In the nature of a substitute.

SA 6776. Mr. THUNE (for Mr. Cruz) proposed an amendment to the bill
S. 4668, to protect the name, image, and likeness rights of, and
provide protections for, student athletes and to promote fair
competition among intercollegiate athletics, and for other purposes; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Protect
College Sports Act of 2026''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION

Sec. 100. Definitions.
Sec. 101. Name, image, and likeness protections.
Sec. 102. Modifications to Sports Agent Responsibility and Trust Act.
Sec. 103. Agent registry requirements for intercollegiate athletic
associations.
Sec. 104. Disclosures and establishment of name, image, and likeness
agreement database.
Sec. 105. Academic protections.
Sec. 106. Medical coverage requirements.
Sec. 107. Health, wellness, and safety standards.
Sec. 108. Office of the Student Athlete Ombudsman.
Sec. 109. Comparable standards for access to facilities, services, and
events.
Sec. 110. Rules governing certain mid-season coaching transitions.
Sec. 111. Student athlete representation on intercollegiate athletic
association governing boards.
Sec. 112. Transfer protections.
Sec. 113. Eligibility to participate in intercollegiate sports.
Sec. 114. Prohibited compensation and agreements.
Sec. 115. Congressional approval of continuation of revenue share cap
and retention fund.
Sec. 116. Commission on the Future of College Athletics.
Sec. 117. Recruitment and tampering.
Sec. 118. Limitation on liability.
Sec. 119. Private right of action.
Sec. 120. Whistleblower protection.
Sec. 121. Relationship to existing law.
Sec. 122. Neutrality on employee or non-employee status.
Sec. 123. Applicability.
Sec. 124. Severability.
Sec. 125. Protection of women's sports and Olympic sports.
Sec. 126. Mid-sized conference representation on intercollegiate
athletic association governing boards.
Sec. 127. Title IX savings clause.
Sec. 128. Protecting opportunities for American student athletes.

TITLE II--SPORTS BROADCASTING

Sec. 201. Definitions.
Sec. 202. Limitation on liability for transmission of collegiate sports
competitions.
Sec. 203. Requirements for entities selling media rights.
Sec. 204. Market level broadcast access for college football and
basketball.
Sec. 205. Prohibition on certain conference mergers or acquisition.
Sec. 206. Amendments to intercollegiate and interscholastic football
contest limitations.
Sec. 207. Media rights utilization requirement for college sports other
than football and basketball.

TITLE III--HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM

Sec. 301. Short title.
Sec. 302. Grants for improvement of broadband, technology, media, and
sports broadcast infrastructure of HBCUs.
Sec. 303. Grant uses.
Sec. 304. Coordination.
Sec. 305. Reports and evaluation.
Sec. 306. Definitions.
Sec. 307. Authorization of appropriations.

TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION

SEC. 100. DEFINITIONS.

In this title:
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given that term in the 1st section of the Clayton Act
(15 U.S.C. 12) and includes--
(A) section 5 of the Federal Trade Commission Act (15
U.S.C. 45) to the extent that such section 5 applies to
unfair methods of competition; and
(B) any similar State antitrust law, including a State law
provision that applies to covering unfair methods of
competition having the force and effect of law.
(2) Associated entity.--The term ``associated entity''
means any individual or entity, including a collective,
that--
(A) is known, or was known, or should have been known to
the athletics department staff of an institution to exist, in
significant part, for the purpose of--
(i) promoting or supporting a particular institution's
intercollegiate athletics program or student athletes; or
(ii) creating or identifying name, image, and likeness
opportunities solely for a particular institution's student
athletes;
(B) is or was a member, employee, director, officer, owner,
or agent of an individual or entity described in subparagraph
(A);
(C) directly or indirectly (including contributions by an
affiliated entity, individual, or family member) has
contributed more than $50,000 over their lifetime to a
particular institution or to an individual or entity
described in subparagraph (A);
(D) has--
(i) been directed or requested by an institution's athletic
department staff to assist in the recruitment or retention of
student athletes or prospective student athletes; or
(ii) otherwise assisted in the recruitment or retention of
student athletes or prospective student athletes; or
(E) is owned, controlled, or operated by, or otherwise
affiliated with the individuals or entities described in
subparagraphs (A) through (D), other than a publicly traded
corporation.
(3) Athlete agent.--The term ``athlete agent'' has the
meaning given that term in section 2 of the Sports Agent
Responsibility and Trust Act (15 U.S.C. 7801).
(4) Collective.--The term ``collective''--
(A) means a person, corporation, booster organization, tax-
exempt organization, or other entity that provides donations
or other support directly or indirectly to or for the benefit
or support of--
(i) a student athlete who is enrolled, or who may enroll,
at an institution; or
(ii) the intercollegiate athletics program or any booster
organization of an institution; and
(B) does not include--
(i) an immediate family member of a student athlete; or
(ii) an individual or entity that--

(I) licenses trademark rights of an institution; and
(II) does not--

(aa) license name, image, and likeness rights of student
athletes; or
(bb) make payments earmarked or designated to fund name,
image, or likeness licenses or other payments to student
athletes.
(5) Compensation.--The term ``compensation''--
(A) means any payment, remuneration, or benefit provided to
a student athlete or a prospective student athlete; and
(B) does not include--
(i) grants-in-aid;
(ii) Federal Pell Grants provided under section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a) or any other
Federal or State grants unrelated to and not awarded with
regard to participation in intercollegiate sports;
(iii) health insurance and the costs of health care funded
by an institution, intercollegiate athletic association, or
conference;
(iv) disability and loss-of-value insurance, including
disability and loss-of-value insurance funded by an
institution, intercollegiate athletic association, or
conference;
(v) career counseling, job placement services, or other
guidance available to all students at an institution;
(vi) hourly wages and benefits for work performed outside
of participating in intercollegiate sports at a rate
commensurate with the prevailing rate in the relevant State
or locality for similar work;
(vii) enhanced education benefits, including academic
awards;
(viii) financial literacy or tax education resources; or
(ix) any program to connect student athletes with employers
and facilitate employment opportunities, if--

(I) the financial terms of such employment opportunities
are consistent with the terms offered to similarly situated
employees who are not student athletes; and
(II) such program is not used to induce a student athlete
to attend a particular institution.

(6) Conference.--The term ``conference'' means any
organization that is not an intercollegiate athletic
association and that--
(A) has 2 or more institutions as members; and
(B) arranges championships for intercollegiate athletic
competitions or sets rules for intercollegiate athletic
competition.
(7) Cost of attendance.--The term ``cost of attendance''--
(A) has the meaning given that term in section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087ll); and
(B) shall be calculated by the financial aid office of an
institution applying the same standards, policies, and
procedures for all students.
(8) Grant-in-aid.--The term ``grant-in-aid'' means--
(A) a scholarship, grant, stipend, or other form of
financial assistance, including the provision of tuition,
room, board, books, or funds for fees or personal expenses,
that--

[[Page S4806]]

(i) is paid or provided by an institution to a student for
the undergraduate or graduate education of the student; and
(ii) is in an amount that does not exceed the cost of
attendance for such student at the institution; and
(B) does not include compensation paid to a student
athlete.
(9) Image.--With respect to a student athlete, the term
``image'' means a picture, video, computer-generated
representation, or other depiction that identifies, is linked
to, or is reasonably linked to the student athlete.
(10) Institution.--Except as otherwise explicitly provided,
the term ``institution'' has the meaning given the term
``institution of higher education'' under section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(11) Intercollegiate athletic association.--The term
``intercollegiate athletic association''--
(A) means any organization, not-for-profit corporation,
association, or any other group organized in the United
States that--
(i) sponsors or arranges intercollegiate athletic
competition between institutions;
(ii) sets common rules, standards, procedures, or
guidelines for the administration of intercollegiate athletic
competition;
(iii) is composed of 2 or more institutions or conferences
that are located in different States or participate in
intercollegiate athletic competition in more than 1 State;
and
(iv) is not a conference;
(B) includes--
(i) the National Collegiate Athletic Association; and
(ii) any other national intercollegiate athletic
association; and
(C) does not include a corporation, association, or other
group affiliated with professional athletic competition.
(12) Intercollegiate athletic competition.--The term
``intercollegiate athletic competition'' means any
intercollegiate sport contest, game, meet, match, tournament,
regatta, or other intercollegiate sport event in which
student athletes or varsity sports teams compete.
(13) Intercollegiate sport.--The term ``intercollegiate
sport''--
(A) means a sport played between institutions for which
eligibility requirements for participation by a student
athlete are established by an intercollegiate athletic
association; and
(B) does not include a recreational, intramural, or club
sport.
(14) Likeness.--With respect to a student athlete, the term
``likeness'' means a physical or digital depiction or
representation that identifies, is linked to, or is
reasonably linked to the student athlete, including --
(A) the uniquely identifiable body, physical
characteristics, or voice of the student athlete;
(B) any other mark that identifies or distinguishes the
student athlete; or
(C) the jersey number associated with the student athlete
during the period of athletic participation by the student
athlete at an institution if the jersey number is accompanied
by--
(i) a logo or color scheme that is clearly associated with
the institution; or
(ii) some other means by which the jersey number is
associated with the student athlete.
(15) Name.--With respect to a student athlete, the term
``name'' means the first or last name that identifies the
student athlete, a nickname or assumed name of the student
athlete, or a username associated with the student athlete on
any public-facing internet platform when used in a context
that identifies, is linked to, or is reasonably linked to the
student athlete.
(16) Name, image, and likeness agreement.--The term ``name,
image, and likeness agreement'' means a contract or similar
agreement between a student athlete (or group of student
athletes) and a conference, institution, intercollegiate
athletic association, associated entity, collective, or third
party regarding the commercial use of the name, image, and
likeness rights of the student athlete (or group of student
athletes).
(17) Name, image, and likeness rights.--The term ``name,
image, and likeness rights'' means the ability of a student
athlete to market and profit from the commercial use of his
or her name, image, or likeness.
(18) Prospective student athlete.--The term ``prospective
student athlete'' means an individual who is recruited,
actively being recruited, or has been contacted for the
purposes of recruitment to attend an institution as a student
athlete, but has not yet enrolled at the institution.
(19) Revenue share cap.--The term ``revenue share cap''
means the Benefits Pool Limit set forth in the Injunctive
Relief Settlement Agreement approved by the court in ``In Re
College Athlete NIL Litigation'', No. 20-cv-03919 (N.D. Cal.
June 6, 2025), or as modified pursuant to the amendment
provision specified in paragraph 55 of that settlement.
(20) Student athlete.--
(A) In general.--The term ``student athlete'' means an
individual who is enrolled as a full-time student (as defined
in section 668.2 of title 34, Code of Federal Regulations (as
in effect on the day before the date of the enactment of this
Act)) at an institution and who--
(i) makes satisfactory academic progress (as determined in
accordance with section 668.34 of such title 34 (as in effect
on the day before the date of the enactment of this Act))
toward completing a degree; and
(ii) participates in intercollegiate athletic competition
or competes for a varsity sports team as part of the
institution's educational, developmental, or extracurricular
programs.
(B) Rule of construction.--Nothing in subparagraph (A)(i)
shall be construed to preclude an institution, conference, or
intercollegiate athletic association from establishing
satisfactory academic progress standards that are more
stringent than the requirements described in subparagraph
(A)(i), if such standards are required of all student
athletes, or in the case of an institution, of all full-time
students.
(21) Third party.--The term ``third party'' means an
individual or entity that is not an institution, associated
entity, collective, conference, or intercollegiate athletic
association.
(22) Valid business purpose.--The term ``valid business
purpose'' means a purpose genuinely related to the promotion
of goods or services provided to the general public for
profit.
(23) Varsity sports team.--The term ``varsity sports team''
means a sports team composed of student athletes that is
organized by an institution for the purpose of
intercollegiate athletic competition.

SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS.

(a) Student Athlete Name, Image, and Likeness
Compensation.--
(1) In general.--Except as provided in this title, an
institution, conference, intercollegiate athletic
association, or any representative of such an entity may
not--
(A) restrict the ability of a student athlete, group of
student athletes, or prospective student athlete--
(i) to market or earn compensation for the value of their
name, image, or likeness rights; or
(ii) to enter into a name, image, and likeness agreement;
(B) restrict the eligibility for intercollegiate athletic
competition for a student athlete or prospective student
athlete on the basis of the student athlete or prospective
student athlete entering into a name, image, and likeness
agreement or marketing or earning compensation for the value
of their name, image, or likeness;
(C) unless otherwise required by law, limit the eligibility
or opportunity of a student athlete or prospective student
athlete to apply for or receive a grant-in-aid, including the
amount, duration, or renewal of such grant-in-aid, on the
basis of the student athlete or prospective student athlete
entering into a name, image, and likeness agreement, or
marketing or earning compensation for the value of their
name, image, or likeness; or
(D) unless otherwise required by law, revoke, reduce, or
decline to renew a grant-in-aid for a student athlete or
prospective student athlete based on the student athlete or
prospective student athlete entering into a name, image, and
likeness agreement or marketing or earning compensation for
the value of their name, image, or likeness.
(2) Consent and compensation for group use.--An
institution, conference, intercollegiate athletic
association, collective, third party, or any representative
thereof, may not use the name, image, or likeness of any
group of student athletes to sell or promote any product or
service unless the institution, conference, athletic
association, collective, or third party, as the case may be,
obtains an agreement from each member of the group for that
purpose.
(3) Exceptions.--
(A) Certain agreements.--An institution may restrict the
eligibility for intercollegiate athletic competition of a
student athlete or prospective student athlete who enters
into a name, image, and likeness agreement that violates the
code of student conduct of the institution that applies to
all students enrolled at the institution.
(B) Certain uses.--An institution may restrict the
eligibility for intercollegiate athletic competition of a
student athlete or prospective student athlete if, in
connection with a name, image, and likeness agreement, the
student athlete or prospective student athlete uses a
facility, uniform, equipment, registered or unregistered
trademark, copyright-protected product, or the official logo,
mark, or other indicia of the institution without the express
consent of the institution.
(b) Mandatory Disclosures by Student Athletes.--
(1) In general.--All student athletes shall report to their
institution and their intercollegiate athletic association,
or to an entity designated by their intercollegiate athletic
association and under the control of that intercollegiate
athletic association pursuant to the Injunctive Relief
Settlement Agreement approved by the court in ``In Re College
Athlete NIL Litigation'', No. 20-cv-03919 (N.D. Cal. June 6,
2025)--
(A) not later than 5 days after entering into a name,
image, and likeness agreement, the terms of any such
agreement, including the amount and source, that exceeds $600
in value, including multiple payments, remunerations, or
benefits from the same entity that exceeds a total of $600
over a 12-month period; and
(B) to the extent not reported under subparagraph (A), not
later than 30 days after receiving compensation for the name,
image, or likeness of the student athlete, the amount and
source of any such compensation that exceeds $600, including
multiple payments, remunerations, or benefits from

[[Page S4807]]

the same entity that exceeds a total of $600 over a 12-month
period.
(2) Mandatory disclosures by recruited athletes.--With
respect to a student athlete or prospective student athlete
who is recruited to attend, but is not yet enrolled in, an
institution, the student athlete or prospective student
athlete shall report to the institution at which the student
athlete enrolls and their intercollegiate athletic
association, or to an entity designated by that
intercollegiate athletic association and under the control of
that intercollegiate athletic association pursuant to the
Injunctive Relief Settlement Agreement approved by the court
in ``In Re College Athlete NIL Litigation'', No. 20-cv-03919
(N.D. Cal. June 6, 2025)--
(A) the terms of any current or ongoing name, image, and
likeness agreement that exceeds $600 in value, including
multiple payments, remunerations, or benefits from the same
entity that exceeds a total of $600 over a 12-month period;
and
(B) to the extent not reported under subparagraph (A), the
amount and source of any current or ongoing name, image, and
likeness compensation that exceeds $600, including multiple
payments, remunerations, or benefits from the same person
that exceeds a total of $600 over a 12-month period.
(3) Exception.--
(A) In general.--Paragraphs (1) and (2) shall not apply to
either marketing or earning compensation for the value of the
name, image, and likeness rights of a student athlete or to
the compensation within a name, image, and likeness agreement
in which a student athlete receives less than $600, including
multiple payments, remunerations, or benefits from the same
person that totals less than $600 over a 12-month period.
(B) Adjustment for inflation.--The amount described in
subparagraph (A) shall be adjusted for inflation by the
percent increase, if any, in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor for the most recent 12-month
period for which applicable data is available.
(4) Release of information.--Except as provided in section
104 or as necessary to comply with this Act, an institution
may not release any information that would identify a student
athlete or prospective student athlete in a disclosure under
paragraph (1) or (2) without the express written consent of
the student athlete, prospective student athlete, athlete
agent of the student athlete or prospective student athlete,
or, in case of a minor, the parent or legal guardian of the
minor.
(5) Limitation.--This subsection shall apply only to
student athletes and prospective student athletes of
institutions whose primary membership is in Division I, as
defined by bylaw 20.9 of the National Collegiate Athletic
Association, or a successor bylaw.
(c) Name, Image, or Likeness Compensation by
Institutions.--Subject to the requirements of this title, an
institution, intercollegiate athletic association,
conference, collective, associated entity, or third party,
may pay, provide, or facilitate compensation to a student
athlete for the use of the name, image, or likeness of the
student athlete.
(d) Right to Representation.--An institution,
intercollegiate athletic association, or conference may not
restrict the eligibility for intercollegiate athletic
competition, or any other event or activity relating to
intercollegiate athletic competition, of a prospective
student athlete or student athlete based on the prospective
student athlete or student athlete having obtained an athlete
agent or legal representative.
(e) Educational Resources Regarding This Title.--An
intercollegiate athletic association shall provide student
athletes and prospective student athletes and the parents or
guardians of student athletes or prospective student athletes
with educational materials relating to this title.

SEC. 102. MODIFICATIONS TO SPORTS AGENT RESPONSIBILITY AND
TRUST ACT.

(a) In General.--The Sports Agent Responsibility and Trust
Act (15 U.S.C. 7801 et seq.) is amended--
(1) in section 2 (15 U.S.C. 7801)--
(A) in paragraph (1), by striking ``an oral or written
agreement'' and inserting ``a written agreement'';
(B) in paragraph (5), by inserting before the period the
following: ``and includes any name, image, and likeness
agreement as defined in section 100 of the Protect College
Sports Act of 2026'';
(C) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(D) by inserting after paragraph (5) the following:
``(6) Intercollegiate athletic association.--The term
`intercollegiate athletic association' has the meaning given
that term in section 100 of Protect College Sports Act of
2026'';
(2) in section 3 (15 U.S.C. 7802)--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``or'' at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(4) enter into an agency contract or represent a student
athlete in a manner that violates section 9;
``(5) charge a student athlete a fee in connection with an
endorsement contract that exceeds 5 percent of the value of
the endorsement contract;
``(6) enter into an agency contract with an athlete for a
term that extends beyond the eligibility of the student
athlete to participate in intercollegiate sport;
``(7) make any materially false, deceptive, or fraudulent
representation as an athlete agent, including any materially
false, deceptive, or fraudulent statement to a student
athlete or prospective student athlete that misrepresents the
existence, nature, or value of a name, image, or likeness
opportunity the athlete agent can arrange on behalf of the
student athlete or prospective student athlete through
recruitment or transfer to an institution (as defined in
section 100 of the Protect College Sports Act of 2026); or
``(8) make a materially false, deceptive, or fraudulent
statement in the application for registration as an athlete
agent.''; and
(B) in subsection (b)(3), by striking ``Warning to Student
Athlete: If you agree orally or in writing to be represented
by an agent now or in the future you may lose your
eligibility to compete as a student athlete in your sport.'';
(3) by inserting after section 5 (15 U.S.C. 7804) the
following:

``SEC. 5A. PRIVATE RIGHT OF ACTION.

``(a) In General.--Any current or former student athlete
alleging a violation of paragraphs (4) through (8) of section
3(a), section 9, or section 10 may bring a civil action in an
appropriate district court of the United States or in an
appropriate State court.
``(b) Relief.--In a civil action brought under subsection
(a) in which the plaintiff prevails, the court may award--
``(1) a declaratory judgment that a name, image, or
likeness agreement (as defined in section 100 of the Protect
College Sports Act of 2026) or an agency contract, as
applicable, is null and void; and
``(2) actual damages.
``(c) Attorney's Fees and Costs.--In a civil action brought
under subsection (a) in which the defendant is not an
institution (as defined in section 100 of the Protect College
Sports Act of 2026), the court may, in its discretion, award
reasonable attorney's fees and litigation costs.
``(d) Invalidity of Pre-dispute Arbitration Agreements and
Pre-dispute Joint Action Waivers.--
``(1) In general.--Notwithstanding any other provision of
law, no pre-dispute arbitration agreement or pre-dispute
joint action waiver shall be valid or enforceable against a
student athlete with respect to a dispute arising under this
Act.
``(2) Applicability.--Any determination as to whether or
how paragraph (1) applies to any dispute shall be made by a
court, rather than an arbitrator, without regard to whether
the agreement or waiver that is the subject of the dispute
purports to delegate such determination to an arbitrator.
``(3) Definitions.--In this subsection:
``(A) Pre-dispute arbitration agreement.--The term `pre-
dispute arbitration agreement' means any agreement to
arbitrate a dispute that has not arisen at the time of the
making of the agreement.
``(B) Pre-dispute joint-action waiver.--The term `pre-
dispute joint-action waiver' means an agreement, whether or
not part of a pre-dispute arbitration agreement, that would
prohibit, or waive the right of, one of the parties to the
agreement to participate in a joint, class, or collective
action in a judicial, arbitral, administrative, or other
forum, concerning a dispute that has not yet arisen at the
time of the making of the agreement.''; and
(4) by adding at the end the following:

``SEC. 9. REGISTRATION OF ATHLETE AGENTS AND OTHER
REQUIREMENTS.

``(a) In General.--An athlete agent who seeks to represent
a student athlete in an endorsement contract shall--
``(1) register with a State before representing a student
athlete for an endorsement contract; and
``(2) enter into an agency contract with the student
athlete before providing representation in an endorsement
contract.
``(b) Registration Established.--An individual is deemed to
be registered with a State for purposes of this section if
the individual is--
``(1) a registered professional sports agent with a
professional sports league or players association, in good
standing; or
``(2) registered and certified under the All State Uniform
Agent Acts in the State in which the agent operates, in good
standing.
``(c) Certification to Intercollegiate Athletic
Associations.--
``(1) Requirement.--An athlete agent that represents a
student athlete shall certify to each applicable
intercollegiate athletic association that the athlete agent
is registered with a State.
``(2) Prohibition.--It is unlawful for an individual to
certify to an intercollegiate athletic association that the
individual is an athlete agent if the individual is not
registered with a State.
``(d) Requirements for Agency Contracts.--To be a valid
contract, an agency contract shall--
``(1) state the name of each party to the contract;
``(2) state the term of the contract;
``(3) state the registration information for the athlete
agent; and
``(4) state the fee or commission charged by the athlete
agent.

``SEC. 10. ENDORSEMENT CONTRACT REQUIREMENTS.

``An endorsement contract made in interstate or foreign
commerce is, at the option

[[Page S4808]]

of the student athlete, void from the inception of such
contract if such contract does not satisfy the following
requirements:
``(1) The contract is in writing.
``(2) The contract plainly states that the student athlete
has the right to obtain or retain an athlete agent or legal
representation with respect to the contract.
``(3) The contract contains--
``(A) a description of services rendered;
``(B) the names of each party to the contract;
``(C) the terms of the contract;
``(D) the amount of compensation to be provided to the
student athlete under the contract;
``(E) a provision specifying the circumstance or event that
would result in the termination of the contract due to
nonperformance of obligations by the student athlete or other
parties to the contract; and
``(F) a provision specifying that the validity and
effectiveness of the contract, and the provision of
compensation to the student athlete under the contract, is
not conditioned upon any express or implicit requirement that
the student athlete enroll or remain enrolled at an
institution or reside in a particular location within the
United States, unless the party making the contract with the
student athlete is an institution, conference, associated
entity, or collective affiliated with the institution and the
contract is entered into after the student athlete has
enrolled at such institution.
``(4) The contract is not for a term that extends beyond
the eligibility of the student athlete to participate in
intercollegiate sports.''.
(b) Clerical Amendments.--The table of contents for the
Sports Agent Responsibility and Trust Act is amended--
(1) by inserting after the item relating to section 5 the
following:

``Sec. 5A. Private right of action.''; and
(2) by adding at the end the following:

``Sec. 9. Registration of athlete agents and other requirements.
``Sec. 10. Endorsement contract requirements.''.

SEC. 103. AGENT REGISTRY REQUIREMENTS FOR INTERCOLLEGIATE
ATHLETIC ASSOCIATIONS.

(a) Requirements of Intercollegiate Athletic
Associations.--An intercollegiate athletic association shall
maintain a publicly available website that includes a
searchable database of athlete agents that--
(1) are registered with a State and certified pursuant to
section 9 of the Sports Agent Responsibility and Trust Act,
as added by section 102; and
(2) have certified compliance with all rules and bylaws of
such intercollegiate athletic association, including any
recruitment and tampering rules adopted under section 117.
(b) Decertification Permitted.--
(1) In general.--An intercollegiate athletic association
may decertify or fine an athlete agent for any violations of
section 9 of the Sports Agent Responsibility and Trust Act,
as added by section 102, or any violation of section 117 on
recruitment and tampering.
(2) Effect of decertification.--An athlete agent that is
decertified pursuant to paragraph (1) may not represent or
contact a student athlete or prospective student athlete of
an institution that is a member of such intercollegiate
athletic association.

SEC. 104. DISCLOSURES AND ESTABLISHMENT OF NAME, IMAGE, AND
LIKENESS AGREEMENT DATABASE.

(a) Disclosures by Institutions.--
(1) Disclosure of data on name, image, and likeness
agreements.--Not later than July 1 of the first year
beginning after the date of the enactment of this Act, and
each July 1 thereafter, each institution shall disclose to
the intercollegiate athletic association of which the
institution is a member, in an anonymized manner, the
following data:
(A) With respect to each name, image, and likeness
agreement disclosed to the institution by a student athlete
as required by section 101(b)--
(i) a description of services rendered; and
(ii) the amount of compensation to be provided to the
student athlete or group of athletes under the agreement.
(B) With respect to each name, image, and likeness
agreement entered into between the institution and a student
athlete, and any other compensation provided or to be
provided by an institution to a student athlete--
(i) the amount of compensation provided or to be provided
to the student athlete by the institution; and
(ii) disaggregated by intercollegiate sports program--

(I) the number of agreements and payments;
(II) the average value of the agreements and payments; and
(III) the total value of the agreements and payments.

(2) Report on revenue and student outcomes.--Not later than
60 days after the date on which an academic year ends, each
institution with 1 or more intercollegiate sports programs
shall submit to the governing athletic association for such
institution a report that includes, for the academic year,
the following:
(A) The amount of revenues and expenditures of each such
sports program, including the amount of associated entity and
third-party donations, Federal funds, and State funds,
including the total amount of remuneration for personnel of
each intercollegiate sports program, individually by program
and in the aggregate.
(B) The average number of hours student athletes spent on
intercollegiate athletic events and intercollegiate athletic
competition, disaggregated by sports program.
(C) The academic outcomes and majors for student athletes,
disaggregated by sports program.
(3) Treatment of men's and women's programs.--An
institution shall treat men's and women's sports programs as
distinct sports programs for the purposes of disclosure and
reporting obligations under this subsection.
(4) Protection of personally identifiable information.--In
making a disclosure under paragraph (1), an institution shall
ensure that no personally identifiable information of a
student athlete is transmitted to an intercollegiate athletic
association.
(b) Disclosures by Associations and Database.--
(1) In general.--Not later than September of the first year
beginning after the date of the enactment of this Act, each
intercollegiate athletic association shall establish and
maintain a publicly accessible, searchable database for
student athletes and their agents to estimate the fair market
value for name, image, and likeness agreements, which shall
include data collected under subsection (a)(2).
(2) Content of database.--An intercollegiate athletic
association shall include the data reported by institutions
pursuant to paragraphs (1) and (2) of subsection (a) in the
database described in paragraph (1).
(3) Update of database.--An intercollegiate athletic
association shall update the database described in paragraph
(1) each September 1.
(4) Privacy.--An intercollegiate athletic association shall
take reasonable technical measures to ensure that information
available in the database described in paragraph (1) may not
be used to identify a student athlete.
(c) Limitation.--This section shall apply only to
institutions whose primary membership is in Division I, as
defined by bylaw 20.9 of the National Collegiate Athletic
Association, or a successor bylaw, and shall not apply to any
Division II or Division III institution (as so defined) that
participates in a limited number of sports at the Division I
level.

SEC. 105. ACADEMIC PROTECTIONS.

(a) Prohibitions Relating to Coursework and Extracurricular
Activities.--
(1) In general.--An employee or volunteer of an athletic
department of an institution may not--
(A) exert undue pressure over or prevent a student athlete
from selecting a course or an academic major of the student
athlete's choice;
(B) retaliate against a student athlete based on the
student athlete's selection of any course or academic major;
or
(C) prevent a student athlete who seeks to secure
employment or internships, participate in student groups or
events, or serve as a volunteer from doing so, unless such
activity interferes with mandatory class time or mandatory
events related to intercollegiate athletic competition or
membership on a varsity sports team.
(2) Participation in athletic related activities.--In order
to ensure each student athlete makes satisfactory progress
toward the completion of a degree, each intercollegiate
athletic association and any institution that is a member of
such association may limit a student athlete to only
participate in countable athletic-related activities as part
of the educational, developmental, or extracurricular
programs of the institution.
(3) Rule of construction.--Paragraph (1) may not be
construed as preventing an institution, an athletic
department of an institution, or a representative thereof
from--
(A) informing a student athlete of academic eligibility
requirements and mandatory and expected team activities; or
(B) providing other legitimate academic counseling and
support services, in collaboration with the institution, to
help the student athlete pursue the academic interests of and
improve academic outcomes for the student athlete.
(b) Financial Literacy and Life Skills.--An institution
that offers financial literacy and life skills programming
directed to student athletes may not include any marketing,
advertising, referral, or solicitation offers in such
programming.
(c) Scholarship Protections.--
(1) In general.--Except as provided in paragraph (2), an
institution that awards a grant-in-aid to a student athlete
may not revoke, reduce, or condition the grant-in-aid of the
student athlete--
(A) based on the athletic ability or performance of the
student athlete or the contribution of the student athlete to
the success of a varsity sports team;
(B) as a result of an injury or illness based on a physical
or mental medical condition of the student athlete; or
(C) roster management decisions.
(2) Exception.--
(A) In general.--An institution may revoke, reduce, or
condition the grant-in-aid of a student athlete or former
student athlete who--
(i) transfers to another institution; or
(ii) does not remain in good standing in accordance with--

(I) the standards or code of conduct of the institution
applicable to all students;
(II) the established athletics program policies for
participating in mandatory team

[[Page S4809]]

athletic activities for a varsity sports team; or
(III) the academic standards for athletic eligibility.

(B) Notice.--An institution shall provide a student athlete
with timely written notice with respect to any possible
revocation or reduction of, or condition on, the grant-in-aid
or athletic eligibility of the student athlete.
(C) Reinstatement.--In the case of a revocation or
reduction of, or condition on, the grant-in-aid of a student
athlete under this paragraph, an institution may reinstate or
remove any condition placed on such grant-in-aid if the
student athlete subsequently cures or satisfies the reasons
provided by the notice in subparagraph (B).
(D) Former student athletes.--
(i) In general.--With respect to a former student athlete
described in clause (ii), an institution shall provide the
former student athlete--

(I) the opportunity to resume study at the institution for
the purpose of completing the requirements necessary to earn
a degree; and
(II) either--

(aa) the amount of grant-in-aid the former student athlete
received while previously enrolled at the institution and
participating--
(AA) in intercollegiate athletic competition; or
(BB) as a member of a varsity sports team; or
(bb) in the case of grant-in-aid previously awarded solely
on the basis of demonstrated financial need, grant-in-aid
awarded based on the current demonstrated financial need of
the former student athlete.
(ii) Former student athlete described.--A former student
athlete described in this subparagraph is a former student
athlete of an institution who--

(I) was enrolled at the institution during their last year
of eligibility to participate in intercollegiate athletic
competition during the preceding 10-year period;
(II) received grant-in-aid while enrolled at the
institution;
(III) was not subject to the revocation of grant-in-aid
under subparagraph (A)(ii)(I); and
(IV) has not completed the course of study for an
undergraduate degree.

(E) Rule of construction.--Nothing in this paragraph may be
construed to preclude--
(i) an institution from providing additional grant-in-aid
protections for student athletes or former student athletes;
or
(ii) an intercollegiate athletic association, conference,
institution, student athlete, or former student athlete from
requesting or advocating for additional grant-in-aid
protections.
(3) Limitation.--Paragraph (2)(D) shall apply only to
institutions that compete in Division I, as defined by bylaw
20.9 of the National Collegiate Athletic Association, or a
successor bylaw.

SEC. 106. MEDICAL COVERAGE REQUIREMENTS.

(a) In General.--Each Division I institution, as defined by
bylaw 20.9 of the National Collegiate Athletic Association,
or a successor bylaw, each institution whose primary
membership is in Division II or Division III (as so defined)
only with respect to student athletes of the institution who
compete in Division I, or an intercollegiate athletic
association or conference comprised of Division I member
institutions shall provide or cause to be provided--
(1) during the participation of a student athlete in an
intercollegiate sport--
(A) all out-of-pocket medical expenses, such as copayments
or deductibles, for the health care coverage of a student
athlete for any injury or disease incurred through
participation in an intercollegiate sport;
(B) the expense for obtaining a medical second opinion
independent of the institution for any injury or disease the
student athlete incurred through participation in an
intercollegiate sport;
(C) catastrophic injury medical insurance for any injury or
disease incurred through participation in an intercollegiate
sport that exceeds $90,000 in medical costs; and
(D) an end-of-college physical examination for a student
athlete for the purpose of documenting and diagnosing any
injury or condition related to the student athlete's
participation in an intercollegiate sport; and
(2) with respect to a student athlete enrolled at the
institution during their last year of eligibility to
participate in intercollegiate athletic competition, for the
5-year period beginning on the day after the last
intercollegiate competition for the student athlete, the cost
of all out-of-pocket medical expenses of the student athlete
for health care coverage for any injury or disease incurred
through participation in an intercollegiate sport.
(b) Intercollegiate Athletic Association Post-eligibility
Insurance and Catastrophic Injury Fund or Program.--
(1) In general.--An intercollegiate athletic association
comprised of member institutions that compete in Division I,
Division II, or Division III, as defined by bylaw 20 of the
National Collegiate Athletic Association, or a successor
bylaw, on behalf of its member institutions must establish a
fund or program to help cover the cost of--
(A) in the case of a Division I institution that generates
less than $20,000,000 in total annual athletics revenue
during the preceding academic year, compliance with
subsection (a)(2) (or, in the case of a Division II or
Division III institution, voluntary compliance with
subsection (a)(2)), in the event of demonstrated financial
hardship; and
(B) post-eligibility medical expenses for the student
athletes of a member institution who are diagnosed with
significant long-term conditions related to their
participation in an intercollegiate sport, including chronic
traumatic encephalopathy and any other cognitive impairment.
(2) Amount of fund.--
(A) In general.--Subject to increases under subparagraph
(B) and the limitation under subparagraph (C), the
intercollegiate athletic association described in this
subsection shall ensure that the fund or program established
under this subsection is funded at an amount that totals not
less than $60,000,000 on the first day of each academic year.
(B) Subsequent increase.--Subject to the limitation under
subparagraph (C), if the amount funded for the fund or
program established under this subsection is depleted for an
academic year, that amount for the next academic year shall
be increased by $5,000,000 as compared to the amount for the
previous academic year.
(C) Limitation.--The amount funded for the fund or program
established under this subsection shall not exceed
$100,000,000.
(3) Use of collective media rights.--In ensuring that the
fund or program established under paragraph (2) is adequately
funded, an intercollegiate athletic association may use the
collective media rights revenue from a covered entity, in
accordance with section 5(d)(3) of the Sports Broadcasting
Act of 1961, as added by section 203.
(c) Rule of Construction.--Nothing in this section may be
construed to preclude--
(1) an intercollegiate athletic association, conference, or
institution from providing or causing to be provided to
student athletes medical coverage in addition to the medical
coverage required by subsection (a); or
(2) an intercollegiate athletic association from exceeding
$60,000,000 for the fund or program established in subsection
(b) for any academic year.

SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS.

(a) Establishment of Standards.--Not later than 270 days
after the date of the enactment of this Act, each
institution, conference, and intercollegiate athletic
association shall adhere to standards to protect student
athletes from sports-related serious injury, conditions, and
death, including--
(1) brain injury, by adhering to the concussion management
practices, protocols, and legislation of the National
Collegiate Athletic Association effective January 15, 2024,
and as amended to strengthen protections for student
athletes;
(2) heat-related illness, by adhering to the American
College of Sports Medicine Expert Consensus Statement on
Exertional Heat Illness: Recognition, Management, and Return
to Activity (April 2023), and as amended to strengthen
protections for student athletes;
(3) rhabdomyolysis, in accordance with the guidelines of
the National Collegiate Athletic Association for exertional
rhabdomyolysis published in 2025, and as amended to
strengthen protections for student athletes; and
(4) for any student athlete who is identified with--
(A) sickle cell trait, by following the guidelines
published by the National Collegiate Athletic Association in
2025, and as amended to strengthen protections for student
athletes; and
(B) asthma, by following the guidelines of the National
Athletic Trainers' Association Position Statement: Management
of Asthma in Athletes (September 2005), and as amended to
strengthen protections for student athletes.
(b) Measures To Prevent, Assess, and Remediate Abuse or
Misconduct.--Each institution, conference, and
intercollegiate athletic association shall take reasonable
actions to prevent, assess, and remediate--
(1) abuse or hazing of any student athlete, including
physical and sexual abuse; and
(2) sexual assault, sexual misconduct, and sexual
harassment.
(c) Provision of Information on Contact for Student Athlete
Ombudsman.--
(1) Intercollegiate athletic association.--An
intercollegiate athletic association shall provide to student
athletes information on how to contact the Office of the
Student Athlete Ombudsman, as established in section 108, on
the internet website of the association.
(2) Institution.--At the beginning of each academic year,
an institution shall provide to student athletes information
on how to locate the website specified under paragraph (1) or
a link to the website and information on how to contact the
Office of the Student Athlete Ombudsman, as established in
section 108.
(d) Athletic Health and Safety Officers.--
(1) In general.--Each institution shall designate an
employee, who is independent of the athletic department, as
the athletic health and safety officer for the institution.
(2) Reporting.--The athletic health and safety officer
designated under paragraph (1) shall report to an employee of
the institution who is independent of the athletic
department.
(3) Officer responsibilities.--An employee who is
designated by an institution under paragraph (1) as an
athletic health and safety officer shall be responsible for,
at a minimum--

[[Page S4810]]

(A) overseeing implementation of the applicable
requirements the institution is subject to under this
section, including any applicable training, oversight
practices, policies, and procedures; and
(B) consulting with student athletes and athletic
department personnel and reporting any suspected violations
of this section to the employee specified under paragraph
(2).
(e) Independence of Medical Professionals.--
(1) In general.--Medical personnel, including athletic
trainers, physical therapists, and physicians, shall have the
autonomous, unchallengeable authority to determine medical
management and return to play decisions for student athletes
under their care at an institution.
(2) Limitation on nonmedical personnel.--No coach or other
nonmedical personnel of an institution may attempt to
influence or disregard the decisions of medical personnel
with respect to the medical management and return to play
decisions for student athletes under their care at the
institution.
(f) Rule of Construction.--Nothing in this section may be
construed to preclude--
(1) an intercollegiate athletic association, conference,
institution, or State from establishing additional health,
wellness, and safety standards to protect student athletes,
including additional sexual assault, sexual misconduct, and
sexual harassment standards in addition to those specified in
subsection (b); or
(2) an intercollegiate athletic association, conference,
institution, or student athletes from requesting or
advocating for additional health, wellness, and safety
standards to protect student athletes.
(g) Intercollegiate Athletic Association Oversight.--An
intercollegiate athletic association shall take reasonable
actions to ensure that its member institutions comply with
this section.

SEC. 108. OFFICE OF THE STUDENT ATHLETE OMBUDSMAN.

(a) In General.--An intercollegiate athletic association
shall establish an office to support student athletes, known
as the ``Office of the Student Athlete Ombudsman'' (in this
section referred to as the ``Office'').
(b) Duties.--The Office shall--
(1) provide independent advice to student athletes at no
cost about the applicable requirements of this title and the
amendments made by this title, including with respect to
their rights and responsibilities and the resources
available;
(2) assist in the resolution of student athlete concerns
regarding the intercollegiate athletic association,
conferences, or institutions;
(3) provide independent advice to student athletes with
respect to the role, responsibility, authority, and
jurisdiction of the intercollegiate athletic association,
conferences, or institutions;
(4) provide student athletes with current contact
information for external third-party resources for student
athletes;
(5) provide independent advice to student athletes with
respect to the relative value of engaging legal counsel;
(6) develop standard language to explain the rights and
responsibilities of student athletes under this Act that
institutions shall be required to conspicuously display in
common areas where student athletes congregate, such as
locker rooms, dormitories, or study areas, to ensure that
student athletes are properly informed of their rights,
responsibilities, and ability to contact the Ombudsman; and
(7) as appropriate, develop curricula to educate student
athletes on their rights and responsibilities under this Act
that is capable of being shared through in person or online
classes, training sessions, or other means.
(c) Administration.--An intercollegiate athletic
association shall hire and provide salary, benefits, and
administrative expenses for an Ombudsman and support staff
for the Office.
(d) Confidentiality.--
(1) In general.--The Office shall maintain as confidential
any information communicated or provided to the Office in
confidence in any matter involving the exercise of the
official duties of the Office.
(2) Exception.--The Office may, with the permission of the
parties involved, disclose information described in paragraph
(1) as necessary to resolve or mediate a dispute.
(3) Application.--The confidentiality requirements under
this subsection shall not apply to information--
(A) as necessary to comply with applicable reporting
requirements mandated by Federal law;
(B) relating to a felony personally witnessed by a member
of the Office;
(C) if necessary to protect an individual at imminent risk
of serious harm; or
(D) with the permission of the parties involved, as
necessary to resolve or mediate a dispute.
(4) Judicial and administrative proceedings.--
(A) In general.--The Ombudsman and any staff of the Office
shall not be compelled to testify or produce evidence in any
judicial or administrative proceeding with respect to any
matter involving the exercise of the duties of the Office.
(B) Confidentiality.--Any memorandum, work product, notes,
or case file of the Office--
(i) shall be confidential; and
(ii) shall not be--

(I) subject to discovery, subpoena, or any other means of
legal compulsion; or
(II) admissible as evidence in a judicial or administrative
proceeding.

(5) Prohibition on retaliation.--No employee, contractor,
agent, volunteer, or member of an intercollegiate athletic
association, a conference, or an institution shall take or
threaten to take any action against a student athlete as a
reprisal for disclosing information to or seeking assistance
from the Office.
(e) Independence in Carrying Out Duties.--The board of
directors or other governing board or committee of an
intercollegiate athletic association, a conference, or an
institution shall not prevent or prohibit the Office from
carrying out any duty or responsibility under this section.

SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES,
SERVICES, AND EVENTS.

Intercollegiate athletic associations and conferences shall
maintain comparable standards for medical care, lodging,
meals, rest, transportation, publicity and promotion, and, if
applicable, athletic facilities for championship events or
tournaments, across similarly situated men's and women's
athletic programs.

SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING
TRANSITIONS.

(a) In General.--An individual who serves, or has served at
any point during a competitive season, as football athletic
personnel for a varsity sports team for intercollegiate
football at an institution shall not, during that same
competitive season, perform for another institution any
duties or responsibilities customarily associated with a head
coach of a varsity sports team for intercollegiate football,
including, at a minimum--
(1) recruiting or contacting prospective or current student
athletes;
(2) directing, participating in, or materially influencing
recruiting strategy or evaluations;
(3) directing, participating in, or materially influencing
roster management decisions, including decisions relating to
transfers;
(4) facilitating, coordinating, negotiating, or otherwise
materially influencing name, image, and likeness activities
involving student athletes;
(5) directing, supervising, or materially influencing
coaching staff or team operations;
(6) participating in practice planning, game preparation,
strategic decision-making, or on-field activities;
(7) publicly representing the institution in an
intercollegiate football-related capacity in a manner that
reflects or implies authority over the intercollegiate
football program; and
(8) undertaking any other activity customarily associated
with a head coach of a varsity sports team for
intercollegiate football.
(b) Application.--Subsection (a) shall apply without regard
to title, formal designation, compensation structure,
employment status, or timing of any public announcement, and
the applicable intercollegiate athletic association may
prohibit any arrangement that, in substance or effect,
provides an individual described in subsection (a) with
authority or responsibilities customarily exercised by a head
coach.
(c) Determination of Ineligibility.--An individual
described in subsection (a) who accepts employment,
appointment, or designation as head coach of a varsity sports
team for intercollegiate football at another institution
during the same competitive season is ineligible to
participate in intercollegiate athletic competition for
intercollegiate football as head coach for the hiring
institution through the conclusion of the competitive season,
including any postseason competition, of the prior
institution or the hiring institution, whichever occurs
later.
(d) Penalties for Non-compliance.--In the event an
individual who accepts employment, appointment, or
designation as head coach of a varsity sports team for
intercollegiate football at another institution violates this
section, that individual shall be ineligible to assume the
duties as head coach of the varsity sports team for
intercollegiate football at the hiring institution for the
subsequent competitive season after the season in which the
violation occurred and be subject to additional penalties
sufficient to ensure compliance with this section.
(e) Application.--This section applies only to institutions
that compete in the Football Bowl Subdivision, as defined by
bylaw 20.9.9 of the National Collegiate Athletic Association,
or a successor bylaw.
(f) Definitions.--In this section:
(1) Applicable intercollegiate athletic association.--The
term ``applicable intercollegiate athletic association''
means only an intercollegiate athletic association that has
at least one member institution that is a member of the
Football Bowl Subdivision, as defined by bylaw 20.9.9 of the
National Collegiate Athletic Association, or a successor
bylaw.
(2) Competitive season.--The term ``competitive season''
means the period beginning with the first regularly scheduled
intercollegiate athletic competition for intercollegiate
football for an institution during a season and ending with
the conclusion of the final intercollegiate athletic
competition for intercollegiate football for the institution
during that season.
(3) Football athletic personnel.--The term ``football
athletic personnel'' means any individual employed by,
contracted with, or otherwise engaged by an institution

[[Page S4811]]

who provides coaching, instruction, recruiting, roster
management, or training as the head coach or a coordinator,
including an offensive, defensive, or special teams
coordinator, of student athletes who are members of or
participate with the varsity sports team for intercollegiate
football of the institution.
(4) Intercollegiate football.--The term ``intercollegiate
football''--
(A) means football played between institutions for which
eligibility requirements for participation by a student
athlete are established by an intercollegiate athletic
association; and
(B) does not include a recreational, intramural, or club
sport.

SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE
ATHLETIC ASSOCIATION GOVERNING BOARDS.

(a) In General.--Not less than 1/3 of the membership and
voting power of any board of directors or other governing
board, or committees with authority to establish and enforce
rules or bylaws shall be comprised of current student
athletes or former student athletes who have graduated from
their institution during the preceding 10-year period.
(b) Limitation.--
(1) A former student athlete who is a current or former
employee of an intercollegiate athletic association, a
conference, or a member institution may not count towards the
student athlete membership requirement pursuant to subsection
(a); and
(2) no member of any such board or committee shall vote on
any matter that presents a conflict of interest for such
member.

SEC. 112. TRANSFER PROTECTIONS.

An institution, a conference, an intercollegiate athletic
association, or any representative of such entity shall
permit a student athlete to transfer from one four-year
institution to another four-year institution--
(1) once without losing or delaying eligibility to
participate in intercollegiate sports;
(2) except as provided in paragraph (3), a second time with
a loss of eligibility to participate in intercollegiate
sports during the first academic year following the transfer;
and
(3) additionally, without losing or delaying eligibility to
participate in intercollegiate sports, upon--
(A) discontinuation of a sport in which the student athlete
competes;
(B) the departure of the head coach of the student
athlete's varsity sports team;
(C) sexual assault or harassment of the student athlete by
an individual associated with the student athlete's
institution; or
(D) the student athlete pursuing a graduate degree.

SEC. 113. ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
SPORTS.

(a) In General.--An individual is eligible to participate
on a Division I or Division II (as defined by bylaw 20 of the
National Collegiate Athletic Association, or a successor
bylaw) varsity sports team or in intercollegiate athletic
competition for a Division I or Division II institution (as
defined by bylaw 20 of the National Collegiate Athletic
Association, or a successor bylaw) if the individual--
(1) is a student athlete;
(2) meets uniform academic standards established by the
relevant intercollegiate athletic association, conference, or
institution;
(3) is not a professional athlete; and
(4) complies with established rules that restrict
eligibility for violations of State or Federal law.
(b) Years of Eligibility.--
(1) In general.--Subject to paragraph (2), a student
athlete is eligible to compete in intercollegiate athletic
competition for a Division I or Division II institution (as
defined by bylaw 20 of the National Collegiate Athletic
Association, or a successor bylaw) for a maximum of 5
calendar years beginning on, whichever occurs first--
(A) the beginning of the academic year following the 19th
birthday of the student athlete; or
(B) the date the student athlete initially enrolls full
time at an institution.
(2) Exceptions.--Paragraph (1) does not apply during a
period of absence for any of the following:
(A) Reasons of pregnancy.
(B) Religious mission.
(C) Active-duty military service.
(D) Other periods of absence, which may include serious
athletic injury or medical condition, adopted by rule or
bylaw by an intercollegiate athletic association that apply
uniformly to all student athletes.
(c) Restrictions on Eligibility.--
(1) In general.--An intercollegiate athletic association or
a conference may restrict the eligibility of a student
athlete to participate in intercollegiate sports if the
student athlete--
(A) used an illegal or performance enhancing drug; or
(B) participated in sports wagering activities or sports-
related event contracts.
(2) Code of conduct.--An institution may restrict the
eligibility of a student athlete to participate in
intercollegiate sports if the student athlete violated the
code of conduct of the institution that applies to all
students.
(d) Clarification on Youth Activities and Prize Money.--For
purposes of subsection (a)(3)--
(1) a student athlete who competes in basketball shall not
be considered a professional athlete based on their
participation in athletic competitions prior to, whichever
occurs first--
(A) the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls full
time at an institution; and
(2) a student athlete who competes in a sport other than
football or basketball shall not be considered a professional
athlete based solely on the amount of prize money the student
athlete received based on place finish or performance in an
athletic event before or after enrollment in an institution,
so long as--
(A) the prize money was provided only by the sponsor of the
athletics event; and
(B) the sponsor of the athletics event is not an
institution, employee of an institution, volunteer of an
institution, collective, or an associated entity.
(e) Transfer From 2-year Institution.--No intercollegiate
athletic association or conference shall require a student
athlete who transfers from a 2-year institution to a 4-year
institution to meet additional or more stringent academic
standards than the academic standards required for student
athletes who transfer from a 4-year institution.
(f) Rule of Construction.--Nothing in this section shall be
construed to restrict the ability of an institution to--
(1) require student athletes to meet or maintain academic
standards that are in addition to, or more stringent than,
the standards described in subsection (a) if such standards
are required of all students enrolled at the institution;
(2) discipline or sanction a student athlete for violating
a rule, regulation, or code of conduct that applies to all
students enrolled at the institution; or
(3) discipline or sanction a student athlete for violating
a rule, regulation, or a code of conduct that applies to all
student athletes participating in intercollegiate athletic
competition at that institution.

SEC. 114. PROHIBITED COMPENSATION AND AGREEMENTS.

(a) Certain Agreements and Compensation Prohibited.--
(1) Prohibition.--An institution, an employee of an
institution, a volunteer of an institution, a conference, an
employee of a conference, or an associated entity shall not--
(A) except as provided in paragraph (2) and subsection (b),
arrange, provide, offer, or permit, directly or indirectly,
compensation in an amount that would circumvent or result in
the institution exceeding the revenue share cap to--
(i) a student athlete, a group of student athletes, or
their family members; or
(ii) a prospective student athlete, a group of prospective
student athletes, or their family members;
(B) except for a name, image, and likeness agreement
between a student athlete and an institution or between a
prospective student athlete and an institution, enter into a
name, image, and likeness agreement with a student athlete or
prospective student athlete that is not--
(i) for a valid business purpose; and
(ii) commensurate with compensation paid by third parties
to individuals with a similar profile, reputation, or
notability who are not student athletes or prospective
student athletes at the institution; or
(C) provide compensation for any purpose to a prospective
student athlete prior to enrollment in an institution, but
nothing in this subparagraph shall prohibit an institution
from providing compensation to attend a development camp or
program if that camp or program is open to non-prospective
student athletes and such compensation does not exceed the
reasonable costs of attendance.
(2) Retention fund.--
(A) Retention fund exception.--Except as provided in
subparagraph (B), an institution may exceed the revenue share
cap by not more than $22,500,000 per academic year for the
purpose of retaining a student athlete or group of student
athletes who have spent at least one full competitive season
at the institution.
(B) Non-revenue generating intercollegiate sports
programs.--
(i) In general.--An institution may further exceed the
revenue share cap for the purpose described in subparagraph
(A) by up to an additional $5,000,000 per academic year in
proportion to the amount of name, image, and likeness
compensation provided by the institution through the revenue
share cap described in subsection (a)(1) and the retention
fund amount described in subparagraph (A) to a student
athlete or group of student athletes competing in non-revenue
generating intercollegiate sports programs, including women's
and Olympic intercollegiate sports programs.
(ii) Clarification.--Nothing in clause (i) shall be
interpreted to preclude an institution from providing name,
image, and likeness compensation through the revenue share
cap described in subsection (a)(1) and the retention fund
amount described in subparagraph (A) in excess of $5,000,000
to a student athlete or group of student athletes competing
in non-revenue generating intercollegiate sports programs,
including women's and Olympic intercollegiate sports
programs, provided such compensation complies with
subparagraph (A) and subsection (a)(1).
(C) Time limitation.--The exception described in
subparagraph (A) shall apply only during the nine-year period
beginning on the date of the enactment of this Act.

[[Page S4812]]

(D) Academic success limitation.--An institution shall not
be eligible for the exception described in subparagraph (A)
if the institution fails to meet uniform benchmarks
established by the relevant intercollegiate athletic
association or conference related to graduation rates and the
academic progress of its student athletes participating in a
varsity sports program.
(b) Personal Athletic and Education Benefits Permitted.--An
intercollegiate athletic association, a conference, an
institution, or any representative thereof shall not,
pursuant to the Injunctive Relief Settlement Agreement
approved by the court in ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025),
restrict the ability of a student athlete enrolled at an
institution to receive compensation from an intercollegiate
athletic association, an institution, a conference, or an
associated entity, for personal benefits related to education
or intercollegiate athletics, if those benefits are--
(1) reasonable costs of transportation and temporary
lodging for family members of a student athlete while the
student athlete is experiencing a documented physical or
mental health concern or participating in an intercollegiate
athletic competition;
(2) reasonable costs for meals, shelter, medical coverage,
and medical expenses not provided or covered by the
institution; or
(3) reasonable education-related financial benefits, such
as institution fees, books, or other incidental educational
expenses that are not otherwise provided by the institution.
(c) Multimedia Rights Holders, Sponsors, Apparel Companies,
and Vendors.--In the case of a name, image, and likeness
agreement involving, or brokered by, a multimedia rights
holder, or a sponsor of the institution in which the student
athlete is enrolled or plans to enroll that has a commercial
relationship with the institution, an apparel company that
has a commercial relationship with the institution, or a
vendor for the athletic department or athletic facilities
that has a commercial relationship with the institution--
(1) the multimedia rights holder shall provide a signed
certification to the intercollegiate athletic association or
its designated enforcement entity affirming that the
institution in which the student athlete is enrolled or plans
to enroll is not the originating source of the compensation
to be paid to the student athlete or prospective student
athlete and that payment of the compensation is not coming
directly or indirectly from the institution;
(2) the third party or the sponsor, apparel company, or
vendor benefitting from the name, image, and likeness of the
student athlete or prospective student athlete shall provide
a signed certification to the intercollegiate athletic
association or its designated enforcement entity affirming
that it is the originating source of the compensation to be
paid to the student athlete, that it did not receive funds,
directly or indirectly, from the institution in which the
student athlete is enrolled or plans to enroll for the
purpose of financing the agreement, that the institution did
not forgo funds due from the third party or the sponsor,
apparel company, or vendor for the purpose of financing the
agreement, and that the institution did not negotiate for and
determine the amount of compensation to be paid to the
student athlete or prospective student athlete through the
agreement; and
(3) the institution at which the student athlete is
enrolled or plans to enroll, if required by the
intercollegiate athletic association or its designated
enforcement entity, shall provide a signed certification to
the intercollegiate athletic association or its designated
enforcement entity that the institution is not circumventing
the revenue share cap through the name, image, and likeness
agreement, or negotiating for and determining the amount of
compensation to be paid to the student athlete or prospective
student athlete through the agreement.
(d) Valid Business Purpose.--Except for a name, image, and
likeness agreement with an institution, a name, image, and
likeness agreement with a student athlete shall be for a
valid business purpose.
(e) Payments to Coaches and Managers.--
(1) In general.--An institution described in paragraph (2)
may not compensate or otherwise provide or promise any type
of payment or benefit of more than $500,000 to any coach,
assistant coach, general manager, or other person who coaches
or manages a varsity sports team by using, diverting,
budgeting, or otherwise obtaining funds from any source other
than college sports revenue or a donation or contribution to
the athletic department of the institution.
(2) Institution described.--An institution described in
this paragraph is an institution with more than $80,000,000
in total annual athletics revenue during the preceding
academic year.
(f) Institution Defined.--In this section, the term
``institution'' means--
(1) an institution of higher education, as that term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001); and
(2) an institution that is a party to, through membership
in a conference or otherwise, ``In Re College Athlete NIL
Litigation'', No. 20-cv-03919 (N.D. Cal. June 6, 2025), or
has opted in to the Injunctive Relief Settlement in that
case.

SEC. 115. CONGRESSIONAL APPROVAL OF CONTINUATION OF REVENUE
SHARE CAP AND RETENTION FUND.

(a) Continuation Upon Congressional Approval.--
(1) Cessation absent approval.--Except as provided in
paragraph (2), if the covered settlement agreement expires or
terminates but no joint resolution of approval relating to
the notice of the expiration or termination is enacted into
law during the applicable congressional approval period, the
provisions of section 114 relating to the revenue share cap,
and, notwithstanding section 114(a)(2)(C), the retention
fund, shall--
(A) in the case of an expiration--
(i) cease to have force or effect on the date of such
expiration, if the applicable congressional approval period
ends before that date; or
(ii) if the applicable congressional approval period ends
after the date of such expiration, at the end of the
applicable congressional approval period; or
(B) in the case of a termination, remain in effect without
interruption notwithstanding such termination until, and
cease to have force or effect at, the end of the applicable
congressional approval period.
(2) Continuation upon approval.--If a joint resolution of
approval relating to the notice of the expiration or
termination is enacted into law, the provisions of section
114 relating to the revenue share cap and, only if specified
in the joint resolution of approval, the retention fund, in
effect immediately before such expiration or termination or
at the time the notice is provided to Congress pursuant to
subsection (b), subject to paragraph (3), shall continue in
effect without interruption beginning on the date of such
expiration or termination.
(3) Recalculation of revenue share cap dollar amount.--In
the first 2 years following a continuation under paragraph
(2), the revenue share cap shall increase by 4 percent each
year over the previous year's amount. In the third year
following a continuation under paragraph (2), and every 3
years thereafter, the revenue share cap shall be recalculated
based on 22 percent of the Average Shared Revenue based on
the most recent Membership Financial Reporting System Reports
available, or, if the covered settlement agreement is
modified, pursuant to the amendment provision specified in
paragraph 55 of that settlement, pursuant to the calculation
process in effect immediately before the expiration or
termination of the covered settlement agreement or at the
time the notice is provided to Congress pursuant to
subsection (b). In each of the 2 years following each such
recalculation, the revenue share cap shall increase by 4
percent each year over the previous year's amount. For
purposes of this paragraph, all information used to calculate
the revenue share cap pursuant to the covered settlement
agreement, or as modified pursuant to the amendment provision
specified in paragraph 55 of that settlement, shall be
subject to a publicly available, independent third-party
audit to verify the accuracy of such information for purposes
of complying with this subsection.
(b) Notice to Congress.--
(1) Scheduled expiration.--Not later than 180 calendar days
before the date on which the covered settlement agreement is
scheduled to expire, the defendant parties, or in the case of
disagreement, a majority of defendant parties, to the covered
settlement agreement shall transmit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives a written notice of the scheduled expiration.
If the scheduled expiration date is established less than 180
calendar days before that date, any defendant party to the
covered settlement agreement shall transmit the notice not
later than 1 calendar day after the scheduled expiration date
is established.
(2) Early termination.--Not later than 1 calendar day after
the date on which the defendant parties to the covered
settlement become aware of a court order that provides for
the termination of the covered settlement agreement before
its scheduled expiration, any defendant party to the covered
settlement agreement shall transmit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives a written notice of the termination.
(3) Contents.--A notice under this subsection shall
include--
(A) the scheduled, expected, or actual date of the
expiration or termination, if known, and the basis for the
expiration or termination; and
(B) the dollar amounts and material terms of the revenue
share cap in effect, or expected to be in effect, immediately
before the expiration or termination.
(4) Date of receipt.--Congress receives a notice under this
subsection on the date on which both the President pro
tempore of the Senate and the Speaker of the House of
Representatives receive the notice. In the event a notice is
not provided to Congress under this subsection, notice shall
be deemed to have been received by Congress not later than 3
calendar days after the date of the expiration or termination
of the covered settlement agreement.
(5) Deemed receipt.--Notwithstanding paragraph (4), for
purposes of this section, a notice required under this
subsection received after the expiration or termination of
the covered settlement agreement shall be deemed to have been
received by Congress on the date on which covered settlement
agreement expired or terminated.
(c) Joint Resolution of Approval.--

[[Page S4813]]

(1) Applicable congressional approval period.--With respect
to a notice under subsection (b), the term ``applicable
congressional approval period'' means the 30-calendar-day
period beginning on the date on which Congress receives the
notice, except that the congressional approval period shall
immediately terminate upon the passage a of a joint
resolution of approval by the Senate and the House of
Representatives.
(2) Joint resolution of approval.--For purposes of this
section, the term ``joint resolution of approval'' means only
any joint resolution--
(A) that is introduced not later than 10 calendar days
after the date on which Congress receives the notice under
subsection (b) to which the joint resolution relates;
(B) that does not have a preamble;
(C) the title of which is either of the following:
(i) ``Joint resolution approving the continuation of the
revenue share cap and retention fund under the Protect
College Sports Act of 2026''; or
(ii) ``Joint resolution approving the continuation of the
revenue share cap under the Protect College Sports Act of
2026''; and
(D) the sole matter after the resolving clause of which is
either of the following:
(i) for a joint resolution with a title described in
subparagraph (C)(i): ``That Congress approves, under section
115 of the Protect College Sports Act of 2026, the
continuation, after the expiration or termination described
in the notice received by Congress on __________