standards, media rights, and
distribution arrangements relevant to projects funded under
this title.
(5) The Director of the Office of Minority Broadband
Initiatives.
(b) Streamlined Applications.--The Assistant Secretary shall, to
the extent practicable, align the application requirements under this
title with the requirements of other Federal broadband programs in
order to reduce administrative burdens on eligible entities.
(c) Nonduplication.--In carrying out coordination activities under
subsection (a), the Assistant Secretary shall ensure that any grant or
other funds provided under this title avoid duplication with a project
that has received Federal funds from a Federal entity described in that
subsection.
SEC. 305. REPORTS AND EVALUATION.
(a) Report to Congress.--
(1) In general.--Not later than 2 years after the first
award of a grant under this title, and annually thereafter, the
Assistant Secretary, in consultation with the Secretary, shall
submit to the appropriate congressional committees a report on
the projects carried out with grant funds awarded under this
title.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) with respect to projects carried out by
eligible entities with grant funds awarded under this
title, an assessment of--
(i) the types of such projects;
(ii) the total cost of each such project;
(iii) the geographic distribution of such
projects; and
(iv) the demographic and socioeconomic
composition of the student population served by
such projects;
(B) an evaluation of a sample of grant recipients,
selected by the Assistant Secretary taking into account
size and geographic location of each grantee, to
determine how such recipients are using the grant and
the effectiveness of the activities carried out with
the grant in improving student achievement;
(C) with respect to projects described in
paragraphs (2) and (4) of section 303(a), the number of
intercollegiate athletic events and other campus media
productions produced, transmitted, or distributed using
facilities or equipment funded under this title,
disaggregated by sport and including events in women's
sports and Olympic sports; and
(D) the number of students receiving training in
journalism, broadcasting, or media production supported
under this title.
(b) Grantee Reporting Requirements.--Not later than 90 days after
the end of the grant period for a grant awarded under this title, the
grantee shall submit to the Assistant Secretary a final report that--
(1) describes the use of grant funds, the status of each
funded asset, and the grantee's performance against each target
submitted under section 302(b)(7)(B); and
(2) meets any additional requirements established by the
Assistant Secretary in accordance with part 200 of title 2,
Code of Federal Regulations.
(c) Measures of Usage and Engagement.--Device utilization, log-in
counts, bandwidth consumed, platform hours, or any other measure of
usage or engagement may not be--
(1) used to fully satisfy any performance metric under this
title; or
(2) reported as evidence of the effectiveness of a program
carried out using grant funds awarded under this title.
SEC. 306. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Education and Workforce of the
House of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for
Telecommunications and Information.
(3) Covered entity.--The term ``covered entity'' has the
meaning given the term in the Act of September 30, 1961
(commonly known as the ``Sports Broadcasting Act of 1961'') (15
U.S.C. 1291 et seq.), as amended by title II of this Act.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a part B institution; or
(B) an institution or program listed under section
326(e)(1) of the Higher Education Act of 1965 (20
U.S.C. 1063b(e)(1)).
(5) HBCU athletic conference.--The term ``HBCU athletic
conference'' means a conference the membership of which
consists predominantly of part B institutions.
(6) Intercollegiate athletic association; conference.--The
terms ``intercollegiate athletic association'' and
``conference'' have the meanings given those terms in section
100 of this Act.
(7) Part b institution.--The term ``Part B institution''
has the meaning given the term in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$180,000,000 for each of fiscal years 2027 through 2032.
Passed the Senate September 28, 2026.
Attest:
Secretary.
119th CONGRESS
2d Session
S. 4668
_______________________________________________________________________
AN ACT
To protect the name, image, and likeness rights of, and provide
protections for, student athletes and to promote fair competition among
intercollegiate athletics, and for other purposes.