Bills · S. 4668 · Text

Engrossed in Senate

Confirmed from the official record

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S. 4668: the bill

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4668 Engrossed in Senate (ES)]

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 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.
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