[Congressional Record Volume 172, Number 147 (Thursday, September 17, 2026)]
[Senate]
[Pages S4804-S4836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 6775. Mrs. GILLIBRAND (for herself, Mr. Schiff, and Mr. Merkley)
[[Page S4805]]
submitted an amendment intended to be proposed by her to the 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 was ordered to
lie on the table; as follows:
In section 119(f), add at the end the following:
(3) Exception.--This subsection shall not apply to any
civil action that is based in whole or in part upon
allegations of physical injury, death, or sexual abuse or
misconduct.
______
SA 6776. Mr. THUNE (for Mr. Cruz) proposed an amendment to the 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; as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protect
College Sports Act of 2026''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION
Sec. 100. Definitions.
Sec. 101. Name, image, and likeness protections.
Sec. 102. Modifications to Sports Agent Responsibility and Trust Act.
Sec. 103. Agent registry requirements for intercollegiate athletic
associations.
Sec. 104. Disclosures and establishment of name, image, and likeness
agreement database.
Sec. 105. Academic protections.
Sec. 106. Medical coverage requirements.
Sec. 107. Health, wellness, and safety standards.
Sec. 108. Office of the Student Athlete Ombudsman.
Sec. 109. Comparable standards for access to facilities, services, and
events.
Sec. 110. Rules governing certain mid-season coaching transitions.
Sec. 111. Student athlete representation on intercollegiate athletic
association governing boards.
Sec. 112. Transfer protections.
Sec. 113. Eligibility to participate in intercollegiate sports.
Sec. 114. Prohibited compensation and agreements.
Sec. 115. Congressional approval of continuation of revenue share cap
and retention fund.
Sec. 116. Commission on the Future of College Athletics.
Sec. 117. Recruitment and tampering.
Sec. 118. Limitation on liability.
Sec. 119. Private right of action.
Sec. 120. Whistleblower protection.
Sec. 121. Relationship to existing law.
Sec. 122. Neutrality on employee or non-employee status.
Sec. 123. Applicability.
Sec. 124. Severability.
Sec. 125. Protection of women's sports and Olympic sports.
Sec. 126. Mid-sized conference representation on intercollegiate
athletic association governing boards.
Sec. 127. Title IX savings clause.
Sec. 128. Protecting opportunities for American student athletes.
TITLE II--SPORTS BROADCASTING
Sec. 201. Definitions.
Sec. 202. Limitation on liability for transmission of collegiate sports
competitions.
Sec. 203. Requirements for entities selling media rights.
Sec. 204. Market level broadcast access for college football and
basketball.
Sec. 205. Prohibition on certain conference mergers or acquisition.
Sec. 206. Amendments to intercollegiate and interscholastic football
contest limitations.
Sec. 207. Media rights utilization requirement for college sports other
than football and basketball.
TITLE III--HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM
Sec. 301. Short title.
Sec. 302. Grants for improvement of broadband, technology, media, and
sports broadcast infrastructure of HBCUs.
Sec. 303. Grant uses.
Sec. 304. Coordination.
Sec. 305. Reports and evaluation.
Sec. 306. Definitions.
Sec. 307. Authorization of appropriations.
TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION
SEC. 100. DEFINITIONS.
In this title:
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given that term in the 1st section of the Clayton Act
(15 U.S.C. 12) and includes--
(A) section 5 of the Federal Trade Commission Act (15
U.S.C. 45) to the extent that such section 5 applies to
unfair methods of competition; and
(B) any similar State antitrust law, including a State law
provision that applies to covering unfair methods of
competition having the force and effect of law.
(2) Associated entity.--The term ``associated entity''
means any individual or entity, including a collective,
that--
(A) is known, or was known, or should have been known to
the athletics department staff of an institution to exist, in
significant part, for the purpose of--
(i) promoting or supporting a particular institution's
intercollegiate athletics program or student athletes; or
(ii) creating or identifying name, image, and likeness
opportunities solely for a particular institution's student
athletes;
(B) is or was a member, employee, director, officer, owner,
or agent of an individual or entity described in subparagraph
(A);
(C) directly or indirectly (including contributions by an
affiliated entity, individual, or family member) has
contributed more than $50,000 over their lifetime to a
particular institution or to an individual or entity
described in subparagraph (A);
(D) has--
(i) been directed or requested by an institution's athletic
department staff to assist in the recruitment or retention of
student athletes or prospective student athletes; or
(ii) otherwise assisted in the recruitment or retention of
student athletes or prospective student athletes; or
(E) is owned, controlled, or operated by, or otherwise
affiliated with the individuals or entities described in
subparagraphs (A) through (D), other than a publicly traded
corporation.
(3) Athlete agent.--The term ``athlete agent'' has the
meaning given that term in section 2 of the Sports Agent
Responsibility and Trust Act (15 U.S.C. 7801).
(4) Collective.--The term ``collective''--
(A) means a person, corporation, booster organization, tax-
exempt organization, or other entity that provides donations
or other support directly or indirectly to or for the benefit
or support of--
(i) a student athlete who is enrolled, or who may enroll,
at an institution; or
(ii) the intercollegiate athletics program or any booster
organization of an institution; and
(B) does not include--
(i) an immediate family member of a student athlete; or
(ii) an individual or entity that--
(I) licenses trademark rights of an institution; and
(II) does not--
(aa) license name, image, and likeness rights of student
athletes; or
(bb) make payments earmarked or designated to fund name,
image, or likeness licenses or other payments to student
athletes.
(5) Compensation.--The term ``compensation''--
(A) means any payment, remuneration, or benefit provided to
a student athlete or a prospective student athlete; and
(B) does not include--
(i) grants-in-aid;
(ii) Federal Pell Grants provided under section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a) or any other
Federal or State grants unrelated to and not awarded with
regard to participation in intercollegiate sports;
(iii) health insurance and the costs of health care funded
by an institution, intercollegiate athletic association, or
conference;
(iv) disability and loss-of-value insurance, including
disability and loss-of-value insurance funded by an
institution, intercollegiate athletic association, or
conference;
(v) career counseling, job placement services, or other
guidance available to all students at an institution;
(vi) hourly wages and benefits for work performed outside
of participating in intercollegiate sports at a rate
commensurate with the prevailing rate in the relevant State
or locality for similar work;
(vii) enhanced education benefits, including academic
awards;
(viii) financial literacy or tax education resources; or
(ix) any program to connect student athletes with employers
and facilitate employment opportunities, if--
(I) the financial terms of such employment opportunities
are consistent with the terms offered to similarly situated
employees who are not student athletes; and
(II) such program is not used to induce a student athlete
to attend a particular institution.
(6) Conference.--The term ``conference'' means any
organization that is not an intercollegiate athletic
association and that--
(A) has 2 or more institutions as members; and
(B) arranges championships for intercollegiate athletic
competitions or sets rules for intercollegiate athletic
competition.
(7) Cost of attendance.--The term ``cost of attendance''--
(A) has the meaning given that term in section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087ll); and
(B) shall be calculated by the financial aid office of an
institution applying the same standards, policies, and
procedures for all students.
(8) Grant-in-aid.--The term ``grant-in-aid'' means--
(A) a scholarship, grant, stipend, or other form of
financial assistance, including the provision of tuition,
room, board, books, or funds for fees or personal expenses,
that--
[[Page S4806]]
(i) is paid or provided by an institution to a student for
the undergraduate or graduate education of the student; and
(ii) is in an amount that does not exceed the cost of
attendance for such student at the institution; and
(B) does not include compensation paid to a student
athlete.
(9) Image.--With respect to a student athlete, the term
``image'' means a picture, video, computer-generated
representation, or other depiction that identifies, is linked
to, or is reasonably linked to the student athlete.
(10) Institution.--Except as otherwise explicitly provided,
the term ``institution'' has the meaning given the term
``institution of higher education'' under section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(11) Intercollegiate athletic association.--The term
``intercollegiate athletic association''--
(A) means any organization, not-for-profit corporation,
association, or any other group organized in the United
States that--
(i) sponsors or arranges intercollegiate athletic
competition between institutions;
(ii) sets common rules, standards, procedures, or
guidelines for the administration of intercollegiate athletic
competition;
(iii) is composed of 2 or more institutions or conferences
that are located in different States or participate in
intercollegiate athletic competition in more than 1 State;
and
(iv) is not a conference;
(B) includes--
(i) the National Collegiate Athletic Association; and
(ii) any other national intercollegiate athletic
association; and
(C) does not include a corporation, association, or other
group affiliated with professional athletic competition.
(12) Intercollegiate athletic competition.--The term
``intercollegiate athletic competition'' means any
intercollegiate sport contest, game, meet, match, tournament,
regatta, or other intercollegiate sport event in which
student athletes or varsity sports teams compete.
(13) Intercollegiate sport.--The term ``intercollegiate
sport''--
(A) means a sport played between institutions for which
eligibility requirements for participation by a student
athlete are established by an intercollegiate athletic
association; and
(B) does not include a recreational, intramural, or club
sport.
(14) Likeness.--With respect to a student athlete, the term
``likeness'' means a physical or digital depiction or
representation that identifies, is linked to, or is
reasonably linked to the student athlete, including --
(A) the uniquely identifiable body, physical
characteristics, or voice of the student athlete;
(B) any other mark that identifies or distinguishes the
student athlete; or
(C) the jersey number associated with the student athlete
during the period of athletic participation by the student
athlete at an institution if the jersey number is accompanied
by--
(i) a logo or color scheme that is clearly associated with
the institution; or
(ii) some other means by which the jersey number is
associated with the student athlete.
(15) Name.--With respect to a student athlete, the term
``name'' means the first or last name that identifies the
student athlete, a nickname or assumed name of the student
athlete, or a username associated with the student athlete on
any public-facing internet platform when used in a context
that identifies, is linked to, or is reasonably linked to the
student athlete.
(16) Name, image, and likeness agreement.--The term ``name,
image, and likeness agreement'' means a contract or similar
agreement between a student athlete (or group of student
athletes) and a conference, institution, intercollegiate
athletic association, associated entity, collective, or third
party regarding the commercial use of the name, image, and
likeness rights of the student athlete (or group of student
athletes).
(17) Name, image, and likeness rights.--The term ``name,
image, and likeness rights'' means the ability of a student
athlete to market and profit from the commercial use of his
or her name, image, or likeness.
(18) Prospective student athlete.--The term ``prospective
student athlete'' means an individual who is recruited,
actively being recruited, or has been contacted for the
purposes of recruitment to attend an institution as a student
athlete, but has not yet enrolled at the institution.
(19) Revenue share cap.--The term ``revenue share cap''
means the Benefits Pool Limit set forth in the Injunctive
Relief Settlement Agreement approved by the court in ``In Re
College Athlete NIL Litigation'', No. 20-cv-03919 (N.D. Cal.
June 6, 2025), or as modified pursuant to the amendment
provision specified in paragraph 55 of that settlement.
(20) Student athlete.--
(A) In general.--The term ``student athlete'' means an
individual who is enrolled as a full-time student (as defined
in section 668.2 of title 34, Code of Federal Regulations (as
in effect on the day before the date of the enactment of this
Act)) at an institution and who--
(i) makes satisfactory academic progress (as determined in
accordance with section 668.34 of such title 34 (as in effect
on the day before the date of the enactment of this Act))
toward completing a degree; and
(ii) participates in intercollegiate athletic competition
or competes for a varsity sports team as part of the
institution's educational, developmental, or extracurricular
programs.
(B) Rule of construction.--Nothing in subparagraph (A)(i)
shall be construed to preclude an institution, conference, or
intercollegiate athletic association from establishing
satisfactory academic progress standards that are more
stringent than the requirements described in subparagraph
(A)(i), if such standards are required of all student
athletes, or in the case of an institution, of all full-time
students.
(21) Third party.--The term ``third party'' means an
individual or entity that is not an institution, associated
entity, collective, conference, or intercollegiate athletic
association.
(22) Valid business purpose.--The term ``valid business
purpose'' means a purpose genuinely related to the promotion
of goods or services provided to the general public for
profit.
(23) Varsity sports team.--The term ``varsity sports team''
means a sports team composed of student athletes that is
organized by an institution for the purpose of
intercollegiate athletic competition.
SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS.
(a) Student Athlete Name, Image, and Likeness
Compensation.--
(1) In general.--Except as provided in this title, an
institution, conference, intercollegiate athletic
association, or any representative of such an entity may
not--
(A) restrict the ability of a student athlete, group of
student athletes, or prospective student athlete--
(i) to market or earn compensation for the value of their
name, image, or likeness rights; or
(ii) to enter into a name, image, and likeness agreement;
(B) restrict the eligibility for intercollegiate athletic
competition for a student athlete or prospective student
athlete on the basis of the student athlete or prospective
student athlete entering into a name, image, and likeness
agreement or marketing or earning compensation for the value
of their name, image, or likeness;
(C) unless otherwise required by law, limit the eligibility
or opportunity of a student athlete or prospective student
athlete to apply for or receive a grant-in-aid, including the
amount, duration, or renewal of such grant-in-aid, on the
basis of the student athlete or prospective student athlete
entering into a name, image, and likeness agreement, or
marketing or earning compensation for the value of their
name, image, or likeness; or
(D) unless otherwise required by law, revoke, reduce, or
decline to renew a grant-in-aid for a student athlete or
prospective student athlete based on the student athlete or
prospective student athlete entering into a name, image, and
likeness agreement or marketing or earning compensation for
the value of their name, image, or likeness.
(2) Consent and compensation for group use.--An
institution, conference, intercollegiate athletic
association, collective, third party, or any representative
thereof, may not use the name, image, or likeness of any
group of student athletes to sell or promote any product or
service unless the institution, conference, athletic
association, collective, or third party, as the case may be,
obtains an agreement from each member of the group for that
purpose.
(3) Exceptions.--
(A) Certain agreements.--An institution may restrict the
eligibility for intercollegiate athletic competition of a
student athlete or prospective student athlete who enters
into a name, image, and likeness agreement that violates the
code of student conduct of the institution that applies to
all students enrolled at the institution.
(B) Certain uses.--An institution may restrict the
eligibility for intercollegiate athletic competition of a
student athlete or prospective student athlete if, in
connection with a name, image, and likeness agreement, the
student athlete or prospective student athlete uses a
facility, uniform, equipment, registered or unregistered
trademark, copyright-protected product, or the official logo,
mark, or other indicia of the institution without the express
consent of the institution.
(b) Mandatory Disclosures by Student Athletes.--
(1) In general.--All student athletes shall report to their
institution and their intercollegiate athletic association,
or to an entity designated by their intercollegiate athletic
association and under the control of that intercollegiate
athletic association pursuant to the Injunctive Relief
Settlement Agreement approved by the court in ``In Re College
Athlete NIL Litigation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025)--
(A) not later than 5 days after entering into a name,
image, and likeness agreement, the terms of any such
agreement, including the amount and source, that exceeds $600
in value, including multiple payments, remunerations, or
benefits from the same entity that exceeds a total of $600
over a 12-month period; and
(B) to the extent not reported under subparagraph (A), not
later than 30 days after receiving compensation for the name,
image, or likeness of the student athlete, the amount and
source of any such compensation that exceeds $600, including
multiple payments, remunerations, or benefits from
[[Page S4807]]
the same entity that exceeds a total of $600 over a 12-month
period.
(2) Mandatory disclosures by recruited athletes.--With
respect to a student athlete or prospective student athlete
who is recruited to attend, but is not yet enrolled in, an
institution, the student athlete or prospective student
athlete shall report to the institution at which the student
athlete enrolls and their intercollegiate athletic
association, or to an entity designated by that
intercollegiate athletic association and under the control of
that intercollegiate athletic association pursuant to the
Injunctive Relief Settlement Agreement approved by the court
in ``In Re College Athlete NIL Litigation'', No. 20-cv-03919
(N.D. Cal. June 6, 2025)--
(A) the terms of any current or ongoing name, image, and
likeness agreement that exceeds $600 in value, including
multiple payments, remunerations, or benefits from the same
entity that exceeds a total of $600 over a 12-month period;
and
(B) to the extent not reported under subparagraph (A), the
amount and source of any current or ongoing name, image, and
likeness compensation that exceeds $600, including multiple
payments, remunerations, or benefits from the same person
that exceeds a total of $600 over a 12-month period.
(3) Exception.--
(A) In general.--Paragraphs (1) and (2) shall not apply to
either marketing or earning compensation for the value of the
name, image, and likeness rights of a student athlete or to
the compensation within a name, image, and likeness agreement
in which a student athlete receives less than $600, including
multiple payments, remunerations, or benefits from the same
person that totals less than $600 over a 12-month period.
(B) Adjustment for inflation.--The amount described in
subparagraph (A) shall be adjusted for inflation by the
percent increase, if any, in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor for the most recent 12-month
period for which applicable data is available.
(4) Release of information.--Except as provided in section
104 or as necessary to comply with this Act, an institution
may not release any information that would identify a student
athlete or prospective student athlete in a disclosure under
paragraph (1) or (2) without the express written consent of
the student athlete, prospective student athlete, athlete
agent of the student athlete or prospective student athlete,
or, in case of a minor, the parent or legal guardian of the
minor.
(5) Limitation.--This subsection shall apply only to
student athletes and prospective student athletes of
institutions whose primary membership is in Division I, as
defined by bylaw 20.9 of the National Collegiate Athletic
Association, or a successor bylaw.
(c) Name, Image, or Likeness Compensation by
Institutions.--Subject to the requirements of this title, an
institution, intercollegiate athletic association,
conference, collective, associated entity, or third party,
may pay, provide, or facilitate compensation to a student
athlete for the use of the name, image, or likeness of the
student athlete.
(d) Right to Representation.--An institution,
intercollegiate athletic association, or conference may not
restrict the eligibility for intercollegiate athletic
competition, or any other event or activity relating to
intercollegiate athletic competition, of a prospective
student athlete or student athlete based on the prospective
student athlete or student athlete having obtained an athlete
agent or legal representative.
(e) Educational Resources Regarding This Title.--An
intercollegiate athletic association shall provide student
athletes and prospective student athletes and the parents or
guardians of student athletes or prospective student athletes
with educational materials relating to this title.
SEC. 102. MODIFICATIONS TO SPORTS AGENT RESPONSIBILITY AND
TRUST ACT.
(a) In General.--The Sports Agent Responsibility and Trust
Act (15 U.S.C. 7801 et seq.) is amended--
(1) in section 2 (15 U.S.C. 7801)--
(A) in paragraph (1), by striking ``an oral or written
agreement'' and inserting ``a written agreement'';
(B) in paragraph (5), by inserting before the period the
following: ``and includes any name, image, and likeness
agreement as defined in section 100 of the Protect College
Sports Act of 2026'';
(C) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(D) by inserting after paragraph (5) the following:
``(6) Intercollegiate athletic association.--The term
`intercollegiate athletic association' has the meaning given
that term in section 100 of Protect College Sports Act of
2026'';
(2) in section 3 (15 U.S.C. 7802)--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``or'' at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(4) enter into an agency contract or represent a student
athlete in a manner that violates section 9;
``(5) charge a student athlete a fee in connection with an
endorsement contract that exceeds 5 percent of the value of
the endorsement contract;
``(6) enter into an agency contract with an athlete for a
term that extends beyond the eligibility of the student
athlete to participate in intercollegiate sport;
``(7) make any materially false, deceptive, or fraudulent
representation as an athlete agent, including any materially
false, deceptive, or fraudulent statement to a student
athlete or prospective student athlete that misrepresents the
existence, nature, or value of a name, image, or likeness
opportunity the athlete agent can arrange on behalf of the
student athlete or prospective student athlete through
recruitment or transfer to an institution (as defined in
section 100 of the Protect College Sports Act of 2026); or
``(8) make a materially false, deceptive, or fraudulent
statement in the application for registration as an athlete
agent.''; and
(B) in subsection (b)(3), by striking ``Warning to Student
Athlete: If you agree orally or in writing to be represented
by an agent now or in the future you may lose your
eligibility to compete as a student athlete in your sport.'';
(3) by inserting after section 5 (15 U.S.C. 7804) the
following:
``SEC. 5A. PRIVATE RIGHT OF ACTION.
``(a) In General.--Any current or former student athlete
alleging a violation of paragraphs (4) through (8) of section
3(a), section 9, or section 10 may bring a civil action in an
appropriate district court of the United States or in an
appropriate State court.
``(b) Relief.--In a civil action brought under subsection
(a) in which the plaintiff prevails, the court may award--
``(1) a declaratory judgment that a name, image, or
likeness agreement (as defined in section 100 of the Protect
College Sports Act of 2026) or an agency contract, as
applicable, is null and void; and
``(2) actual damages.
``(c) Attorney's Fees and Costs.--In a civil action brought
under subsection (a) in which the defendant is not an
institution (as defined in section 100 of the Protect College
Sports Act of 2026), the court may, in its discretion, award
reasonable attorney's fees and litigation costs.
``(d) Invalidity of Pre-dispute Arbitration Agreements and
Pre-dispute Joint Action Waivers.--
``(1) In general.--Notwithstanding any other provision of
law, no pre-dispute arbitration agreement or pre-dispute
joint action waiver shall be valid or enforceable against a
student athlete with respect to a dispute arising under this
Act.
``(2) Applicability.--Any determination as to whether or
how paragraph (1) applies to any dispute shall be made by a
court, rather than an arbitrator, without regard to whether
the agreement or waiver that is the subject of the dispute
purports to delegate such determination to an arbitrator.
``(3) Definitions.--In this subsection:
``(A) Pre-dispute arbitration agreement.--The term `pre-
dispute arbitration agreement' means any agreement to
arbitrate a dispute that has not arisen at the time of the
making of the agreement.
``(B) Pre-dispute joint-action waiver.--The term `pre-
dispute joint-action waiver' means an agreement, whether or
not part of a pre-dispute arbitration agreement, that would
prohibit, or waive the right of, one of the parties to the
agreement to participate in a joint, class, or collective
action in a judicial, arbitral, administrative, or other
forum, concerning a dispute that has not yet arisen at the
time of the making of the agreement.''; and
(4) by adding at the end the following:
``SEC. 9. REGISTRATION OF ATHLETE AGENTS AND OTHER
REQUIREMENTS.
``(a) In General.--An athlete agent who seeks to represent
a student athlete in an endorsement contract shall--
``(1) register with a State before representing a student
athlete for an endorsement contract; and
``(2) enter into an agency contract with the student
athlete before providing representation in an endorsement
contract.
``(b) Registration Established.--An individual is deemed to
be registered with a State for purposes of this section if
the individual is--
``(1) a registered professional sports agent with a
professional sports league or players association, in good
standing; or
``(2) registered and certified under the All State Uniform
Agent Acts in the State in which the agent operates, in good
standing.
``(c) Certification to Intercollegiate Athletic
Associations.--
``(1) Requirement.--An athlete agent that represents a
student athlete shall certify to each applicable
intercollegiate athletic association that the athlete agent
is registered with a State.
``(2) Prohibition.--It is unlawful for an individual to
certify to an intercollegiate athletic association that the
individual is an athlete agent if the individual is not
registered with a State.
``(d) Requirements for Agency Contracts.--To be a valid
contract, an agency contract shall--
``(1) state the name of each party to the contract;
``(2) state the term of the contract;
``(3) state the registration information for the athlete
agent; and
``(4) state the fee or commission charged by the athlete
agent.
``SEC. 10. ENDORSEMENT CONTRACT REQUIREMENTS.
``An endorsement contract made in interstate or foreign
commerce is, at the option
[[Page S4808]]
of the student athlete, void from the inception of such
contract if such contract does not satisfy the following
requirements:
``(1) The contract is in writing.
``(2) The contract plainly states that the student athlete
has the right to obtain or retain an athlete agent or legal
representation with respect to the contract.
``(3) The contract contains--
``(A) a description of services rendered;
``(B) the names of each party to the contract;
``(C) the terms of the contract;
``(D) the amount of compensation to be provided to the
student athlete under the contract;
``(E) a provision specifying the circumstance or event that
would result in the termination of the contract due to
nonperformance of obligations by the student athlete or other
parties to the contract; and
``(F) a provision specifying that the validity and
effectiveness of the contract, and the provision of
compensation to the student athlete under the contract, is
not conditioned upon any express or implicit requirement that
the student athlete enroll or remain enrolled at an
institution or reside in a particular location within the
United States, unless the party making the contract with the
student athlete is an institution, conference, associated
entity, or collective affiliated with the institution and the
contract is entered into after the student athlete has
enrolled at such institution.
``(4) The contract is not for a term that extends beyond
the eligibility of the student athlete to participate in
intercollegiate sports.''.
(b) Clerical Amendments.--The table of contents for the
Sports Agent Responsibility and Trust Act is amended--
(1) by inserting after the item relating to section 5 the
following:
``Sec. 5A. Private right of action.''; and
(2) by adding at the end the following:
``Sec. 9. Registration of athlete agents and other requirements.
``Sec. 10. Endorsement contract requirements.''.
SEC. 103. AGENT REGISTRY REQUIREMENTS FOR INTERCOLLEGIATE
ATHLETIC ASSOCIATIONS.
(a) Requirements of Intercollegiate Athletic
Associations.--An intercollegiate athletic association shall
maintain a publicly available website that includes a
searchable database of athlete agents that--
(1) are registered with a State and certified pursuant to
section 9 of the Sports Agent Responsibility and Trust Act,
as added by section 102; and
(2) have certified compliance with all rules and bylaws of
such intercollegiate athletic association, including any
recruitment and tampering rules adopted under section 117.
(b) Decertification Permitted.--
(1) In general.--An intercollegiate athletic association
may decertify or fine an athlete agent for any violations of
section 9 of the Sports Agent Responsibility and Trust Act,
as added by section 102, or any violation of section 117 on
recruitment and tampering.
(2) Effect of decertification.--An athlete agent that is
decertified pursuant to paragraph (1) may not represent or
contact a student athlete or prospective student athlete of
an institution that is a member of such intercollegiate
athletic association.
SEC. 104. DISCLOSURES AND ESTABLISHMENT OF NAME, IMAGE, AND
LIKENESS AGREEMENT DATABASE.
(a) Disclosures by Institutions.--
(1) Disclosure of data on name, image, and likeness
agreements.--Not later than July 1 of the first year
beginning after the date of the enactment of this Act, and
each July 1 thereafter, each institution shall disclose to
the intercollegiate athletic association of which the
institution is a member, in an anonymized manner, the
following data:
(A) With respect to each name, image, and likeness
agreement disclosed to the institution by a student athlete
as required by section 101(b)--
(i) a description of services rendered; and
(ii) the amount of compensation to be provided to the
student athlete or group of athletes under the agreement.
(B) With respect to each name, image, and likeness
agreement entered into between the institution and a student
athlete, and any other compensation provided or to be
provided by an institution to a student athlete--
(i) the amount of compensation provided or to be provided
to the student athlete by the institution; and
(ii) disaggregated by intercollegiate sports program--
(I) the number of agreements and payments;
(II) the average value of the agreements and payments; and
(III) the total value of the agreements and payments.
(2) Report on revenue and student outcomes.--Not later than
60 days after the date on which an academic year ends, each
institution with 1 or more intercollegiate sports programs
shall submit to the governing athletic association for such
institution a report that includes, for the academic year,
the following:
(A) The amount of revenues and expenditures of each such
sports program, including the amount of associated entity and
third-party donations, Federal funds, and State funds,
including the total amount of remuneration for personnel of
each intercollegiate sports program, individually by program
and in the aggregate.
(B) The average number of hours student athletes spent on
intercollegiate athletic events and intercollegiate athletic
competition, disaggregated by sports program.
(C) The academic outcomes and majors for student athletes,
disaggregated by sports program.
(3) Treatment of men's and women's programs.--An
institution shall treat men's and women's sports programs as
distinct sports programs for the purposes of disclosure and
reporting obligations under this subsection.
(4) Protection of personally identifiable information.--In
making a disclosure under paragraph (1), an institution shall
ensure that no personally identifiable information of a
student athlete is transmitted to an intercollegiate athletic
association.
(b) Disclosures by Associations and Database.--
(1) In general.--Not later than September of the first year
beginning after the date of the enactment of this Act, each
intercollegiate athletic association shall establish and
maintain a publicly accessible, searchable database for
student athletes and their agents to estimate the fair market
value for name, image, and likeness agreements, which shall
include data collected under subsection (a)(2).
(2) Content of database.--An intercollegiate athletic
association shall include the data reported by institutions
pursuant to paragraphs (1) and (2) of subsection (a) in the
database described in paragraph (1).
(3) Update of database.--An intercollegiate athletic
association shall update the database described in paragraph
(1) each September 1.
(4) Privacy.--An intercollegiate athletic association shall
take reasonable technical measures to ensure that information
available in the database described in paragraph (1) may not
be used to identify a student athlete.
(c) Limitation.--This section shall apply only to
institutions whose primary membership is in Division I, as
defined by bylaw 20.9 of the National Collegiate Athletic
Association, or a successor bylaw, and shall not apply to any
Division II or Division III institution (as so defined) that
participates in a limited number of sports at the Division I
level.
SEC. 105. ACADEMIC PROTECTIONS.
(a) Prohibitions Relating to Coursework and Extracurricular
Activities.--
(1) In general.--An employee or volunteer of an athletic
department of an institution may not--
(A) exert undue pressure over or prevent a student athlete
from selecting a course or an academic major of the student
athlete's choice;
(B) retaliate against a student athlete based on the
student athlete's selection of any course or academic major;
or
(C) prevent a student athlete who seeks to secure
employment or internships, participate in student groups or
events, or serve as a volunteer from doing so, unless such
activity interferes with mandatory class time or mandatory
events related to intercollegiate athletic competition or
membership on a varsity sports team.
(2) Participation in athletic related activities.--In order
to ensure each student athlete makes satisfactory progress
toward the completion of a degree, each intercollegiate
athletic association and any institution that is a member of
such association may limit a student athlete to only
participate in countable athletic-related activities as part
of the educational, developmental, or extracurricular
programs of the institution.
(3) Rule of construction.--Paragraph (1) may not be
construed as preventing an institution, an athletic
department of an institution, or a representative thereof
from--
(A) informing a student athlete of academic eligibility
requirements and mandatory and expected team activities; or
(B) providing other legitimate academic counseling and
support services, in collaboration with the institution, to
help the student athlete pursue the academic interests of and
improve academic outcomes for the student athlete.
(b) Financial Literacy and Life Skills.--An institution
that offers financial literacy and life skills programming
directed to student athletes may not include any marketing,
advertising, referral, or solicitation offers in such
programming.
(c) Scholarship Protections.--
(1) In general.--Except as provided in paragraph (2), an
institution that awards a grant-in-aid to a student athlete
may not revoke, reduce, or condition the grant-in-aid of the
student athlete--
(A) based on the athletic ability or performance of the
student athlete or the contribution of the student athlete to
the success of a varsity sports team;
(B) as a result of an injury or illness based on a physical
or mental medical condition of the student athlete; or
(C) roster management decisions.
(2) Exception.--
(A) In general.--An institution may revoke, reduce, or
condition the grant-in-aid of a student athlete or former
student athlete who--
(i) transfers to another institution; or
(ii) does not remain in good standing in accordance with--
(I) the standards or code of conduct of the institution
applicable to all students;
(II) the established athletics program policies for
participating in mandatory team
[[Page S4809]]
athletic activities for a varsity sports team; or
(III) the academic standards for athletic eligibility.
(B) Notice.--An institution shall provide a student athlete
with timely written notice with respect to any possible
revocation or reduction of, or condition on, the grant-in-aid
or athletic eligibility of the student athlete.
(C) Reinstatement.--In the case of a revocation or
reduction of, or condition on, the grant-in-aid of a student
athlete under this paragraph, an institution may reinstate or
remove any condition placed on such grant-in-aid if the
student athlete subsequently cures or satisfies the reasons
provided by the notice in subparagraph (B).
(D) Former student athletes.--
(i) In general.--With respect to a former student athlete
described in clause (ii), an institution shall provide the
former student athlete--
(I) the opportunity to resume study at the institution for
the purpose of completing the requirements necessary to earn
a degree; and
(II) either--
(aa) the amount of grant-in-aid the former student athlete
received while previously enrolled at the institution and
participating--
(AA) in intercollegiate athletic competition; or
(BB) as a member of a varsity sports team; or
(bb) in the case of grant-in-aid previously awarded solely
on the basis of demonstrated financial need, grant-in-aid
awarded based on the current demonstrated financial need of
the former student athlete.
(ii) Former student athlete described.--A former student
athlete described in this subparagraph is a former student
athlete of an institution who--
(I) was enrolled at the institution during their last year
of eligibility to participate in intercollegiate athletic
competition during the preceding 10-year period;
(II) received grant-in-aid while enrolled at the
institution;
(III) was not subject to the revocation of grant-in-aid
under subparagraph (A)(ii)(I); and
(IV) has not completed the course of study for an
undergraduate degree.
(E) Rule of construction.--Nothing in this paragraph may be
construed to preclude--
(i) an institution from providing additional grant-in-aid
protections for student athletes or former student athletes;
or
(ii) an intercollegiate athletic association, conference,
institution, student athlete, or former student athlete from
requesting or advocating for additional grant-in-aid
protections.
(3) Limitation.--Paragraph (2)(D) shall apply only to
institutions that compete in Division I, as defined by bylaw
20.9 of the National Collegiate Athletic Association, or a
successor bylaw.
SEC. 106. MEDICAL COVERAGE REQUIREMENTS.
(a) In General.--Each Division I institution, as defined by
bylaw 20.9 of the National Collegiate Athletic Association,
or a successor bylaw, each institution whose primary
membership is in Division II or Division III (as so defined)
only with respect to student athletes of the institution who
compete in Division I, or an intercollegiate athletic
association or conference comprised of Division I member
institutions shall provide or cause to be provided--
(1) during the participation of a student athlete in an
intercollegiate sport--
(A) all out-of-pocket medical expenses, such as copayments
or deductibles, for the health care coverage of a student
athlete for any injury or disease incurred through
participation in an intercollegiate sport;
(B) the expense for obtaining a medical second opinion
independent of the institution for any injury or disease the
student athlete incurred through participation in an
intercollegiate sport;
(C) catastrophic injury medical insurance for any injury or
disease incurred through participation in an intercollegiate
sport that exceeds $90,000 in medical costs; and
(D) an end-of-college physical examination for a student
athlete for the purpose of documenting and diagnosing any
injury or condition related to the student athlete's
participation in an intercollegiate sport; and
(2) with respect to a student athlete enrolled at the
institution during their last year of eligibility to
participate in intercollegiate athletic competition, for the
5-year period beginning on the day after the last
intercollegiate competition for the student athlete, the cost
of all out-of-pocket medical expenses of the student athlete
for health care coverage for any injury or disease incurred
through participation in an intercollegiate sport.
(b) Intercollegiate Athletic Association Post-eligibility
Insurance and Catastrophic Injury Fund or Program.--
(1) In general.--An intercollegiate athletic association
comprised of member institutions that compete in Division I,
Division II, or Division III, as defined by bylaw 20 of the
National Collegiate Athletic Association, or a successor
bylaw, on behalf of its member institutions must establish a
fund or program to help cover the cost of--
(A) in the case of a Division I institution that generates
less than $20,000,000 in total annual athletics revenue
during the preceding academic year, compliance with
subsection (a)(2) (or, in the case of a Division II or
Division III institution, voluntary compliance with
subsection (a)(2)), in the event of demonstrated financial
hardship; and
(B) post-eligibility medical expenses for the student
athletes of a member institution who are diagnosed with
significant long-term conditions related to their
participation in an intercollegiate sport, including chronic
traumatic encephalopathy and any other cognitive impairment.
(2) Amount of fund.--
(A) In general.--Subject to increases under subparagraph
(B) and the limitation under subparagraph (C), the
intercollegiate athletic association described in this
subsection shall ensure that the fund or program established
under this subsection is funded at an amount that totals not
less than $60,000,000 on the first day of each academic year.
(B) Subsequent increase.--Subject to the limitation under
subparagraph (C), if the amount funded for the fund or
program established under this subsection is depleted for an
academic year, that amount for the next academic year shall
be increased by $5,000,000 as compared to the amount for the
previous academic year.
(C) Limitation.--The amount funded for the fund or program
established under this subsection shall not exceed
$100,000,000.
(3) Use of collective media rights.--In ensuring that the
fund or program established under paragraph (2) is adequately
funded, an intercollegiate athletic association may use the
collective media rights revenue from a covered entity, in
accordance with section 5(d)(3) of the Sports Broadcasting
Act of 1961, as added by section 203.
(c) Rule of Construction.--Nothing in this section may be
construed to preclude--
(1) an intercollegiate athletic association, conference, or
institution from providing or causing to be provided to
student athletes medical coverage in addition to the medical
coverage required by subsection (a); or
(2) an intercollegiate athletic association from exceeding
$60,000,000 for the fund or program established in subsection
(b) for any academic year.
SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS.
(a) Establishment of Standards.--Not later than 270 days
after the date of the enactment of this Act, each
institution, conference, and intercollegiate athletic
association shall adhere to standards to protect student
athletes from sports-related serious injury, conditions, and
death, including--
(1) brain injury, by adhering to the concussion management
practices, protocols, and legislation of the National
Collegiate Athletic Association effective January 15, 2024,
and as amended to strengthen protections for student
athletes;
(2) heat-related illness, by adhering to the American
College of Sports Medicine Expert Consensus Statement on
Exertional Heat Illness: Recognition, Management, and Return
to Activity (April 2023), and as amended to strengthen
protections for student athletes;
(3) rhabdomyolysis, in accordance with the guidelines of
the National Collegiate Athletic Association for exertional
rhabdomyolysis published in 2025, and as amended to
strengthen protections for student athletes; and
(4) for any student athlete who is identified with--
(A) sickle cell trait, by following the guidelines
published by the National Collegiate Athletic Association in
2025, and as amended to strengthen protections for student
athletes; and
(B) asthma, by following the guidelines of the National
Athletic Trainers' Association Position Statement: Management
of Asthma in Athletes (September 2005), and as amended to
strengthen protections for student athletes.
(b) Measures To Prevent, Assess, and Remediate Abuse or
Misconduct.--Each institution, conference, and
intercollegiate athletic association shall take reasonable
actions to prevent, assess, and remediate--
(1) abuse or hazing of any student athlete, including
physical and sexual abuse; and
(2) sexual assault, sexual misconduct, and sexual
harassment.
(c) Provision of Information on Contact for Student Athlete
Ombudsman.--
(1) Intercollegiate athletic association.--An
intercollegiate athletic association shall provide to student
athletes information on how to contact the Office of the
Student Athlete Ombudsman, as established in section 108, on
the internet website of the association.
(2) Institution.--At the beginning of each academic year,
an institution shall provide to student athletes information
on how to locate the website specified under paragraph (1) or
a link to the website and information on how to contact the
Office of the Student Athlete Ombudsman, as established in
section 108.
(d) Athletic Health and Safety Officers.--
(1) In general.--Each institution shall designate an
employee, who is independent of the athletic department, as
the athletic health and safety officer for the institution.
(2) Reporting.--The athletic health and safety officer
designated under paragraph (1) shall report to an employee of
the institution who is independent of the athletic
department.
(3) Officer responsibilities.--An employee who is
designated by an institution under paragraph (1) as an
athletic health and safety officer shall be responsible for,
at a minimum--
[[Page S4810]]
(A) overseeing implementation of the applicable
requirements the institution is subject to under this
section, including any applicable training, oversight
practices, policies, and procedures; and
(B) consulting with student athletes and athletic
department personnel and reporting any suspected violations
of this section to the employee specified under paragraph
(2).
(e) Independence of Medical Professionals.--
(1) In general.--Medical personnel, including athletic
trainers, physical therapists, and physicians, shall have the
autonomous, unchallengeable authority to determine medical
management and return to play decisions for student athletes
under their care at an institution.
(2) Limitation on nonmedical personnel.--No coach or other
nonmedical personnel of an institution may attempt to
influence or disregard the decisions of medical personnel
with respect to the medical management and return to play
decisions for student athletes under their care at the
institution.
(f) Rule of Construction.--Nothing in this section may be
construed to preclude--
(1) an intercollegiate athletic association, conference,
institution, or State from establishing additional health,
wellness, and safety standards to protect student athletes,
including additional sexual assault, sexual misconduct, and
sexual harassment standards in addition to those specified in
subsection (b); or
(2) an intercollegiate athletic association, conference,
institution, or student athletes from requesting or
advocating for additional health, wellness, and safety
standards to protect student athletes.
(g) Intercollegiate Athletic Association Oversight.--An
intercollegiate athletic association shall take reasonable
actions to ensure that its member institutions comply with
this section.
SEC. 108. OFFICE OF THE STUDENT ATHLETE OMBUDSMAN.
(a) In General.--An intercollegiate athletic association
shall establish an office to support student athletes, known
as the ``Office of the Student Athlete Ombudsman'' (in this
section referred to as the ``Office'').
(b) Duties.--The Office shall--
(1) provide independent advice to student athletes at no
cost about the applicable requirements of this title and the
amendments made by this title, including with respect to
their rights and responsibilities and the resources
available;
(2) assist in the resolution of student athlete concerns
regarding the intercollegiate athletic association,
conferences, or institutions;
(3) provide independent advice to student athletes with
respect to the role, responsibility, authority, and
jurisdiction of the intercollegiate athletic association,
conferences, or institutions;
(4) provide student athletes with current contact
information for external third-party resources for student
athletes;
(5) provide independent advice to student athletes with
respect to the relative value of engaging legal counsel;
(6) develop standard language to explain the rights and
responsibilities of student athletes under this Act that
institutions shall be required to conspicuously display in
common areas where student athletes congregate, such as
locker rooms, dormitories, or study areas, to ensure that
student athletes are properly informed of their rights,
responsibilities, and ability to contact the Ombudsman; and
(7) as appropriate, develop curricula to educate student
athletes on their rights and responsibilities under this Act
that is capable of being shared through in person or online
classes, training sessions, or other means.
(c) Administration.--An intercollegiate athletic
association shall hire and provide salary, benefits, and
administrative expenses for an Ombudsman and support staff
for the Office.
(d) Confidentiality.--
(1) In general.--The Office shall maintain as confidential
any information communicated or provided to the Office in
confidence in any matter involving the exercise of the
official duties of the Office.
(2) Exception.--The Office may, with the permission of the
parties involved, disclose information described in paragraph
(1) as necessary to resolve or mediate a dispute.
(3) Application.--The confidentiality requirements under
this subsection shall not apply to information--
(A) as necessary to comply with applicable reporting
requirements mandated by Federal law;
(B) relating to a felony personally witnessed by a member
of the Office;
(C) if necessary to protect an individual at imminent risk
of serious harm; or
(D) with the permission of the parties involved, as
necessary to resolve or mediate a dispute.
(4) Judicial and administrative proceedings.--
(A) In general.--The Ombudsman and any staff of the Office
shall not be compelled to testify or produce evidence in any
judicial or administrative proceeding with respect to any
matter involving the exercise of the duties of the Office.
(B) Confidentiality.--Any memorandum, work product, notes,
or case file of the Office--
(i) shall be confidential; and
(ii) shall not be--
(I) subject to discovery, subpoena, or any other means of
legal compulsion; or
(II) admissible as evidence in a judicial or administrative
proceeding.
(5) Prohibition on retaliation.--No employee, contractor,
agent, volunteer, or member of an intercollegiate athletic
association, a conference, or an institution shall take or
threaten to take any action against a student athlete as a
reprisal for disclosing information to or seeking assistance
from the Office.
(e) Independence in Carrying Out Duties.--The board of
directors or other governing board or committee of an
intercollegiate athletic association, a conference, or an
institution shall not prevent or prohibit the Office from
carrying out any duty or responsibility under this section.
SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES,
SERVICES, AND EVENTS.
Intercollegiate athletic associations and conferences shall
maintain comparable standards for medical care, lodging,
meals, rest, transportation, publicity and promotion, and, if
applicable, athletic facilities for championship events or
tournaments, across similarly situated men's and women's
athletic programs.
SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING
TRANSITIONS.
(a) In General.--An individual who serves, or has served at
any point during a competitive season, as football athletic
personnel for a varsity sports team for intercollegiate
football at an institution shall not, during that same
competitive season, perform for another institution any
duties or responsibilities customarily associated with a head
coach of a varsity sports team for intercollegiate football,
including, at a minimum--
(1) recruiting or contacting prospective or current student
athletes;
(2) directing, participating in, or materially influencing
recruiting strategy or evaluations;
(3) directing, participating in, or materially influencing
roster management decisions, including decisions relating to
transfers;
(4) facilitating, coordinating, negotiating, or otherwise
materially influencing name, image, and likeness activities
involving student athletes;
(5) directing, supervising, or materially influencing
coaching staff or team operations;
(6) participating in practice planning, game preparation,
strategic decision-making, or on-field activities;
(7) publicly representing the institution in an
intercollegiate football-related capacity in a manner that
reflects or implies authority over the intercollegiate
football program; and
(8) undertaking any other activity customarily associated
with a head coach of a varsity sports team for
intercollegiate football.
(b) Application.--Subsection (a) shall apply without regard
to title, formal designation, compensation structure,
employment status, or timing of any public announcement, and
the applicable intercollegiate athletic association may
prohibit any arrangement that, in substance or effect,
provides an individual described in subsection (a) with
authority or responsibilities customarily exercised by a head
coach.
(c) Determination of Ineligibility.--An individual
described in subsection (a) who accepts employment,
appointment, or designation as head coach of a varsity sports
team for intercollegiate football at another institution
during the same competitive season is ineligible to
participate in intercollegiate athletic competition for
intercollegiate football as head coach for the hiring
institution through the conclusion of the competitive season,
including any postseason competition, of the prior
institution or the hiring institution, whichever occurs
later.
(d) Penalties for Non-compliance.--In the event an
individual who accepts employment, appointment, or
designation as head coach of a varsity sports team for
intercollegiate football at another institution violates this
section, that individual shall be ineligible to assume the
duties as head coach of the varsity sports team for
intercollegiate football at the hiring institution for the
subsequent competitive season after the season in which the
violation occurred and be subject to additional penalties
sufficient to ensure compliance with this section.
(e) Application.--This section applies only to institutions
that compete in the Football Bowl Subdivision, as defined by
bylaw 20.9.9 of the National Collegiate Athletic Association,
or a successor bylaw.
(f) Definitions.--In this section:
(1) Applicable intercollegiate athletic association.--The
term ``applicable intercollegiate athletic association''
means only an intercollegiate athletic association that has
at least one member institution that is a member of the
Football Bowl Subdivision, as defined by bylaw 20.9.9 of the
National Collegiate Athletic Association, or a successor
bylaw.
(2) Competitive season.--The term ``competitive season''
means the period beginning with the first regularly scheduled
intercollegiate athletic competition for intercollegiate
football for an institution during a season and ending with
the conclusion of the final intercollegiate athletic
competition for intercollegiate football for the institution
during that season.
(3) Football athletic personnel.--The term ``football
athletic personnel'' means any individual employed by,
contracted with, or otherwise engaged by an institution
[[Page S4811]]
who provides coaching, instruction, recruiting, roster
management, or training as the head coach or a coordinator,
including an offensive, defensive, or special teams
coordinator, of student athletes who are members of or
participate with the varsity sports team for intercollegiate
football of the institution.
(4) Intercollegiate football.--The term ``intercollegiate
football''--
(A) means football played between institutions for which
eligibility requirements for participation by a student
athlete are established by an intercollegiate athletic
association; and
(B) does not include a recreational, intramural, or club
sport.
SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE
ATHLETIC ASSOCIATION GOVERNING BOARDS.
(a) In General.--Not less than 1/3 of the membership and
voting power of any board of directors or other governing
board, or committees with authority to establish and enforce
rules or bylaws shall be comprised of current student
athletes or former student athletes who have graduated from
their institution during the preceding 10-year period.
(b) Limitation.--
(1) A former student athlete who is a current or former
employee of an intercollegiate athletic association, a
conference, or a member institution may not count towards the
student athlete membership requirement pursuant to subsection
(a); and
(2) no member of any such board or committee shall vote on
any matter that presents a conflict of interest for such
member.
SEC. 112. TRANSFER PROTECTIONS.
An institution, a conference, an intercollegiate athletic
association, or any representative of such entity shall
permit a student athlete to transfer from one four-year
institution to another four-year institution--
(1) once without losing or delaying eligibility to
participate in intercollegiate sports;
(2) except as provided in paragraph (3), a second time with
a loss of eligibility to participate in intercollegiate
sports during the first academic year following the transfer;
and
(3) additionally, without losing or delaying eligibility to
participate in intercollegiate sports, upon--
(A) discontinuation of a sport in which the student athlete
competes;
(B) the departure of the head coach of the student
athlete's varsity sports team;
(C) sexual assault or harassment of the student athlete by
an individual associated with the student athlete's
institution; or
(D) the student athlete pursuing a graduate degree.
SEC. 113. ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
SPORTS.
(a) In General.--An individual is eligible to participate
on a Division I or Division II (as defined by bylaw 20 of the
National Collegiate Athletic Association, or a successor
bylaw) varsity sports team or in intercollegiate athletic
competition for a Division I or Division II institution (as
defined by bylaw 20 of the National Collegiate Athletic
Association, or a successor bylaw) if the individual--
(1) is a student athlete;
(2) meets uniform academic standards established by the
relevant intercollegiate athletic association, conference, or
institution;
(3) is not a professional athlete; and
(4) complies with established rules that restrict
eligibility for violations of State or Federal law.
(b) Years of Eligibility.--
(1) In general.--Subject to paragraph (2), a student
athlete is eligible to compete in intercollegiate athletic
competition for a Division I or Division II institution (as
defined by bylaw 20 of the National Collegiate Athletic
Association, or a successor bylaw) for a maximum of 5
calendar years beginning on, whichever occurs first--
(A) the beginning of the academic year following the 19th
birthday of the student athlete; or
(B) the date the student athlete initially enrolls full
time at an institution.
(2) Exceptions.--Paragraph (1) does not apply during a
period of absence for any of the following:
(A) Reasons of pregnancy.
(B) Religious mission.
(C) Active-duty military service.
(D) Other periods of absence, which may include serious
athletic injury or medical condition, adopted by rule or
bylaw by an intercollegiate athletic association that apply
uniformly to all student athletes.
(c) Restrictions on Eligibility.--
(1) In general.--An intercollegiate athletic association or
a conference may restrict the eligibility of a student
athlete to participate in intercollegiate sports if the
student athlete--
(A) used an illegal or performance enhancing drug; or
(B) participated in sports wagering activities or sports-
related event contracts.
(2) Code of conduct.--An institution may restrict the
eligibility of a student athlete to participate in
intercollegiate sports if the student athlete violated the
code of conduct of the institution that applies to all
students.
(d) Clarification on Youth Activities and Prize Money.--For
purposes of subsection (a)(3)--
(1) a student athlete who competes in basketball shall not
be considered a professional athlete based on their
participation in athletic competitions prior to, whichever
occurs first--
(A) the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls full
time at an institution; and
(2) a student athlete who competes in a sport other than
football or basketball shall not be considered a professional
athlete based solely on the amount of prize money the student
athlete received based on place finish or performance in an
athletic event before or after enrollment in an institution,
so long as--
(A) the prize money was provided only by the sponsor of the
athletics event; and
(B) the sponsor of the athletics event is not an
institution, employee of an institution, volunteer of an
institution, collective, or an associated entity.
(e) Transfer From 2-year Institution.--No intercollegiate
athletic association or conference shall require a student
athlete who transfers from a 2-year institution to a 4-year
institution to meet additional or more stringent academic
standards than the academic standards required for student
athletes who transfer from a 4-year institution.
(f) Rule of Construction.--Nothing in this section shall be
construed to restrict the ability of an institution to--
(1) require student athletes to meet or maintain academic
standards that are in addition to, or more stringent than,
the standards described in subsection (a) if such standards
are required of all students enrolled at the institution;
(2) discipline or sanction a student athlete for violating
a rule, regulation, or code of conduct that applies to all
students enrolled at the institution; or
(3) discipline or sanction a student athlete for violating
a rule, regulation, or a code of conduct that applies to all
student athletes participating in intercollegiate athletic
competition at that institution.
SEC. 114. PROHIBITED COMPENSATION AND AGREEMENTS.
(a) Certain Agreements and Compensation Prohibited.--
(1) Prohibition.--An institution, an employee of an
institution, a volunteer of an institution, a conference, an
employee of a conference, or an associated entity shall not--
(A) except as provided in paragraph (2) and subsection (b),
arrange, provide, offer, or permit, directly or indirectly,
compensation in an amount that would circumvent or result in
the institution exceeding the revenue share cap to--
(i) a student athlete, a group of student athletes, or
their family members; or
(ii) a prospective student athlete, a group of prospective
student athletes, or their family members;
(B) except for a name, image, and likeness agreement
between a student athlete and an institution or between a
prospective student athlete and an institution, enter into a
name, image, and likeness agreement with a student athlete or
prospective student athlete that is not--
(i) for a valid business purpose; and
(ii) commensurate with compensation paid by third parties
to individuals with a similar profile, reputation, or
notability who are not student athletes or prospective
student athletes at the institution; or
(C) provide compensation for any purpose to a prospective
student athlete prior to enrollment in an institution, but
nothing in this subparagraph shall prohibit an institution
from providing compensation to attend a development camp or
program if that camp or program is open to non-prospective
student athletes and such compensation does not exceed the
reasonable costs of attendance.
(2) Retention fund.--
(A) Retention fund exception.--Except as provided in
subparagraph (B), an institution may exceed the revenue share
cap by not more than $22,500,000 per academic year for the
purpose of retaining a student athlete or group of student
athletes who have spent at least one full competitive season
at the institution.
(B) Non-revenue generating intercollegiate sports
programs.--
(i) In general.--An institution may further exceed the
revenue share cap for the purpose described in subparagraph
(A) by up to an additional $5,000,000 per academic year in
proportion to the amount of name, image, and likeness
compensation provided by the institution through the revenue
share cap described in subsection (a)(1) and the retention
fund amount described in subparagraph (A) to a student
athlete or group of student athletes competing in non-revenue
generating intercollegiate sports programs, including women's
and Olympic intercollegiate sports programs.
(ii) Clarification.--Nothing in clause (i) shall be
interpreted to preclude an institution from providing name,
image, and likeness compensation through the revenue share
cap described in subsection (a)(1) and the retention fund
amount described in subparagraph (A) in excess of $5,000,000
to a student athlete or group of student athletes competing
in non-revenue generating intercollegiate sports programs,
including women's and Olympic intercollegiate sports
programs, provided such compensation complies with
subparagraph (A) and subsection (a)(1).
(C) Time limitation.--The exception described in
subparagraph (A) shall apply only during the nine-year period
beginning on the date of the enactment of this Act.
[[Page S4812]]
(D) Academic success limitation.--An institution shall not
be eligible for the exception described in subparagraph (A)
if the institution fails to meet uniform benchmarks
established by the relevant intercollegiate athletic
association or conference related to graduation rates and the
academic progress of its student athletes participating in a
varsity sports program.
(b) Personal Athletic and Education Benefits Permitted.--An
intercollegiate athletic association, a conference, an
institution, or any representative thereof shall not,
pursuant to the Injunctive Relief Settlement Agreement
approved by the court in ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025),
restrict the ability of a student athlete enrolled at an
institution to receive compensation from an intercollegiate
athletic association, an institution, a conference, or an
associated entity, for personal benefits related to education
or intercollegiate athletics, if those benefits are--
(1) reasonable costs of transportation and temporary
lodging for family members of a student athlete while the
student athlete is experiencing a documented physical or
mental health concern or participating in an intercollegiate
athletic competition;
(2) reasonable costs for meals, shelter, medical coverage,
and medical expenses not provided or covered by the
institution; or
(3) reasonable education-related financial benefits, such
as institution fees, books, or other incidental educational
expenses that are not otherwise provided by the institution.
(c) Multimedia Rights Holders, Sponsors, Apparel Companies,
and Vendors.--In the case of a name, image, and likeness
agreement involving, or brokered by, a multimedia rights
holder, or a sponsor of the institution in which the student
athlete is enrolled or plans to enroll that has a commercial
relationship with the institution, an apparel company that
has a commercial relationship with the institution, or a
vendor for the athletic department or athletic facilities
that has a commercial relationship with the institution--
(1) the multimedia rights holder shall provide a signed
certification to the intercollegiate athletic association or
its designated enforcement entity affirming that the
institution in which the student athlete is enrolled or plans
to enroll is not the originating source of the compensation
to be paid to the student athlete or prospective student
athlete and that payment of the compensation is not coming
directly or indirectly from the institution;
(2) the third party or the sponsor, apparel company, or
vendor benefitting from the name, image, and likeness of the
student athlete or prospective student athlete shall provide
a signed certification to the intercollegiate athletic
association or its designated enforcement entity affirming
that it is the originating source of the compensation to be
paid to the student athlete, that it did not receive funds,
directly or indirectly, from the institution in which the
student athlete is enrolled or plans to enroll for the
purpose of financing the agreement, that the institution did
not forgo funds due from the third party or the sponsor,
apparel company, or vendor for the purpose of financing the
agreement, and that the institution did not negotiate for and
determine the amount of compensation to be paid to the
student athlete or prospective student athlete through the
agreement; and
(3) the institution at which the student athlete is
enrolled or plans to enroll, if required by the
intercollegiate athletic association or its designated
enforcement entity, shall provide a signed certification to
the intercollegiate athletic association or its designated
enforcement entity that the institution is not circumventing
the revenue share cap through the name, image, and likeness
agreement, or negotiating for and determining the amount of
compensation to be paid to the student athlete or prospective
student athlete through the agreement.
(d) Valid Business Purpose.--Except for a name, image, and
likeness agreement with an institution, a name, image, and
likeness agreement with a student athlete shall be for a
valid business purpose.
(e) Payments to Coaches and Managers.--
(1) In general.--An institution described in paragraph (2)
may not compensate or otherwise provide or promise any type
of payment or benefit of more than $500,000 to any coach,
assistant coach, general manager, or other person who coaches
or manages a varsity sports team by using, diverting,
budgeting, or otherwise obtaining funds from any source other
than college sports revenue or a donation or contribution to
the athletic department of the institution.
(2) Institution described.--An institution described in
this paragraph is an institution with more than $80,000,000
in total annual athletics revenue during the preceding
academic year.
(f) Institution Defined.--In this section, the term
``institution'' means--
(1) an institution of higher education, as that term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001); and
(2) an institution that is a party to, through membership
in a conference or otherwise, ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025), or
has opted in to the Injunctive Relief Settlement in that
case.
SEC. 115. CONGRESSIONAL APPROVAL OF CONTINUATION OF REVENUE
SHARE CAP AND RETENTION FUND.
(a) Continuation Upon Congressional Approval.--
(1) Cessation absent approval.--Except as provided in
paragraph (2), if the covered settlement agreement expires or
terminates but no joint resolution of approval relating to
the notice of the expiration or termination is enacted into
law during the applicable congressional approval period, the
provisions of section 114 relating to the revenue share cap,
and, notwithstanding section 114(a)(2)(C), the retention
fund, shall--
(A) in the case of an expiration--
(i) cease to have force or effect on the date of such
expiration, if the applicable congressional approval period
ends before that date; or
(ii) if the applicable congressional approval period ends
after the date of such expiration, at the end of the
applicable congressional approval period; or
(B) in the case of a termination, remain in effect without
interruption notwithstanding such termination until, and
cease to have force or effect at, the end of the applicable
congressional approval period.
(2) Continuation upon approval.--If a joint resolution of
approval relating to the notice of the expiration or
termination is enacted into law, the provisions of section
114 relating to the revenue share cap and, only if specified
in the joint resolution of approval, the retention fund, in
effect immediately before such expiration or termination or
at the time the notice is provided to Congress pursuant to
subsection (b), subject to paragraph (3), shall continue in
effect without interruption beginning on the date of such
expiration or termination.
(3) Recalculation of revenue share cap dollar amount.--In
the first 2 years following a continuation under paragraph
(2), the revenue share cap shall increase by 4 percent each
year over the previous year's amount. In the third year
following a continuation under paragraph (2), and every 3
years thereafter, the revenue share cap shall be recalculated
based on 22 percent of the Average Shared Revenue based on
the most recent Membership Financial Reporting System Reports
available, or, if the covered settlement agreement is
modified, pursuant to the amendment provision specified in
paragraph 55 of that settlement, pursuant to the calculation
process in effect immediately before the expiration or
termination of the covered settlement agreement or at the
time the notice is provided to Congress pursuant to
subsection (b). In each of the 2 years following each such
recalculation, the revenue share cap shall increase by 4
percent each year over the previous year's amount. For
purposes of this paragraph, all information used to calculate
the revenue share cap pursuant to the covered settlement
agreement, or as modified pursuant to the amendment provision
specified in paragraph 55 of that settlement, shall be
subject to a publicly available, independent third-party
audit to verify the accuracy of such information for purposes
of complying with this subsection.
(b) Notice to Congress.--
(1) Scheduled expiration.--Not later than 180 calendar days
before the date on which the covered settlement agreement is
scheduled to expire, the defendant parties, or in the case of
disagreement, a majority of defendant parties, to the covered
settlement agreement shall transmit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives a written notice of the scheduled expiration.
If the scheduled expiration date is established less than 180
calendar days before that date, any defendant party to the
covered settlement agreement shall transmit the notice not
later than 1 calendar day after the scheduled expiration date
is established.
(2) Early termination.--Not later than 1 calendar day after
the date on which the defendant parties to the covered
settlement become aware of a court order that provides for
the termination of the covered settlement agreement before
its scheduled expiration, any defendant party to the covered
settlement agreement shall transmit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives a written notice of the termination.
(3) Contents.--A notice under this subsection shall
include--
(A) the scheduled, expected, or actual date of the
expiration or termination, if known, and the basis for the
expiration or termination; and
(B) the dollar amounts and material terms of the revenue
share cap in effect, or expected to be in effect, immediately
before the expiration or termination.
(4) Date of receipt.--Congress receives a notice under this
subsection on the date on which both the President pro
tempore of the Senate and the Speaker of the House of
Representatives receive the notice. In the event a notice is
not provided to Congress under this subsection, notice shall
be deemed to have been received by Congress not later than 3
calendar days after the date of the expiration or termination
of the covered settlement agreement.
(5) Deemed receipt.--Notwithstanding paragraph (4), for
purposes of this section, a notice required under this
subsection received after the expiration or termination of
the covered settlement agreement shall be deemed to have been
received by Congress on the date on which covered settlement
agreement expired or terminated.
(c) Joint Resolution of Approval.--
[[Page S4813]]
(1) Applicable congressional approval period.--With respect
to a notice under subsection (b), the term ``applicable
congressional approval period'' means the 30-calendar-day
period beginning on the date on which Congress receives the
notice, except that the congressional approval period shall
immediately terminate upon the passage a of a joint
resolution of approval by the Senate and the House of
Representatives.
(2) Joint resolution of approval.--For purposes of this
section, the term ``joint resolution of approval'' means only
any joint resolution--
(A) that is introduced not later than 10 calendar days
after the date on which Congress receives the notice under
subsection (b) to which the joint resolution relates;
(B) that does not have a preamble;
(C) the title of which is either of the following:
(i) ``Joint resolution approving the continuation of the
revenue share cap and retention fund under the Protect
College Sports Act of 2026''; or
(ii) ``Joint resolution approving the continuation of the
revenue share cap under the Protect College Sports Act of
2026''; and
(D) the sole matter after the resolving clause of which is
either of the following:
(i) for a joint resolution with a title described in
subparagraph (C)(i): ``That Congress approves, under section
115 of the Protect College Sports Act of 2026, the
continuation, after the expiration or termination described
in the notice received by Congress on __________, of the
revenue share cap and retention fund in effect immediately
before such expiration or termination or at the time the
notice was provided to Congress pursuant to subsection (b) of
that section, and of the provisions of section 114 of such
Act relating to that cap and fund.''; or
(ii) for a joint resolution with a title described in
subparagraph (C)(ii): ``That Congress approves, under section
115 of the Protect College Sports Act of 2026, the
continuation, after the expiration or termination described
in the notice received by Congress on __________, of the
revenue share cap in effect immediately before such
expiration or termination or at the time the notice was
provided to Congress pursuant to subsection (b) of that
section, and of the provisions of section 114 of such Act
relating to that cap.''.
(3) Date in resolving text.--The date inserted in the blank
in paragraph (2)(D)(i) or (2)(D)(ii) shall be the date on
which Congress receives the notice under subsection (b) to
which the joint resolution relates.
(4) Introduction.--A joint resolution of approval may be
introduced in either House of Congress by any Member of that
House.
(d) Fast Track Consideration in House of Representatives.--
(1) Reconvening.--Upon receipt of a notice under subsection
(b), the Speaker of the House of Representatives, if the
House would otherwise be adjourned, shall notify the Members
of the House that, pursuant to this section, the House shall
convene not later than the second calendar day after receipt
of the notice.
(2) Referral, reporting, and discharge.--A joint resolution
of approval introduced in the House of Representatives shall
be referred to the Committee on Energy and Commerce. The
committee shall report the joint resolution to the House not
later than 10 calendar days after the date on which Congress
receives the notice under subsection (b) to which the joint
resolution relates. If the committee fails to report the
joint resolution within that period, the committee shall be
discharged from further consideration of the joint resolution
and the joint resolution shall be referred to the appropriate
calendar.
(3) Proceeding to consideration.--After the committee
referred to in paragraph (2) reports a joint resolution of
approval to the House or is discharged from its
consideration, it shall be in order, not later than the 16th
day after the date on which Congress receives the notice
under subsection (b) to which the joint resolution relates,
to move to proceed to consider the joint resolution in the
House. All points of order against the motion are waived.
Such a motion shall not be in order after the House has
disposed of a motion to proceed on the joint resolution. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except 2
hours of debate equally divided and controlled by the
proponent and an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
(e) Fast Track Consideration in Senate.--
(1) Reconvening.--Upon receipt of a notice under subsection
(b), if the Senate has adjourned or recessed for more than 2
days, the majority leader of the Senate, after consultation
with the minority leader of the Senate, shall notify the
Members of the Senate that, pursuant to this section, the
Senate shall convene not later than the fifteenth calendar
day after receipt of the notice.
(2) Placement on calendar.--Upon introduction in the
Senate, a joint resolution of approval shall be placed
immediately on the calendar.
(3) Floor consideration.--
(A) In general.--It is in order at any time during the
period beginning on the 10th day after the date on which
Congress receives the notice under subsection (b) to which
the joint resolution relates to move to proceed to the
consideration of the joint resolution. The motion to proceed
is privileged and not debatable. All points of order against
the joint resolution and against consideration of the joint
resolution are waived. The motion is not subject to a motion
to postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the joint
resolution is agreed to, the joint resolution shall remain
the unfinished business until disposed of.
(B) Debate.--Except as otherwise provided in this
paragraph, the joint resolution shall be debatable and shall
be subject to rule XXII of the Standing Rules of the Senate.
If cloture is invoked on the joint resolution, post-cloture
consideration of the joint resolution shall be limited to not
more than 10 hours, which shall be divided equally between
the majority and minority leaders or their designees. After
cloture is invoked, a motion further to limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit, the joint resolution
is not in order.
(C) Vote on passage.--After cloture is invoked on the joint
resolution, the vote on passage shall occur immediately
following the conclusion of the period of post-cloture
consideration under subparagraph (B) and, if requested in
accordance with the rules of the Senate, a single quorum
call.
(D) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate to the procedure relating to a joint
resolution shall be decided without debate.
(f) Rules Relating to Senate and House of
Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of approval of
that House, that House receives from the other House a joint
resolution of approval relating to the same notice under
subsection (b), the following procedures shall apply:
(A) The joint resolution of the other House shall not be
referred to a committee.
(B) With respect to the joint resolution of the House
receiving the joint resolution--
(i) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
(ii) the vote on passage shall be on the joint resolution
of the other House.
(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider a joint resolution of
approval under this section, the joint resolution of approval
of the other House shall be entitled to expedited floor
procedures under this section.
(3) Treatment of companion measures.--If, following passage
of a joint resolution of approval in the Senate, the Senate
then receives the companion measure from the House of
Representatives, the companion measure shall not be
debatable.
(4) Rules of house of representatives and senate.--This
subsection and subsections (c), (d), and (e) are enacted by
Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
are deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a joint resolution of
approval, and supersede other rules only to the extent that
they are inconsistent with such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules, so far as relating to the
procedure of that House, at any time, in the same manner and
to the same extent as in the case of any other rule of that
House.
(g) Covered Settlement Agreement Defined.--In this section,
the term ``covered settlement agreement'' means the
Injunctive Relief Settlement Agreement approved by the court
in ``In Re College Athlete NIL Litigation'', No. 20-cv-03919
(N.D. Cal. June 6, 2025) or as modified pursuant to the
amendment provision specified in paragraph 55 of that
settlement.
SEC. 116. COMMISSION ON THE FUTURE OF COLLEGE ATHLETICS.
(a) Commission on the Future of College Athletics.--
(1) In general.--There is established within the
legislative branch a commission, to be known as the
``Congressional Commission on the Future of College
Athletics'' (referred to in this section as the
``Commission''), for the purpose of providing recommendations
on the future of college athletics.
(2) Purpose.--The purpose of the commission is to provide
recommendations for the future of college athletics.
(b) Membership.--
(1) Composition.--Subject to paragraph (2), the Commission
shall be composed of 24 members, of whom--
(A) 4 members shall be appointed by the chair of the
Committee on Commerce, Science, and Transportation of the
Senate, in consultation with the chair of the Committee on
Health, Education, Labor, and Pensions of the Senate, of
which at least 1 member shall be a student athlete or former
student athlete;
[[Page S4814]]
(B) 4 members shall be appointed by the ranking member of
the Committee on Commerce, Science, and Transportation of the
Senate, in consultation with the ranking member of the
Committee on Health, Education, Labor, and Pensions of the
Senate, of which at least 1 member shall be a student athlete
or former student athlete;
(C) 4 members shall be appointed by the chair of the
Committee on Energy and Commerce of the House of
Representatives, in consultation with the chair of the
Committee on Education and Workforce of the House of
Representatives, of which at least 1 member shall be a
student athlete or former student athlete;
(D) 4 members shall be appointed by the ranking member of
the Committee on Energy and Commerce of the House of
Representatives, in consultation with the ranking member of
the Committee on Education and Workforce of the House of
Representatives, of which at least 1 member shall be a
student athlete or former student athlete;
(E) 1 member shall be a current or former student athlete
appointed by the majority leader of the Senate, in
consultation with the chair of the Committee on Commerce,
Science, and Transportation of the Senate and the chair of
the Committee on Health, Education, Labor, and Pensions of
the Senate;
(F) 1 member shall be a current or former student athlete
appointed by the minority leader of the Senate, in
consultation with the ranking member of the Committee on
Commerce, Science, and Transportation of the Senate and the
ranking member of the Committee on Health, Education, Labor,
and Pensions of the Senate;
(G) 1 member shall be a current or former student athlete
appointed by Speaker of the House of Representatives, in
consultation with the chair of the Committee on Energy and
Commerce of the House of Representatives and the chair of the
Committee on Education and Workforce of the House of
Representatives;
(H) 1 member shall be a current or former student athlete
appointed by the minority leader of the House of
Representatives, in consultation with the ranking member of
the Committee on Energy and Commerce of the House of
Representatives and the ranking member of the Committee on
Education and Workforce of the House of Representatives;
(I) 1 member shall be a representative of a historically
Black college or university, appointed by the majority leader
of the Senate;
(J) 1 member shall be a representative of a historically
Black college or university, appointed by the Speaker of the
House of Representatives;
(K) 1 member shall be a representative of a mid-sized
conference, appointed by the majority leader of the Senate;
and
(L) 1 member shall be a representative of a mid-sized
conference, appointed by the Speaker of the House of
Representatives.
(2) Requirements.--Members of the Commission shall be
individuals who are nationally recognized for expertise,
knowledge, or experience in matters related to college
athletics, university administration, sports law, labor law,
athlete welfare, sports economics, health care, or sports
medicine.
(3) Co-chairs, executive director, and staff.--
(A) Co-chairs.--The Commission shall have 2 co-chairs, of
whom--
(i) 1 co-chair shall be a member selected by the majority
party; and
(ii) 1 co-chair shall be a member selected by the minority
party.
(B) Executive director and staff.--The co-chairs of the
Commission shall appoint an executive director of the
Commission and such staff as appropriate, with compensation.
(4) Historically black college or university defined.--In
this subsection, the term ``historically Black college or
university'' has the meaning given the term ``part B
institution'' in section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061).
(5) Mid-sized conference defined.--In this subsection, the
term ``mid-sized conference'' means any conference that has
generated less than $500,000,000 in total annual revenue
during the preceding academic year.
(c) Authority.--The Commission may, for the purpose of
carrying out the duties of the Commission--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Commission considers relevant to
the purpose of the Commission; and
(2) require, by subpoena issued upon a majority vote of the
Commission, the attendance and testimony of such witnesses
and the production of such books, records, correspondence,
memoranda, papers, and documents as the Commission considers
relevant to the purpose of the Commission, provided that the
Commission shall take such action as may be necessary and
appropriate to preserve the confidentiality of trade secrets
or other confidential information of conferences,
intercollegiate athletic associations, institutions, or other
entities the Commission deems appropriate.
(d) Duties.--The duties of the Commission are as follows:
(1) To study and develop recommendations regarding--
(A) an alternative structure for providing compensation for
student athletes, including consideration of the positive and
negative implications associated with a collective bargaining
structure and employment status for student athletes,
(B) protecting and preserving athletic opportunities for
student athletes, particularly in non-revenue generating,
women's, and Olympic sports intercollegiate athletic
programs;
(C) whether any intercollegiate sport should be subject to
spending or cost limitations;
(D) whether to eliminate, extend, or change the revenue
share cap and retention fund described in section 114(a)(2),
including consideration of the calculation of the revenue
share cap and additional categories of revenue that should be
included in such calculation;
(E) compliance with endorsement contract reporting
requirements established by an athletic association or a
conference;
(F) adequacy of health, wellness, and safety standards
established pursuant to this title and compliance with those
standards by institutions, including a review of violations
of this title, student athlete injuries, student athlete
deaths, the adequacy of the independent reporting structure
of the athletic health and safety officers, and the
independence of medical personnel decisions, and
consideration of options for additional health, wellness, and
safety standards and increased oversight (including by a
third-party oversight organization) to improve compliance and
enforcement of health, wellness, and safety standards;
(G) the adequacy of the athlete agent provisions of this
title;
(H) the extent to which student athletes experience abuse
or mistreatment and measures that could protect student
athletes from such abuse or mistreatment, including
consideration of options for greater oversight (including by
a third-party oversight organization) to reduce instances of
abuse and mistreatment;
(I) the benefits of the intercollegiate athletic system,
including consideration of how the balance of education and
athletics impacts the life skills, educational opportunities,
leadership skills, character development, and personal growth
of the student athlete;
(J) within the Student Athlete Retention Council
established under subsection (e), whether the retention fund
exception under section 114(a)(2)(A) should be adjusted after
the date of the enactment of this Act, and if so, the amount
of annual compensation that should be subject to the
retention fund exception;
(K) the opportunities and drawbacks with providing student
athletes a method to derive long term financial stability
through financial interest in the value of a collegiate
athletic program; and
(L) any other recommendations regarding intercollegiate
athletics.
(2) To draft a joint resolution of approval under
subsection (j) that provides for implementation of the
recommendation of the Commission on whether to eliminate,
raise, or lower the Pool Benefits Limit in section 114(a).
(3) Not later than 30 months after the date of the
enactment of this Act, to submit a preliminary report on the
Commission's findings related to matters under paragraph (1)
to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) the President.
(4) Not later than 5 years after the date of the enactment
of this Act, to submit a report on the activities of the
Commission, including recommendations for such legislative
action as the Commission considers appropriate, to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) the President.
(e) Student Athlete Retention Council.--
(1) In general.--There is established within the Commission
a council, to be known as the ``Student Athlete Retention
Council'', for the purposes of providing recommendations
pursuant to subsection (d)(1)(J) on the future of the
retention fund exception under section 114(a)(2)(A).
(2) Membership.--The Student Athlete Retention Council
shall be composed of 16 members, of whom--
(A) 8 shall be representatives of Division I institutions,
with not more than one institution coming from the same
conference; and
(B) 8 shall be student athletes elected by all Division I
student athletes.
(3) Authority.--The Student Athlete Retention Council may
sit and act at such times and places as necessary for the
purpose of providing recommendations specified in subsection
(d)(1)(J).
(f) Quorum.--Twelve members of the Commission, of which 5
members shall be current or former student athletes, shall
constitute a quorum.
(g) Initial Meeting.--The Commission shall hold an initial
meeting not later than 30 days after the date on which a
sufficient number of members have been appointed under
subsection (b) to constitute a quorum pursuant to subsection
(f).
(h) Public Hearings.--The Commission shall hold 1 or more
public hearings.
(i) Status.--The Commission is not an agency (as defined in
section 551 of title 5, United States Code).
(j) Joint Resolution.--Any Member of Congress may introduce
a joint resolution
[[Page S4815]]
for consideration to adopt any of the recommendations of the
Commission, in whole or in part, including any
recommendations from the Commission on whether to eliminate,
raise, or lower the Pool Benefits Limit.
(k) Termination.--The Commission shall terminate 90 days
after the date on which the Commission submits the report
required by this section.
(l) Authorization of Appropriations.--There is authorized
to be appropriated to the Commission such sums as may be
necessary in any fiscal year, half of which shall be derived
from the applicable account of the House of Representatives
and half of which shall be derived from the contingent fund
of the Senate.
SEC. 117. RECRUITMENT AND TAMPERING.
An intercollegiate athletic association may enforce
provisions on recruitment and tampering of student athletes
or prospective student athletes before and during their
eligibility for intercollegiate athletic competition that--
(1) prohibit an institution, an employee of an institution,
a conference, an employee of a conference, or an associated
entity from contacting a student athlete who is enrolled at
or committed to another institution for the purpose of
recruiting that student athlete to transfer to or enroll at
an institution except for during a reasonable period (or
periods) of time established for each intercollegiate sport
that in no case shall be less than 2 weeks or greater than 5
weeks starting after the last intercollegiate athletic
competition in an academic year in the intercollegiate sport
in which the student athlete competes and in which student
athletes from the same intercollegiate athletic association
competed;
(2) prohibit an athlete agent from contacting an
institution, employee of an institution, or associated entity
on behalf of a student athlete who is enrolled at or
committed to another institution for the purpose of
facilitating the transfer or enrollment of the student
athlete at the contacted institution except for during a
reasonable period (or periods) of time for each
intercollegiate sport that in no case shall be less than 2
weeks or greater than 5 weeks starting after the last
intercollegiate athletic competition in an academic year in
the intercollegiate sport in which the student athlete
competes and in which student athletes from the same
intercollegiate athletic association competed;
(3) prohibit an institution, an employee of an institution,
a conference, an employee of a conference, or an associated
entity from contacting a prospective student athlete, who has
not enrolled in an institution, for the purpose of recruiting
that prospective student athlete to attend an institution as
a student athlete except for during a reasonable period (or
periods) of time established for each sport that in no case
shall be less than 2 weeks or greater than 5 weeks;
(4) prohibit an athlete agent from contacting an
institution, employee of an institution, or associated entity
on behalf of a prospective student athlete, who has not
enrolled in an institution, for the purpose of facilitating
the enrollment of the prospective student athlete at an
institution as a student athlete except for during a
reasonable period (or periods) of time for each sport that in
no case shall be less than 2 weeks or greater than 5 weeks;
(5) prohibit an institution, an employee of an institution,
a conference, an employee of a conference, an associated
entity, or an athlete agent from recruiting or contacting a
student athlete or prospective student athlete who has not
affirmatively opted in to receive such recruitment or
contact;
(6) prohibit an institution, an employee of an institution,
a volunteer of an institution, an associated entity, an
athlete agent, a conference, an employee of a conference, or
a volunteer of a conference from inducing a student athlete
or a prospective student athlete to enroll at an institution
or transfer to an institution by offering compensation to a
student athlete in violation of any of paragraphs (1) through
(5); or
(7) notwithstanding paragraph (1) or (2) of this section,
ensure that a student athlete permitted to transfer under one
or more of the exceptions specified in section 112(3) may
affirmatively opt in to receive recruitment or contact at a
time outside the times described in paragraphs (1) and (2) of
this section for the purpose of transferring pursuant to one
or more of such exceptions.
SEC. 118. LIMITATION ON LIABILITY.
(a) In General.--It shall not be unlawful under the
antitrust laws for an intercollegiate athletic association, a
conference, or an institution to enforce or comply with,
including through rules or bylaws--
(1) section 114;
(2) section 115;
(3) section 113;
(4) sections 101(a)(3) and 101(b)(1) and subparagraphs (A)
and (B) of section 101(b)(2);
(5) section 117;
(6) section 112;
(7) rules, bylaws, or requirements of an intercollegiate
athletic association that determine whether a specific
institution is selected to participate in a championship or
tournament if the process for selecting participants is not
entitled to antitrust exemption under this subsection;
(8) section 103; and
(9) section 110.
(b) Sanctions by an Intercollegiate Athletic Association.--
It shall not be unlawful under the antitrust laws for an
intercollegiate athletic association or conference to,
including through rules or bylaws--
(1) impose a fine against an institution, an employee, or
volunteer of an institution, a conference, an employee of a
conference, or an associated entity for a violation of
sections 110, 112, 113, 114, 115, or 117;
(2) restrict an institution, employee or volunteer of an
institution, a conference, or an employee of a conference,
from participation in intercollegiate athletic competition,
including championships or tournaments, for a violation of
sections 110, 112, 113, 114, 115, or 117;
(3) restrict the eligibility of a student athlete who--
(A) is not eligible to participate in intercollegiate
athletic competition or participate on a varsity sports team
under section 113;
(B) has transferred to an institution in a manner that does
not comply with section 112; or
(C) has received compensation in contravention of section
114 or section 115; or
(4) decertify an athlete agent for violations of section
103 or the amendments made by section 102.
(c) Requirements for an Intercollegiate Athletic
Association.--An intercollegiate athletic association shall
not be entitled to the antitrust exemptions set forth in
subsections (a) and (b) unless the intercollegiate athletic
association has established rules, bylaws, or other
regulations implementing paragraphs (1) through (9) of
subsection (a) and paragraphs (1) through (4) of subsection
(b).
(d) Designation of Entity.--
(1) In general.--An intercollegiate athletic association or
conference may designate an entity under its control pursuant
to the Injunctive Relief Settlement Agreement approved by the
court in ``In Re College Athlete NIL Litigation'', No. 20-cv-
03919 (N.D. Cal. June 6, 2025) for which it shall not be
unlawful to enforce or comply with section 114.
(2) Notice and comment requirement.--If an entity
designated under paragraph (1) proposes to issue a measure,
rule, guidance, or policy interpreting or implementing the
Injunctive Relief Settlement Agreement approved by the court
in ``In Re College Athlete NIL Litigation'', No. 20-cv-03919
(N.D. Cal. June 6, 2025), the designated entity shall give
reasonable prior notice and an opportunity to comment to the
defendant parties in ``In Re College Athlete NIL
Litigation''.
SEC. 119. PRIVATE RIGHT OF ACTION.
(a) Violations.--A person may file a civil action in an
appropriate district court of the United States or in an
appropriate State court only for a violation of the
following:
(1) Subsections (a) and (c) of section 101.
(2) Section 104.
(3) Section 105.
(4) Section 106.
(5) Section 107.
(6) Section 108.
(7) Section 109.
(8) Section 111.
(9) Section 112, only to the extent the claim--
(A) alleges an intercollegiate athletic association, a
conference, or an institution has not complied with the
transfer standard set forth in section 112;
(B) is filed against a Division I, Division II, or Division
III institution, as defined by bylaw 20 of the National
Collegiate Athletic Association as of the date of the
enactment of this Act, or an intercollegiate athletic
association or a conference comprised of any such
institutions; and
(C) is filed in an appropriate district court of the United
States.
(10) Section 113, only to the extent the claim--
(A) alleges an intercollegiate athletic association, a
conference, or an institution has not complied with the
eligibility standard set forth in section 113;
(B) is filed against a Division I or Division II
institution, as defined by bylaw 20 of the National
Collegiate Athletic Association as of the date of the
enactment of this Act, or an intercollegiate athletic
association or a conference comprised of any such
institutions; and
(C) is filed in an appropriate district court of the United
States.
(11) Section 114(b).
(b) Limitation.--The protection from antitrust liability
set forth in section 118 shall not be limited by a private
right of action filed under subsection (a).
(c) Relief.--In a civil action brought under subsection (a)
in which the plaintiff prevails, the court may award the
plaintiff--
(1) actual damages; and
(2) any other relief, including equitable relief or
declaratory relief, that the court determines appropriate
(including attorney's fees, if otherwise allowed under
applicable law).
(d) Limitation on Pre-dispute Agreements and Waivers.--
(1) Pre-dispute arbitration agreement.--
(A) In general.--Notwithstanding any other provision of
law, no intercollegiate athletic association, conference, or
institution shall include a pre-dispute arbitration agreement
(as defined in section 401 of title 9, United States Code) in
an agreement with a student athlete regarding a provision of
this title or an amendment made to this title.
(B) Treatment of claim.--If a claim for a violation of this
title arises, a student athlete has the option to arbitrate
the dispute if
[[Page S4816]]
the intercollegiate athletic association, conference, or
institution agrees to the arbitration.
(2) Pre-dispute joint-action waiver.--Notwithstanding any
other provision of law, no intercollegiate athletic
association or conference shall enforce a pre-dispute joint-
action waiver (as defined in section 401 of title 9, United
States Code) against a student athlete or group of student
athletes with respect to a dispute arising under this title
or an amendment made to this title, so long as there are not
fewer than 7 named plaintiffs.
(e) Disputes Arising From Enforcement of Injunctive Relief
Settlement.--Notwithstanding subsection (d)--
(1) a claim made by any entity or individual subject to the
injunctive relief provisions in ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025),
regarding whether a name, image, or likeness agreement is for
a valid business purpose shall follow the procedure set forth
in article 6, section 2, of such settlement; and
(2) in any dispute regarding whether an institution, an
employee of an institution, a volunteer of an institution, a
conference, an employee of a conference, or an associated
entity complied with paragraph (1) or (2) of section 114(a),
an institution, an employee of an institution, a volunteer of
an institution, a conference, an employee of a conference, or
an associated entity shall follow the procedure set forth in
article 6, section 2 of ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025).
(f) Notice Requirement for Civil Actions.--
(1) In general.--A civil action may be brought by a person
under this section only if, prior to filing such action, the
plaintiff provides to the defendant 30 days written notice
identifying the specific provisions set forth in subsection
(a) that the plaintiff alleges have been or are being
violated.
(2) Effect of cure.--In the event a cure is possible, if,
within the 30-day period under paragraph (1), the defendant
cures the violation and provides the plaintiff with an
express written statement that the violation has been cured
and no such further violation shall occur, an action shall
not be permitted.
(3) Exception.--Paragraphs (1) and (2) shall not apply to
any civil action that is based in whole or in part on
allegations of physical injury, death, or sexual abuse or
misconduct.
SEC. 120. WHISTLEBLOWER PROTECTION.
(a) In General.--No institution, conference, or
intercollegiate athletic association, or any agent thereof,
may discharge, demote, suspend, withdraw or reduce benefits
from, threaten, harass, or in any other manner discriminate
against an employee, a student athlete, a prospective student
athlete, a former student athlete, a contractor, a
subcontractor, a service provider, or an agent of an
institution, a conference, or an intercollegiate athletic
association because of any lawful act done by such
individual--
(1) to provide information to, or cause information to be
provided to, an agency of the Federal Government, an agency
of State government, Congress, or any law enforcement agency
regarding any act or omission that such individual reasonably
believes to be a violation of this title or title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding filed or about to be filed
relating to an alleged violation of this title or title IX of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
(b) Enforcement Action.--
(1) In general.--An individual aggrieved by a violation of
subsection (a) may bring an action in the appropriate
district court of the United States for the relief set forth
in paragraph (2).
(2) Relief.--An individual prevailing in any action under
paragraph (1) may obtain--
(A) compensatory damages and the cost of the action,
including reasonable attorney's fees and other litigation
costs reasonably incurred;
(B) in addition to any other relief available at law,
equitable relief that may be necessary or appropriate to
correct a violation of subsection (a) or make the individual
whole again;
(C) temporary relief while the case is pending; and
(D) if the prevailing individual is an employee--
(i) reinstatement with the same seniority status that the
individual would have had, but for the discrimination; and
(ii) backpay otherwise owed to the individual, with
interest.
(c) Rights Retained by Individual.--Nothing in this section
shall be construed to diminish the rights, privileges, or
remedies of any individual under any Federal or State law, or
under any labor contract.
(d) Nonenforceability of Certain Provisions Waiving Rights
and Remedies or Requiring Arbitration of Disputes.--
(1) Waiver of rights and remedies.--The rights and remedies
provided for in this section may not be waived by any
agreement, policy form, condition of employment, or athletic
agreement or participation.
(2) Predispute arbitration agreements.--No predispute
arbitration agreement shall be valid or enforceable if the
agreement requires arbitration of a dispute arising under
this section.
SEC. 121. RELATIONSHIP TO EXISTING LAW.
(a) In General.--No State or political subdivision of a
State may adopt, maintain, enforce, or continue in effect any
law, regulation, rule, requirement, or standard that--
(1) conflicts with any provision of this title that would
prevent compliance with this title; or
(2) governs, regulates, or invalidates policies or rules of
an institution, a conference, or an intercollegiate athletic
association that regulates--
(A) the compensation to a student athlete or prospective
student athlete for the use of their name, image, or
likeness, except as necessary to comply with this title;
(B) transfers of student athletes between institutions; or
(C) any provision described in subsection (a)(1)-(3) or (b)
of section 113 relating to the eligibility of a student
athlete to participate in intercollegiate athletics.
(b) Preservation of State Laws.--The following State laws,
rules, regulations, or requirements, or common law rights or
remedies shall not be preempted, displaced, or supplanted:
(1) Except to the extent that such law rule, regulation,
requirement, or common law right or remedy conflicts with
subsection (a), the following:
(A) Uniform Athlete Agent Acts.
(B) Civil rights laws.
(C) Tort law, unless otherwise specified in paragraph (2).
(D) Criminal law.
(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.
(a) Section 113(c)(1)(B) shall apply with respect to any
action or proceeding that is pending on or commenced on or
after the date of the enactment of this Act.
(b)(1) Except as provided in subsection (a), the provisions
of this Act shall not apply to any action or proceeding
commenced prior to the effective date of this Act.
(2) Exceptions.--Nothing in subsection (b) shall be
construed to--
(A) allow a student athlete eligibility to participate on a
Division I or Division II varsity sports team or in
intercollegiate athletic competition for a Division I or
Division II institution for more than a total of 5 years; or
(B) undermine the Benefits Pool Limit set forth in the
Injunctive Relief Settlement Agreement approved by the court
in ``In Re College Athlete NIL Litigation'', No. 20-cv-03919
(N.D. Cal. June 6, 2025), or as modified pursuant to the
amendment provision specified in paragraph 55 of that
settlement, unless such outcome is the result of legal
proceedings in the In Re College Athlete NIL Litigation, No.
20-cv-03919, or any appeal of legal proceedings in the In Re
College Athlete NIL Litigation, No. 20-cv-03919.
(c) Except as provided in subsection (a), nothing in this
Act shall be construed to extinguish, impair, or otherwise
limit a claim for monetary relief arising from conduct that
occurred before the date of the enactment of this Act.
SEC. 124. SEVERABILITY.
If any provision of this title, or an amendment made by
this title, is determined to be unenforceable or invalid, the
remaining provisions of this title and the amendments made by
this title shall not be affected.
SEC. 125. PROTECTION OF WOMEN'S SPORTS AND OLYMPIC SPORTS.
(a) In General.--An intercollegiate athletic association or
conference comprised of Division I institutions, as defined
by bylaw 20.9 of the National Collegiate Athletic
Association, or a successor bylaw, shall not reduce the
minimum intercollegiate athletic competitions, minimum
participants on a varsity sports team, or the number of
varsity sports teams, including the number of men's and
women's varsity sports teams or Olympic varsity sports teams,
that an institution must sponsor for membership within--
(1) Division I of the National Collegiate Athletic
Association, as defined by bylaw 20.9 of the National
Collegiate Athletic Association, or a successor bylaw; or
[[Page S4817]]
(2) the Football Bowl Subdivision, as defined by bylaw
20.9.9 of the National Collegiate Athletic Association, or
successor bylaw.
(b) Large-sized Institutions.--
(1) In general.--Except as provided in paragraph (2), an
intercollegiate athletic association or conference comprised
of institutions shall provide that each institution shall,
consistent with applicable intercollegiate athletic
association rules, offer and maintain at least as many total
grant-in-aid opportunities and total roster spots for non-
revenue generating intercollegiate sports programs, including
women's and Olympic intercollegiate sports programs, during
each academic year as the member institution provided during
academic year 2024-2025.
(2) Waiver.--
(A) In general.--An institution may be granted a waiver
from compliance with paragraph (1) for not more than one
academic year at a time by an intercollegiate athletic
association if the institution provides evidence that--
(i) annual athletics revenues have declined not less than
15 percent based on the average of the preceding three
academic years, and total grant-in-aid accounts for not less
than 45 percent of the total expenses of the athletic
department of the institution;
(ii) compliance with paragraph (1) would materially impair
the ability of the institution to comply with Federal law; or
(iii) there are extraordinary circumstances relating to
financial hardship, including from a natural disaster, act of
war, or another catastrophe, that are beyond the control of
the institution or materially impair the ability of the
institution to comply with paragraph (1).
(B) Condition.--As a condition of seeking a waiver under
subparagraph (A)(i), an institution shall first reduce the
total compensation of the coaching staff of its revenue-
generating varsity sports programs by the same proportion as
any planned reduction in expenditures for its non-revenue
generating intercollegiate sports programs during the waiver
period.
(3) Definitions.--In this subsection:
(A) Institution.--The term ``institution'' means an
institution, as defined by bylaw 20.9 of the National
Collegiate Athletic Association, or a successor bylaw, that,
upon the date of the enactment of this Act, reports, as
required under section 485(g) of the Higher Education Act of
1965 (20 U.S.C. 1092(g)), having generated not less than
$80,000,000 in total annual athletics revenue during the
preceding academic year.
(B) Non-revenue generating intercollegiate sports
program.--the term ``non-revenue generating intercollegiate
sports program'' means an intercollegiate sports program at
an institution for which, during an academic year, the
revenues generated specifically attributable to that sports
program are less than the direct and allocated operating
expenses of that sports program.
(4) Sunset.--This subsection shall terminate on the date
that is 9 years after the date of the enactment of this Act.
(c) Transitional Protection for Women's and Olympic Sports
at Mid-sized Institutions.--
(1) In general.--Except as provided in paragraph (2), an
intercollegiate athletic association or conference comprised
of covered mid-sized institutions shall provide that each
such institution shall, consistent with applicable
intercollegiate athletic association rules, offer and
maintain at least as many total grant-in-aid opportunities
and total roster spots for non-revenue generating
intercollegiate sports programs, including women's and
Olympic intercollegiate sports programs, during each academic
year as the institution provided during academic year 2024-
2025.
(2) Exemptions.--An institution shall be exempt from the
requirement under paragraph (1) for an academic year if--
(A) the total annual athletics revenue of the institution,
as reported under section 485(g) of the Higher Education Act
of 1965 (20 U.S.C. 1092(g)), declined by not less than 15
percent from the immediately preceding academic year;
(B) the institution petitions the relevant intercollegiate
athletic association for, and is granted, an exemption based
on a demonstrable financial hardship;
(C) compliance with that paragraph would materially impair
the ability of the institution to comply with Federal law; or
(D) there are extraordinary circumstances relating to
financial hardship, including from a natural disaster, act of
war, or other circumstance that is beyond the control of the
institution or materially impair the ability of the
institution to comply with that paragraph.
(3) Covered mid-sized institution defined.--In this
subsection, the term ``covered mid-sized institution'' means
an institution, as defined by bylaw 20.9 of the National
Collegiate Athletic Association, or a successor bylaw, that,
upon the date of the enactment of this Act, reports, as
required under section 485(g) of the Higher Education Act of
1965 (20 U.S.C. 1092(g)), having generated not less than
$50,000,000 but less than $80,000,000 in total annual
athletics revenue during the preceding academic year.
(4) Sunset.--This subsection shall terminate on the date
that is 4 years after the date of the enactment of this Act.
(d) Clarification of Flexibility.--Nothing in this section
may be construed to prevent an institution or a covered mid-
sized institution from modifying or substituting which
varsity sports it sponsors, or the number of roster spots and
grant-in-aid opportunities on each varsity sport, so long as
the institution--
(1) complies with bylaw 20.9 of the National Collegiate
Athletic Association, or a successor bylaw, or bylaw 20.9.9
of the National Collegiate Athletic Association, or a
successor bylaw; and
(2) as applicable under subsections (b) and (c), offers and
maintains at least as many total grant-in-aid opportunities
and total roster spots for non-revenue generating
intercollegiate sports programs during each academic year as
the institution provided during academic year 2024-2025.
(e) Clarification of Walk-on Athlete Eligibility for Para
Athletes.--
(1) In general.--Notwithstanding any provision of this
Act--
(A) an institution and the athletic director of an
institution shall retain full authority to include para
athletes on their roster spots for intercollegiate sports as
walk-on athletes;
(B) subparagraph (A) does not constitute a violation of
roster or scholarship limits for intercollegiate sports
covered under this Act or under ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025); and
(C) para athletes included as walk-on athletes shall not be
counted toward any roster cap or scholarship count
established for that intercollegiate sport.
(2) Definitions.--In this subsection:
(A) Para athlete.--The term ``para athlete'' means a
nationally or internationally classified athlete eligible to
compete in the Paralympic Games pursuant to qualifications
determined by the United States Olympic and Paralympic
Committee under chapter 2205 of title 36, United States Code.
(B) Walk-on athlete.--The term ``walk-on athlete'' means an
enrolled student athlete who participates on a sport roster
without receiving athletics-based scholarship aid.
SEC. 126. MID-SIZED CONFERENCE REPRESENTATION ON
INTERCOLLEGIATE ATHLETIC ASSOCIATION GOVERNING
BOARDS.
(a) In General.--An intercollegiate athletic association,
of which a mid-sized conference is a member, shall ensure any
board of directors or other governing board of the
intercollegiate athletic association, or any committee of the
intercollegiate athletic association with authority to
establish and enforce rules or bylaws, is comprised of
adequate representation by mid-sized conferences.
(b) Mid-sized Conference Defined.--In this section, the
term ``mid-sized conference'' means any conference that has
generated less than $500,000,000 in total annual revenue
during the preceding academic year.
SEC. 127. TITLE IX SAVINGS CLAUSE.
Nothing in this title or the amendments made by this title
shall be construed to override, modify, or amend the
applicability of title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.).
SEC. 128. PROTECTING OPPORTUNITIES FOR AMERICAN STUDENT
ATHLETES.
It is the policy of the United States that any institution
of higher education participating in intercollegiate
athletics should prioritize domestic students in the
selection of student athletes and the awarding of athletic
opportunities, including grant-in-aid and roster positions,
on the varsity sports teams of that institution.
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--
[[Page S4818]]
``(i) is paid or provided by an institution to a student
for the undergraduate or graduate course of study of the
student; and
``(ii) is in an amount that does not exceed the cost of
attendance for the student at the institution; and
``(B) does not include compensation paid to an individual
who is a student athlete or a former student athlete.
``(5) Institution.--The term `institution' has the meaning
given the term `institution of higher education' in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(6) Intercollegiate athletic association.--The term
`intercollegiate athletic association'--
``(A) means any organization, not-for-profit corporation,
association, or other group organized in the United States
that--
``(i) is composed of 2 or more institutions or conferences
that--
``(I) are located in different States; or
``(II) participate in intercollegiate athletic competitions
in more than 1 State;
``(ii) sponsors or arranges intercollegiate athletic
competitions between institutions;
``(iii) sets common rules, standards, procedures, or
guidelines for the administration of intercollegiate athletic
competition; and
``(iv) is not a conference;
``(B) includes--
``(i) the National Collegiate Athletic Association; and
``(ii) any other national intercollegiate athletic
association; and
``(C) does not include a corporation, association, or other
group affiliated with professional athletic competition.
``(7) Intercollegiate athletic competition.--The term
`intercollegiate athletic competition' means any varsity
intercollegiate sport contest, game, meet, match, tournament,
regatta, or other intercollegiate sport event in which
student athletes or varsity sports teams compete.
``(8) Intercollegiate football.--The term `intercollegiate
football' means the intercollegiate sport of football.
``(9) Intercollegiate sport.--The term `intercollegiate
sport'--
``(A) means a sport played at the intercollegiate level,
administered by an athletic department, between institutions
for which eligibility requirements for participation by a
student athlete are established by an intercollegiate
athletic association; and
``(B) does not include a recreational, intramural, or club
sport.
``(10) Member conference.--The term `member conference',
with respect to the covered entity, means a conference that
is a member of the covered entity.
``(11) Member institution.--The term `member institution',
with respect to the covered entity, means an institution that
is a member of the covered entity.''; and
(C) by inserting after paragraph (12), as so redesignated,
the following:
``(13) Student athlete.--The term `student athlete' means
an individual who--
``(A) is enrolled as a full-time student at an institution;
``(B) makes satisfactory progress towards completing a
degree; and
``(C) participates in intercollegiate athletic competitions
or competes for a varsity sports team as part of the
institution's educational, developmental, or extracurricular
programs.
``(14) Top 5 historic opponents in intercollegiate
football.--The term `top 5 historic opponents in
intercollegiate football', with respect to an institution,
means the 5 other institutions against which the institution
has played the most intercollegiate athletic competitions
within intercollegiate football.
``(15) Top 10 historic opponents in intercollegiate
football.--The term `top 10 historic opponents in
intercollegiate football', with respect to an institution,
means the 10 other institutions against which the institution
has played the most intercollegiate athletic competitions
within intercollegiate football.
``(16) Traditional rivalry.--The term `traditional rivalry'
means an intercollegiate athletic competition within
intercollegiate football that is between varsity sports teams
of 2 institutions that--
``(A) are both members of the covered entity;
``(B) are not members of the same conference; and
``(C) rank among each other's top 10 historic opponents in
intercollegiate football.
``(17) Varsity sports team.--The term `varsity sports team'
means a team composed of student athletes that is organized
by an institution for the purpose of intercollegiate athletic
competitions.''.
SEC. 202. LIMITATION ON LIABILITY FOR TRANSMISSION OF
COLLEGIATE SPORTS COMPETITIONS.
(a) In General.--Section 1 of the Sports Broadcasting Act
of 1961 (15 U.S.C. 1291) is amended--
(1) by striking ``That the'' and inserting the following:
``SECTION 1. EXEMPTION OF CERTAIN AGREEMENTS FROM ANTITRUST
LAWS.
``(a) Professional Sports.--The''; and
(2) by adding at the end the following:
``(b) College Sports.--The antitrust laws, as defined in
subsection (a), shall not apply to any joint agreement, by or
among institutions engaging in or conducting organized
intercollegiate sports, or conferences that have such
institutions as members, to form and operate a covered entity
that complies with and enforces the requirements of section 5
and sells or otherwise transfers to a third party all or any
part of the rights of the institutions or conferences in the
sponsored telecasting of the intercollegiate athletic
competitions engaged in or conducted by the institutions or
conferences.''.
(b) Technical and Conforming Amendments.--The Sports
Broadcasting Act of 1961 is amended--
(1) in section 2 (15 U.S.C. 1292)--
(A) by striking ``Section 1'' and inserting ``Section
1(a)''; and
(B) by striking ``in section 1'' and inserting ``in section
1(a)'';
(2) in section 3 (15 U.S.C. 1293), by striking ``section
1'' each place it appears and inserting ``section 1(a)''; and
(3) in section 4 (15 U.S.C. 1294), by striking ``section
1'' and inserting ``section 1(a)''.
SEC. 203. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS.
The Sports Broadcasting Act of 1961, as amended by section
201(b)(1) of this Act, is amended by inserting after section
4 (15 U.S.C. 1294) the following:
``SEC. 5. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS.
``(a) Condition on Antitrust Exemption.--Section 1(b) shall
not apply to any joint agreement entered into by institutions
or conferences to form the covered entity unless the covered
entity complies with the requirements under this section and
section 6.
``(b) Membership of the Covered Entity.--
``(1) Eligible membership.--A joint agreement to form the
covered entity shall be comprised of a voluntary association
of institutions or conferences that includes, at a minimum,
as of the date on which the joint agreement is entered into,
not less than 75 percent of the institutions participating in
the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of
the National Collegiate Athletic Association.
``(2) Invitation requirement.--
``(A) In general.--The covered entity shall offer
membership on fair and nondiscriminatory terms to each
conference and each institution that is in Division I, as
defined by Bylaw 20.9 of the National Collegiate Athletic
Association as of the date of enactment of the Protect
College Sports Act of 2026.
``(B) Optional participation.--No conference or institution
shall be required to join the covered entity or accept an
offer under subparagraph (A), but no conference or
institution eligible for membership under subparagraph (A)
may be refused an invitation to join the covered entity.
``(c) Voting Rights.--
``(1) In general.--
``(A) Votes of conferences and institutions.--Subject to
subparagraph (C), the covered entity shall--
``(i) in the bylaws of the covered entity--
``(I) provide that each member conference or member
institution has 1 vote on each type of decision or
determination described in paragraph (2); and
``(II) specify the minimum number of votes required for
each type of decision or determination described in paragraph
(2); and
``(ii) require the bylaws to be adopted unanimously by the
member conferences and member institutions.
``(B) Votes of student athletes.--The covered entity
shall--
``(i) for purposes of decisions and determinations
described in paragraph (2)(C), designate not fewer than 10
individuals who, as of the date of designation, are student
athletes or were student athletes during the preceding 10-
year period; and
``(ii) ensure that each individual designated under clause
(i) has 1 vote on a decision or determination described in
paragraph (2)(C).
``(C) Non-voting member conferences.--If a conference and 1
or more of the institutions of the conference are members of
the covered entity, the conference shall be a non-voting
member of the covered entity.
``(2) Voting thresholds.--
``(A) Major decisions.--A major decision, as defined by the
bylaws of the covered entity, shall require a vote totaling
not less than \2/3\ of the member conferences or member
institutions exercising their voting rights.
``(B) Non-major decisions.--A non-major decision, as
defined by the bylaws of the covered entity, shall require a
vote totaling not less than a majority of the member
conferences or member institutions exercising their voting
rights.
``(C) Revenue distributions or changes to voting
allocations.--A determination regarding the allocation of
collective media rights revenue or a decision to change a
voting threshold described in this paragraph shall require a
unanimous vote of the member conferences, member
institutions, or current or former student athletes
exercising their voting rights.
``(D) Media rights requirement.--A determination of which
media rights shall be contributed to the covered entity
pursuant to subsection (f) shall require a unanimous vote of
the member conferences or member institutions exercising
their voting rights.
``(d) Revenue Allocation Formula.--
``(1) Method.--Not less frequently than once each academic
year, the covered entity shall distribute the collective
media rights revenue among member conferences and member
institutions--
``(A) according to the allocation of collective media
rights revenue most recently determined in accordance with
subsection (c)(2)(C); and
[[Page S4819]]
``(B) in accordance with the requirements of this
subsection.
``(2) Requirements.--The distribution of collective media
rights revenue under paragraph (1) shall--
``(A) ensure that--
``(i) each member conference or member institution receives
a minimum distribution of collective media rights revenue,
the amount of which shall be established under a bylaw
adopted in accordance with subsection (c)(2)(C); and
``(ii) each member institution receives more collective
media rights revenue (excluding revenue from the College
Football Playoff) during each academic year than the largest
amount of collective media rights revenue (excluding revenue
from the College Football Playoff) that the institution
received in any single academic year during the period of
academic year 2021-2022 through academic year 2024-2025;
``(B) distribute not less than 15 percent of the collective
media rights revenue that remains after compliance with
subparagraph (A) equally among all member institutions that
received revenue from intercollegiate athletic competitions
within intercollegiate football in the Football Bowl
Subdivision during academic year 2024-2025; and
``(C) distribute the collective media rights revenue that
remains after compliance with subparagraphs (A) and (B) to
member institutions based on the performance of each
institution during the academic year with respect to the
institution's contribution to the collective media rights
revenue.
``(3) Transfer of revenue.--Before distributing collective
media rights revenue under paragraph (1), the covered entity
shall, in accordance with section 106, transfer an amount of
collective media rights revenue to the fund or program
established under that section to ensure that the program or
fund is adequately funded.
``(e) Protection of Women's and Olympic Sports.--
``(1) In general.--Any member institution that receives
collective media rights revenue shall, consistent with
applicable intercollegiate athletic association rules, offer
and maintain at least as many grant-in-aid opportunities and
roster spots for non-revenue generating intercollegiate
sports programs, including women's and Olympic
intercollegiate sports programs, during each academic year as
the member institution provided during the 2024-2025 academic
year.
``(2) Definition.--For purposes of this subsection, the
term `non-revenue generating intercollegiate sports program'
means an intercollegiate sports program at an institution for
which, during an academic year, the revenues generated
specifically attributable to that sports program are less
than the direct and allocated operating expenses of that
sports program.
``(f) Contribution of Media Rights.--
``(1) Condition of participation.--The covered entity shall
require each member institution or member conference, as a
condition of receiving a distribution of collective media
rights revenue from the covered entity, to contribute to the
covered entity, for sale by the covered entity, the media
rights of the member institution or member conference,
determined by a vote described in subsection (c)(2)(D), with
the exception of the rights in the sponsored telecasting of--
``(A) the basketball tournaments organized by the National
Collegiate Athletic Association; and
``(B) all postseason intercollegiate athletic competitions
for intercollegiate football within the College Football
Playoff for the Football Bowl Subdivision occurring before
August 1, 2032.
``(2) Exclusive authority.--The covered entity shall have
the exclusive authority to negotiate, sell, license,
sublicense, and otherwise transfer on a pooled basis media
rights contributed under paragraph (1), with the exception of
the rights in the sponsored telecasting of--
``(A) the basketball tournaments organized by the National
Collegiate Athletic Association; and
``(B) all postseason intercollegiate athletic competitions
for intercollegiate football within the College Football
Playoff for the Football Bowl Subdivision occurring before
August 1, 2032.
``(3) Relation to contractual rights, obligations, and
remedies.--
``(A) Contribution of media rights.--Notwithstanding
paragraph (1), no member institution or member conference
shall contribute to the covered entity any media rights,
that, at the time of contribution, the member institution or
member conference is not legally entitled to contribute by
reason of an existing contract, including an amendment to
such contract, that restricts the assignment, transfer,
license, or other conveyance of such media rights.
``(B) Protection of contractual rights, obligations, and
remedies.--Nothing in this Act shall be construed to
eliminate, limit, modify, or otherwise affect any right,
obligation, or remedy of any party under an existing
contract.
``(4) Binding agreement.--The covered entity shall maintain
a written agreement, binding on all member institutions or
member conferences, that governs the collection and
distribution of collective media rights revenue for the
duration of the agreement.
``(5) Preservation of carriage, distribution, and promotion
of women's and olympic sports.--In any joint agreement
entered into by a covered entity which includes media rights
in football or basketball conveyed pursuant to a vote
described in subsection (c)(2)(D), the covered entity shall
take reasonable efforts to promote and distribute the media
rights for non-revenue generating intercollegiate sports
programs in the regular season and post-season, as well as
preserve the current levels of carriage, distribution, and
promotion.
``(g) Preservation of Conference Opponents and Traditional
Rivalries.--
``(1) Conference opponents.--If, as of the date of
enactment of the Protect College Sports Act of 2026, more
than 6 of the top 10 historic opponents in intercollegiate
football of a member institution were intra-conference
opponents of the member institution in intercollegiate
football during the most recently completed season, the
covered entity shall require the member institution to
preserve, to the maximum extent practicable, intercollegiate
athletic competitions within intercollegiate football amongst
all of its current conference opponents as of that date of
enactment.
``(2) Traditional rivalries.--
``(A) In general.--If, as of the date of enactment of the
Protect College Sports Act of 2026, more than 2 of the top 10
historic opponents in intercollegiate football of a member
institution were out-of-conference opponents of the member
institution in intercollegiate football during the most
recently completed season, the covered entity shall require
the member institution to play intercollegiate athletic
competitions within intercollegiate football that constitute
traditional rivalries, and ensure that--
``(i) the member institution plays not fewer than 2
intercollegiate athletic competitions within intercollegiate
football that constitute a traditional rivalry every 4 years;
and
``(ii) the member institution plays not less than 1
intercollegiate athletic competition within intercollegiate
football each year with an institution that is in a different
conference and is one of the top 5 historic opponents in
intercollegiate football of the member institution.
``(B) Institutions with fewer than 4 out-of-conference
rivals.--If a member institution is subject to the
requirements under subparagraph (A), and fewer than 4 of the
top 10 historic opponents of the member institution in
intercollegiate football are member institutions that belong
to a different conference, the member institution shall seek
to comply with clauses (i) and (ii) of subparagraph (A) to
the extent practicable.
``(C) Savings clause.--Nothing in this paragraph shall be
construed to affect the ability of a member institution to
engage in intercollegiate athletic competitions within
intercollegiate football against any other member institution
within the same conference that was 1 of the top 10 historic
opponents in intercollegiate football of the member
institution as of the date of enactment of the Protect
College Sports Act of 2026.
``(3) Periodic review; authority to modify requirements.--8
years after the date of enactment of the Protect College
Sports Act of 2026, and periodically thereafter, but not more
frequently than once every 4 years, the covered entity--
``(A) may review the effects of the requirements under this
subsection on fan interest, student athletes, media revenues,
and preservation of traditional rivalries and historic
opponents; and
``(B) may modify the requirements under this subsection.
``(4) No effect on conferences and institutions outside
covered entity.--Nothing in this subsection requires any
conference or institution that is not in the covered entity
to schedule an intercollegiate athletic competition against
any other institution, regardless of whether such an
intercollegiate athletic competition is a traditional
rivalry.
``(h) Enforcement of the Act; Right to Cure.--
``(1) Private right of action.--Subject to paragraph (2), a
person aggrieved by a violation of section 1(b), this
section, section 6, or section 7, including a party to a
joint agreement to form the covered entity, may bring a civil
action against the covered entity in an appropriate district
court of the United States.
``(2) Notice and opportunity to cure.--A person may only
bring a civil action under paragraph (1) for a violation of
section 1(b), this section, section 6, or section 7 if--
``(A) not later than 1 year before bringing the civil
action, the person provides to the defendant specific notice
of the violation and an opportunity to cure the violation;
and
``(B) the defendant does not cure the violation during the
1-year period beginning on the date of the notice described
in subparagraph (A).
``(i) Participation in Covered Entity Optional.--
``(1) In general.--Nothing in this Act shall, under Federal
or State law, establish or be construed to require, mandate,
or encourage any institution or conference to join,
participate in, or transfer any media rights to the covered
entity or to create or give rise to any duty, obligation, or
standard of care to take such action.
``(2) Effect on liability.--Nothing in this Act, any
amendments made by this Act, or a decision by an institution
or conference to decline to join or participate in the
covered entity may be used to support any claim, cause of
action, or theory of liability under Federal or State law
that would impose liability on an institution or conference
or
[[Page S4820]]
compel an institution or conference to join or participate in
the covered entity.
``(3) No abrogation of existing contracts.--Nothing in this
section shall be construed to abrogate, terminate, or modify
a contract or other legally enforceable agreement in effect
on the date of enactment of the Protect College Sports Act of
2026, or to provide a defense to or immunity from a claim
arising from breach or nonperformance of such contract or
legally enforceable agreement.
``(4) No liability for declining to participate in covered
entity.--Nothing in this Act shall be construed to permit a
person to bring an action under Federal or State law to
challenge a decision by an institution or conference to not
join or participate in the covered entity.''.
SEC. 204. MARKET LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL
AND BASKETBALL.
The Sports Broadcasting Act of 1961 is amended by inserting
after section 5 (as added by section 203 of this Act) the
following:
``SEC. 6. MARKET-LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL
AND BASKETBALL.
``(a) Definitions.--In this section:
``(1) Designated market area.--The term `designated market
area' has the meaning given the term in section 122(j)(2)(C)
of title 17, United States Code.
``(2) Local designated market area.--
``(A) In general.--The term `local designated market area'
means an area that--
``(i) consists of a designated market area that includes
the principal campus of an institution that is a member of
the covered entity; and
``(ii) at the election of the member institution and the
applicable network, distributor, or licensee holding market-
level rights, may include not more than 1 additional
geographically adjacent designated market area, or designated
market area within the State in which the principal campus of
the member institution is located, in which a substantial
portion of the student body, alumni, or in-State resident
population of the member institution resides.
``(B) Publication of list.--The Federal Communications
Commission shall--
``(i) not later than 180 days after the date of enactment
of the Protect College Sports Act of 2026, publish a list of
designated market areas described in subparagraph (A); and
``(ii) maintain the list described in clause (i) on a
public website.
``(3) Local outlet option.--The term `Local Outlet option'
means the opportunity for not less than 1 outlet to carry a
live intercollegiate athletic competition without charge to
viewers within the local designated market area of a member
institution that is participating in the competition.
``(b) Requirement of Local Outlet Option.--
``(1) In general.--As a condition of the exemption under
section 1(b)(1), the covered entity shall make commercially
available by purchase or license, on a non-exclusive basis,
for each intercollegiate athletic competition in football or
basketball, not less than 1 Local Outlet option in the local
designated market area of each member institution
participating in the competition.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to require carriage of an intercollegiate
athletic competition by more than 1 Local Outlet in a given
designated market area.
``(3) No effect on national media agreements.--Nothing in
paragraph (1) shall limit the covered entity's ability to
negotiate nationwide or regional media agreements.
``(4) Requirement fulfillment.--A national rights holder
may satisfy the requirement under paragraph (1) by making
intercollegiate athletic competitions available to viewers in
the applicable local designated market areas using an
offering that the rights holder owns or is affiliated with
that is freely available to viewers.
``(c) Good Faith Negotiation.--
``(1) In general.--Each covered entity, and any network,
distributor, or licensee holding market-level rights or
seeking Local Outlet option rights to intercollegiate
athletic competitions described in subsection (b), shall
negotiate in good faith to fulfill the requirement of that
subsection.
``(2) Enforcement.--The Federal Communications Commission
shall have jurisdiction over complaints alleging a violation
of paragraph (1).''.
SEC. 205. PROHIBITION ON CERTAIN CONFERENCE MERGERS OR
ACQUISITION.
The Sports Broadcasting Act of 1961 is amended by inserting
after section 6 (as added by section 204 of this Act) the
following:
``SEC. 7. PROHIBITION ON CERTAIN CONFERENCE MERGERS AND
ACQUISITIONS.
``(a) Violation of Antitrust Laws.--It shall be unlawful
under the antitrust laws, as defined in section 1(a), for--
``(1) any covered conference that reported more than
$700,000,000 in revenue on its fiscal year 2025 tax return or
any subsequent tax return to--
``(A) merge or consolidate with, or acquire the assets or
media rights of, another covered conference or a covered
institution, if as a result of the transaction, the number of
institutions that are members of the covered conference would
be less than 75 percent of the institutions participating in
the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of
the National Collegiate Athletic Association; or
``(B) acquire the assets or media rights of an institution
that is not a covered institution, unless, as a result of the
transaction, the number of institutions that are members of
the covered conference does not exceed 19 institutions; or
``(2) any entity to merge with, acquire, or consolidate the
assets or media rights of a covered institution, or multiple
covered institutions, for the purpose of creating a new
conference or intercollegiate athletic association.
``(b) Defenses Not Applicable.--A transaction prohibited
under subsection (a) may not be justified by efficiencies,
procompetitive effects, or any other defense under the
antitrust laws, as defined in section 1(a).
``(c) Effect.--Any transaction consummated in violation of
subsection (a) shall be void.
``(d) No Impact on Covered Entity.--Nothing in this section
shall be construed to prohibit the creation of the covered
entity under section 5.
``(e) Applicability.--Nothing in subsection (a) shall be
construed to apply to a covered conference that--
``(1) is in existence on the date of enactment of this
section or a subsidiary of such covered conference; and
``(2) has not reported more than $700,000,000 on its fiscal
year 2025 tax return or any subsequent tax return.
``(f) Definitions.--In this section:
``(1) Covered conference.--The term `covered conference'
means a conference, the primary athletic revenue of which is
derived from the sale or transfer of media rights relating to
intercollegiate football.
``(2) Covered institution.--The term `covered
institution'--
``(A) for purposes of subsection (a)(1)--
``(i) during the 6-year period beginning on the date of
enactment of the Protect College Sports Act of 2026, means an
institution that has, at least once in the preceding 3 years,
competed in intercollegiate football as a member of a covered
conference that reported more than $700,000,000 in revenue on
its fiscal year 2025 tax return or any subsequent tax return;
and
``(ii) after the termination of the period described in
clause (i), means an institution that, as of the day before
the date of a transaction described in subsection (a)(1),
competes in intercollegiate football as a member of a covered
conference that reported more than $700,000,000 in revenue on
its fiscal year 2025 tax return or any subsequent tax return;
and
``(B) for purposes of subsection (a)(2), means an
institution that has, at least once in the preceding 5 years,
competed in intercollegiate football as a member of a covered
conference that reported more than $700,000,000 in revenue on
its fiscal year 2025 tax return or any subsequent tax
return.''.
SEC. 206. AMENDMENTS TO INTERCOLLEGIATE AND INTERSCHOLASTIC
FOOTBALL CONTEST LIMITATIONS.
(a) In General.--Section 3 of the Sports Broadcasting Act
of 1961 (15 U.S.C. 1293) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``, and''; and
(3) by adding at the end the following:
``(4) the season and any postseason, including
championships, of such intercollegiate football contests
conclude not later than January 8 of any year, to the extent
practicable.''.
(b) Protection of Army-Navy Game.--Section 3 of the Sports
Broadcasting Act of 1961 (15 U.S.C. 1293) is amended--
(1) by inserting ``(a)'' before ``The first sentence''; and
(2) by adding at the end the following:
``(b)(1) Section 1(b) shall not apply to any joint
agreement described in that section that permits any person
to sponsor, telecast, or authorize the telecast of any
postseason intercollegiate football contest involving an
institution participating in the Football Bowl Subdivision
during the protected Army-Navy Game broadcast window.
``(2) For purposes of this subsection, the term `protected
Army-Navy Game broadcast window' means the period beginning 1
hour before scheduled kickoff and ending 30 minutes after the
official conclusion of the telecast of the annual football
game between the United States Military Academy and the
United States Naval Academy occurring on the second Saturday
in December in any year.''.
SEC. 207. MEDIA RIGHTS UTILIZATION REQUIREMENT FOR COLLEGE
SPORTS OTHER THAN FOOTBALL AND BASKETBALL.
(a) Definitions.--In this section, the terms ``covered
entity'', ``intercollegiate athletic competition'', ``member
conference'', and ``member institution'' have the meanings
given those terms in section 8 of the Sports Broadcasting Act
of 1961, as redesignated by section 201(b)(1) of this Act.
(b) Requirement of Use.--A distributor to which any media
rights for intercollegiate athletic competitions in a sport
other than football or basketball are sold, licensed, or
otherwise conveyed by the covered entity or its member
institutions or member conferences after the date of
enactment of this Act shall affirmatively use those rights by
making the competitions reasonably available to the public
not later than 1 year after the effective date of the
agreement under which the rights are sold, licensed, or
otherwise conveyed.
[[Page S4821]]
(c) Reversion of Rights.--
(1) Failure to use rights; opportunity to cure.--If a
distributor to which media rights for intercollegiate
athletic competitions in a sport other than football or
basketball are sold, licensed, or otherwise conveyed as
described in subsection (b) does not use the rights during
the 1-year period beginning on the effective date of the
agreement under which the rights are sold, licensed, or
otherwise conveyed, the covered entity, member institution,
or member conference notifies the distributor after the
expiration of that 1-year period of the distributor's failure
to use the rights, and the distributor does not use the
rights during the 180-day period beginning on the date of the
notification, the rights for that sport shall revert to the
originating covered entity, member institution, or member
conference.
(2) Reconveyance.--Upon the reversion of rights under
paragraph (1), the covered entity, member institution, or
member conference may resell, relicense, or otherwise
reconvey the rights to another entity without penalty or
liability for breach of the original agreement described in
that paragraph.
(d) Savings.--Nothing in this section shall be construed to
modify the Sports Broadcasting Act of 1961, as amended by
this title.
TITLE III--HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM
SEC. 301. SHORT TITLE.
This title may be cited as the ``HBCU Sports Media and
Connectivity Program''.
SEC. 302. GRANTS FOR IMPROVEMENT OF BROADBAND, TECHNOLOGY,
MEDIA, AND SPORTS BROADCAST INFRASTRUCTURE OF
HBCUS.
(a) In General.--
(1) Grants authorized.--The Assistant Secretary, in
consultation with the Secretary, shall award grants to
eligible entities, on a competitive basis, to support long-
term improvements to broadband, information technology, media
infrastructure, including infrastructure for the production,
transmission, and distribution of live coverage of
intercollegiate athletic events, and local journalism for
student learning.
(2) Grant period.--With respect to each eligible entity
that is awarded a grant under this section, such grant shall
be for a period determined appropriate by the Assistant
Secretary based on the information submitted by such entity
under subsection (b) that is not less than 2 years and not
more than 5 years.
(3) Multiple grants permitted.--An eligible entity may
apply for, and be awarded, more than 1 grant under this
section.
(b) Application.--To be considered for a grant under this
section, an eligible entity shall submit an application to
the Assistant Secretary that includes--
(1) to the extent possible, the information necessary for
the Assistant Secretary, in consultation with the Secretary,
to make the determinations under subsection (c);
(2) a description of the projects that such eligible entity
plans to carry out with the grant and how such projects will
advance the long-term goals of the entity;
(3) an assessment of the broadband service available on the
campus of the eligible entity, and to the students of the
eligible entity, as of the date of the application;
(4) an explanation of--
(A) how such investments in broadband, information
technology, and media production, including sports media and
live coverage of intercollegiate athletic events, and local
journalism at such eligible entity will promote and advance
educational opportunities; and
(B) the anticipated number of years that any facilities
constructed, improved, or replaced under such projects may be
used to facilitate the opportunities and investments
described in subparagraph (A);
(5) the median age of the facilities that such entity plans
to improve or replace under such projects, if existing and
applicable;
(6) if the eligible entity proposes a project described in
paragraph (2) or (4) of section 303(a), a description of how
the project will expand the capacity of the eligible entity
to produce, transmit, or distribute live coverage of
intercollegiate athletic events, including events in women's
sports and Olympic sports, and, as applicable, to make such
live coverage available in the local market of the entity as
well as for digital distribution; and
(7) if relevant to the application--
(A) baseline measurements as of the date of the
application, in the form prescribed by the Assistant
Secretary, of--
(i) available network capacity and average and peak
utilization over the preceding 12 months; and
(ii) the number and percentage of enrolled students who
lack access to broadband, and the methodology used to
determine that figure; and
(B) for each baseline measurement submitted under
subparagraph (A), a specific, numerical target the entity
commits to achieve by the end of the grant period, and the
date by which each target will be met.
(c) Priority.--In awarding grants under this section, the
Assistant Secretary, in consultation with the Secretary--
(1) shall give priority to an eligible entity that--
(A) demonstrates the greatest need to improve campus
broadband and information technology infrastructure, as
determined by a comparison of factors identified by the
Assistant Secretary, which may include--
(i) the availability, capacity, and condition of broadband
service and network infrastructure on the campus of the
eligible entity;
(ii) the median age of the network and information
technology infrastructure that the entity will use grant
funds to improve;
(iii) the extent to which student enrollment and
instructional demands exceed existing network capacity; and
(iv) the total amount of deferred maintenance of the
network and information technology infrastructure of the
entity;
(B) demonstrates the most limited capacity to raise funds
for the long-term improvement of campus broadband and
information technology infrastructure, as determined by an
assessment of--
(i) the current and historic ability of the eligible entity
to raise funds for construction, renovation, modernization,
and major repair projects for campus;
(ii) whether the eligible entity has been able to issue
bonds or receive other funds to support school construction
projects;
(iii) the bond rating of the eligible entity;
(iv) the number of students enrolled as of the date on
which the application is submitted;
(v) the total value of the endowment of the eligible entity
as of the date on which the application is submitted;
(vi) the total amount of deferred maintenance of such
infrastructure; and
(vii) the amount and sources of institutional revenue;
(C) enrolls the highest percentages of students who are
eligible to receive a Federal Pell Grant under subpart 1 of
part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a et seq.), and whose families qualify for other
Federal need-based aid;
(D) is a public institution that--
(i) faces declining State support or investment; and
(ii) demonstrates limited ability to generate revenue, as
determined by assessing--
(I) the total value of the endowment of the institution as
of the date on which the application is submitted; and
(II) the costs of the deferred maintenance of the
institution relative to the total revenue of the institution;
(E) demonstrates an effort to seek support from public and
private entities for projects carried out with a grant
awarded under this title; and
(F) proposes a project with the lowest total cost per
student projected to be served, taking into account short-
term and long-term costs of the project, cost differentials
between geographical regions, and other key cost drivers over
the lifetime of the project, and demonstrates how those
factors contribute to overall cost efficiency; and
(2) may give priority to an eligible entity--
(A) that did not receive a grant under this title in the
preceding fiscal year;
(B) that proposes projects aligned with long-term
infrastructure priorities that--
(i) serve as regional models, as determined by the
Secretary;
(ii) address multiple needs on the campus of the entity; or
(iii) address the needs of at least 1 eligible entity in
addition to the entity receiving the grant;
(C) that is a member of an HBCU athletic conference;
(D) that commits to using the facilities and equipment
funded under the grant to produce or distribute live coverage
of intercollegiate athletic events in women's sports and
Olympic sports; or
(E) that has entered into, or demonstrates plans to enter
into, a partnership, licensing arrangement, or distribution
agreement with a covered entity, a conference, an
intercollegiate athletic association, or a video programming
distributor with respect to media rights to intercollegiate
athletic events of the eligible entity.
(d) Geographic Distribution.--In evaluating applications
receiving equivalent scores under the criteria published
under subsection (f)(2), the Assistant Secretary may consider
the geographic distribution of eligible entities in the
United States.
(e) Technical Assistance.--The Assistant Secretary, in
consultation with the Secretary, shall provide technical
assistance to eligible entities to prepare the entities to
qualify for, apply for, and maintain a grant under this
title.
(f) Program Accountability.--
(1) Public input.--Not later than 120 days after the date
on which amounts are first appropriated to carry out this
title, the Assistant Secretary shall publish in the Federal
Register a request for public comment on the design and
administration of the grant program under this title, with a
comment period of not less than 45 days.
(2) Program guidance.--Not later than 120 days after the
close of the comment period under paragraph (1), and before
accepting any application, the Assistant Secretary shall
publish--
(A) guidance for the grant program under this title,
including all application requirements;
(B) the criteria the Assistant Secretary will use to
evaluate applications, including the numerical weight
assigned to each criterion; and
(C) the process and timeline for awarding grants.
(3) No post hoc changes.--The Assistant Secretary shall
endeavor to evaluate an application on the basis of the
criteria and weights published under paragraph (2) that were
in effect on the date on which the application window opened.
[[Page S4822]]
(4) Publication of scores.--Not later than 30 days after
awarding grants for a fiscal year, the Assistant Secretary
shall make available to the appropriate congressional
committees, for each grant awarded, the name of the
recipient, the amount of the grant, and the score assigned to
the recipient's application under each criterion published
under paragraph (2).
SEC. 303. GRANT USES.
(a) Permitted Uses.--Except as provided in subsection (c),
an eligible entity that receives a grant under this title
shall use the grant funds to carry out at least one of the
following activities:
(1)(A) Install, upgrade, or extend the life of--
(i) high-speed broadband internet infrastructure sufficient
to support digital and technology-based learning, except that
no funds may be used for broadband infrastructure deployment
to any location that is already served by qualifying
broadband service or is subject to enforceable deployment
obligations, as determined by the Assistant Secretary;
(ii) campus-wide broadband networks, including adjacent
infrastructure and 5G and future network generations; and
(iii) other broadband infrastructure that provides support
for teaching, learning and research.
(B) Modernize, renovate, or retrofit campus facilities,
including preserving facilities with historic significance,
to facilitate projects under this paragraph.
(2)(A) Construct, install, maintain, or facilitate--
(i) equipment or infrastructure used for training and
education in digital media production and distribution
facilities, including tools and equipment that support
instruction in television or radio broadcasting on stations
located on the campus of or affiliated with the eligible
entity; and
(ii) facilities, equipment, or services for the studio of
digital media production or production for television or
radio broadcast stations located on the campus of or
affiliated with the eligible entity.
(B) Support technology, broadcast engineering, and
journalism instruction through existing courses and
supervised training programs that are--
(i) operated by or affiliated with the eligible entity; and
(ii) used primarily for instructional and experiential
learning purposes.
(3) Establish new, or improve existing, laboratories or
research facilities relating to the fields of communications
technology, broadcast engineering, media, journalism, and
other disciplines, as determined by the Assistant Secretary
in consultation with the Secretary.
(4) Construct, install, upgrade, or operate--
(A) media production facilities, including production
control rooms, master control facilities, and mobile or
remote production units, for the coverage of intercollegiate
athletic events;
(B) cameras, replay, graphics, audio, and other production
equipment, and transmission infrastructure, including fiber,
satellite, and internet protocol transmission, sufficient to
produce live coverage of intercollegiate athletic events at
the technical standards of national and regional video
programming distributors;
(C) streaming and digital distribution infrastructure
enabling the eligible entity to distribute live coverage of
intercollegiate athletic events directly to the public,
including in the local market of the eligible entity; and
(D) programs that train students of the eligible entity in
sports programming, including coverage, production,
distribution, and all other aspects of media operations,
integrated where practicable with the journalism and media
programs of the entity.
(b) Additional Resources.--An eligible entity that receives
a grant under this title may use the grant funds to--
(1) purchase or lease eligible equipment, excluding
personal devices, for shared instructional and research use
by students, faculty, and other designated instructional and
research personnel of the eligible entity, provided that
equipment is relevant to uses described in subsection (a);
(2) establish, expand, or operate information technology
and network operations capacity, including hiring and
training information technology personnel to support student
learning;
(3) strengthen the cybersecurity posture of the networks
and information systems of the eligible entity, including
through network monitoring, endpoint protection, and
cybersecurity workforce training to support student learning;
(4) provide digital skills and relevant occupational
training to students;
(5) subscribe to broadband internet access service, for
each eligible student through a single broadband connection
that provides sufficient speed, reliability, and data
capacity to support online learning for enrolled students of
the eligible entity who individually demonstrate financial
need through information submitted through the Free
Application for Federal Student Aid (commonly known as the
``FAFSA'') and lack access to broadband for learning; or
(6) acquire and install research-related equipment and
technology in the campus facilities of the eligible entity
related to telecommunications, journalism, media, and
cybersecurity.
(c) Prohibited Uses.--An eligible entity that receives a
grant under this title may not use the grant funds for--
(1) payment of routine and predictable maintenance costs or
minor repairs;
(2) the purchase or support of any communications equipment
or service (as defined in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608)) that
poses a risk to national security;
(3) activities that are funded, in whole or in part, under
part B of title III of the Higher Education Act of 1965 (20
U.S.C. 1060 et seq.), unless the Secretary approves such use;
(4) last-mile deployment of broadband service to a campus
of an eligible entity--
(A) that already has access to broadband service at a
download speed of not less than 1 gigabit per second at the
eligible entity's primary network aggregation point; or
(B) where there is a legally enforceable obligation to
deploy broadband service at the speed described in
subparagraph (A); or
(5) technology whose primary purpose is fundraising or the
conduct of ceremonial events.
(d) Encouraging Partnerships.--The Assistant Secretary and
the Secretary shall encourage partnerships between eligible
entities and public and private entities to--
(1) provide funding in addition to the grants provided
under this title; and
(2) assist in carrying out the activities funded by grants
awarded under this title.
SEC. 304. COORDINATION.
(a) In General.--In carrying out this title, the Assistant
Secretary, in consultation with the Secretary, shall
coordinate with the following entities to ensure efficient
administration, avoid duplication of funding and efforts, and
maximize student achievement:
(1) The Federal Communications Commission, including with
respect to--
(A) the E-Rate program set forth in subpart F of part 54 of
title 47, Code of Federal Regulations;
(B) broadband availability data collected under title VIII
of the Communications Act of 1934 (47 U.S.C. 641 et seq.);
(C) the broadcast licensing of noncommercial educational
broadcast stations operated by eligible entities; and
(D) the local broadcast availability of intercollegiate
athletic events.
(2) State broadband offices, with respect to funds made
available under the Broadband Equity, Access, and Deployment
Program established under section 60102 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1702).
(3) Other Federal agencies, including the Department of
Agriculture, that fund Federal broadband deployment programs.
(4) Intercollegiate athletic associations and any covered
entity, with respect to production standards, media rights,
and distribution arrangements relevant to projects funded
under this title.
(5) The Director of the Office of Minority Broadband
Initiatives.
(b) Streamlined Applications.--The Assistant Secretary
shall, to the extent practicable, align the application
requirements under this title with the requirements of other
Federal broadband programs in order to reduce administrative
burdens on eligible entities.
(c) Nonduplication.--In carrying out coordination
activities under subsection (a), the Assistant Secretary
shall ensure that any grant or other funds provided under
this title avoid duplication with a project that has received
Federal funds from a Federal entity described in that
subsection.
SEC. 305. REPORTS AND EVALUATION.
(a) Report to Congress.--
(1) In general.--Not later than 2 years after the first
award of a grant under this title, and annually thereafter,
the Assistant Secretary, in consultation with the Secretary,
shall submit to the appropriate congressional committees a
report on the projects carried out with grant funds awarded
under this title.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) with respect to projects carried out by eligible
entities with grant funds awarded under this title, an
assessment of--
(i) the types of such projects;
(ii) the total cost of each such project;
(iii) the geographic distribution of such projects; and
(iv) the demographic and socioeconomic composition of the
student population served by such projects;
(B) an evaluation of a sample of grant recipients, selected
by the Assistant Secretary taking into account size and
geographic location of each grantee, to determine how such
recipients are using the grant and the effectiveness of the
activities carried out with the grant in improving student
achievement;
(C) with respect to projects described in paragraphs (2)
and (4) of section 303(a), the number of intercollegiate
athletic events and other campus media productions produced,
transmitted, or distributed using facilities or equipment
funded under this title, disaggregated by sport and including
events in women's sports and Olympic sports; and
(D) the number of students receiving training in
journalism, broadcasting, or media production supported under
this title.
(b) Grantee Reporting Requirements.--Not later than 90 days
after the end of the grant period for a grant awarded under
this title, the grantee shall submit to the Assistant
Secretary a final report that--
[[Page S4823]]
(1) describes the use of grant funds, the status of each
funded asset, and the grantee's performance against each
target submitted under section 302(b)(7)(B); and
(2) meets any additional requirements established by the
Assistant Secretary in accordance with part 200 of title 2,
Code of Federal Regulations.
(c) Measures of Usage and Engagement.--Device utilization,
log-in counts, bandwidth consumed, platform hours, or any
other measure of usage or engagement may not be--
(1) used to fully satisfy any performance metric under this
title; or
(2) reported as evidence of the effectiveness of a program
carried out using grant funds awarded under this title.
SEC. 306. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Education and Workforce of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for
Telecommunications and Information.
(3) Covered entity.--The term ``covered entity'' has the
meaning given the term in the Act of September 30, 1961
(commonly known as the ``Sports Broadcasting Act of 1961'')
(15 U.S.C. 1291 et seq.), as amended by title II of this Act.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a part B institution; or
(B) an institution or program listed under section
326(e)(1) of the Higher Education Act of 1965 (20 U.S.C.
1063b(e)(1)).
(5) HBCU athletic conference.--The term ``HBCU athletic
conference'' means a conference the membership of which
consists predominantly of part B institutions.
(6) Intercollegiate athletic association; conference.--The
terms ``intercollegiate athletic association'' and
``conference'' have the meanings given those terms in section
100 of this Act.
(7) Part b institution.--The term ``Part B institution''
has the meaning given the term in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $180,000,000 for each of fiscal years 2027 through
2032.
______
SA 6777. Mr. THUNE proposed an amendment to amendment SA 6776
proposed by Mr. Thune (for Mr. Cruz) to the 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; as follows:
At the end add the following.
``This Act shall take effect 1 day after the date of
enactment.''
______
SA 6778. Mr. THUNE proposed an amendment to amendment SA 6777
proposed by Mr. Thune to the amendment SA 6776 proposed by Mr. Thune
(for Mr. Cruz) to the 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; as follows:
Strike ``1 day'' and insert ``2 days''.
______
SA 6779. Mr. THUNE proposed an amendment to the 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; as follows:
At the end add the following.
``This Act shall take effect 3 days after the date of
enactment.''
______
SA 6780. Mr. THUNE proposed an amendment to amendment SA 6779
proposed by Mr. Thune to the 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; as follows:
Strike ``3 days'' and insert ``4 days''.
______
SA 6781. Mr. THUNE proposed an amendment to the 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; as follows:
At the end add the following.
``This Act shall take effect 5 days after the date of
enactment.''
______
SA 6782. Mr. THUNE proposed an amendment to amendment SA 6781
proposed by Mr. Thune to the 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; as follows:
Strike ``5 days'' and insert ``6 days''.
______
SA 6783. Mr. THUNE proposed an amendment to amendment SA 6782
proposed by Mr. Thune to the amendment SA 6781 proposed by Mr. Thune to
the 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; as
follows:
Strike ``6 days'' and insert ``7 days''.
______
SA 6784. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the 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 was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ACCESS TO STREAMING OF LIVE GAMES.
(a) Definitions.--In this section:
(1) League.--The term ``league'' means a professional
sports team organization in the United States for any of the
following sports:
(A) Baseball.
(B) Basketball.
(C) Football.
(D) Hockey.
(E) Soccer.
(F) Any other sport determined by the Federal Trade
Commission, pursuant to a rule promulgated in accordance with
section 553 of title 5, United States Code.
(2) League streamer.--The term ``league streamer'' means a
streaming subscription service streaming the games of a
league that--
(A) has the name of the league in the title of the
streaming subscription service;
(B) is promoted by the league;
(C) has an agreement with the league to receive a portion
of proceeds from streaming the majority of the games of the
league; or
(D) meets any other requirement, as determined by the
Federal Trade Commission, pursuant to a rule promulgated in
accordance with section 553 of title 5, United States Code.
(3) Local fan.--The term ``local fan'', with respect to a
league team, means an individual located in the same State as
the league team team, or in any other locality determined by
the Federal Communications Commission.
(b) No Blackouts.--
(1) In general.--A league streamer shall provide to
customers of the league streamer access to view live every
game of the league without implementing any kind of blackout
for consumers, including a geographic blackout.
(2) Enforcement by the federal trade commission.--
(A) Unfair or deceptive acts or practices.--A violation of
paragraph (1), or a regulation promulgated thereunder, shall
be treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) and as
a violation of section 5(a) of the Federal Trade Commission
Act (15 U.S.C. 45(a)) relating to unfair methods of
competition.
(B) Powers of the commission.--
(i) In general.--The Federal Trade Commission shall enforce
paragraph (1), and any regulation promulgated thereunder, in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this section.
(ii) Privileges and immunities.--Any person who violates
paragraph (1), or a regulation promulgated thereunder, shall
be subject to the penalties and entitled to the privileges
and immunities provided in the Federal Trade Commission Act.
(iii) Authority preserved.--Nothing in this section shall
be construed to limit the authority of the Commission under
any other provision of law.
(iv) Rulemaking.--The Commission may promulgate in
accordance with section 553 of title 5, United States Code,
such rules as may be necessary to carry out this subsection,
including with respect to how to comply with paragraph (1).
(c) Free Access for Local Fans.--
(1) In general.--A league shall provide to each local fan
access to view live all games of the league team at no cost
to the local fan and at a quality of service not less than
that which is the best available, through a singular method
of viewing for all games, which may be--
(A) by local telecast or by streaming on a single streaming
service; and
[[Page S4824]]
(B) supported by advertisements.
(2) Exception.--Paragraph (1) shall not apply to--
(A) a minor league team; or
(B) a league with fewer than 8 teams.
(3) Enforcement.--
(A) Enforcement by the federal communications commission.--
The Federal Communications Commission shall have jurisdiction
over complaints alleging a violation of paragraph (1).
(B) Enforcement by state attorneys general.--
(i) In general.--In any case in which an attorney general
of a State has reason to believe that an interest of the
residents of that State has been or is threatened or
adversely affected by the engagement of any person in an act
or practice that violates this section or a regulation
promulgated under this section, the attorney general of the
State may, as parens patriae, bring a civil action on behalf
of the residents of the State in an appropriate district
court of the United States to--
(I) enjoin that act or practice;
(II) enforce compliance with this section or the
regulation;
(III) on behalf of residents of the State, obtain damages,
restitution, or other compensation, each of which shall be
distributed in accordance with State law; or
(IV) obtain such other relief as the court may consider to
be appropriate.
(ii) Reasonable attorney's fees.--In a civil action brought
under clause (i) in which the plaintiff prevails, the court
may award reasonable attorney's fees, including litigation
expenses, and costs reasonably incurred.
______
SA 6785. Ms. BALDWIN (for herself, Mr. Durbin, Mr. Welch, Mr.
Whitehouse, Mr. Schiff, and Mr. Blumenthal) submitted an amendment
intended to be proposed by her to the 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 was ordered to lie on the
table; as follows:
Strike section 121 and insert the following:
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) directly governs, regulates, or invalidates policies or
rules of an institution, a conference, or an intercollegiate
athletic association that regulates--
(A) the compensation to a student athlete or prospective
student athlete for the use of their name, image, or
likeness, except as necessary to comply with this title;
(B) transfers of student athletes between institutions; or
(C) any provision described in subsection (a)(1)-(3) or (b)
of section 113 with respect to the eligibility of a student
athlete to participate in intercollegiate athletics; or
(2) has the primary purpose and effect of directly
governing, regulating, or invalidating policies or rules of
an institution, a conference, or an intercollegiate athletic
association with respect to anything described in
subparagraph (A), (B), or (C) of paragraph (1).
(b) Preservation of State Laws.--Subject to subsection (a),
nothing in this Act shall preempt any State law, regulation,
rule, requirement, or standard with respect to the following:
(1) Uniform Athlete Agent Acts.
(2) Civil rights laws.
(3) Tort law.
(4) Criminal law.
(5) Laws that relate to student or campus safety.
(6) Fraud.
(7) Privacy or data breach.
(8) Contract law.
(9) Trademark law.
(10) Copyright law.
(11) Consumer protection law.
(12) Personal injury, including psychological injury.
(13) Wrongful death.
(14) Property damage.
(15) Sexual assault.
(16) Injury.
(17) Harassment.
(18) Any cause of action derivative of any of paragraphs
(12) through (17).
(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.
______
SA 6786. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the 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 was ordered to lie on the table; as follows:
At the end of title II, add the following:
SEC. 2__. PROHIBITION ON PARTICIPATION WITH PRIVATE EQUITY
FIRMS.
(a) Definitions.--In this section:
(1) Covered firm.--The term ``covered firm'' means an
entity that would be considered an investment company under
section 3 of the Investment Company Act of 1940 (15 U.S.C.
80a-3) but for the application of paragraph (1) or (7) of
subsection (c) of such section 3.
(2) Institution; intercollegiate athletic competition;
student athlete.--The terms ``institution'',
``intercollegiate athletic competition'', and ``student
athlete'' have the meanings given those terms in section 8 of
the Sports Broadcasting Act of 1961, as redesignated by
section 201(b)(1) of this Act.
(b) Prohibition.--Notwithstanding any other provision of
this title, or any amendment made by this title, an
institution may not participate with a covered firm in any
capacity with respect to--
(1) the sale, licensing, or other conveyance of media
rights for intercollegiate athletic competitions; or
(2) the operation of an intercollegiate sports program at
the institution, including with respect to coaching,
recruiting, scheduling, or the support of student athletes.
______
SA 6787. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the 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 was ordered to lie on the table; as follows:
In section 125(c)(4), strike ``4'' and insert ``9''.
______
SA 6788. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the 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 was ordered to lie on the table; as follows:
In section 119, strike subsection (c) and insert the
following:
(c) Relief.--In a civil action brought under subsection (a)
in which the plaintiff prevails, the court may award the
plaintiff--
(1) threefold the damages sustained by the plaintiff;
(2) the costs to the plaintiff of bringing the civil
action, including a reasonable attorney's fee; and
(3) any other relief, including equitable relief or
declaratory relief, that the court determines appropriate.
______
SA 6789. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the 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 was ordered to lie on the table; as follows:
In title III, strike section 306(4) and all that follows
through the end of the title and insert the following:
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a part B institution;
(B) an institution or program listed under section
326(e)(1) of the Higher Education Act of 1965 (20 U.S.C.
1063b(e)(1)); or
(C) any other institution described in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) HBCU athletic conference.--The term ``HBCU athletic
conference'' means a conference the membership of which
consists predominantly of part B institutions.
(6) Intercollegiate athletic association; conference.--The
terms ``intercollegiate athletic association'' and
``conference'' have the meanings given those terms in section
100 of this Act.
(7) Part b institution.--The term ``Part B institution''
has the meaning given the term in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $360,000,000 for each of fiscal years 2027 through
2032.
______
SA 6790. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the 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 was ordered to lie on the table; as follows:
In section 118(a), strike paragraphs (1) and (2) and insert
the following:
(1) section 114, except, if the covered settlement
agreement (as defined in section 115(g)) expires or
terminates but no joint resolution of approval relating to
the notice of that expiration or termination is enacted into
law during the applicable congressional approval period under
section 115, the provisions relating to the revenue share cap
and the retention fund;
[[Page S4825]]
(2) section 115 only to the extent that--
(A) the covered settlement agreement (as so defined) is
still in effect; or
(B) a joint resolution of approval relating to notice of
the expiration or termination of the covered settlement
agreement (as so defined) is enacted into law under that
section during the applicable congressional approval period;
______
SA 6791. Mr. CRAPO (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Bring Our Heroes Home Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the ``Bring Our Heroes Home
Act''.
SEC. 1095. DEFINITIONS.
In this subtitle:
(1) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(2) Collection.--The term ``Collection'' means the Missing
Armed Forces and Civilian Personnel Records Collection
established under section 1096(a).
(3) Executive agency.--The term ``Executive agency''--
(A) means an agency, as defined in section 552(f) of title
5, United States Code;
(B) includes any Executive department, military department,
Government corporation, Government controlled corporation, or
other establishment in the executive branch of the Federal
Government, including the Executive Office of the President,
any branch of the Armed Forces, and any independent
regulatory agency; and
(C) does not include any non-appropriated agency,
department, corporation, or establishment.
(4) Executive director.--The term ``Executive Director''
means the Executive Director of the Review Board.
(5) Government office.--The term ``Government office''
means an Executive agency, the Library of Congress, or the
National Archives.
(6) Missing armed forces and civilian personnel.--The term
``missing Armed Forces and civilian personnel''--
(A) means 1 or more missing persons; and
(B) includes an individual who was a missing person and
whose status was later changed to ``missing and presumed
dead''.
(7) Missing armed forces and civilian personnel record.--
The term ``missing Armed Forces and civilian personnel
record'' means a record that relates, directly or indirectly,
to the loss, fate, or status of missing Armed Forces and
civilian personnel that--
(A) was created or made available for use by, obtained by,
or otherwise came into the custody, possession, or control
of--
(i) any Government office;
(ii) any Presidential library; or
(iii) any of the Armed Forces; and
(B) relates to 1 or more missing Armed Forces and civilian
personnel who became missing persons during the period--
(i) beginning on December 7, 1941; and
(ii) ending on the date of enactment of this Act.
(8) Missing person.--The term ``missing person'' means--
(A) a person described in paragraph (1) of section 1513 of
title 10, United States Code; and
(B) any other civilian employee of the Federal Government
or an employee of a contractor of the Federal Government who
serves in direct support of, or accompanies, the Armed Forces
in the field under orders and who is in a missing status (as
that term is defined in paragraph (2) of such section 1513).
(9) National archives.--The term ``National Archives''--
(A) means the National Archives and Records Administration;
and
(B) includes any component of the National Archives and
Records Administration (including Presidential archival
depositories established under section 2112 of title 44,
United States Code).
(10) Official investigation.--The term ``official
investigation'' means a review, briefing, inquiry, or hearing
relating to missing Armed Forces and civilian personnel
conducted by a Presidential commission, committee of
Congress, or agency, regardless of whether it is conducted
independently, at the request of any Presidential commission
or committee of Congress, or at the request of any official
of the Federal Government.
(11) Originating body.--The term ``originating body'' means
the Government office or other initial source that created a
record or particular information within a record.
(12) Public interest.--The term ``public interest'' means
the compelling interest in the prompt public disclosure of
missing Armed Forces and civilian personnel records for
historical and governmental purposes, for public research,
and for the purpose of fully informing the people of the
United States, most importantly families of missing Armed
Forces and civilian personnel, about the fate of the missing
Armed Forces and civilian personnel and the process by which
the Federal Government has sought to account for them.
(13) Record.--The term ``record'' has the meaning given the
term ``records'' in section 3301 of title 44, United States
Code.
(14) Review board.--The term ``Review Board'' means the
Missing Armed Forces and Civilian Personnel Records Review
Board established under section 1099.
SEC. 1096. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS COLLECTION AT THE NATIONAL ARCHIVES.
(a) Establishment of Collection.--Not later than 90 days
after a quorum of the Review Board has been established under
section 1099, the Archivist shall--
(1) commence establishment of a collection of records to be
known as the ``Missing Armed Forces and Civilian Personnel
Records Collection'';
(2) commence preparing the subject guidebook and index to
the Collection; and
(3) establish criteria and acceptable formats for Executive
agencies to follow when transmitting copies of missing Armed
Forces and civilian personnel records to the Archivist, to
include required metadata, including applicable information
privacy safeguards.
(b) Regulations.--Not later than 90 days after the date of
the swearing in of the Review Board members, the Review Board
shall promulgate rules to establish guidelines and processes
for the disclosure of records contained in the Collection,
including applicable information privacy safeguards.
(c) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
jurisdiction, including legislative oversight jurisdiction,
in the Senate with respect to the Collection.
(2) House of representatives.--The Committee on Oversight
and Government Reform of the House of Representatives shall
have continuing jurisdiction, including legislative oversight
jurisdiction, in the House of Representatives with respect to
the Collection.
SEC. 1097. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS BY GOVERNMENT OFFICES.
(a) In General.--
(1) Preparation.--As soon as practicable after the date of
enactment of this Act, and sufficiently in advance of the
deadlines established under this subtitle, each Government
office shall--
(A) identify and locate any missing Armed Forces and
civilian personnel records in the custody, possession, or
control of the Government office, including intelligence
reports, congressional inquiries, memoranda to or from the
White House and other Federal departments and agencies,
Prisoner of War debriefings, live sighting reports, and
documents relating to Prisoner of War camps, movement of
Prisoners of War, exploitation of Prisoners of War,
experimentation on Prisoners of War, or status changes from
Missing in Action to Killed in Action; and
(B) prepare for transmission to the Archivist in accordance
with the criteria and acceptable formats established by the
Archivist a copy of any missing Armed Forces and civilian
personnel records.
(2) Certification.--Each Government office shall submit to
the Archivist, under penalty of perjury, a certification
indicating--
(A) whether the Government office has conducted a thorough
search for all missing Armed Forces and civilian personnel
records in the custody, possession, or control of the
Government office; and
(B) whether a copy of any missing Armed Forces and civilian
personnel record in the custody, possession, or control of
the Government office has not been transmitted to the
Archivist.
(3) Preservation.--No missing Armed Forces and civilian
personnel record shall be destroyed, altered, or mutilated in
any way.
(4) Effect of previous disclosure.--Information that was
made available or disclosed to the public before the date of
enactment of this Act in a missing Armed Forces and civilian
personnel record may not be withheld, redacted, postponed for
public disclosure, or reclassified.
(5) Withheld and substantially redacted records.--
(A) In general.--For any missing Armed Forces and civilian
personnel record that is transmitted to the Archivist which a
Government office proposes to substantially redact or
withhold in full from public access, the head of the
Government office shall submit an unclassified and publicly
releasable report to the Archivist, the Review Board, and
each committee of the Senate or the House of Representatives
with jurisdiction of a program, project, or activity of the
Government office justifying the decision of the Government
office to substantially redact or withhold the record by
demonstrating that the release of information would clearly
and demonstrably be expected to cause an articulated harm,
and that the harm would be of such gravity as to outweigh the
public interest in access to the information.
(B) Rulemaking.--The Archivist shall promulgate regulations
to define the term ``substantially redacted record'' for
purposes of subparagraph (A).
(b) Review.--
(1) In general.--Except as provided under paragraph (5),
not later than 270 days after a quorum of the Review Board
has been established under section 1099, each Government
office shall, in accordance with the criteria
[[Page S4826]]
and acceptable formats established by the Archivist--
(A) identify, locate, copy, and review each missing Armed
Forces and civilian personnel record in the custody,
possession, or control of the Government office for
transmission to the Archivist and disclosure to the public
or, if needed, review by the Review Board; and
(B) cooperate fully, in consultation with the Archivist, in
carrying out paragraph (3).
(2) Requirement.--The Review Board shall promulgate rules
for the disclosure of relevant records by Government offices
under paragraph (1).
(3) National archives records.--Not later than 270 days
after a quorum of the Review Board has been established under
section 1099, the Archivist shall--
(A) locate and identify all missing Armed Forces and
civilian personnel records in the custody of the National
Archives as of the date of enactment of this Act that remain
classified, in whole or in part;
(B) notify a Government office if the Archivist locates and
identifies a record of the Government office under
subparagraph (A); and
(C) make each classified missing Armed Forces and civilian
personnel record located and identified under subparagraph
(A) available for review by Executive agencies through the
National Declassification Center established under Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or any successor order.
(4) Records already public.--A missing Armed Forces and
civilian personnel record that is in the custody of the
National Archives on the date of enactment of this Act and
that has been publicly available in its entirety without
redaction shall be made available in the Collection without
any additional review by the Archivist, the Review Board, or
any other Government office under this subtitle.
(5) Exemptions.--
(A) Department of defense pow/mia accounting agency.--The
Defense POW/MIA Accounting Agency is exempt from the
requirement under this subsection to declassify and transmit
to the Archivist documents in its custody or control that
pertain to a specific case or cases that the Defense POW/MIA
Accounting Agency is actively investigating or developing for
the purpose of locating, disinterring, or identifying a
member of the Armed Forces who is a missing person.
(B) Department of defense military service casualty offices
and department of state service casualty offices.--The
Department of Defense Military Service Casualty Offices and
the Department of State Service Casualty Offices are exempt
from the requirement to declassify and transmit to the
Archivist documents in their custody or control that pertain
to individual cases with respect to which the office is
lending support and assistance to the families of missing
persons.
(c) Transmission to the National Archives.--Each Government
office shall--
(1) not later than 270 days after a quorum of the Review
Board has been established under section 1099, commence
transmission to the Archivist of copies of the missing Armed
Forces and civilian personnel records in the custody,
possession, or control of the Government office, except for
records described in subsection (a)(5); and
(2) not later than 1 year after a quorum of the Review
Board has been established under section 1099, complete
transmission to the Archivist of copies of all missing Armed
Forces and civilian personnel records in the custody,
possession, or control of the Government office.
(d) Periodic Review of Postponed Missing Armed Forces and
Civilian Personnel Records.--
(1) In general.--All missing Armed Forces and civilian
personnel records, or information within a missing Armed
Forces and civilian personnel record, the public disclosure
of which has been postponed under the standards under this
subtitle shall be reviewed by the originating body--
(A)(i) periodically, but not less than every 5 years, after
the date on which the Review Board terminates under section
1099(p); and
(ii) at the direction of the Archivist; and
(B) consistent with the recommendations of the Review Board
under section 1099B(b)(3)(B).
(2) Contents.--
(A) In general.--A periodic review of a missing Armed
Forces and civilian personnel record, or information within a
missing Armed Forces and civilian personnel record, by the
originating body shall address the public disclosure of the
missing Armed Forces and civilian personnel record under the
standards under this subtitle.
(B) Continued postponement.--If an originating body
conducting a periodic review of a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which has been postponed under the standards
under this subtitle, determines that continued postponement
is required, the originating body shall provide to the
Archivist an unclassified written description of the reason
for the continued postponement that the Archivist shall
highlight and make accessible on a publicly accessible
website administered by the National Archives.
(C) Scope.--The periodic review of postponed missing Armed
Forces and civilian personnel records, or information within
a missing Armed Forces and civilian personnel record, shall
provide expeditious public disclosure of missing Armed Forces
and civilian personnel records, to the fullest extent
possible, subject only to the grounds for postponement of
disclosure under section 1098.
(D) Disclosure absent certification by president.--Not
later than 10 years after the date on which a quorum of the
Review Board has been established under section 1099, all
missing Armed Forces and civilian personnel records, and
information within a missing Armed Forces and civilian
personnel record, shall be publicly disclosed in full, and
available in the Collection, unless--
(i) the head of the originating body, an Executive agency,
or another Government office recommends in writing that
continued postponement is necessary;
(ii) the written recommendation described in clause (i)--
(I) is provided to the Archivist in unclassified and
publicly releasable form not later than 180 days before the
date that is 10 years the date on which a quorum of the
Review Board has been established under section 1099; and
(II) includes--
(aa) a justification of the recommendation to postpone
disclosure with clear and convincing evidence that the
identifiable harm is of such gravity that it outweighs the
public interest in disclosure; and
(bb) a recommended specified time at which or a specified
occurrence following which the material may be appropriately
disclosed to the public under this subtitle;
(iii) the Archivist transmits all recommended postponements
and the recommendation of the Archivist to the President not
later than 90 days before the date that is 10 years after the
date on which a quorum of the Review Board has been
established under section 1099; and
(iv) the President transmits to the Archivist a
certification indicating that continued postponement is
necessary and the identifiable harm, as demonstrated by clear
and convincing evidence, is of such gravity that it outweighs
the public interest in disclosure not later than the date
that is 10 years after the date on which a quorum of the
Review Board has been established under section 1099.
(e) Records Management.--In carrying out this section, the
Archivist shall comply with any applicable statutory or
regulatory requirement related to records management.
SEC. 1098. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
RECORDS.
(a) In General.--Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created after the date that is 25 years before the
date of the review of the missing Armed Forces and civilian
personnel record by the Archivist may be postponed subject to
the limitations under this subtitle only--
(1) if--
(A) it pertains to--
(i) military plans, weapons systems, or operations;
(ii) foreign government information;
(iii) intelligence activities (including covert action),
intelligence sources or methods, or cryptology;
(iv) foreign relations or foreign activities of the United
States, including confidential sources;
(v) scientific, technological, or economic matters relating
to the national security;
(vi) United States Government programs for safeguarding
nuclear materials or facilities;
(vii) vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or
protection services relating to the national security; or
(viii) the development, production, or use of weapons of
mass destruction; and
(B) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure;
(2) if the information is protected from disclosure under
section 552(b) of title 5, United States Code (commonly known
as the ``Freedom of Information Act''); or
(3) if it reveals information described in paragraphs (1)
through (9) of section 3.3(b) of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information).
(b) Older Records.--Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created on or before the date that is 25 years before
the date of the review of the missing Armed Forces and
civilian personnel record by the Archivist may be postponed
subject to the limitations under this subtitle only if, as
demonstrated by clear and convincing evidence--
(1) the release of the information would be expected to--
(A) reveal the identity of a confidential human source, a
human intelligence source, a relationship with an
intelligence or security service of a foreign government or
international organization, or a nonhuman intelligence
source, or impair the effectiveness of an intelligence method
currently in use, available for use, or under development;
(B) reveal information that would impair United States
cryptologic systems or activities;
[[Page S4827]]
(C) reveal formally named or numbered United States
military war plans that remain in effect, or reveal
operational or tactical elements of prior plans that are
contained in such active plans; or
(D) reveal information, including foreign government
information, that would cause serious harm to relations
between the United States and a foreign government, or to
ongoing diplomatic activities of the United States; and
(2) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure.
(c) Exception.--Regardless of the date on which a missing
Armed Forces and civilian personnel record was created,
disclosure to the public of information in the missing Armed
Forces and civilian personnel record may be postponed if--
(1) the public disclosure of the information would reveal
the name or identity of a living person who provided
confidential information to the United States and would pose
a substantial risk of harm to that person, which shall be
determined in accordance with section 552(b)(7)(D) of title
5, United States Code;
(2) the public disclosure of the information could
reasonably be expected to constitute an unwarranted invasion
of personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest;
(3) the public disclosure of the information could
reasonably be expected to cause harm to the methods currently
in use or available for use by members of the Armed Forces to
survive, evade, resist, or escape; or
(4) the public disclosure of such information would
conflict with United States law, regulations, or executive
orders, including any law, regulation, or executive order
governing the disclosure of classified information.
SEC. 1099. ESTABLISHMENT AND POWERS OF THE MISSING ARMED
FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW
BOARD.
(a) Establishment.--There is established as an independent
establishment in the executive branch a board to be known as
the ``Missing Armed Forces and Civilian Personnel Records
Review Board'' to ensure and facilitate the review,
transmission to the Archivist, and public disclosure of
missing Armed Forces and civilian personnel records.
(b) Membership.--
(1) Appointments.--The Review Board shall be composed of 5
members appointed by the President, by and with the advice
and consent of the Senate, of whom--
(A) 1 shall be appointed in consultation with the Archivist
of the United States and shall serve as the Chairperson of
the Review Board;
(B) 1 shall be appointed in consultation with the majority
leader of the Senate;
(C) 1 shall be appointed in consultation with the minority
leader of the Senate;
(D) 1 shall be appointed in consultation with the Speaker
of the House of Representatives; and
(E) 1 shall be appointed in consultation with the minority
leader of the House of Representatives.
(2) Qualifications.--The members of the Review Board
shall--
(A) be appointed without regard to political affiliation;
(B) be citizens of the United States of integrity and
impartiality;
(C) not be employees of an Executive agency on the date of
the appointment;
(D) have high national professional reputation in their
fields and be capable of exercising the independent and
objective judgment necessary to the fulfillment of their role
in ensuring and facilitating the identification, location,
review, transmission to the Archivist, and public disclosure
of missing Armed Forces and civilian personnel records;
(E) possess an appreciation of the value of missing Armed
Forces and civilian personnel records to scholars, the
Federal Government, and the public, particularly families of
missing Armed Forces and civilian personnel;
(F) include at least 1 professional historian; and
(G) include at least 1 attorney.
(3) Consultation with the office of government ethics.--In
considering persons to be appointed to the Review Board, the
President shall consult with the Director of the Office of
Government Ethics to--
(A) determine criteria for possible conflicts of interest
of members of the Review Board, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of
member of the Review Board possesses a conflict of interest
as so determined.
(4) Consultation.--Appointments to the Review Board shall
be made after considering individuals recommended by the
American Historical Association, the Organization of American
Historians, the Society of American Archivists, the American
Bar Association, veterans' organizations, and organizations
representing families of missing Armed Forces and civilian
personnel.
(c) Security Clearances.--
(1) In general.--Each member of the Review Board shall seek
appropriate security clearances necessary to carry out the
duties of the Review Board.
(2) Review.--The appropriate departments, agencies, and
elements of the executive branch of the Federal Government
shall cooperate to ensure that an application by an
individual nominated to be a member of the Review Board
seeking a security clearance under paragraph (1) is
expeditiously reviewed and granted or denied.
(d) Consideration by the Senate.--Nominations for
appointment under subsection (b)(1) shall be referred to the
Committee on Homeland Security and Governmental Affairs of
the Senate for consideration.
(e) Vacancy.--Not later than 60 days after the date on
which a vacancy on the Review Board occurs, the vacancy shall
be filled in the same manner as specified for original
appointment.
(f) Chairperson Needed for Quorum.--A majority of the
members of the Review Board, including the Chairperson
appointed and confirmed pursuant to subsection (b)(1)(A),
shall constitute a quorum.
(g) Removal of Review Board Member.--
(1) In general.--A member of the Review Board shall not be
removed from office, other than--
(A) by impeachment by Congress; or
(B) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
(2) Judicial review.--
(A) In general.--A member of the Review Board removed from
office may obtain judicial review of the removal in a civil
action commenced in the United States District Court for the
District of Columbia.
(B) Relief.--The member may be reinstated or granted other
appropriate relief by order of the court.
(3) Notice of removal.--If a member of the Review Board is
removed from office, and that removal is by the President,
not later than 10 days after the removal, the President shall
submit to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Oversight and Government Reform of the House
of Representatives a report specifying the facts found and
the grounds for the removal.
(h) Compensation of Members.--
(1) Basic pay.--A member of the Review Board shall be
treated as an employee of the executive branch and
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day, including travel time, during
which the member is engaged in the performance of the duties
of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in
lieu of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Review Board.
(i) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render
a decision on a determination by a Government office to seek
to postpone the disclosure of a missing Armed Forces and
civilian personnel record, in whole or in part.
(2) Records.--In carrying out paragraph (1), the Review
Board shall consider and render a decision regarding--
(A) whether a record constitutes a missing Armed Forces and
civilian personnel record; and
(B) whether a missing Armed Forces and civilian personnel
record, or particular information in a missing Armed Forces
and civilian personnel record, qualifies for postponement of
disclosure under this subtitle.
(j) Powers.--
(1) In general.--The Review Board shall have the authority
to act in a manner prescribed under this subtitle, including
the authority to--
(A) direct Government offices to transmit to the Archivist
missing Armed Forces and civilian personnel records as
required under this subtitle;
(B) direct Government offices to transmit to the Archivist
substitutes and summaries of missing Armed Forces and
civilian personnel records that can be publicly disclosed to
the fullest extent for any missing Armed Forces and civilian
personnel record that is proposed for postponement in full or
that is substantially redacted;
(C) obtain access to missing Armed Forces and civilian
personnel records that have been identified by a Government
office;
(D) direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony
from individuals, which the Review Board has reason to
believe are required to fulfill the functions and
responsibilities of the Review Board under this subtitle;
(E) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths, and subpoena documents as the Review
Board considers advisable to carry out the responsibilities
of the Review Board under this subtitle;
(F) subpoena private persons to compel the production of
documents and other records relevant to the responsibilities
of the Review Board under this subtitle;
(G) require any Government office to account in writing for
the destruction of any records relating to the loss, fate, or
status of
[[Page S4828]]
missing Armed Forces and civilian personnel;
(H) receive information from the public regarding the
identification and public disclosure of missing Armed Forces
and civilian personnel records; and
(I) make a final determination regarding whether a missing
Armed Forces and civilian personnel record, or information
contained in a missing Armed Forces and civilian personnel
record, will be disclosed to the public or disclosure of the
missing Armed Forces and civilian personnel record or the
information to the public will be postponed, notwithstanding
the determination of a Government office.
(2) Enforcement of subpoenas.--Any subpoena issued under
the Review Board under this subsection may be enforced by any
appropriate Federal court acting pursuant to a lawful request
of the Review Board.
(k) Presidential Authority Over Review Board
Determination.--
(1) Public disclosure or postponement of disclosure.--After
the Review Board has made a formal determination concerning
the public disclosure or postponement of disclosure of an
missing Armed Forces and civilian personnel record or
information contained in a missing Armed Forces and civilian
personnel record, obtained or developed solely within the
executive branch, the President--
(A) shall have the sole and nondelegable authority to
require the disclosure or postponement of disclosure of such
record or information under the standards set forth in
sections 1097 and 1098; and
(B) shall provide the Review Board with an unclassified
written certification specifying the President's decision
within 30 days after the Review Board's determination and
notice to the executive agency as required under this
subtitle, stating the justification for the President's
decision, including the applicable grounds for postponement
under section 1098.
(2) Periodic review.--Any missing Armed Forces and civilian
personnel record or information contained in a missing Armed
Forces and civilian personnel record for which public
disclosure is postponed by the President shall be subject to
the requirements of periodic review and declassification of
classified information and public disclosure in the
Collection set forth in section 1097.
(3) Record of presidential postponement.--The Review Board
shall, upon its receipt, publish in the Federal Register a
copy of any unclassified written certification, statement, or
other materials transmitted by or on behalf of the President
with regard to postponement of the public disclosure of
missing Armed Forces and civilian personnel records, or
information contained in a missing Armed Forces and civilian
personnel records, under section 1098.
(l) Witness Immunity.--The Review Board shall be considered
to be an agency of the United States for purposes of section
6001 of title 18, United States Code.
(m) Oversight.--
(1) In general.--The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives shall--
(A) have continuing legislative oversight jurisdiction with
respect to the official conduct of the Review Board and the
disposition of postponed records after termination of the
Review Board; and
(B) not later than 10 days after submitting a request, be
provided access to any records held or created by the Review
Board.
(2) Duty of review board.--The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
under paragraph (1).
(3) Security clearances.--The Chair and Ranking Members of
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives, and designated
Committee staff, shall be granted all security clearances and
accesses held by the Review Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
(n) Support Services.--The Administrator of General
Services shall provide administrative services for the Review
Board on a reimbursable basis.
(o) Interpretive Regulations.--The Review Board may issue
interpretive regulations if the Review Board finds such
regulation to be necessary and appropriate.
(p) Termination and Winding Up.--
(1) In general.--On the date that is 2 years after the date
of enactment of this Act, the Review Board shall, by majority
vote, determine whether all Government offices have complied
with the obligations, mandates, and directives under this
subtitle.
(2) Termination date.--The Review Board shall terminate on
the date that is 4 years after the date on which all members
of the Review Board are sworn in to the Review Board.
(3) Report.--Before the termination of the Review Board
under paragraph (2), the Review Board shall submit to
Congress reports, including a complete and accurate
accounting of expenditures during its existence, and shall
complete all other reporting requirements under this
subtitle.
(4) Records.--Upon termination of the Review Board, the
Review Board shall transfer all records of the Review Board
to the Archivist for inclusion in the Collection, and no
record of the Review Board shall be destroyed.
SEC. 1099A. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS REVIEW BOARD PERSONNEL.
(a) Executive Director.--
(1) In general.--Not later than 45 days after the initial
meeting of the Review Board, the Review Board shall appoint
an individual to the position of Executive Director.
(2) Qualifications.--The individual appointed as Executive
Director--
(A) shall be a citizen of the United States of integrity
and impartiality;
(B) shall be appointed without regard to political
affiliation; and
(C) shall not have any conflict of interest with the
mission of the Review Board.
(3) Consultation with the office of government ethics.--In
their consideration of the person to be appointed to the
position of Executive Director, the Review Board shall
consult with the Director of the Office of Government Ethics
to--
(A) determine criteria for possible conflicts of interest
of the Executive Director, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of
Executive Director possesses a conflict of interest as so
determined.
(4) Security clearance.--
(A) In general.--The individual appointed as Executive
Director shall have the security clearance necessary to carry
out the duties of the position at the time of appointment.
(B) Expedited provision.--The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual who is a candidate for appointment as the
Executive Director, seeking security clearances necessary to
carry out the duties of the Executive Director, is
expeditiously reviewed and granted or denied.
(5) Duties.--The Executive Director shall--
(A) serve as principal liaison to Government offices;
(B) be responsible for the administration and coordination
of the review of records by the Review Board;
(C) be responsible for the administration of all official
activities conducted by the Review Board; and
(D) not have the authority to decide or determine whether
any record should be disclosed to the public or postponed for
disclosure.
(6) Removal.--The Executive Director may be removed by a
majority vote of the Review Board.
(b) Staff.--
(1) In general.--The Review Board may, in accordance with
the civil service laws, but without regard to civil service
law and regulation for competitive service as described in
subchapter I of chapter 33 of title 5, United States Code,
appoint and terminate additional employees as are necessary
to enable the Review Board and the Executive Director to
perform their duties under this subtitle.
(2) Treatment as employees of executive branch.--The
Executive Director and other employees of the Review Board
shall be treated as employees of the executive branch.
(3) Qualifications.--An individual appointed to a position
as an employee of the Review Board--
(A) shall be a citizen of the United States of integrity
and impartiality; and
(B) shall not have had any previous involvement with any
official investigation or inquiry relating to the loss, fate,
or status of missing Armed Forces and civilian personnel.
(4) Consultation with the office of government ethics.--In
their consideration of persons to be appointed as staff of
the Review Board, the Review Board shall consult with the
Director of the Office of Government Ethics to--
(A) determine criteria for possible conflicts of interest
of staff of the Review Board, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
(B) ensure that no individual appointed to a position as an
employee of the Review Board possesses a conflict of interest
as so determined.
(5) Security clearance.--
(A) In general.--An individual appointed to a position as
an employee of the Review Board shall have the security
clearance necessary to carry out the duties of the position
at the time of appointment.
(B) Expedited provision.--The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual who is a candidate for a position with the
Review Board, seeking security clearances necessary to carry
out the duties of the position, is expeditiously reviewed and
granted or denied.
(c) Compensation.--The Review Board shall fix the
compensation of the Executive Director and other employees of
the Review Board described in subsection (b) without regard
to chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the Executive Director and other employees may not exceed
the rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(d) Advisory Committees.--
[[Page S4829]]
(1) In general.--The Review Board may create 1 or more
advisory committees to assist in fulfilling the
responsibilities of the Review Board under this subtitle.
(2) Applicability of faca.--Any advisory committee created
by the Review Board shall be subject to chapter 10 of title
5, United States Code.
SEC. 1099B. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND
CIVILIAN PERSONNEL RECORDS REVIEW BOARD.
(a) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date on which all
members are sworn in, publish an initial schedule for review
of all missing Armed Forces and civilian personnel records,
which the Archivist shall highlight and make available on a
publicly accessible website administered by the National
Archives; and
(2) not later than 180 days after the swearing in of the
Review Board members, begin reviewing missing Armed Forces
and civilian personnel records, as necessary, under this
subtitle.
(b) Determination of the Review Board.--
(1) In general.--The Review Board shall direct that all
records that relate, directly or indirectly, to the loss,
fate, or status of missing Armed Forces and civilian
personnel be transmitted to the Archivist and disclosed to
the public in the Collection in the absence of clear and
convincing evidence that the record is not a missing Armed
Forces and civilian personnel record.
(2) Postponement.--In approving postponement of public
disclosure of a missing Armed Forces and civilian personnel
record, or information within a missing Armed Forces and
civilian personnel record, the Review Board shall seek to
carry out the following:
(A) Provide for the disclosure of segregable parts,
substitutes, or summaries of the missing Armed Forces and
civilian personnel record.
(B) Determine, in consultation with the originating body
and consistent with the standards for postponement under this
subtitle, which of the following alternative forms of
disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a
missing Armed Forces and civilian personnel record.
(ii) A substitute record for that information which is
postponed.
(iii) A summary of a missing Armed Forces and civilian
personnel record.
(3) Reporting.--With respect to a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which is postponed under this subtitle, or for
which only substitutions or summaries have been disclosed to
the public, the Review Board shall create and transmit to the
Archivist, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives an unclassified and publicly releasable
report containing--
(A) a description of actions by the Review Board, the
originating body, or any Government office (including a
justification of any such action to postpone disclosure of
any record or part of any record) and of any official
proceedings conducted by the Review Board; and
(B) a statement, based on a review of the proceedings and
in conformity with the decisions reflected therein,
designating a recommended specified time at which, or a
specified occurrence following which, the material may be
appropriately disclosed to the public under this subtitle,
which the Review Board shall disclose to the public with
notice thereof, reasonably calculated to make interested
members of the public aware of the existence of the
statement.
(4) Actions after determination.--
(A) In general.--Not later than 30 days after the date of a
determination by the Review Board that a missing Armed Forces
and civilian personnel record shall be publicly disclosed in
the Collection or postponed for disclosure, the Review Board
shall notify the head of the originating body of the
determination and highlight and make available the
determination on a publicly accessible website reasonably
calculated to make interested members of the public aware of
the existence of the determination.
(B) Oversight notice.--Simultaneous with notice under
subparagraph (A), the Review Board shall provide notice of a
determination concerning the public disclosure or
postponement of disclosure of a missing Armed Forces and
civilian personnel record, or information contained within a
missing Armed Forces and civilian personnel record, which
shall include a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards in section
1098 to the President, to the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives.
(5) Referral after termination.--A missing Armed Forces and
civilian personnel record that is identified, located, or
otherwise discovered after the date on which the Review Board
terminates shall be transmitted to the Archivist for the
Collection and referred to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives for review, ongoing oversight and, as
warranted, referral for possible enforcement action relating
to a violation of this subtitle and determination as to
whether declassification of the missing Armed Forces and
civilian personnel is warranted under this subtitle.
(c) Notice to Public.--Every 30 days, beginning on the date
that is 60 days after the date on which the Review Board
first approves the postponement of disclosure of a missing
Armed Forces and civilian personnel record, the Review Board
shall highlight and make accessible on a publicly available
website reasonably calculated to make interested members of
the public aware of the existence of the postponement a
notice that summarizes the postponements approved by the
Review Board, including a description of the subject,
originating body, length or other physical description, and
each ground for postponement that is relied upon.
(d) Reports by the Review Board.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter until the
Review Board terminates, the Review Board shall submit a
report regarding the activities of the Review Board to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Government Reform of the
House of Representatives;
(C) the President;
(D) the Archivist; and
(E) the head of any Government office the records of which
have been the subject of Review Board activity.
(2) Contents.--Each report under paragraph (1) shall
include the following information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
employees.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of missing Armed Forces and
civilian personnel records.
(C) The estimated time and volume of missing Armed Forces
and civilian personnel records involved in the completion of
the duties of the Review Board under this subtitle.
(D) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to carry out its duties under
this subtitle.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized under this subtitle, and a record of the
volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional
legislative authority needs.
(G) An appendix containing copies of reports relating to
postponed records submitted to the Archivist under subsection
(b)(3) since the end of the period covered by the most recent
report under paragraph (1).
(3) Copies and briefs.--Coincident with the reporting
requirements in paragraph (2), or more frequently as
warranted by new information, the Review Board shall provide
copies to, and fully brief, at a minimum, the President, the
Archivist, leadership of Congress, the Chair and Ranking
Members of the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives, and the Chairs, Ranking Members, Vice
Chairs, as the case may be, of such other committees as
leadership of Congress determines appropriate on--
(A) recommendations for periodic review, downgrading, and
declassification, as well as the exact time or specified
occurrence following which specific missing Armed Forces and
civilian material may be appropriately disclosed;
(B) the rationale behind each postponement determination
and the recommended means to achieve disclosure of each
postponed item;
(C) any other findings that the Review Board chooses to
offer; and
(D) an addendum containing copies of reports of postponed
records submitted to the Archivist under subsection (b)(3)
made since the date of the preceding report under this
subsection.
SEC. 1099C. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) In general.--The Review Board may request the Attorney
General to petition any court of the United States or of a
foreign country to release any information relevant to the
loss, fate, or status of missing Armed Forces and civilian
personnel that is held under seal of the court.
(2) Grand jury information.--
(A) In general.--The Review Board may request the Attorney
General to petition any court of the United States to release
any information relevant to loss, fate, or status of missing
Armed Forces and civilian personnel that is held under the
injunction of secrecy of a grand jury.
(B) Treatment.--A request for disclosure of missing Armed
Forces and civilian personnel materials under this subtitle
shall be deemed to constitute a showing of particularized
need under rule 6 of the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of Congress that--
[[Page S4830]]
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
(2) the Secretary of State should--
(A) contact the Governments of the Russian Federation, the
People's Republic of China, and the Democratic People's
Republic of Korea to seek the disclosure of all records in
their respective custody, possession, or control relevant to
the loss, fate, or status of missing Armed Forces and
civilian personnel; and
(B) contact any other foreign government that may hold
information relevant to the loss, fate, or status of missing
Armed Forces and civilian personnel, and seek disclosure of
such information; and
(3) all agencies should cooperate in full with the Review
Board to seek the disclosure of all information relevant to
the loss, fate, or status of missing Armed Forces and
civilian personnel consistent with the public interest.
SEC. 1099D. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this subtitle requires
transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other law
(except section 6103 of the Internal Revenue Code of 1986),
judicial decision construing such law, or common law doctrine
that would otherwise prohibit such transmission or
disclosure, with the exception of deeds governing access to
or transfer or release of gifts and donations of records to
the United States Government.
(b) Freedom of Information Act.--Nothing in this subtitle
shall be construed to eliminate or limit any right to file
requests with any Executive agency or seek judicial review of
the decisions under section 552 of title 5, United States
Code.
(c) Judicial Review.--Nothing in this subtitle shall be
construed to preclude judicial review under chapter 7 of
title 5, United States Code, of final actions taken or
required to be taken under this subtitle.
(d) Existing Authority.--Nothing in this subtitle revokes
or limits the existing authority of the President, any
Executive agency, the Senate, or the House of
Representatives, or any other entity of the Government to
publicly disclose records in its custody, possession, or
control.
(e) Rules of the Senate and House of Representatives.--To
the extent that any provision of this subtitle establishes a
procedure to be followed in the Senate or the House of
Representatives, such provision is adopted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to
be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
SEC. 1099E. REQUESTS FOR EXTENSIONS.
(a) In General.--The head of a Government office required
to comply with a deadline under this subtitle that is based
on the date of establishment of a quorum of the members of
the Review Board under section 1099 may request an extension
from the Review Board for good cause.
(b) Extended Deadline.--If the Review Board agrees to the
request, the deadline applicable to the Government office for
the purpose of such requirement shall be such later date as
the Review Board may determine appropriate.
SEC. 1099F. TERMINATION OF EFFECT.
(a) Provisions Pertaining to the Review Board.--The
provisions of this subtitle that pertain to the appointment
and operation of the Review Board shall cease to be effective
when the Review Board and the terms of its members have
terminated under section 1099(p).
(b) Other Provisions.--The remaining provisions of this
subtitle shall continue in effect until such time as the
Archivist certifies to the President and Congress that all
missing Armed Forces and civilian personnel records have been
made available to the public in accordance with this
subtitle.
SEC. 1099G. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to
carry out this subtitle.
SEC. 1099H. SEVERABILITY.
If any provision of this subtitle, or the application
thereof to any person or circumstance, is held invalid, the
remainder of this subtitle and the application of that
provision to other persons not similarly situated or to other
circumstances shall not be affected by the invalidation.
______
SA 6792. Mr. CRAPO (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Bring Our Heroes Home Act
SECTION 1094. SHORT TITLE.
This subtitle may be cited as the ``Bring Our Heroes Home
Act''.
SEC. 1095. DEFINITIONS.
In this subtitle:
(1) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(2) Collection.--The term ``Collection'' means the Missing
Armed Forces and Civilian Personnel Records Collection
established under section 1096(a).
(3) Executive agency.--The term ``Executive agency''--
(A) means an agency, as defined in section 552(f) of title
5, United States Code;
(B) includes any Executive department, military department,
Government corporation, Government controlled corporation, or
other establishment in the executive branch of the Federal
Government, including the Executive Office of the President,
any branch of the Armed Forces, and any independent
regulatory agency; and
(C) does not include any non-appropriated agency,
department, corporation, or establishment.
(4) Executive director.--The term ``Executive Director''
means the Executive Director of the Review Board.
(5) Government office.--The term ``Government office''
means an Executive agency, the Library of Congress, or the
National Archives.
(6) Missing armed forces and civilian personnel.--The term
``missing Armed Forces and civilian personnel''--
(A) means 1 or more missing persons; and
(B) includes an individual who was a missing person and
whose status was later changed to ``missing and presumed
dead''.
(7) Missing armed forces and civilian personnel record.--
The term ``missing Armed Forces and civilian personnel
record'' means a record that relates, directly or indirectly,
to the loss, fate, or status of missing Armed Forces and
civilian personnel that--
(A) was created or made available for use by, obtained by,
or otherwise came into the custody, possession, or control
of--
(i) any Government office;
(ii) any Presidential library; or
(iii) any of the Armed Forces; and
(B) relates to 1 or more missing Armed Forces and civilian
personnel who became missing persons during the period--
(i) beginning on December 7, 1941; and
(ii) ending on the date of enactment of this Act.
(8) Missing person.--The term ``missing person'' means--
(A) a person described in paragraph (1) of section 1513 of
title 10, United States Code; and
(B) any other civilian employee of the Federal Government
or an employee of a contractor of the Federal Government who
serves in direct support of, or accompanies, the Armed Forces
in the field under orders and who is in a missing status (as
that term is defined in paragraph (2) of such section 1513).
(9) National archives.--The term ``National Archives''--
(A) means the National Archives and Records Administration;
and
(B) includes any component of the National Archives and
Records Administration (including Presidential archival
depositories established under section 2112 of title 44,
United States Code).
(10) Official investigation.--The term ``official
investigation'' means a review, briefing, inquiry, or hearing
relating to missing Armed Forces and civilian personnel
conducted by a Presidential commission, committee of
Congress, or agency, regardless of whether it is conducted
independently, at the request of any Presidential commission
or committee of Congress, or at the request of any official
of the Federal Government.
(11) Originating body.--The term ``originating body'' means
the Government office or other initial source that created a
record or particular information within a record.
(12) Public interest.--The term ``public interest'' means
the compelling interest in the prompt public disclosure of
missing Armed Forces and civilian personnel records for
historical and governmental purposes, for public research,
and for the purpose of fully informing the people of the
United States, most importantly families of missing Armed
Forces and civilian personnel, about the fate of the missing
Armed Forces and civilian personnel and the process by which
the Federal Government has sought to account for them.
(13) Record.--The term ``record'' has the meaning given the
term ``records'' in section 3301 of title 44, United States
Code.
(14) Review board.--The term ``Review Board'' means the
Missing Armed Forces and Civilian Personnel Records Review
Board established under section 1099.
SEC. 1096. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS COLLECTION AT THE NATIONAL ARCHIVES.
(a) Establishment of Collection.--Not later than 90 days
after a quorum of the Missing Armed Forces and Civilian
Personnel Records Review Board has been established under
section 1099, the Archivist shall--
(1) commence establishment of a collection of records to be
known as the ``Missing Armed Forces and Civilian Personnel
Records Collection'';
[[Page S4831]]
(2) commence preparing the subject guidebook and index to
the Collection; and
(3) establish criteria and acceptable formats for Executive
agencies to follow when transmitting copies of missing Armed
Forces and civilian personnel records to the Archivist, to
include required metadata, including applicable information
privacy safeguards.
(b) Regulations.--Not later than 90 days after the date of
the swearing in of the Review Board members, the Review Board
shall promulgate rules to establish guidelines and processes
for the disclosure of records contained in the Collection,
including applicable information privacy safeguards.
(c) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
jurisdiction, including legislative oversight jurisdiction,
in the Senate with respect to the Collection.
(2) House of representatives.--The Committee on Oversight
and Government Reform of the House of Representatives shall
have continuing jurisdiction, including legislative oversight
jurisdiction, in the House of Representatives with respect to
the Collection.
SEC. 1097. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS BY GOVERNMENT OFFICES.
(a) In General.--
(1) Preparation.--As soon as practicable after the date of
enactment of this Act, and sufficiently in advance of the
deadlines established under this subtitle, each Government
office shall--
(A) identify and locate any missing Armed Forces and
civilian personnel records in the custody, possession, or
control of the Government office, including intelligence
reports, congressional inquiries, memoranda to or from the
White House and other Federal departments and agencies,
Prisoner of War (POW) debriefings, live sighting reports,
documents relating to POW camps, movement of POWs,
exploitation of POWs, experimentation on POWs, or status
changes from Missing in Action (MIA) to Killed in Action
(KIA); and
(B) prepare for transmission to the Archivist in accordance
with the criteria and acceptable formats established by the
Archivist a copy of any missing Armed Forces and civilian
personnel records that have not previously been transmitted
to the Archivist by the Government office.
(2) Certification.--Each Government office shall submit to
the Archivist, under penalty of perjury, a certification
indicating--
(A) whether the Government office has conducted a thorough
search for all missing Armed Forces and civilian personnel
records in the custody, possession, or control of the
Government office; and
(B) whether a copy of any missing Armed Forces and civilian
personnel record has not been transmitted to the Archivist.
(3) Preservation.--No missing Armed Forces and civilian
personnel record shall be destroyed, altered, or mutilated in
any way.
(4) Effect of previous disclosure.--Information that was
made available or disclosed to the public before the date of
enactment of this Act in a missing Armed Forces and civilian
personnel record may not be withheld, redacted, postponed for
public disclosure, or reclassified.
(5) Withheld and substantially redacted records.--
(A) In general.--For any missing Armed Forces and civilian
personnel record that is transmitted to the Archivist which a
Government office proposes to substantially redact or
withhold in full from public access, the head of the
Government office shall submit an unclassified and publicly
releasable report to the Archivist, the Review Board, and
each appropriate committee of the Senate and the House of
Representatives justifying the decision of the Government
office to substantially redact or withhold the record by
demonstrating that the release of information would clearly
and demonstrably be expected to cause an articulated harm,
and that the harm would be of such gravity as to outweigh the
public interest in access to the information.
(B) Rulemaking.--The Archivist shall promulgate regulations
to define the term ``substantially redacted record'' for
purposes of subparagraph (A).
(b) Review.--
(1) In general.--Except as provided under paragraph (5),
not later than 270 days after a quorum of the Review Board
has been established under section 1099, each Government
office shall, in accordance with the criteria and acceptable
formats established by the Archivist--
(A) identify, locate, copy, and review each missing Armed
Forces and civilian personnel record in the custody,
possession, or control of the Government office for
transmission to the Archivist and disclosure to the public
or, if needed, review by the Review Board; and
(B) cooperate fully, in consultation with the Archivist, in
carrying out paragraph (3).
(2) Requirement.--The Review Board shall promulgate rules
for the disclosure of relevant records by Government offices
under paragraph (1).
(3) National archives records.--Not later than 270 days
after a quorum of the Review Board has been established under
section 1099, the Archivist shall--
(A) locate and identify all missing Armed Forces and
civilian personnel records in the custody of the National
Archives as of the date of enactment of this Act that remain
classified, in whole or in part;
(B) notify a Government office if the Archivist locates and
identifies a record of the Government office under
subparagraph (A); and
(C) make each classified missing Armed Forces and civilian
personnel record located and identified under subparagraph
(A) available for review by Executive agencies through the
National Declassification Center established under Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or any successor order.
(4) Records already public.--A missing Armed Forces and
civilian personnel record that is in the custody of the
National Archives on the date of enactment of this Act and
that has been publicly available in its entirety without
redaction shall be made available in the Collection without
any additional review by the Archivist, the Review Board, or
any other Government office under this subtitle.
(5) Exemptions.--
(A) Department of defense pow/mia accounting agency.--The
Defense POW/MIA Accounting Agency is exempt from the
requirement under this subsection to declassify and transmit
to the Archivist documents in its custody or control that
pertain to a specific case or cases that the Defense POW/MIA
Accounting Agency is actively investigating or developing for
the purpose of locating, disinterring, or identifying a
missing member of the Armed Forces.
(B) Department of defense military service casualty offices
and department of state service casualty offices.--The
Department of Defense Military Service Casualty Offices and
the Department of State Service Casualty Offices are exempt
from the requirement to declassify and transmit to the
Archivist documents in their custody or control that pertain
to individual cases with respect to which the office is
lending support and assistance to the families of missing
individuals.
(c) Transmission to the National Archives.--Each Government
office shall--
(1) not later than 270 days after a quorum of the Review
Board has been established under section 1099, commence
transmission to the Archivist of copies of the missing Armed
Forces and civilian personnel records in the custody,
possession, or control of the Government office, except for
records described in subsection (a)(5); and
(2) not later than 1 year after a quorum of the Review
Board has been established under section 1099, complete
transmission to the Archivist of copies of all missing Armed
Forces and civilian personnel records in the possession or
control of the Government office.
(d) Periodic Review of Postponed Missing Armed Forces and
Civilian Personnel Records.--
(1) In general.--All missing Armed Forces and civilian
personnel records, or information within a missing Armed
Forces and civilian personnel record, the public disclosure
of which has been postponed under the standards under this
subtitle shall be reviewed by the originating body--
(A)(i) periodically, but not less than every 5 years, after
the date on which the Review Board terminates under section
1099(p); and
(ii) at the direction of the Archivist; and
(B) consistent with the recommendations of the Review Board
under section 1099B(b)(3)(B).
(2) Contents.--
(A) In general.--A periodic review of a missing Armed
Forces and civilian personnel record, or information within a
missing Armed Forces and civilian personnel record, by the
originating body shall address the public disclosure of the
missing Armed Forces and civilian personnel record under the
standards under this subtitle.
(B) Continued postponement.--If an originating body
conducting a periodic review of a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which has been postponed under the standards
under this subtitle, determines that continued postponement
is required, the originating body shall provide to the
Archivist an unclassified written description of the reason
for the continued postponement that the Archivist shall
highlight and make accessible on a publicly accessible
website administered by the National Archives.
(C) Scope.--The periodic review of postponed missing Armed
Forces and civilian personnel records, or information within
a missing Armed Forces and civilian personnel record, shall
provide expeditious public disclosure of missing Armed Forces
and civilian personnel records, to the fullest extent
possible, subject only to the grounds for postponement of
disclosure under section 1098.
(D) Disclosure absent certification by president.--Not
later than 10 years after the date on which a quorum of the
Review Board has been established under section 1099, all
missing Armed Forces and civilian personnel records, and
information within a missing Armed Forces and civilian
personnel record, shall be publicly disclosed in full, and
available in the Collection, unless--
(i) the head of the originating body, Executive agency, or
other Government office recommends in writing that continued
postponement is necessary;
(ii) the written recommendation described in clause (i)--
(I) is provided to the Archivist in unclassified and
publicly releasable form not later
[[Page S4832]]
than 180 days before the date that is 10 years the date on
which a quorum of the Review Board has been established under
section 1099; and
(II) includes--
(aa) a justification of the recommendation to postpone
disclosure with clear and convincing evidence that the
identifiable harm is of such gravity that it outweighs the
public interest in disclosure; and
(bb) a recommended specified time at which or a specified
occurrence following which the material may be appropriately
disclosed to the public under this subtitle;
(iii) the Archivist transmits all recommended postponements
and the recommendation of the Archivist to the President not
later than 90 days before the date that is 10 years after the
date on which a quorum of the Review Board has been
established under section 1099; and
(iv) the President transmits to the Archivist a
certification indicating that continued postponement is
necessary and the identifiable harm, as demonstrated by clear
and convincing evidence, is of such gravity that it outweighs
the public interest in disclosure not later than the date
that is 10 years after the date on which a quorum of the
Review Board has been established under section 1099.
(e) Records Management.--In carrying out this section, the
Archivist shall comply with any applicable statutory or
regulatory requirement related to records management.
SEC. 1098. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
RECORDS.
(a) In General.--Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created after the date that is 25 years before the
date of the review of the missing Armed Forces and civilian
personnel record by the Archivist may be postponed subject to
the limitations under this subtitle only--
(1) if--
(A) it pertains to--
(i) military plans, weapons systems, or operations;
(ii) foreign government information;
(iii) intelligence activities (including covert action),
intelligence sources or methods, or cryptology;
(iv) foreign relations or foreign activities of the United
States, including confidential sources;
(v) scientific, technological, or economic matters relating
to the national security;
(vi) United States Government programs for safeguarding
nuclear materials or facilities;
(vii) vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or
protection services relating to the national security; or
(viii) the development, production, or use of weapons of
mass destruction; and
(B) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure;
(2) if the information is protected from disclosure under
section 552(b) of title 5, United States Code (commonly known
as the ``Freedom of Information Act''); or
(3) if it reveals information described in paragraphs (1)
through (9) of section 3.3(b) of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information).
(b) Older Records.--Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created on or before the date that is 25 years before
the date of the review of the missing Armed Forces and
civilian personnel record by the Archivist may be postponed
subject to the limitations under this subtitle only if, as
demonstrated by clear and convincing evidence--
(1) the release of the information would be expected to--
(A) reveal the identity of a confidential human source, a
human intelligence source, a relationship with an
intelligence or security service of a foreign government or
international organization, or a nonhuman intelligence
source, or impair the effectiveness of an intelligence method
currently in use, available for use, or under development;
(B) reveal information that would impair United States
cryptologic systems or activities;
(C) reveal formally named or numbered United States
military war plans that remain in effect, or reveal
operational or tactical elements of prior plans that are
contained in such active plans; or
(D) reveal information, including foreign government
information, that would cause serious harm to relations
between the United States and a foreign government, or to
ongoing diplomatic activities of the United States; and
(2) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure.
(c) Exception.--Regardless of the date on which a missing
Armed Forces and civilian personnel record was created,
disclosure to the public of information in the missing Armed
Forces and civilian personnel record may be postponed if--
(1) the public disclosure of the information would reveal
the name or identity of a living person who provided
confidential information to the United States and would pose
a substantial risk of harm to that person, in accordance with
section 552(b)(7)(D) of title 5, United States Code;
(2) the public disclosure of the information could
reasonably be expected to constitute an unwarranted invasion
of personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest;
(3) the public disclosure of the information could
reasonably be expected to cause harm to the methods currently
in use or available for use by members of the Armed Forces to
survive, evade, resist, or escape; or
(4) the public disclosure of such information would
conflict with United States law, regulations, or executive
orders, including any law, regulation, or executive order
governing the disclosure of classified information.
SEC. 1099. ESTABLISHMENT AND POWERS OF THE MISSING ARMED
FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW
BOARD.
(a) Establishment.--There is established as an independent
establishment in the executive branch a board to be known as
the ``Missing Armed Forces and Civilian Personnel Records
Review Board'' to ensure and facilitate the review,
transmission to the Archivist, and public disclosure of
missing Armed Forces and civilian personnel records.
(b) Membership.--
(1) Appointments.--The Review Board shall be composed of 5
members appointed by the President, subject to the advice and
consent of the Senate, of whom--
(A) 1 shall be appointed in consultation with the Archivist
of the United States and shall serve as the Chairperson of
the Review Board;
(B) 1 shall be appointed in consultation with the majority
leader of the Senate;
(C) 1 shall be appointed in consultation with the minority
leader of the Senate;
(D) 1 shall be appointed in consultation with the Speaker
of the House of Representatives; and
(E) 1 shall be appointed in consultation with the minority
leader of the House of Representatives.
(2) Qualifications.--The members of the Review Board
shall--
(A) be appointed without regard to political affiliation;
(B) be citizens of the United States of integrity and
impartiality;
(C) not be employees of an Executive agency on the date of
the appointment;
(D) have high national professional reputation in their
fields and be capable of exercising the independent and
objective judgment necessary to the fulfillment of their role
in ensuring and facilitating the identification, location,
review, transmission to the Archivist, and public disclosure
of missing Armed Forces and civilian personnel records;
(E) possess an appreciation of the value of missing Armed
Forces and civilian personnel records to scholars, the
Federal Government, and the public, particularly families of
missing Armed Forces and civilian personnel;
(F) include at least 1 professional historian; and
(G) include at least 1 attorney.
(3) Consultation with the office of government ethics.--In
considering persons to be appointed to the Review Board, the
President shall consult with the Director of the Office of
Government Ethics to--
(A) determine criteria for possible conflicts of interest
of members of the Review Board, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of
member of the Review Board possesses a conflict of interest
as so determined.
(4) Consultation.--Appointments to the Review Board shall
be made after considering individuals recommended by the
American Historical Association, the Organization of American
Historians, the Society of American Archivists, the American
Bar Association, veterans' organizations, and organizations
representing families of missing Armed Forces and civilian
personnel.
(c) Security Clearances.--
(1) In general.--Each member of the Review Board shall seek
appropriate security clearances necessary to carry out the
duties of the Review Board.
(2) Review.--The appropriate departments, agencies, and
elements of the executive branch of the Federal Government
shall cooperate to ensure that an application by an
individual nominated to be a member of the Review Board
seeking a security clearance under paragraph (1) is
expeditiously reviewed and granted or denied.
(d) Consideration by the Senate.--Nominations for
appointment under subsection (b)(1) shall be referred to the
Committee on Homeland Security and Governmental Affairs of
the Senate for consideration.
(e) Vacancy.--Not later than 60 days after the date on
which a vacancy on the Review Board occurs, the vacancy shall
be filled in the same manner as specified for original
appointment.
(f) Chairperson Needed for Quorum.--A majority of the
members of the Review Board, including the Chairperson
appointed and confirmed pursuant to subsection (b)(1)(A),
shall constitute a quorum.
(g) Removal of Review Board Member.--
(1) In general.--A member of the Review Board shall not be
removed from office, other than--
(A) by impeachment by Congress; or
[[Page S4833]]
(B) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
(2) Judicial review.--
(A) In general.--A member of the Review Board removed from
office may obtain judicial review of the removal in a civil
action commenced in the United States District Court for the
District of Columbia.
(B) Relief.--The member may be reinstated or granted other
appropriate relief by order of the court.
(3) Notice of removal.--If a member of the Review Board is
removed from office, and that removal is by the President,
not later than 10 days after the removal, the President shall
submit to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives a report specifying the facts found and the
grounds for the removal.
(h) Compensation of Members.--
(1) Basic pay.--A member of the Review Board shall be
treated as an employee of the executive branch and
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day, including travel time, during
which the member is engaged in the performance of the duties
of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in
lieu of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Review Board.
(i) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render
a decision on a determination by a Government office to seek
to postpone the disclosure of a missing Armed Forces and
civilian personnel record, in whole or in part.
(2) Records.--In carrying out paragraph (1), the Review
Board shall consider and render a decision regarding--
(A) whether a record constitutes a missing Armed Forces and
civilian personnel record; and
(B) whether a missing Armed Forces and civilian personnel
record, or particular information in a missing Armed Forces
and civilian personnel record, qualifies for postponement of
disclosure under this subtitle.
(j) Powers.--
(1) In general.--The Review Board shall have the authority
to act in a manner prescribed under this subtitle, including
the authority to--
(A) direct Government offices to transmit to the Archivist
missing Armed Forces and civilian personnel records as
required under this subtitle;
(B) direct Government offices to transmit to the Archivist
substitutes and summaries of missing Armed Forces and
civilian personnel records that can be publicly disclosed to
the fullest extent for any missing Armed Forces and civilian
personnel record that is proposed for postponement in full or
that is substantially redacted;
(C) obtain access to missing Armed Forces and civilian
personnel records that have been identified by a Government
office;
(D) direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony
from individuals, which the Review Board has reason to
believe is required to fulfill the functions and
responsibilities of the Review Board under this subtitle;
(E) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths, and subpoena documents as the Review
Board considers advisable to carry out the responsibilities
of the Review Board under this subtitle;
(F) subpoena private persons to compel the production of
documents and other records relevant to the responsibilities
of the Review Board under this subtitle;
(G) require any Government office to account in writing for
the destruction of any records relating to the loss, fate, or
status of missing Armed Forces and civilian personnel;
(H) receive information from the public regarding the
identification and public disclosure of missing Armed Forces
and civilian personnel records; and
(I) make a final determination regarding whether a missing
Armed Forces and civilian personnel record will be disclosed
to the public or disclosure of the missing Armed Forces and
civilian personnel record to the public will be postponed,
notwithstanding the determination of an Executive agency.
(2) Enforcement of subpoenas.--Any subpoena issued under
the Review Board under this subsection may be enforced by any
appropriate Federal court acting pursuant to a lawful request
of the Review Board.
(k) Presidential Authority Over Review Board
Determination.--
(1) Public disclosure or postponement of disclosure.--After
the Review Board has made a formal determination concerning
the public disclosure or postponement of disclosure of an
missing Armed Forces and civilian personnel record or
information contained in a missing Armed Forces and civilian
personnel record, obtained or developed solely within the
executive branch, the President--
(A) shall have the sole and nondelegable authority to
require the disclosure or postponement of such record or
information under the standards set forth in sections 1097
and 1098; and
(B) shall provide the Review Board with an unclassified
written certification specifying the President's decision
within 30 days after the Review Board's determination and
notice to the executive agency as required under this
subtitle, stating the justification for the President's
decision, including the applicable grounds for postponement
under section 1098.
(2) Periodic review.--Any missing Armed Forces and civilian
personnel record for which public disclosure is postponed by
the President shall be subject to the requirements of
periodic review and declassification of classified
information and public disclosure in the Collection set forth
in section 1097.
(3) Record of presidential postponement.--The Review Board
shall, upon its receipt, publish in the Federal Register a
copy of any unclassified written certification, statement, or
other materials transmitted by or on behalf of the President
with regard to postponement of the public disclosure of
missing Armed Forces and civilian personnel records under
section 1098.
(l) Witness Immunity.--The Review Board shall be considered
to be an agency of the United States for purposes of section
6001 of title 18, United States Code.
(m) Oversight.--
(1) In general.--The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives shall--
(A) have continuing legislative oversight jurisdiction with
respect to the official conduct of the Review Board and the
disposition of postponed records after termination of the
Review Board; and
(B) not later than 10 days after submitting a request, be
provided access to any records held or created by the Review
Board.
(2) Duty of review board.--The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
under paragraph (1).
(3) Security clearances.--The Chair and Ranking Members of
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives, and designated
Committee staff, shall be granted all security clearances and
accesses held by the Review Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
(n) Support Services.--The Administrator of General
Services shall provide administrative services for the Review
Board on a reimbursable basis.
(o) Interpretive Regulations.--The Review Board may issue
interpretive regulations if the Review Board finds such
regulation to be necessary and appropriate.
(p) Termination and Winding Up.--
(1) In general.--On the date that is 2 years after the date
of enactment of this Act, the Review Board shall, by majority
vote, determine whether all Government offices have complied
with the obligations, mandates, and directives under this
subtitle.
(2) Termination date.--The Review Board shall terminate on
the date that is 4 years after the date on which members of
the Review Board are sworn in to the Review Board.
(3) Report.--Before the termination of the Review Board
under paragraph (2), the Review Board shall submit to
Congress reports, including a complete and accurate
accounting of expenditures during its existence, and shall
complete all other reporting requirements under this
subtitle.
(4) Records.--Upon termination of the Review Board, the
Review Board shall transfer all records of the Review Board
to the Archivist for inclusion in the Collection, and no
record of the Review Board shall be destroyed.
SEC. 1099A. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS REVIEW BOARD PERSONNEL.
(a) Executive Director.--
(1) In general.--Not later than 45 days after the initial
meeting of the Review Board, the Review Board shall appoint
an individual to the position of Executive Director.
(2) Qualifications.--The individual appointed as Executive
Director--
(A) shall be a citizen of the United States of integrity
and impartiality;
(B) shall be appointed without regard to political
affiliation; and
(C) shall not have any conflict of interest with the
mission of the Review Board.
(3) Consultation with the office of government ethics.--In
their consideration of the person to be appointed to the
position of Executive Director, the Review Board shall
consult with the Director of the Office of Government Ethics
to--
(A) determine criteria for possible conflicts of interest
of the Executive Director, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of
Executive Director possesses a conflict of interest as so
determined.
(4) Security clearance.--
[[Page S4834]]
(A) In general.--The individual appointed as Executive
Director shall have the security clearance necessary to carry
out the duties of the position at the time of appointment.
(B) Expedited provision.--The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual nominated to be Executive Director, seeking
security clearances necessary to carry out the duties of the
Executive Director, is expeditiously reviewed and granted or
denied.
(5) Duties.--The Executive Director shall--
(A) serve as principal liaison to Government offices;
(B) be responsible for the administration and coordination
of the review of records by the Review Board;
(C) be responsible for the administration of all official
activities conducted by the Review Board; and
(D) not have the authority to decide or determine whether
any record should be disclosed to the public or postponed for
disclosure.
(6) Removal.--The Executive Director may be removed by a
majority vote of the Review Board.
(b) Staff.--
(1) In general.--The Review Board may, in accordance with
the civil service laws, but without regard to civil service
law and regulation for competitive service as defined in
subchapter I of chapter 33 of title 5, United States Code,
appoint and terminate additional employees as are necessary
to enable the Review Board and the Executive Director to
perform their duties under this subtitle.
(2) Treatment as employees of executive branch.--The
Executive Director and other employees of the Review Board
shall be treated as employees of the executive branch.
(3) Qualifications.--An individual appointed to a position
as an employee of the Review Board--
(A) shall be a citizen of the United States of integrity
and impartiality; and
(B) shall not have had any previous involvement with any
official investigation or inquiry relating to the loss, fate,
or status of missing Armed Forces and civilian personnel.
(4) Consultation with the office of government ethics.--In
their consideration of persons to be appointed as staff of
the Review Board, the Review Board shall consult with the
Director of the Office of Government Ethics to--
(A) determine criteria for possible conflicts of interest
of staff of the Review Board, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of
staff of the Review Board possesses a conflict of interest as
so determined.
(5) Security clearance.--
(A) In general.--An individual appointed as an employee of
the Review Board shall have the security clearance necessary
to carry out the duties of the position at the time of
appointment.
(B) Expedited provision.--The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual who is a candidate for a position with the
Review Board, seeking security clearances necessary to carry
out the duties of the position, is expeditiously reviewed and
granted or denied.
(c) Compensation.--The Review Board shall fix the
compensation of the Executive Director and other employees of
the Review Board described in subsection (b) without regard
to chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the Executive Director and other employees may not exceed
the rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(d) Advisory Committees.--
(1) In general.--The Review Board may create 1 or more
advisory committees to assist in fulfilling the
responsibilities of the Review Board under this subtitle.
(2) Applicability of faca.--Any advisory committee created
by the Review Board shall be subject to chapter 10 of title
5, United States Code.
SEC. 1099B. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND
CIVILIAN PERSONNEL RECORDS REVIEW BOARD.
(a) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date on which all
members are sworn in, publish an initial schedule for review
of all missing Armed Forces and civilian personnel records,
which the Archivist shall highlight and make available on a
publicly accessible website administered by the National
Archives; and
(2) not later than 180 days after the swearing in of the
Review Board members, begin reviewing missing Armed Forces
and civilian personnel records, as necessary, under this
subtitle.
(b) Determination of the Review Board.--
(1) In general.--The Review Board shall direct that all
records that relate, directly or indirectly, to the loss,
fate, or status of missing Armed Forces and civilian
personnel be transmitted to the Archivist and disclosed to
the public in the Collection in the absence of clear and
convincing evidence that the record is not a missing Armed
Forces and civilian personnel record.
(2) Postponement.--In approving postponement of public
disclosure of a missing Armed Forces and civilian personnel
record, or information within a missing Armed Forces and
civilian personnel record, the Review Board shall seek to
carry out the following:
(A) Provide for the disclosure of segregable parts,
substitutes, or summaries of the missing Armed Forces and
civilian personnel record.
(B) Determine, in consultation with the originating body
and consistent with the standards for postponement under this
subtitle, which of the following alternative forms of
disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a
missing Armed Forces and civilian personnel record.
(ii) A substitute record for that information which is
postponed.
(iii) A summary of a missing Armed Forces and civilian
personnel record.
(3) Reporting.--With respect to a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which is postponed under this subtitle, or for
which only substitutions or summaries have been disclosed to
the public, the Review Board shall create and transmit to the
Archivist, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives an unclassified and publicly releasable
report containing--
(A) a description of actions by the Review Board, the
originating body, or any Government office (including a
justification of any such action to postpone disclosure of
any record or part of any record) and of any official
proceedings conducted by the Review Board; and
(B) a statement, based on a review of the proceedings and
in conformity with the decisions reflected therein,
designating a recommended specified time at which, or a
specified occurrence following which, the material may be
appropriately disclosed to the public under this subtitle,
which the Review Board shall disclose to the public with
notice thereof, reasonably calculated to make interested
members of the public aware of the existence of the
statement.
(4) Actions after determination.--
(A) In general.--Not later than 30 days after the date of a
determination by the Review Board that a missing Armed Forces
and civilian personnel record shall be publicly disclosed in
the Collection or postponed for disclosure, the Review Board
shall notify the head of the originating body of the
determination and highlight and make available the
determination on a publicly accessible website reasonably
calculated to make interested members of the public aware of
the existence of the determination.
(B) Oversight notice.--Simultaneous with notice under
subparagraph (A), the Review Board shall provide notice of a
determination concerning the public disclosure or
postponement of disclosure of a missing Armed Forces and
civilian personnel record, or information contained within a
missing Armed Forces and civilian personnel record, which
shall include a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards in section
1098 to the President, to the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives.
(5) Referral after termination.--A missing Armed Forces and
civilian personnel record that is identified, located, or
otherwise discovered after the date on which the Review Board
terminates shall be transmitted to the Archivist for the
Collection and referred to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives for review, ongoing oversight and, as
warranted, referral for possible enforcement action relating
to a violation of this subtitle and determination as to
whether declassification of the missing Armed Forces and
civilian personnel is warranted under this subtitle.
(c) Notice to Public.--Every 30 days, beginning on the date
that is 60 days after the date on which the Review Board
first approves the postponement of disclosure of a missing
Armed Forces and civilian personnel record, the Review Board
shall highlight and make accessible on a publicly available
website reasonably calculated to make interested members of
the public aware of the existence of the postponement a
notice that summarizes the postponements approved by the
Review Board, including a description of the subject,
originating body, length or other physical description, and
each ground for postponement that is relied upon.
(d) Reports by the Review Board.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter until the
Review Board terminates, the Review Board shall submit a
report regarding the activities of the Review Board to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Government Reform of the
House of Representatives;
(C) the President;
[[Page S4835]]
(D) the Archivist; and
(E) the head of any Government office the records of which
have been the subject of Review Board activity.
(2) Contents.--Each report under paragraph (1) shall
include the following information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
employees.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of missing Armed Forces and
civilian personnel records.
(C) The estimated time and volume of missing Armed Forces
and civilian personnel records involved in the completion of
the duties of the Review Board under this subtitle.
(D) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to carry out its duties under
this subtitle.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized under this subtitle, and a record of the
volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional
legislative authority needs.
(G) An appendix containing copies of reports relating to
postponed records submitted to the Archivist under subsection
(b)(3) since the end of the period covered by the most recent
report under paragraph (1).
(3) Copies and briefs.--Coincident with the reporting
requirements in paragraph (2), or more frequently as
warranted by new information, the Review Board shall provide
copies to, and fully brief, at a minimum, the President, the
Archivist, leadership of Congress, the Chair and Ranking
Members of the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives, and the Chairs, Ranking Members, Vice
Chairs, as the case may be, of such other committees as
leadership of Congress determines appropriate on--
(A) recommendations for periodic review, downgrading, and
declassification, as well as the exact time or specified
occurrence following which specific missing Armed Forces and
civilian material may be appropriately disclosed;
(B) the rationale behind each postponement determination
and the recommended means to achieve disclosure of each
postponed item;
(C) any other findings that the Review Board chooses to
offer; and
(D) an addendum containing copies of reports of postponed
records to the Archivist required under subsection (b)(3)
made since the date of the preceding report under this
subsection.
(4) Termination notice.--Not later than 90 days before the
Review Board expects to complete the work of the Review Board
under this subtitle, the Review Board shall provide written
notice to Congress of the intent of the Review Board to
terminate operations at a specified date.
SEC. 1099C. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) In general.--The Review Board may request the Attorney
General to petition any court of the United States or of a
foreign country to release any information relevant to the
loss, fate, or status of missing Armed Forces and civilian
personnel that is held under seal of the court.
(2) Grand jury information.--
(A) In general.--The Review Board may request the Attorney
General to petition any court of the United States to release
any information relevant to loss, fate, or status of missing
Armed Forces and civilian personnel that is held under the
injunction of secrecy of a grand jury.
(B) Treatment.--A request for disclosure of missing Armed
Forces and civilian personnel materials under this subtitle
shall be deemed to constitute a showing of particularized
need under rule 6 of the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
(2) the Secretary of State should--
(A) contact the Governments of the Russian Federation, the
People's Republic of China, and the Democratic People's
Republic of Korea to seek the disclosure of all records in
their respective custody, possession, or control relevant to
the loss, fate, or status of missing Armed Forces and
civilian personnel; and
(B) contact any other foreign government that may hold
information relevant to the loss, fate, or status of missing
Armed Forces and civilian personnel, and seek disclosure of
such information; and
(3) all agencies should cooperate in full with the Review
Board to seek the disclosure of all information relevant to
the loss, fate, or status of missing Armed Forces and
civilian personnel consistent with the public interest.
SEC. 1099D. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this subtitle requires
transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other law
(except section 6103 of the Internal Revenue Code of 1986),
judicial decision construing such law, or common law doctrine
that would otherwise prohibit such transmission or
disclosure, with the exception of deeds governing access to
or transfer or release of gifts and donations of records to
the United States Government.
(b) Freedom of Information Act.--Nothing in this subtitle
shall be construed to eliminate or limit any right to file
requests with any Executive agency or seek judicial review of
the decisions under section 552 of title 5, United States
Code.
(c) Judicial Review.--Nothing in this subtitle shall be
construed to preclude judicial review under chapter 7 of
title 5, United States Code, of final actions taken or
required to be taken under this subtitle.
(d) Existing Authority.--Nothing in this subtitle revokes
or limits the existing authority of the President, any
Executive agency, the Senate, or the House of
Representatives, or any other entity of the Government to
publicly disclose records in its custody, possession, or
control.
(e) Rules of the Senate and House of Representatives.--To
the extent that any provision of this subtitle establishes a
procedure to be followed in the Senate or the House of
Representatives, such provision is adopted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to
be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
SEC. 1099E. REQUESTS FOR EXTENSIONS.
(a) In General.--The head of a Government office required
to comply with a deadline under this subtitle that is based
on the date of establishment of a quorum of the members of
the Review Board under section 1099 may request an extension
from the Review Board for good cause.
(b) Extended Deadline.--If the Review Board agrees to the
request, the deadline applicable to the Government office for
the purpose of such requirement shall be such later date as
the Review Board may determine appropriate.
SEC. 1099F. TERMINATION OF EFFECT OF ACT.
(a) Provisions Pertaining to the Review Board.--The
provisions of this subtitle that pertain to the appointment
and operation of the Review Board shall cease to be effective
when the Review Board and the terms of its members have
terminated under section 1099(p).
(b) Other Provisions.--The remaining provisions of this
subtitle shall continue in effect until such time as the
Archivist certifies to the President and Congress that all
missing Armed Forces and civilian personnel records have been
made available to the public in accordance with this
subtitle.
SEC. 1099G. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to
carry out this subtitle.
SEC. 1099H. SEVERABILITY.
If any provision of this subtitle, or the application
thereof to any person or circumstance, is held invalid, the
remainder of this subtitle and the application of that
provision to other persons not similarly situated or to other
circumstances shall not be affected by the invalidation.
______
SA 6793. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the 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 was ordered to lie on the table; as follows:
In section 119, strike subsection (c) and insert the
following:
(c) Relief.--In a civil action brought under subsection (a)
in which the plaintiff prevails, the court shall award the
plaintiff--
(1) threefold the damages sustained by the plaintiff;
(2) the costs to the plaintiff of bringing the civil
action, including a reasonable attorney's fee; and
(3) any other relief, including equitable relief or
declaratory relief, that the court determines appropriate.
______
SA 6794. Mr. MURPHY (for himself and Mr. Booker) submitted an
amendment intended to be proposed by him to the 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 was ordered to
lie on the table; as follows:
Strike section 107(b) and insert the following:
(b) Mandatory Independent Investigation of Sexual Assault,
Abuse, and Misconduct.--
(1) In general.--Each institution, conference, and
intercollegiate athletic association shall--
[[Page S4836]]
(A) establish, maintain, and enforce written policies
requiring that any report or allegation of sexual assault,
sexual misconduct, sexual harassment, or physical abuse
involving a student athlete be referred within 24 hours of
receipt to--
(i) an independent investigator who is not employed by, and
has no financial relationship with, the institution,
conference, or intercollegiate athletic association against
which the report is made; and
(ii) the appropriate local law enforcement agency, unless
the student athlete who is the subject of the alleged harm
affirmatively declines such referral in writing after being
informed of the referral requirement;
(B) not permit any coach, athletic director, or employee of
the athletic department of an institution to participate in,
influence, or be notified of the specific factual findings of
any investigation described in subparagraph (A) prior to
completion of the investigation;
(C) provide to any student athlete who reports sexual
assault, sexual misconduct, sexual harassment, or physical
abuse, at no cost--
(i) an independent, confidential victim advocate not
employed by the athletic department or Title IX office of the
relevant institution;
(ii) access to a sexual assault forensic examination,
including any forensic evidence collection kit; and
(iii) written notification of rights under applicable
Federal and State law, including the right to file a civil
action; and
(D) retain records of all reports, referrals,
investigations, and outcomes under this paragraph for not
less than 10 years and make such records available to the
Office of the Student Athlete Ombudsman established under
section 108 upon request.
(2) Retaliation prohibited.--No institution, conference,
intercollegiate athletic association, or agent thereof may
take any adverse action against a student athlete who makes a
report under paragraph (1).
(3) Rule of construction.--Nothing in this subsection shall
be construed to limit the obligation of any institution to
comply with title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) or any applicable State law governing
reporting of sexual assault or physical abuse.
______
SA 6795. Mr. MURPHY (for himself and Mr. Booker) submitted an
amendment intended to be proposed by him to the 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 was ordered to
lie on the table; as follows:
Insert after section 112 the following:
SEC. 113. TRANSFER PROTECTIONS FOR COACHES.
An institution, a conference, an intercollegiate athletic
association, or any representative of such entity shall
permit a coach to transfer from one four-year institution to
another four-year institution--
(1) once without losing or delaying eligibility to coach
intercollegiate sports;
(2) except as provided in paragraph (3), a second time with
a loss of eligibility to coach intercollegiate sports during
the first academic year following the transfer; and
(3) additionally, without losing or delaying eligibility to
coach intercollegiate sports, upon--
(A) discontinuation of a sport that the individual coaches;
or
(B) sexual assault or harassment of the coach by an
individual associated with the institution at which the
individual coaches.
____________________