[Congressional Record Volume 172, Number 147 (Thursday, September 17, 2026)]
[Senate]
[Pages S4777-S4788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE SESSION
______
PROTECT COLLEGE SPORTS ACT OF 2026
The PRESIDING OFFICER. Under the previous order, the Senate will
resume legislative session.
Cloture having been invoked, the clerk will report the bill.
The senior assistant legislative clerk read the bill as follows:
A bill (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, which had been reported from the
Committee on Commerce, Science, and Transportation with an
amendment to strike all after the enacting clause and insert
the part printed in italic, as follows:
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''--
[[Page S4778]]
(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.
[[Page S4779]]
(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
[[Page S4780]]
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
[[Page S4781]]
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
[[Page S4782]]
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
[[Page S4783]]
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).
[[Page S4784]]
(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
[[Page S4785]]
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
[[Page S4786]]
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
[[Page S4787]]
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
[[Page S4788]]
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.
The PRESIDING OFFICER. The majority leader.
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