1. Short title; table of contents 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 competitionSec. 100. Definitions.Sec. 101. Name, image, and likeness protections.Sec. 102. Modifications to Sports Agent Responsibility and Trust Act.Sec. 103. Agent registry requirements for intercollegiate athletic associations.Sec. 104. Disclosures and establishment of name, image, and likeness agreement database.Sec. 105. Academic protections.Sec. 106. Medical coverage requirements.Sec. 107. Health, wellness, and safety standards.Sec. 108. Office of the Student Athlete Ombudsman.Sec. 109. Comparable standards for access to facilities, services, and events.Sec. 110. Rules governing certain mid-season coaching transitions.Sec. 111. Student athlete representation on intercollegiate athletic association governing boards.Sec. 112. Transfer protections.Sec. 113. Eligibility to participate in intercollegiate sports.Sec. 114. Prohibited compensation and agreements.Sec. 115. Congressional approval of continuation of revenue share cap and retention fund.Sec. 116. Commission on the Future of College Athletics.Sec. 117. Recruitment and tampering.Sec. 118. Limitation on liability.Sec. 119. Private right of action.Sec. 120. Whistleblower protection.Sec. 121. Relationship to existing law.Sec. 122. Neutrality on employee or non-employee status.Sec. 123. Applicability.Sec. 124. Severability.Sec. 125. Protection of women’s sports and Olympic sports.Sec. 126. Mid-sized conference representation on intercollegiate athletic association governing boards.Sec. 127. Title IX savings clause.Sec. 128. Protecting opportunities for American student athletes.Sec. 129. Disclosure of foreign financing of intercollegiate athletics.TITLE II—Sports broadcastingSec. 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 ProgramSec. 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.
IProtections of student athletes and fair competition100.In this title:(1)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)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)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)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)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)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)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)The term grant-in-aid means—(A)a scholarship, grant, stipend, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses, that—(i)is paid or provided by an institution to a student for the undergraduate or graduate education of the student; and(ii)is in an amount that does not exceed the cost of attendance for such student at the institution; and(B)does not include compensation paid to a student athlete. (9)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)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 associationThe 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 competitionThe 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)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)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)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 agreementThe 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 rightsThe 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 athleteThe 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)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)(A)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)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)The term third party means an individual or entity that is not an institution, associated entity, collective, conference, or intercollegiate athletic association.(22)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)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.101.Name, image, and likeness protections(a)Student athlete name, image, and likeness compensation(1)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 useAn 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)(A)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)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)All student athletes shall report to their institution and their intercollegiate athletic association, or to an entity designated by their intercollegiate athletic association and under the control of that intercollegiate athletic association pursuant to the Injunctive Relief Settlement Agreement approved by the court in In Re College Athlete NIL Litigation
, No. 20–cv–03919 (N.D. Cal. June 6, 2025)—(A)not later than 5 days after entering into a name, image, and likeness agreement, the terms of any such agreement, including the amount and source, that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and(B)to the extent not reported under subparagraph (A), not later than 30 days after receiving compensation for the name, image, or likeness of the student athlete, the amount and source of any such compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period.(2)Mandatory disclosures by recruited athletesWith 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)(A)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)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)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)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 institutionsSubject 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)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 titleAn 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.102.Modifications to Sports Agent Responsibility and Trust Act(a)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 associationThe 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:5A.(a)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)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 costsIn 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)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)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)In this subsection:(A)Pre-dispute arbitration agreementThe 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 waiverThe 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:9.Registration of athlete agents and other requirements(a)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)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)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)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 contractsTo 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.10.Endorsement contract requirementsAn endorsement contract made in interstate or foreign commerce is, at the option of the student athlete, void from the inception of such contract if such contract does not satisfy the following requirements:(1)The contract is in writing.(2)The contract plainly states that the student athlete has the right to obtain or retain an athlete agent or legal representation with respect to the contract.(3)The contract contains—(A)a description of services rendered;(B)the names of each party to the contract;(C)the terms of the contract;(D)the amount of compensation to be provided to the student athlete under the contract;(E)a provision specifying the circumstance or event that would result in the termination of the contract due to nonperformance of obligations by the student athlete or other parties to the contract; and(F)a provision specifying that the validity and effectiveness of the contract, and the provision of compensation to the student athlete under the contract, is not conditioned upon any express or implicit requirement that the student athlete enroll or remain enrolled at an institution or reside in a particular location within the United States, unless the party making the contract with the student athlete is an institution, conference, associated entity, or collective affiliated with the institution and the contract is entered into after the student athlete has enrolled at such institution.(4)The contract is not for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sports..(b)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..103.Agent registry requirements for intercollegiate athletic associations(a)Requirements of intercollegiate athletic associationsAn 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)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 decertificationAn 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.104.Disclosures and establishment of name, image, and likeness agreement database(a)Disclosures by institutions(1)Disclosure of data on name, image, and likeness agreementsNot 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 outcomesNot 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 programsAn 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 informationIn 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)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)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)An intercollegiate athletic association shall update the database described in paragraph (1) each September 1.(4)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)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.105.(a)Prohibitions relating to coursework and extracurricular activities(1)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 activitiesIn 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)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 skillsAn 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)(1)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)(A)An institution may revoke, reduce, or condition the grant-in-aid of a student athlete or former student athlete who—(i)transfers to another institution; or(ii)does not remain in good standing in accordance with—(I)the standards or code of conduct of the institution applicable to all students;(II)the established athletics program policies for participating in mandatory team athletic activities for a varsity sports team; or(III)the academic standards for athletic eligibility.(B)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)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)(i)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 describedA 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)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)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.106.Medical coverage requirements(a)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)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)(A)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)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)The amount funded for the fund or program established under this subsection shall not exceed $100,000,000.(3)Use of collective media rightsIn 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)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.107.Health, wellness, and safety standards(a)Establishment of standardsNot 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 misconductEach 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 associationAn 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)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)Each institution shall designate an employee, who is independent of the athletic department, as the athletic health and safety officer for the institution.(2)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)An employee who is designated by an institution under paragraph (1) as an athletic health and safety officer shall be responsible for, at a minimum—(A)overseeing implementation of the applicable requirements the institution is subject to under this section, including any applicable training, oversight practices, policies, and procedures; and(B)consulting with student athletes and athletic department personnel and reporting any suspected violations of this section to the employee specified under paragraph (2).(e)Independence of medical professionals(1)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 personnelNo 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)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 oversightAn intercollegiate athletic association shall take reasonable actions to ensure that its member institutions comply with this section.108.Office of the Student Athlete Ombudsman(a)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)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)An intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office.(d)(1)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)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)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)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)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 retaliationNo 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 dutiesThe 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.109.Comparable standards for access to facilities, services, and eventsIntercollegiate 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.110.Rules governing certain mid-season coaching transitions(a)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)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 ineligibilityAn 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-complianceIn 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)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)In this section:(1)Applicable intercollegiate athletic associationThe 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)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 personnelThe term football athletic personnel means any individual employed by, contracted with, or otherwise engaged by an institution who provides coaching, instruction, recruiting, roster management, or training as the head coach or a coordinator, including an offensive, defensive, or special teams coordinator, of student athletes who are members of or participate with the varsity sports team for intercollegiate football of the institution.(4)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.111.Student athlete representation on intercollegiate athletic association governing boards(a)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)(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.112.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.113.Eligibility to participate in intercollegiate sports(a)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)(1)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)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)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)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 moneyFor 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 institutionNo 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)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.114.Prohibited compensation and agreements(a)Certain agreements and compensation prohibited(1)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)(A)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)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)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)The exception described in subparagraph (A) shall apply only during the nine-year period beginning on the date of the enactment of this Act.(D)Academic success limitationAn 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 permittedAn 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 vendorsIn 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)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)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)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)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.115.Congressional approval of continuation of revenue share cap and retention fund(a)Continuation upon congressional approval(1)Cessation absent approvalExcept 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 approvalIf 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 amountIn 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)(1)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)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)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)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)Notwithstanding paragraph (4), for purposes of this section, a notice required under this subsection received after the expiration or termination of the covered settlement agreement shall be deemed to have been received by Congress on the date on which covered settlement agreement expired or terminated.(c)Joint resolution of approval(1)Applicable congressional approval periodWith 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 approvalFor 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)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)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)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 dischargeA 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 considerationAfter 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)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)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)Upon introduction in the Senate, a joint resolution of approval shall be placed immediately on the calendar.(3)(A)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)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)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 procedureAppeals 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 HouseIf, 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 HouseIf 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 measuresIf, 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 SenateThis 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 definedIn 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.116.Commission on the Future of College Athletics(a)Commission on the Future of College Athletics(1)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)The purpose of the commission is to provide recommendations for the future of college athletics.(b)(1)Subject to paragraph (2), the Commission shall be composed of 24 members, of whom—(A)4 members shall be appointed by the chair of the Committee on Commerce, Science, and Transportation of the Senate, in consultation with the chair of the Committee on Health, Education, Labor, and Pensions of the Senate, of which at least 1 member shall be a student athlete or former student athlete;(B)4 members shall be appointed by the ranking member of the Committee on Commerce, Science, and Transportation of the Senate, in consultation with the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate, of which at least 1 member shall be a student athlete or former student athlete;(C)4 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives, in consultation with the chair of the Committee on Education and Workforce of the House of Representatives, of which at least 1 member shall be a student athlete or former student athlete;(D)4 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives, in consultation with the ranking member of the Committee on Education and Workforce of the House of Representatives, of which at least 1 member shall be a student athlete or former student athlete;(E)1 member shall be a current or former student athlete appointed by the majority leader of the Senate, in consultation with the chair of the Committee on Commerce, Science, and Transportation of the Senate and the chair of the Committee on Health, Education, Labor, and Pensions of the Senate;(F)1 member shall be a current or former student athlete appointed by the minority leader of the Senate, in consultation with the ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate;(G)1 member shall be a current or former student athlete appointed by Speaker of the House of Representatives, in consultation with the chair of the Committee on Energy and Commerce of the House of Representatives and the chair of the Committee on Education and Workforce of the House of Representatives;(H)1 member shall be a current or former student athlete appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Energy and Commerce of the House of Representatives and the ranking member of the Committee on Education and Workforce of the House of Representatives;(I)1 member shall be a representative of a historically Black college or university, appointed by the majority leader of the Senate;(J)1 member shall be a representative of a historically Black college or university, appointed by the Speaker of the House of Representatives;(K)1 member shall be a representative of a mid-sized conference, appointed by the majority leader of the Senate; and(L)1 member shall be a representative of a mid-sized conference, appointed by the Speaker of the House of Representatives.(2)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)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 staffThe 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 definedIn 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 definedIn 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)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)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)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)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)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)Twelve members of the Commission, of which 5 members shall be current or former student athletes, shall constitute a quorum.(g)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)The Commission shall hold 1 or more public hearings.(i)The Commission is not an agency (as defined in section 551 of title 5, United States Code).(j)Any Member of Congress may introduce a joint resolution for consideration to adopt any of the recommendations of the Commission, in whole or in part, including any recommendations from the Commission on whether to eliminate, raise, or lower the Pool Benefits Limit.(k)The Commission shall terminate 90 days after the date on which the Commission submits the report required by this section.(l)Authorization of appropriationsThere 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.117.Recruitment and tamperingAn 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.118.(a)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 associationIt 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 associationAn 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)(1)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 requirementIf 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
.119.(a)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)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)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)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)If a claim for a violation of this title arises, a student athlete has the option to arbitrate the dispute if the intercollegiate athletic association, conference, or institution agrees to the arbitration.(2)Pre-dispute joint-action waiverNotwithstanding 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 SettlementNotwithstanding 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)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)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)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.120.(a)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)(1)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)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 individualNothing 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 remediesThe 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 agreementsNo predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section.121.Relationship to existing law(a)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 lawsThe following State laws, rules, regulations, or requirements, or common law rights or remedies shall not be preempted, displaced, or supplanted:(1)Except to the extent that such law, rule, regulation, requirement, or common law right or remedy conflicts with subsection (a), the following:(A)Uniform Athlete Agent Acts.(B)Civil rights laws.(C)Tort law, unless otherwise specified in paragraph (2).(D)Criminal law, unless otherwise specified in paragraph (2).(E)Laws that relate to privacy or data breach.(F)Contract law.(G)Trademark law.(H)Copyright law.(I)Consumer protection law, unless otherwise specified in paragraph (2).(2)Except to the extent that such law, rule, regulation, or requirement, or common law right or remedy conflicts with subsection (a)(2), any law, rule, regulation, or requirement, or common law right or remedy, whether statutory or common law, that gives rise to a cause of action for the following:(A)Personal injury, including psychological injury.(B)Wrongful death.(C)Property damage.(D)Sexual assault.(E)Harassment.(F)Fraud.(G)Injury resulting from abuse or hazing of a student athlete, including physical or sexual abuse.(H)Injury resulting from deficient student or campus safety measures.(I)Injury resulting from a failure to provide greater protections to student athletes than those provided by the health, wellness, and safety standards under subsections (a)(1)-(4) or (b)(1)-(2) of section 107.(J)Any related cause of action that is derivative of any of subparagraphs (A) through (I).(c)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.122.Neutrality on employee or non-employee statusThis title is neutral on, and does nothing to alter, employee or non-employee status for student athletes.123.(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)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.124.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.125.Protection of women’s sports and Olympic sports(a)An intercollegiate athletic association or conference comprised of Division I institutions, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, shall not reduce the minimum intercollegiate athletic competitions, minimum participants on a varsity sports team, or the number of varsity sports teams, including the number of men’s and women’s varsity sports teams or Olympic varsity sports teams, that an institution must sponsor for membership within—(1)Division I of the National Collegiate Athletic Association, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw; or(2)the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or successor bylaw.(b)(1)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)(A)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)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)In this subsection:(A)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 programthe 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)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)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)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 definedIn 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)This subsection shall terminate on the date that is 4 years after the date of the enactment of this Act.(d)Clarification of flexibilityNothing 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)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)In this subsection:(A)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)The term walk-on athlete means an enrolled student athlete who participates on a sport roster without receiving athletics-based scholarship aid.126.Mid-sized conference representation on intercollegiate athletic association governing boards(a)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 definedIn 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.127.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.).128.Protecting opportunities for American student athletesIt 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.129.Disclosure of foreign financing of intercollegiate athletics(a)Disclosure to intercollegiate athletic association(1)A covered person shall disclose to the relevant intercollegiate athletic association (except in the case of a covered person that is an intercollegiate athletic association) all amounts that exceed $600 in value received by the covered person relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, or a sovereign wealth fund.(2)Disclosures under paragraph (1) shall be made not later than 30 days after—(A)entering into a relevant transaction or receiving funds, whichever occurs first; or(B)any material change that would impact a previous disclosure.(b)Report and public availability(1)Not later than August 1 of each year, each intercollegiate athletic association shall submit to the Secretary of Education, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report on—(A)all disclosures received under subsection (a) during the one-year period preceding the date of the report; and(B)any amounts received by the intercollegiate athletic association relating to intercollegiate athletics from a foreign government, a foreign adversary, a state-owned enterprise, or a sovereign wealth fund during the one-year period preceding the date of the report.(2)Each intercollegiate athletic association shall publish on a publicly available website an updated disclosure containing the matter required under paragraph (1) not later than January 31 and July 31 of each year.(c)In this section:(1)The term covered person means—(A)an institution;(B)a conference; or(C)an intercollegiate athletic association.(2)The term foreign adversary has the meaning given the term covered nation in section 4872 of title 10, United States Code.(3)The term sovereign wealth fund means an investment fund, investment vehicle, or investment entity established, owned, controlled, or directed by a foreign government.
II201.(a)References to Sports Broadcasting Act of 1961In 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 1961The 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)The term persons means;(B)by inserting before paragraph (12), as so designated, the following:(1)Collective media rights revenueThe 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)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)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)The term grant-in-aid—(A)means a scholarship, grant, stipend, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses, that—(i)is paid or provided by an institution to a student for the undergraduate or graduate course of study of the student; and(ii)is in an amount that does not exceed the cost of attendance for the student at the institution; and(B)does not include compensation paid to an individual who is a student athlete or a former student athlete.(5)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 associationThe 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 competitionThe 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)The term intercollegiate football means the intercollegiate sport of football.(9)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)The term member conference, with respect to the covered entity, means a conference that is a member of the covered entity.(11)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)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 footballThe 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 footballThe 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)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)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..202.Limitation on liability for transmission of collegiate sports competitions(a)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:1.Exemption of certain agreements from antitrust laws(a)The; and(2)by adding at the end the following:(b)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 amendmentsThe 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)
.203.Requirements for entities selling media rightsThe 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:5.Requirements for entities selling media rights(a)Condition on antitrust exemptionSection 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)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)(A)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)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)(1)(A)Votes of conferences and institutionsSubject 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 athletesThe 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 conferencesIf 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)(A)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)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 allocationsA 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)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)Not less frequently than once each academic year, the covered entity shall distribute the collective media rights revenue among member conferences and member institutions—(A)according to the allocation of collective media rights revenue most recently determined in accordance with subsection (c)(2)(C); and(B)in accordance with the requirements of this subsection.(2)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)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)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)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 participationThe 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)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 rightsNotwithstanding 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 remediesNothing 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)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 sportsIn 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)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)(A)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 rivalsIf 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)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 requirements8 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 entityNothing 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)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 cureA 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)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)Nothing in this Act, any amendments made by this Act, or a decision by an institution or conference to decline to join or participate in the covered entity may be used to support any claim, cause of action, or theory of liability under Federal or State law that would impose liability on an institution or conference or compel an institution or conference to join or participate in the covered entity.(3)No abrogation of existing contractsNothing 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 entityNothing 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..204.Market level broadcast access for college football and basketballThe Sports Broadcasting Act of 1961 is amended by inserting after section 5 (as added by section 203 of this Act) the following:6.Market-level broadcast access for college football and basketball(a)In this section:(1)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)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)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)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)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)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 agreementsNothing in paragraph (1) shall limit the covered entity’s ability to negotiate nationwide or regional media agreements.(4)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)(1)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)The Federal Communications Commission shall have jurisdiction over complaints alleging a violation of paragraph (1)..205.Prohibition on certain conference mergers or acquisitionThe Sports Broadcasting Act of 1961 is amended by inserting after section 6 (as added by section 204 of this Act) the following:7.Prohibition on certain conference mergers and acquisitions(a)Violation of antitrust lawsIt shall be unlawful under the antitrust laws, as defined in section 1(a), for—(1)any covered conference that reported more than $700,000,000 in revenue on its fiscal year 2025 tax return or any subsequent tax return to—(A)merge or consolidate with, or acquire the assets or media rights of, another covered conference or a covered institution, if as a result of the transaction, the number of institutions that are members of the covered conference would be less than 75 percent of the institutions participating in the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of the National Collegiate Athletic Association; or(B)acquire the assets or media rights of an institution that is not a covered institution, unless, as a result of the transaction, the number of institutions that are members of the covered conference does not exceed 20 institutions; or(2)any entity to merge with, acquire, or consolidate the assets or media rights of a covered institution, or multiple covered institutions, for the purpose of creating a new conference or intercollegiate athletic association.(b)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)Any transaction consummated in violation of subsection (a) shall be void.(d)No impact on covered entityNothing in this section shall be construed to prohibit the creation of the covered entity under section 5.(e)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)In this section:(1)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)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..206.Amendments to intercollegiate and interscholastic football contest limitations(a)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 gameSection 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..207.Media rights utilization requirement for college sports other than football and basketball(a)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)A distributor to which any media rights for intercollegiate athletic competitions in a sport other than football or basketball are sold, licensed, or otherwise conveyed by the covered entity or its member institutions or member conferences after the date of enactment of this Act shall affirmatively use those rights by making the competitions reasonably available to the public not later than 1 year after the effective date of the agreement under which the rights are sold, licensed, or otherwise conveyed.(c)(1)Failure to use rights; opportunity to cureIf 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)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)Nothing in this section shall be construed to modify the Sports Broadcasting Act of 1961, as amended by this title.
IIIHBCU Sports Media and Connectivity Program301.This title may be cited as the HBCU Sports Media and Connectivity Program
.302.Grants for improvement of broadband, technology, media, and sports broadcast infrastructure of HBCUs(a)(1)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)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 permittedAn eligible entity may apply for, and be awarded, more than 1 grant under this section.(b)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)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)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)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)(1)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)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)The Assistant Secretary shall endeavor to evaluate an application on the basis of the criteria and weights published under paragraph (2) that were in effect on the date on which the application window opened.(4)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).303.(a)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)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)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)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.304.(a)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)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)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.305.(a)(1)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)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 requirementsNot later than 90 days after the end of the grant period for a grant awarded under this title, the grantee shall submit to the Assistant Secretary a final report that—(1)describes the use of grant funds, the status of each funded asset, and the grantee's performance against each target submitted under section 302(b)(7)(B); and(2)meets any additional requirements established by the Assistant Secretary in accordance with part 200 of title 2, Code of Federal Regulations.(c)Measures of usage and engagementDevice 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.306.In this title:(1)Appropriate congressional committeesThe 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)The term Assistant Secretary means the Assistant Secretary of Commerce for Telecommunications and Information.(3)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)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)The term HBCU athletic conference means a conference the membership of which consists predominantly of part B institutions.(6)Intercollegiate athletic association; conferenceThe terms intercollegiate athletic association and conference have the meanings given those terms in section 100 of this Act.(7)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)The term Secretary means the Secretary of Education.(9)The term State has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).307.Authorization of appropriationsThere is authorized to be appropriated to carry out this title $180,000,000 for each of fiscal years 2027 through 2032.
Passed the Senate September 28, 2026.Secretary
Senate
President