[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4668 Reported in Senate (RS)]
<DOC>
Calendar No. 449
119th CONGRESS
2d Session
S. 4668
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2026
Mr. Cruz (for himself, Ms. Cantwell, Mr. Schmitt, and Mr. Coons)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
June 24, 2026
Reported by Mr. Cruz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Protect
College Sports Act of 2026''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION
<DELETED>Sec. 100. Definitions.
<DELETED>Sec. 101. Name, image, and likeness protections.
<DELETED>Sec. 102. Modifications to Sports Agent Responsibility and
Trust Act.
<DELETED>Sec. 103. Agent registry requirements for intercollegiate
athletic associations.
<DELETED>Sec. 104. Disclosures and establishment of name, image, and
likeness agreement database.
<DELETED>Sec. 105. Academic protections.
<DELETED>Sec. 106. Medical coverage requirements.
<DELETED>Sec. 107. Health, wellness, and safety standards.
<DELETED>Sec. 108. Office of the Student Athlete Ombudsman.
<DELETED>Sec. 109. Comparable standards for access to facilities,
services, and events.
<DELETED>Sec. 110. Rules governing certain mid-season coaching
transitions.
<DELETED>Sec. 111. Student athlete representation on intercollegiate
athletic association governing boards.
<DELETED>Sec. 112. Transfer protections.
<DELETED>Sec. 113. Eligibility to participate in intercollegiate
sports.
<DELETED>Sec. 114. Prohibited compensation and agreements.
<DELETED>Sec. 115. Extension of the revenue share cap.
<DELETED>Sec. 116. Commission on the Future of College Athletics.
<DELETED>Sec. 117. Recruitment and tampering.
<DELETED>Sec. 118. Limitation on liability.
<DELETED>Sec. 119. Private right of action.
<DELETED>Sec. 120. Whistleblower protection.
<DELETED>Sec. 121. Relationship to existing law.
<DELETED>Sec. 122. Neutrality on employee or non-employee status.
<DELETED>Sec. 123. Applicability.
<DELETED>Sec. 124. Severability.
<DELETED>TITLE II--SPORTS BROADCASTING
<DELETED>Sec. 201. Definitions.
<DELETED>Sec. 202. Limitation on liability for transmission of
collegiate sports competitions.
<DELETED>Sec. 203. Requirements for entities selling media rights.
<DELETED>Sec. 204. Market level broadcast access for college football
and basketball.
<DELETED>Sec. 205. Prohibition on certain conference mergers or
acquisition.
<DELETED>Sec. 206. Amendments to intercollegiate and interscholastic
football contest limitations.
<DELETED>Sec. 207. Media rights utilization requirement for college
sports other than football and basketball.
<DELETED>TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR
COMPETITION</DELETED>
<DELETED>SEC. 100. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Associated entity.--The term ``associated
entity'' means any individual or entity, including a
collective, that is--</DELETED>
<DELETED> (A) known, or should have been known, to
exist for or act for the benefit of, in coordination
with, or at the direction of an institution to promote
or support an institution's athletics program or
student athletes, including by creating or identifying
name, image, and likeness compensation opportunities
for an institution's student athletes;</DELETED>
<DELETED> (B) an individual or entity that is or was
a member, employee, director, officer, owner, or agent
of an individual or entity described in subparagraph
(A);</DELETED>
<DELETED> (C) an individual or entity that 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);</DELETED>
<DELETED> (D) an individual or entity that has
directly or indirectly been directed or requested by an
institution or third party acting on behalf of, for the
benefit of, in coordination with, or at the direction
of an institution to assist in the recruitment or
retention of student athletes or prospective student
athletes, or otherwise has assisted in the recruitment
or retention of student athletes or prospective student
athletes; or</DELETED>
<DELETED> (E) an individual or entity owned,
controlled, or operated by, or otherwise affiliated
with the individuals or entities described in
subparagraph (A).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Collective.--The term ``collective''--
</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) a student athlete who is
enrolled, or who may enroll, at an institution;
or</DELETED>
<DELETED> (ii) the intercollegiate athletics
program or any booster organization of an
institution; and</DELETED>
<DELETED> (B) does not include--</DELETED>
<DELETED> (i) an immediate family member of
a student athlete; or</DELETED>
<DELETED> (ii) an individual or entity
that--</DELETED>
<DELETED> (I) licenses trademark
rights of an institution; and</DELETED>
<DELETED> (II) does not--</DELETED>
<DELETED> (aa) license name,
image, and likeness rights of
student athletes; or</DELETED>
<DELETED> (bb) make payments
earmarked or designated to fund
name, image, or likeness
licenses or other payments to
student athletes.</DELETED>
<DELETED> (5) Compensation.--The term ``compensation''--
</DELETED>
<DELETED> (A) means any payment, remuneration, or
benefit provided to a student athlete or a prospective
student athlete; and</DELETED>
<DELETED> (B) does not include--</DELETED>
<DELETED> (i) grants-in-aid;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) health insurance and the
costs of health care funded by an institution,
intercollegiate athletic association, or
conference;</DELETED>
<DELETED> (iv) disability and loss-of-value
insurance, including disability and loss-of-
value insurance funded by an institution,
intercollegiate athletic association, or
conference;</DELETED>
<DELETED> (v) career counseling, job
placement services, or other guidance available
to all students at an institution;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (vii) enhanced education benefits,
including academic awards;</DELETED>
<DELETED> (viii) financial literacy or tax
education resources; or</DELETED>
<DELETED> (ix) any program to connect
student athletes with employers and facilitate
employment opportunities, if--</DELETED>
<DELETED> (I) the financial terms of
such employment opportunities are
consistent with the terms offered to
similarly situated employees who are
not student athletes; and</DELETED>
<DELETED> (II) such program is not
used to induce a student athlete to
attend a particular
institution.</DELETED>
<DELETED> (6) Conference.--The term ``conference'' means any
organization that is not an intercollegiate athletic
association and that--</DELETED>
<DELETED> (A) has 2 or more institutions as members;
and</DELETED>
<DELETED> (B) arranges championships for
intercollegiate athletic competitions or sets rules for
intercollegiate athletic competition.</DELETED>
<DELETED> (7) Cost of attendance.--The term ``cost of
attendance''--</DELETED>
<DELETED> (A) has the meaning given that term in
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll); and</DELETED>
<DELETED> (B) shall be calculated by the financial
aid office of an institution applying the same
standards, policies, and procedures for all
students.</DELETED>
<DELETED> (8) Grant-in-aid.--The term ``grant-in-aid''
means--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) is paid or provided by an
institution to a student for the undergraduate
or graduate education of the student;
and</DELETED>
<DELETED> (ii) is in an amount that does not
exceed the cost of attendance for such student
at the institution; and</DELETED>
<DELETED> (B) does not include compensation paid to
a student athlete.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (11) Intercollegiate athletic association.--The
term ``intercollegiate athletic association''--</DELETED>
<DELETED> (A) means any organization, not-for-profit
corporation, association, or any other group organized
in the United States that--</DELETED>
<DELETED> (i) sponsors or arranges
intercollegiate athletic competition between
institutions;</DELETED>
<DELETED> (ii) sets common rules, standards,
procedures, or guidelines for the
administration of intercollegiate athletic
competition;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iv) is not a
conference;</DELETED>
<DELETED> (B) includes--</DELETED>
<DELETED> (i) the National Collegiate
Athletic Association; and</DELETED>
<DELETED> (ii) any other national
intercollegiate athletic association;
and</DELETED>
<DELETED> (C) does not include a corporation,
association, or other group affiliated with
professional athletic competition.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (13) Intercollegiate sport.--The term
``intercollegiate sport''--</DELETED>
<DELETED> (A) means a sport played between
institutions for which eligibility requirements for
participation by a student athlete are established by
an interstate intercollegiate athletic association;
and</DELETED>
<DELETED> (B) does not include a recreational,
intramural, or club sport.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the uniquely identifiable body,
physical characteristics, or voice of the student
athlete;</DELETED>
<DELETED> (B) any other mark that identifies or
distinguishes the student athlete; or</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) a logo or color scheme that is
clearly associated with the institution;
or</DELETED>
<DELETED> (ii) some other means by which the
jersey number is associated with the student
athlete.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 Legislation'', 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.</DELETED>
<DELETED> (20) Student athlete.--The term ``student
athlete'' means an individual who is enrolled as a full-time
student at an institution and who--</DELETED>
<DELETED> (A) makes satisfactory progress towards
completing a degree; and</DELETED>
<DELETED> (B) participates in intercollegiate
athletic competition or competes for a varsity sports
team as part of the institution's educational,
developmental, or extracurricular programs.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS.</DELETED>
<DELETED> (a) Student Athlete Name, Image, and Likeness
Compensation.--</DELETED>
<DELETED> (1) In general.--Except as provided in this title,
an institution, conference, intercollegiate athletic
association, or any representative of such an entity may not--
</DELETED>
<DELETED> (A) restrict the ability of a student
athlete, group of student athletes, or prospective
student athlete--</DELETED>
<DELETED> (i) to market or earn compensation
for the value of their name, image, or likeness
rights; or</DELETED>
<DELETED> (ii) to enter into a name, image,
and likeness agreement;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Exceptions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Mandatory Disclosures by Student Athletes.--</DELETED>
<DELETED> (1) In general.--All student athletes shall report
to their institution--</DELETED>
<DELETED> (A) not later than 30 days after entering
into a name, image, and likeness agreement, the terms
of any such 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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Exception.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Adjustment for inflation.--An
intercollegiate athletic association shall adjust the
amount described in clause (i) 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.</DELETED>
<DELETED> (4) Release of information.--Except as provided in
section 104, an institution may not release any information
provided by 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.</DELETED>
<DELETED> (5) Limitation.--This subsection shall apply only
to Division I institutions as defined by bylaw 20.9 of the
National Collegiate Athletic Association, or a successor bylaw,
and student athletes or prospective student athletes of such
institutions.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 102. MODIFICATIONS TO SPORTS AGENT RESPONSIBILITY AND
TRUST ACT.</DELETED>
<DELETED> (a) In General.--The Sports Agent Responsibility and Trust
Act (15 U.S.C. 7801 et seq.) is amended--</DELETED>
<DELETED> (1) in section 2 (15 U.S.C. 7801)--</DELETED>
<DELETED> (A) 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'';</DELETED>
<DELETED> (B) by redesignating paragraphs (6)
through (9) as paragraphs (7) through (10),
respectively; and</DELETED>
<DELETED> (C) by inserting after paragraph (5) the
following:</DELETED>
<DELETED> ``(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'';</DELETED>
<DELETED> (2) in section 3 (15 U.S.C. 7802)--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) in paragraph (2), by striking
``or'' at the end;</DELETED>
<DELETED> (ii) in paragraph (3), by striking
the period at the end and inserting a
semicolon; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(4) enter into an agency contract or represent a
student athlete in a manner that violates section 9;</DELETED>
<DELETED> ``(5) charge a student athlete a fee in connection
with an endorsement contract that exceeds 5 percent of the
value of the endorsement contract;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(8) make a materially false, deceptive, or
fraudulent statement in the application for registration as an
athlete agent.''; and</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (3) by inserting after section 5 (15 U.S.C. 7804)
the following:</DELETED>
<DELETED>``SEC. 5A. PRIVATE RIGHT OF ACTION.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Relief.--In a civil action brought under subsection
(a) in which the plaintiff prevails, the court may award--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) actual damages.</DELETED>
<DELETED> ``(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 to the prevailing party.</DELETED>
<DELETED> ``(d) Invalidity of Pre-Dispute Arbitration Agreements and
Pre-Dispute Joint Action Waivers.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Definitions.--In this subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED>``SEC. 9. REGISTRATION OF ATHLETE AGENTS AND OTHER
REQUIREMENTS.</DELETED>
<DELETED> ``(a) In General.--An athlete agent who seeks to represent
a student athlete in an endorsement contract shall--</DELETED>
<DELETED> ``(1) register with a State before representing a
student athlete for an endorsement contract; and</DELETED>
<DELETED> ``(2) enter into an agency contract with the
student athlete before providing representation in an
endorsement contract.</DELETED>
<DELETED> ``(b) Registration Established.--An individual is deemed
to be registered with a State for purposes of this section if the
individual is--</DELETED>
<DELETED> ``(1) a registered professional sports agent with
a professional sports league or players association, in good
standing; or</DELETED>
<DELETED> ``(2) registered and certified under the All State
Uniform Agent Acts in the State in which the agent operates, in
good standing.</DELETED>
<DELETED> ``(c) Certification to Intercollegiate Athletic
Associations.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Requirements for Agency Contracts.--To be a valid
contract, an agency contract shall--</DELETED>
<DELETED> ``(1) state the name of each party to the
contract;</DELETED>
<DELETED> ``(2) state the term of the contract;</DELETED>
<DELETED> ``(3) state the registration information for the
athlete agent; and</DELETED>
<DELETED> ``(4) state the fee or commission charged by the
athlete agent.</DELETED>
<DELETED>``SEC. 10. ENDORSEMENT CONTRACT REQUIREMENTS.</DELETED>
<DELETED> ``(a) Requirements for Endorsement Contracts.--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:</DELETED>
<DELETED> ``(1) The contract is in writing.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) The contract contains--</DELETED>
<DELETED> ``(A) a description of services
rendered;</DELETED>
<DELETED> ``(B) the names of each party to the
contract;</DELETED>
<DELETED> ``(C) the terms of the contract;</DELETED>
<DELETED> ``(D) the amount of compensation to be
provided to the student athlete under the
contract;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) The contract is not for a term that extends
beyond the eligibility of the student athlete to participate in
intercollegiate sports, if such contract is between a student
athlete and an institution, intercollegiate athletic
association, conference, associated entity, or
collective.''.</DELETED>
<DELETED> (b) Clerical Amendments.--The table of contents for the
Sports Agent Responsibility and Trust Act is amended--</DELETED>
<DELETED> (1) by inserting after the item relating to
section 5 the following:</DELETED>
<DELETED>``Sec. 5A. Private right of action.'';
<DELETED>and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED>``Sec. 9. Registration of athlete agents and other
requirements.
<DELETED>``Sec. 10. Endorsement contract requirements.''.
<DELETED>SEC. 103. AGENT REGISTRY REQUIREMENTS FOR INTERCOLLEGIATE
ATHLETIC ASSOCIATIONS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) have certified compliance with all rules and
bylaws of such intercollegiate athletic association, including
any recruitment and tampering rules adopted under section
117.</DELETED>
<DELETED> (b) Decertification Permitted.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 104. DISCLOSURES AND ESTABLISHMENT OF NAME, IMAGE, AND
LIKENESS AGREEMENT DATABASE.</DELETED>
<DELETED> (a) Disclosures by Institutions.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) With respect to each name, image, and
likeness agreement disclosed to the institution by a
student athlete as required by section 101(b)--
</DELETED>
<DELETED> (i) a description of services
rendered; and</DELETED>
<DELETED> (ii) the amount of compensation to
be provided to the student athlete or group of
athletes under the agreement.</DELETED>
<DELETED> (B) With respect to each name, image, and
likeness agreement entered into between the institution
and a student athlete, disaggregated by intercollegiate
sports program--</DELETED>
<DELETED> (i) the number of agreements the
institution entered into;</DELETED>
<DELETED> (ii) the average value of the
agreements; and</DELETED>
<DELETED> (iii) the total value of the
agreements.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) The average number of hours student
athletes spent on intercollegiate athletic events and
intercollegiate athletic competition, disaggregated by
sports program.</DELETED>
<DELETED> (C) The academic outcomes and majors for
student athletes, disaggregated by sports
program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Disclosures by Associations and Database.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Content of database.--An intercollegiate
athletic association shall include the data reported by
institutions pursuant to subsection (a)(1) in the database
described in paragraph (1).</DELETED>
<DELETED> (3) Update of database.--An intercollegiate
athletic association shall update the database described in
paragraph (1) each September 1.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Limitation.--This section applies only to
institutions that compete in Division 1 as defined by bylaw
20.9 of the National Collegiate Athletic Association, or a
successor bylaw.</DELETED>
<DELETED>SEC. 105. ACADEMIC PROTECTIONS.</DELETED>
<DELETED> (a) Prohibitions Relating to Coursework and
Extracurricular Activities.--</DELETED>
<DELETED> (1) In general.--An employee or volunteer of an
athletic department of an institution may not--</DELETED>
<DELETED> (A) exert undue pressure over or prevent a
student athlete from selecting a course or an academic
major of the student athlete's choice;</DELETED>
<DELETED> (B) retaliate against a student athlete
based on the student athlete's selection of any course
or academic major; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) informing a student athlete of
academic eligibility requirements and mandatory and
expected team activities; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Scholarship Protections.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) as a result of an injury or illness
based on a physical or mental medical condition of the
student athlete; or</DELETED>
<DELETED> (C) roster management decisions.</DELETED>
<DELETED> (2) Exception.--</DELETED>
<DELETED> (A) In general.--An institution may
revoke, reduce, or condition the grant-in-aid of a
student athlete or former student athlete who--
</DELETED>
<DELETED> (i) transfers to another
institution; or</DELETED>
<DELETED> (ii) does not remain in good
standing in accordance with--</DELETED>
<DELETED> (I) the standards or code
of conduct of the institution
applicable to all students;</DELETED>
<DELETED> (II) the established
athletics program policies for
participating in mandatory team
athletic activities for a varsity
sports team; or</DELETED>
<DELETED> (III) the academic
standards for athletic
eligibility.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (D) Former student athletes.--</DELETED>
<DELETED> (i) In general.--With respect to a
former student athlete described in clause
(ii), an institution shall provide the former
student athlete--</DELETED>
<DELETED> (I) the opportunity to
resume study at the institution for the
purpose of completing the requirements
necessary to earn a degree;
and</DELETED>
<DELETED> (II) the amount of grant-
in-aid the former student athlete
received while previously enrolled at
the institution and participating--
</DELETED>
<DELETED> (aa) in
intercollegiate athletic
competition; or</DELETED>
<DELETED> (bb) as a member
of a varsity sports
team.</DELETED>
<DELETED> (ii) Former student athlete
described.--A former student athlete described
in this subparagraph is a former student
athlete of an institution who--</DELETED>
<DELETED> (I) was enrolled at the
institution during their last year of
eligibility to participate in
intercollegiate athletic competition
during the preceding 10-year
period;</DELETED>
<DELETED> (II) received grant-in-aid
while enrolled at the
institution;</DELETED>
<DELETED> (III) was not subject to
the revocation of grant-in-aid under
subparagraph (A)(ii)(I); and</DELETED>
<DELETED> (IV) has not completed the
course of study for an undergraduate
degree.</DELETED>
<DELETED> (iii) Application.--This
subparagraph applies only to institutions that
compete in Division I, as defined by bylaw 20.9
of the National Collegiate Athletic
Association, or successor bylaw.</DELETED>
<DELETED> (E) Rule of construction.--Nothing in this
paragraph may be construed to preclude--</DELETED>
<DELETED> (i) an institution from providing
additional grant-in-aid protections for student
athletes or former student athletes;
or</DELETED>
<DELETED> (ii) an intercollegiate athletic
association, conference, institution, student
athlete, or former student athlete from
requesting or advocating for additional grant-
in-aid protections.</DELETED>
<DELETED> (3) Limitation.--Subsection (c)(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.</DELETED>
<DELETED>SEC. 106. MEDICAL COVERAGE REQUIREMENTS.</DELETED>
<DELETED> (a) In General.--Each Division I institution, as defined
by bylaw 20.9 of the National Collegiate Athletic Association, or a
successor bylaw, or an intercollegiate athletic association or
conference comprised of Division I member institutions shall provide or
cause to be provided--</DELETED>
<DELETED> (1) during the participation of a student athlete
in an intercollegiate sport--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) for the 5-year period beginning on the date
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.</DELETED>
<DELETED> (b) Intercollegiate Athletic Association Post-Eligibility
Insurance and Catastrophic Injury Fund or Program.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) post-eligibility medical expenses for
a member institution's student athletes diagnosed with
significant long-term conditions related to their
participation in an intercollegiate sport, including
chronic traumatic encephalopathy and any other
cognitive impairment.</DELETED>
<DELETED> (2) Amount of fund.--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 at least $60,000,000 on the first day of
each academic year.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Rule of Construction.--Nothing in this section may be
construed to preclude an intercollegiate athletic association from--
</DELETED>
<DELETED> (1) providing or causing to be provided to student
athletes medical coverage in addition to the medical coverage
required by subsection (a); or</DELETED>
<DELETED> (2) exceeding $60,000,000 for the fund or program
established in subsection (b) for any academic year.</DELETED>
<DELETED>SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) for any student athlete who is identified
with--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) abuse or hazing of any student athlete,
including physical and sexual abuse; and</DELETED>
<DELETED> (2) sexual assault, sexual misconduct, and sexual
harassment.</DELETED>
<DELETED> (c) Provision of Information on Contact for Student
Athlete Ombudsman.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Athletic Health and Safety Officers.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) consulting with student athletes and
athletic department personnel and reporting any
suspected violations of this section to the employee
specified under paragraph (2).</DELETED>
<DELETED> (e) Independence of Medical Professionals.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Rule of Construction.--Nothing in this section may be
construed to preclude--</DELETED>
<DELETED> (1) an intercollegiate athletic association from
establishing additional health, wellness, and safety standards
to protect student athletes; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 108. OFFICE OF THE STUDENT ATHLETE OMBUDSMAN.</DELETED>
<DELETED> (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'').</DELETED>
<DELETED> (b) Duties.--The Office shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) assist in the resolution of student athlete
concerns regarding the intercollegiate athletic association,
conferences, or institutions;</DELETED>
<DELETED> (3) provide independent advice to student athletes
with respect to the role, responsibility, authority, and
jurisdiction of the intercollegiate athletic association,
conferences, or institutions;</DELETED>
<DELETED> (4) provide student athletes with current contact
information for external third-party resources for student
athletes; and</DELETED>
<DELETED> (5) provide independent advice to student athletes
with respect to the relative value of engaging legal
counsel.</DELETED>
<DELETED> (c) Administration.--An interstate intercollegiate
athletic association shall hire and provide salary, benefits, and
administrative expenses for an Ombudsman and support staff for the
Office.</DELETED>
<DELETED> (d) Confidentiality.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Application.--The confidentiality requirements
under this subsection shall not apply to information--
</DELETED>
<DELETED> (A) as necessary to comply with applicable
reporting requirements mandated by Federal
law;</DELETED>
<DELETED> (B) relating to a felony personally
witnessed by a member of the Office;</DELETED>
<DELETED> (C) if necessary to protect an individual
at imminent risk of serious harm; or</DELETED>
<DELETED> (D) with the permission of the parties
involved, as necessary to resolve or mediate a
dispute.</DELETED>
<DELETED> (4) Judicial and administrative proceedings.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Confidentiality.--Any memorandum, work
product, notes, or case file of the Office--</DELETED>
<DELETED> (i) shall be confidential;
and</DELETED>
<DELETED> (ii) shall not be--</DELETED>
<DELETED> (I) subject to discovery,
subpoena, or any other means of legal
compulsion; or</DELETED>
<DELETED> (II) admissible as
evidence in a judicial or
administrative proceeding.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES,
SERVICES, AND EVENTS.</DELETED>
<DELETED> Intercollegiate athletic associations and conferences
shall maintain comparable standards for medical care, lodging, meals,
rest, transportation, and, if applicable, athletic facilities for
championship events or tournaments, across similarly situated men's and
women's athletic programs.</DELETED>
<DELETED>SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING
TRANSITIONS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) recruiting or contacting prospective or
current student athletes;</DELETED>
<DELETED> (2) directing, participating in, or materially
influencing recruiting strategy or evaluations;</DELETED>
<DELETED> (3) directing, participating in, or materially
influencing roster management decisions, including decisions
relating to transfers;</DELETED>
<DELETED> (4) facilitating, coordinating, negotiating, or
otherwise materially influencing name, image, and likeness
activities involving student athletes;</DELETED>
<DELETED> (5) directing, supervising, or materially
influencing coaching staff or team operations;</DELETED>
<DELETED> (6) participating in practice planning, game
preparation, strategic decision-making, or on-field
activities;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (8) undertaking any other activity customarily
associated with a head coach of a varsity sports team for
intercollegiate football.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Intercollegiate football.--The term
``intercollegiate football''--</DELETED>
<DELETED> (A) means football played between
institutions for which eligibility requirements for
participation by a student athlete are established by
an intercollegiate athletic association; and</DELETED>
<DELETED> (B) does not include a recreational,
intramural, or club sport.</DELETED>
<DELETED>SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE
ATHLETIC ASSOCIATION GOVERNING BOARDS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Limitation.--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) no member of any such board or committee shall
vote on any matter that presents a conflict of interest for
such member.</DELETED>
<DELETED>SEC. 112. TRANSFER PROTECTIONS.</DELETED>
<DELETED> An institution, a conference, an intercollegiate athletic
association, or any representative of such entity shall permit a
student athlete to transfer from one institution to another
institution--</DELETED>
<DELETED> (1) once without losing or delaying eligibility to
participate in intercollegiate sports;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) additionally, without losing or delaying
eligibility to participate in intercollegiate sports, upon--
</DELETED>
<DELETED> (A) discontinuation of a sport in which
the student athlete competes;</DELETED>
<DELETED> (B) the departure of the head coach of the
student athlete's varsity sports team;</DELETED>
<DELETED> (C) sexual assault or harassment of the
student athlete by an individual associated with the
student athlete's varsity sports team; or</DELETED>
<DELETED> (D) the student athlete pursuing a
graduate degree.</DELETED>
<DELETED>SEC. 113. ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
SPORTS.</DELETED>
<DELETED> (a) In General.--An individual is eligible to participate
on a varsity sports team or in intercollegiate athletic competition if
the individual--</DELETED>
<DELETED> (1) is a student athlete;</DELETED>
<DELETED> (2) meets uniform academic standards established
by the relevant intercollegiate athletic association,
conference, or institution;</DELETED>
<DELETED> (3) is not a professional athlete; and</DELETED>
<DELETED> (4) complies with established rules that restrict
eligibility for violations of State or Federal law.</DELETED>
<DELETED> (b) Years of Eligibility.--</DELETED>
<DELETED> (1) In general.--Subject to paragraph (2), the
student athlete is eligible to compete in intercollegiate
athletic competition for a maximum of 5 calendar years
beginning at the start of the regular academic year immediately
following, whichever occurs first--</DELETED>
<DELETED> (A) the student athlete's 19th
birthday;</DELETED>
<DELETED> (B) the student athlete's actual high
school graduation date;</DELETED>
<DELETED> (C) the student athlete's expected high
school graduation date based on the first year of high
school enrollment; or</DELETED>
<DELETED> (D) the date a student athlete enrolls
full time at an institution.</DELETED>
<DELETED> (2) Exceptions.--Paragraph (1) does not apply
during a period of absence for any of the following:</DELETED>
<DELETED> (A) Reasons of pregnancy.</DELETED>
<DELETED> (B) Religious mission.</DELETED>
<DELETED> (C) Active-duty military
service.</DELETED>
<DELETED> (D) Other periods of absence adopted by
rule or bylaw by an intercollegiate athletic
association that apply uniformly to all student
athletes.</DELETED>
<DELETED> (c) Restrictions on Eligibility.--</DELETED>
<DELETED> (1) In general.--An intercollegiate athletic
association or a conference may restrict a student athlete's
eligibility to participate in intercollegiate sports if the
student athlete--</DELETED>
<DELETED> (A) used an illegal or performance
enhancing drug; or</DELETED>
<DELETED> (B) participated in sports wagering
activities.</DELETED>
<DELETED> (2) Code of conduct.--An institution may restrict
a student athlete's eligibility to participate in
intercollegiate sports if the student athlete violated the
institution's code of conduct that applies to all
students.</DELETED>
<DELETED> (d) Clarification on Prize Money.--For purposes of
subsection (a)(3), 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--</DELETED>
<DELETED> (1) the prize money was provided only by the
sponsor of the athletics event; and</DELETED>
<DELETED> (2) the sponsor of the athletics event is not an
institution, employee of an institution, volunteer of an
institution, collective, or an associated entity.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Rule of Construction.--Nothing in this section shall
be construed to restrict the ability of an institution to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 114. PROHIBITED COMPENSATION AND AGREEMENTS.</DELETED>
<DELETED> (a) Certain Agreements and Compensation Prohibited.--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--</DELETED>
<DELETED> (1) except as provided in 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--</DELETED>
<DELETED> (A) a student athlete, a group of student
athletes, or their family members; or</DELETED>
<DELETED> (B) a prospective student athlete, a group
of prospective student athletes, or their family
members; or</DELETED>
<DELETED> (2) enter into a name, image, and likeness
agreement with a student athlete or prospective student athlete
that is not--</DELETED>
<DELETED> (A) for a valid business purpose;
and</DELETED>
<DELETED> (B) commensurate with compensation paid to
individuals with a similar profile, reputation, or
notability who are not student athletes or prospective
student athletes.</DELETED>
<DELETED> (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 Legislation'', 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, provided
they are--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) reasonable costs for meals, shelter, medical
coverage, and medical expenses not provided or covered by the
institution; and</DELETED>
<DELETED> (3) reasonable education-related financial
benefits, such as institution fees, books, or other incidental
educational expenses that are not otherwise provided by the
institution.</DELETED>
<DELETED> (c) Valid Business Purpose.--A name, image, and likeness
agreement with a student athlete shall be for a valid business
purpose.</DELETED>
<DELETED> (d) Institution Defined.--In this section, the term
``institution'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) an institution that is a party to, through
membership in a conference or otherwise, ``In Re College
Athlete NIL Legislation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025), or has opted in to the Injunctive Relief Settlement in
that case.</DELETED>
<DELETED>SEC. 115. EXTENSION OF THE REVENUE SHARE CAP.</DELETED>
<DELETED> (a) In General.--Upon expiration or termination of the
Injunctive Relief Settlement Agreement approved by the court in ``In Re
College Athlete NIL Legislation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025), the revenue share cap shall continue to apply with respect to
section 114(a), including any adjustments specified in subsection
(b).</DELETED>
<DELETED> (b) Adjustment of Revenue Share Cap.--Upon expiration of
the Injunctive Relief Settlement Agreement approved by the court in
``In Re College Athlete NIL Legislation'', No. 20-cv-03919 (N.D. Cal.
June 6, 2025), the annual revenue share cap shall be adjusted annually
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.</DELETED>
<DELETED>SEC. 116. COMMISSION ON THE FUTURE OF COLLEGE
ATHLETICS.</DELETED>
<DELETED> (a) Commission on the Future of College Athletics.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Purpose.--The purpose of the commission is to
provide recommendations for the future of college
athletics.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) Composition.--Subject to paragraph (2), the
Commission shall be composed of 20 members, of whom--</DELETED>
<DELETED> (A) 4 members shall be appointed by the
chair of the Committee on Commerce, Science, and
Transportation, of which at least 1 member shall be a
student athlete or former student athlete;</DELETED>
<DELETED> (B) 4 members shall be appointed by the
ranking member of the Committee on Commerce, Science,
and Transportation of the Senate, of which at least 1
member shall be a student athlete or former student
athlete;</DELETED>
<DELETED> (C) 4 members shall be appointed by the
chair of the Committee on Energy and Commerce of the
House of Representatives, of which at least 1 member
shall be a student athlete or former student
athlete;</DELETED>
<DELETED> (D) 4 members shall be appointed by the
ranking member of the Committee on Energy and Commerce
of the House of Representatives, of which at least 1
member shall be a student athlete or former student
athlete;</DELETED>
<DELETED> (E) 1 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;</DELETED>
<DELETED> (F) 1 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;</DELETED>
<DELETED> (G) 1 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</DELETED>
<DELETED> (H) 1 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Co-chairs, executive director, and staff.--
</DELETED>
<DELETED> (A) Co-chairs.--The Commission shall have
2 co-chairs, of whom--</DELETED>
<DELETED> (i) 1 co-chair shall be a member
selected by the majority party; and</DELETED>
<DELETED> (ii) 1 co-chair shall be a member
selected by the minority party.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Authority.--The Commission may, for the purpose of
carrying out the duties of the Commission--</DELETED>
<DELETED> (1) hold such hearings and sit and act at such
times and places, take such testimony, receive such evidence,
and administer such oaths; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Duties.--The duties of the Commission are as
follows:</DELETED>
<DELETED> (1) To study and develop recommendations
regarding--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) protecting and preserving athletic
opportunities for student athletes, particularly in
non-revenue generating, women's, and Olympic sports
intercollegiate athletic programs;</DELETED>
<DELETED> (C) whether any intercollegiate sport
should be subject to spending or cost
limitations;</DELETED>
<DELETED> (D) whether to eliminate, extend, or
change the Pool Benefits Limit set forth in the
Injunctive Relief Settlement Agreement as approved or
amended by the court in ``In Re College Athlete NIL
Legislation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025);</DELETED>
<DELETED> (E) compliance with endorsement contract
reporting requirements established by an athletic
association or a conference;</DELETED>
<DELETED> (F) adequacy of health and safety
standards established pursuant to this title and
compliance with those standards by
institutions;</DELETED>
<DELETED> (G) the adequacy of the athlete agent
provisions of this title;</DELETED>
<DELETED> (H) the extent to which student athletes
experience abuse or mistreatment and measures that
could protect student athletes from such abuse or
mistreatment;</DELETED>
<DELETED> (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; and</DELETED>
<DELETED> (J) any other recommendations regarding
intercollegiate athletics.</DELETED>
<DELETED> (2) To draft a joint resolution of approval under
subsection (i) that provides for implementation of the
Commission's recommendation on whether to eliminate, raise, or
lower the Pool Benefits Limit in section 114(a).</DELETED>
<DELETED> (3) 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--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate;</DELETED>
<DELETED> (B) the Committee on Energy and Commerce
of the House of Representatives; and</DELETED>
<DELETED> (C) the President.</DELETED>
<DELETED> (e) Quorum.--Ten members of the Commission, of which 3
members shall be current or former student athletes, shall constitute a
quorum.</DELETED>
<DELETED> (f) 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 (e).</DELETED>
<DELETED> (g) Public Hearings.--The Commission shall hold 1 or more
public hearings.</DELETED>
<DELETED> (h) Status.--The Commission is not an agency (as defined
in section 551 of title 5, United States Code).</DELETED>
<DELETED> (i) 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.</DELETED>
<DELETED> (j) Termination.--The Commission shall terminate 90 days
after the date on which the Commission submits the report required by
this section.</DELETED>
<DELETED> (k) 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.</DELETED>
<DELETED>SEC. 117. RECRUITMENT AND TAMPERING.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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 them to transfer to or enroll at an institution
except for during the 5 consecutive weeks starting 7 days 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;</DELETED>
<DELETED> (2) prohibit an athlete agent from contacting an
institution, employee of an institution, or institution
associated 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 the 5
consecutive weeks starting 7 days 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;</DELETED>
<DELETED> (3) 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; or</DELETED>
<DELETED> (4) 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 to enroll at an institution or transfer to an
institution by offering compensation to a student athlete in
violation of paragraphs (1), (2), or (3).</DELETED>
<DELETED>SEC. 118. LIMITATION ON LIABILITY.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) section 114;</DELETED>
<DELETED> (2) section 115;</DELETED>
<DELETED> (3) section 113;</DELETED>
<DELETED> (4) sections 101(a)(3) and 101(b)(1) and
subparagraphs (A) and (B) of section 101(b)(2);</DELETED>
<DELETED> (5) section 117;</DELETED>
<DELETED> (6) section 112;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) section 103; and</DELETED>
<DELETED> (9) section 110.</DELETED>
<DELETED> (b) Sanctions by an Intercollegiate Athletic
Association.--It shall not be unlawful under the antitrust laws for an
intercollegiate athletic association to, including through rules or
bylaws--</DELETED>
<DELETED> (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, or 115;</DELETED>
<DELETED> (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, or 115;</DELETED>
<DELETED> (3) restrict the eligibility of a student athlete
who--</DELETED>
<DELETED> (A) is not eligible to participate in
intercollegiate athletic competition or participate on
a varsity sports team under section 113;</DELETED>
<DELETED> (B) has transferred to an institution in a
manner that does not comply with section 112;
or</DELETED>
<DELETED> (C) has received compensation in
contravention of section 114 or section 115;
or</DELETED>
<DELETED> (4) decertify an athlete agent for violations of
section 103 or the amendments made by section 102.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 119. PRIVATE RIGHT OF ACTION.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Subsections (a) and (c) of section
101.</DELETED>
<DELETED> (2) Section 104.</DELETED>
<DELETED> (3) Section 105.</DELETED>
<DELETED> (4) Section 106.</DELETED>
<DELETED> (5) Section 107.</DELETED>
<DELETED> (6) Section 108.</DELETED>
<DELETED> (7) Section 109.</DELETED>
<DELETED> (8) Section 111.</DELETED>
<DELETED> (9) Section 112, only to the extent the claim--
</DELETED>
<DELETED> (A) alleges an intercollegiate athletic
association, a conference, or an institution has not
complied with the transfer standard set forth in
section 112;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) is filed in an appropriate district
court of the United States.</DELETED>
<DELETED> (10) Section 113, only to the extent the claim--
</DELETED>
<DELETED> (A) alleges an intercollegiate athletic
association, a conference, or an institution has not
complied with the eligibility standard set forth in
section 113;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) is filed in an appropriate district
court of the United States.</DELETED>
<DELETED> (11) Section 114(b).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Relief.--</DELETED>
<DELETED> (1) In general.--In a civil action brought under
subsection (a) in which the plaintiff prevails, the court may
award the plaintiff--</DELETED>
<DELETED> (A) actual damages; and</DELETED>
<DELETED> (B) any other relief, including equitable
relief or declaratory relief, that the court determines
appropriate.</DELETED>
<DELETED> (2) Attorney's fees and costs.--In a civil action
brought under subsection (a), the court may, in its discretion,
award reasonable attorney's fees and litigation costs to the
prevailing party.</DELETED>
<DELETED> (d) Limitation on Pre-Dispute Agreements and Waivers.--
</DELETED>
<DELETED> (1) Pre-dispute arbitration agreement.--</DELETED>
<DELETED> (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 by this
title.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Disputes Arising From Enforcement of Injunctive Relief
Settlement.--Notwithstanding subsection (d)--</DELETED>
<DELETED> (1) a claim made by any entity or individual
subject to the injunctive relief provisions in ``In Re College
Athlete NIL Legislation'', 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</DELETED>
<DELETED> (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 Legislation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025).</DELETED>
<DELETED> (f) Notice Requirement for Civil Actions.--</DELETED>
<DELETED> (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 60 days written
notice identifying the specific provisions set forth in
subsection (a) that the plaintiff alleges have been or are
being violated.</DELETED>
<DELETED> (2) Effect of cure.--In the event a cure is
possible, if, within the 60-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.</DELETED>
<DELETED>SEC. 120. WHISTLEBLOWER PROTECTION.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Enforcement Action.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Relief.--An individual prevailing in any
action under paragraph (1) may obtain--</DELETED>
<DELETED> (A) compensatory damages and the cost of
the action, including reasonable attorney's fees and
other litigation costs reasonably incurred;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) temporary relief while the case is
pending; and</DELETED>
<DELETED> (D) if the prevailing individual is an
employee--</DELETED>
<DELETED> (i) reinstatement with the same
seniority status that the individual would have
had, but for the discrimination; and</DELETED>
<DELETED> (ii) backpay otherwise owed to the
individual, with interest.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Nonenforceability of Certain Provisions Waiving Rights
and Remedies or Requiring Arbitration of Disputes.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 121. RELATIONSHIP TO EXISTING LAW.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) conflicts with any provision of this title
that would prevent compliance with this title; or</DELETED>
<DELETED> (2) governs, regulates, or invalidates policies or
rules of an institution, a conference, or an intercollegiate
athletic association that regulates--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) transfers of student athletes between
institutions; or</DELETED>
<DELETED> (C) the eligibility of a student athlete
to participate in intercollegiate athletics.</DELETED>
<DELETED> (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 except to the extent
that such law rule, regulation, requirement, or common law right or
remedy conflicts with subsection (a):</DELETED>
<DELETED> (1) Uniform Athlete Agent Acts.</DELETED>
<DELETED> (2) Civil rights laws.</DELETED>
<DELETED> (3) Tort law.</DELETED>
<DELETED> (4) Criminal law.</DELETED>
<DELETED> (5) Any law, whether statutory or common law, that
gives rise to a cause of action for personal injury, wrongful
death, property damage, sexual assault, injury, or harassment,
or other financial, physical, reputational, or psychological
injury based in negligence, strict liability, products
liability, or failure to warn.</DELETED>
<DELETED> (6) Laws that relate to student or campus
safety.</DELETED>
<DELETED> (7) Fraud.</DELETED>
<DELETED> (8) Privacy or data breach.</DELETED>
<DELETED> (9) Contract law.</DELETED>
<DELETED> (10) Trademark law.</DELETED>
<DELETED> (11) Copyright law.</DELETED>
<DELETED> (12) Consumer protection law.</DELETED>
<DELETED> (c) Rules of Construction.--</DELETED>
<DELETED> (1) Antitrust laws.--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.</DELETED>
<DELETED> (2) Federal trademark and copyright law.--Nothing
in this title or the amendments made by this title may be
construed to override, modify, or amend the applicability of
Federal trademark or copyright law.</DELETED>
<DELETED>SEC. 122. NEUTRALITY ON EMPLOYEE OR NON-EMPLOYEE
STATUS.</DELETED>
<DELETED> This title is neutral on, and does nothing to alter,
employee or non-employee status for student athletes.</DELETED>
<DELETED>SEC. 123. APPLICABILITY.</DELETED>
<DELETED> This title, and the amendments made by this title, 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.</DELETED>
<DELETED>SEC. 124. SEVERABILITY.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II--SPORTS BROADCASTING</DELETED>
<DELETED>SEC. 201. DEFINITIONS.</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (b) Amendments to Sports Broadcasting Act of 1961.--The
Sports Broadcasting Act of 1961 is amended--</DELETED>
<DELETED> (1) by redesignating sections 5 and 6 (15 U.S.C.
1295, 1291 note) as sections 8 and 9, respectively;
and</DELETED>
<DELETED> (2) in section 8, as so redesignated--</DELETED>
<DELETED> (A) by striking ``As used in this Act,
`persons' means'' and inserting the following: ``As
used in this Act:''</DELETED>
<DELETED> ``(12) Persons.--The term `persons'
means'';</DELETED>
<DELETED> (B) by inserting before paragraph (12), as
so designated, the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Conference.--The term `conference' means any
organization that is not an intercollegiate athletic
association and that--</DELETED>
<DELETED> ``(A) has 2 or more institutions as
members; and</DELETED>
<DELETED> ``(B) arranges championships for
intercollegiate athletic competitions or sets rules for
intercollegiate athletic competitions.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Grant-in-aid.--The term `grant-in-aid'--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) is paid or provided by an
institution to a student for the undergraduate
or graduate course of study of the student;
and</DELETED>
<DELETED> ``(ii) is in an amount that does
not exceed the cost of attendance for the
student at the institution; and</DELETED>
<DELETED> ``(B) does not include compensation paid
to an individual who is a student athlete or a former
student athlete.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(6) Intercollegiate athletic association.--The
term `intercollegiate athletic association'--</DELETED>
<DELETED> ``(A) means any organization, not-for-
profit corporation, association, or other group
organized in the United States that--</DELETED>
<DELETED> ``(i) is composed of 2 or more
institutions or conferences that--</DELETED>
<DELETED> ``(I) are located in
different States; or</DELETED>
<DELETED> ``(II) participate in
intercollegiate athletic competitions
in more than 1 State;</DELETED>
<DELETED> ``(ii) sponsors or arranges
intercollegiate athletic competitions between
institutions;</DELETED>
<DELETED> ``(iii) sets common rules,
standards, procedures, or guidelines for the
administration of intercollegiate athletic
competition; and</DELETED>
<DELETED> ``(iv) is not a
conference;</DELETED>
<DELETED> ``(B) includes--</DELETED>
<DELETED> ``(i) the National Collegiate
Athletic Association; and</DELETED>
<DELETED> ``(ii) any other national
intercollegiate athletic association;
and</DELETED>
<DELETED> ``(C) does not include a corporation,
association, or other group affiliated with
professional athletic competition.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(8) Intercollegiate football.--The term
`intercollegiate football' means the intercollegiate sport of
football.</DELETED>
<DELETED> ``(9) Intercollegiate sport.--The term
`intercollegiate sport'--</DELETED>
<DELETED> ``(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 interstate intercollegiate athletic
association; and</DELETED>
<DELETED> ``(B) does not include a recreational,
intramural, or club sport.</DELETED>
<DELETED> ``(10) Member conference.--The term `member
conference', with respect to the covered entity, means a
conference that is a member of the covered entity.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) by inserting after paragraph (12), as
so redesignated, the following:</DELETED>
<DELETED> ``(13) Student athlete.--The term `student
athlete' means an individual who--</DELETED>
<DELETED> ``(A) is enrolled as a full-time student
at an institution;</DELETED>
<DELETED> ``(B) makes satisfactory progress towards
completing a degree; and</DELETED>
<DELETED> ``(C) participates in intercollegiate
athletic competitions or competes for a varsity sports
team as part of the institution's educational,
developmental, or extracurricular programs.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) are both members of the covered
entity;</DELETED>
<DELETED> ``(B) are not members of the same
conference; and</DELETED>
<DELETED> ``(C) rank among each other's top 10
historic opponents in intercollegiate
football.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 202. LIMITATION ON LIABILITY FOR TRANSMISSION OF
COLLEGIATE SPORTS COMPETITIONS.</DELETED>
<DELETED> (a) In General.--Section 1 of the Sports Broadcasting Act
of 1961 (15 U.S.C. 1291) is amended--</DELETED>
<DELETED> (1) by striking ``That the'' and inserting the
following:</DELETED>
<DELETED>``SECTION 1. EXEMPTION OF CERTAIN AGREEMENTS FROM ANTITRUST
LAWS.</DELETED>
<DELETED> ``(a) Professional Sports.--The''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendments.--The Sports
Broadcasting Act of 1961 is amended--</DELETED>
<DELETED> (1) in section 2 (15 U.S.C. 1292)--</DELETED>
<DELETED> (A) by striking ``Section 1'' and
inserting ``Section 1(a)''; and</DELETED>
<DELETED> (B) by striking ``in section 1'' and
inserting ``in section 1(a)'';</DELETED>
<DELETED> (2) in section 3 (15 U.S.C. 1293), by striking
``section 1'' each place it appears and inserting ``section
1(a)''; and</DELETED>
<DELETED> (3) in section 4 (15 U.S.C. 1294), by striking
``section 1'' and inserting ``section 1(a)''.</DELETED>
<DELETED>SEC. 203. REQUIREMENTS FOR ENTITIES SELLING MEDIA
RIGHTS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 5. REQUIREMENTS FOR ENTITIES SELLING MEDIA
RIGHTS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Membership of the Covered Entity.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Invitation requirement.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Voting Rights.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(A) Votes of conferences and
institutions.--Subject to subparagraph (C), the covered
entity shall--</DELETED>
<DELETED> ``(i) in the bylaws of the covered
entity--</DELETED>
<DELETED> ``(I) provide that each
member conference or member institution
has 1 vote on each type of decision or
determination described in paragraph
(2); and</DELETED>
<DELETED> ``(II) specify the minimum
number of votes required for each type
of decision or determination described
in paragraph (2); and</DELETED>
<DELETED> ``(ii) require the bylaws to be
adopted unanimously by the member conferences
and member institutions.</DELETED>
<DELETED> ``(B) Votes of student athletes.--The
covered entity shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) ensure that each individual
designated under clause (i) has 1 vote on a
decision or determination described in
paragraph (2)(C).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Voting thresholds.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Revenue Allocation Formula.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) according to the allocation of
collective media rights revenue most recently
determined in accordance with subsection (c)(2)(C);
and</DELETED>
<DELETED> ``(B) in accordance with the requirements
of this subsection.</DELETED>
<DELETED> ``(2) Requirements.--The distribution of
collective media rights revenue under paragraph (1) shall--
</DELETED>
<DELETED> ``(A) ensure that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Protection of Women's and Olympic Sports.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Contribution of Media Rights.--</DELETED>
<DELETED> ``(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 the basketball tournaments organized by the
National Collegiate Athletic Association.</DELETED>
<DELETED> ``(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 the basketball
tournaments organized by the National Collegiate Athletic
Association.</DELETED>
<DELETED> ``(3) 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.</DELETED>
<DELETED> ``(g) Preservation of Conference Opponents and Traditional
Rivalries.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Traditional rivalries.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) the member institution plays
not fewer than 2 intercollegiate athletic
competitions within intercollegiate football
that constitute a traditional rivalry every 4
years; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) may modify the requirements under
this subsection.</DELETED>
<DELETED> ``(h) Enforcement of the Act; Right To Cure.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) the defendant does not cure the
violation during the 1-year period beginning on the
date of the notice described in subparagraph
(A).</DELETED>
<DELETED> ``(i) Participation in Covered Entity Optional.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 204. MARKET LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL
AND BASKETBALL.</DELETED>
<DELETED> The Sports Broadcasting Act of 1961 is amended by
inserting after section 5 (as added by section 203 of this Act) the
following:</DELETED>
<DELETED>``SEC. 6. MARKET-LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL
AND BASKETBALL.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Local designated market area.--</DELETED>
<DELETED> ``(A) In general.--The term `local
designated market area' means an area that--</DELETED>
<DELETED> ``(i) consists of a designated
market area that includes the principal campus
of an institution that is a member of the
covered entity; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Publication of list.--The Federal
Communications Commission shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) maintain the list described
in clause (i) on a public website.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Requirement of Local Outlet Option.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Good Faith Negotiation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Enforcement.--The Federal Communications
Commission shall have jurisdiction over complaints alleging a
violation of paragraph (1).''.</DELETED>
<DELETED>SEC. 205. PROHIBITION ON CERTAIN CONFERENCE MERGERS OR
ACQUISITION.</DELETED>
<DELETED> The Sports Broadcasting Act of 1961 is amended by
inserting after section 6 (as added by section 204 of this Act) the
following:</DELETED>
<DELETED>``SEC. 7. PROHIBITION ON CERTAIN CONFERENCE MERGERS AND
ACQUISITIONS.</DELETED>
<DELETED> ``(a) In General.--It shall be unlawful under the
antitrust laws, as defined in section 1(a), for any conference that
reported more than $1,000,000,000 in revenue on its fiscal year 2025
tax return to merge or consolidate with, or to acquire the assets,
media rights (including media rights of an institution), or membership
of, another conference, if as a result of the transaction, the number
of institutions that are members of the conference would be less than
the membership requirements under section 5(b)(1)(A).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(c) Effect.--Any transaction consummated in violation of
subsection (a) shall be void.''.</DELETED>
<DELETED>SEC. 206. AMENDMENTS TO INTERCOLLEGIATE AND INTERSCHOLASTIC
FOOTBALL CONTEST LIMITATIONS.</DELETED>
<DELETED> Section 3 of the Sports Broadcasting Act of 1961 (15
U.S.C. 1293) is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1)--
</DELETED>
<DELETED> (A) by striking ``second Friday in
September'' and inserting ``first Friday in
September''; and</DELETED>
<DELETED> (B) by striking ``second Saturday in
December'' and inserting ``third Saturday in
December'';</DELETED>
<DELETED> (2) in paragraph (2), by striking ``and'' at the
end;</DELETED>
<DELETED> (3) in paragraph (3), by striking the period at
the end and inserting ``, and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 207. MEDIA RIGHTS UTILIZATION REQUIREMENT FOR COLLEGE
SPORTS OTHER THAN FOOTBALL AND BASKETBALL.</DELETED>
<DELETED> (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, as redesignated by
section 201(b)(1) of this Act.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Reversion of Rights.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Savings.--Nothing in this section shall be construed
to modify the Sports Broadcasting Act of 1961, as amended by this
title.</DELETED>
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. Extension of the revenue share cap.
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.
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 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
is--
(A) known, or should have been known, to exist for
or act for the benefit of, in coordination with, or at
the direction of an institution to promote or support
an institution's athletics program or student athletes,
including by creating or identifying name, image, and
likeness compensation opportunities for an
institution's student athletes;
(B) an individual or entity that is or was a
member, employee, director, officer, owner, or agent of
an individual or entity described in subparagraph (A);
(C) an individual or entity that 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) an individual or entity that has directly or
indirectly been directed or requested by an institution
or third party acting on behalf of, for the benefit of,
in coordination with, or at the direction of an
institution to assist in the recruitment or retention
of student athletes or prospective student athletes, or
otherwise has assisted in the recruitment or retention
of student athletes or prospective student athletes; or
(E) an individual or entity owned, controlled, or
operated by, or otherwise affiliated with the
individuals or entities described in subparagraph (A).
(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.--The term ``student athlete'' means
an individual who is enrolled as a full-time student at an
institution and who--
(A) makes satisfactory progress towards completing
a degree; and
(B) participates in intercollegiate athletic
competition or competes for a varsity sports team as
part of the institution's educational, developmental,
or extracurricular programs.
(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--
(A) not later than 5 days after entering into a
name, image, and likeness agreement, the terms of any
such 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), 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--
(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 clause (i) 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 provided by 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 (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'';
(B) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(C) 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, disaggregated by intercollegiate
sports program--
(i) the number of agreements the
institution entered into;
(ii) the average value of the agreements;
and
(iii) the total value of the agreements.
(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) 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.
(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 an intercollegiate athletic association from--
(1) providing or causing to be provided to student athletes
medical coverage in addition to the medical coverage required
by subsection (a); or
(2) 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 from
establishing additional health, wellness, and safety standards
to protect student athletes; 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.
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, 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 institution to another
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
varsity sports team or in intercollegiate athletic competition 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 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 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 Prize Money.--For purposes of subsection
(a)(3), 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--
(1) the prize money was provided only by the sponsor of the
athletics event; and
(2) 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.--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--
(1) except as provided in 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--
(A) a student athlete, a group of student athletes,
or their family members; or
(B) a prospective student athlete, a group of
prospective student athletes, or their family members;
or
(2) 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--
(A) for a valid business purpose; and
(B) commensurate with compensation paid to
individuals with a similar profile, reputation, or
notability who are not student athletes or prospective
student athletes.
(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) 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.
(d) 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.
(e) 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. EXTENSION OF THE REVENUE SHARE CAP.
(a) In General.--Upon expiration or termination of 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
revenue share cap shall continue to apply with respect to section
114(a), including any adjustments specified in subsection (b).
(b) Adjustment of Revenue Share Cap.--Upon expiration of 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 annual revenue share cap shall be adjusted annually 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.
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 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, 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, 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, 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;
(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;
(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;
(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;
(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; 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.
(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
Pool Benefits Limit set forth in the Injunctive Relief
Settlement Agreement as approved or amended by the
court in ``In Re College Athlete NIL Litigation'', No.
20-cv-03919 (N.D. Cal. June 6, 2025);
(E) compliance with endorsement contract reporting
requirements established by an athletic association or
a conference;
(F) adequacy of health and safety standards
established pursuant to this title and compliance with
those standards by institutions;
(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;
(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; and
(J) any other recommendations regarding
intercollegiate athletics.
(2) To draft a joint resolution of approval under
subsection (i) 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 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) Quorum.--Twelve members of the Commission, of which 5 members
shall be current or former student athletes, shall constitute a quorum.
(f) 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 (e).
(g) Public Hearings.--The Commission shall hold 1 or more public
hearings.
(h) Status.--The Commission is not an agency (as defined in section
551 of title 5, United States Code).
(i) 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.
(j) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits the report required by this
section.
(k) 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 of time for each sport
that in no case shall be less than 2 weeks or greater than 5
weeks starting 7 days 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 institution
associated 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 of time for each sport that in no case shall be less
than 2 weeks or greater than 5 weeks starting 7 days 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, 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;
or
(4) 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 to
enroll at an institution or transfer to an institution by
offering compensation to a student athlete in violation of
paragraphs (1), (2), or (3).
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.--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.
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, 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.
(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 60 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 60-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.
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
(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.
(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 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.
(E) Laws that relate to student or campus safety.
(F) Fraud.
(G) Privacy or data breach.
(H) Contract law.
(I) Trademark law.
(J) Copyright law.
(K) Consumer protection law.
(2) Except to the extent that such law conflicts with
subsection (a)(2), any law, 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) Injury.
(F) Harassment.
(G) Any cause of action derivative of any of
subparagraphs (A) through (F).
(c) Rules of Construction.--
(1) Antitrust laws.--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.
(2) Federal trademark and copyright law.--Nothing in this
title or the amendments made by this title may be construed to
override, modify, or amend the applicability of Federal
trademark or copyright law.
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.
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.
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 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 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 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.
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 the
basketball tournaments organized by the National Collegiate
Athletic Association.
``(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 the basketball
tournaments organized by the National Collegiate Athletic
Association.
``(3) 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.
``(4) 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.
``(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.''.
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) In General.--It shall be unlawful under the antitrust laws,
as defined in section 1(a), for 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 merge or consolidate with, or to acquire
the assets, media rights (including media rights of an institution), or
membership of, another covered conference or of an independent
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.
``(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) Definition.--In this section, 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.''.
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 (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, 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.
Calendar No. 449
119th CONGRESS
2d Session
S. 4668
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 24, 2026
Reported with an amendment