September 29, 2025
Ms. Cantwell (for herself, Mr. Booker, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To protect the name, image, and likeness rights of, and provide protections for, student athletes, and for other purposes.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Student Athlete Fairness and Enforcement Act
.
(b) Table of contents
The table of contents for this Act is as follows:
Sec. 2. Definitions
In this Act:
(1) 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).
(2) Athletic association
(A) In general
The term athletic association means any organization or other group organized in the United States that—
(i)
has multiple conferences and institutions as members;
(ii)
sponsors or arranges college athletic competitions between institutions;
(iii)
sets common rules, standards, procedures, or guidelines for the administration of college athletic competition; and
(iv)
is not a conference.
(B) Inclusions
The term athletic association includes—
(i)
the National Collegiate Athletic Association; and
(ii)
any other national intercollegiate athletic association.
(3) Athletic department
The term athletic department means a department at, or a component of, an institution responsible for managing one or more varsity intercollegiate sports programs.
(4) College athletic competition
The term college athletic competition means any varsity game, meet, or other competition between or among athletic teams sponsored by institutions.
(5) College athletic event
The term college athletic event—
(A)
means a game, meet, competition, banquet, practice, conditioning session, media session, or any other event that has been organized or authorized by an athletic department, conference, or athletic association, regardless of whether such event occurs on or off the campus of an institution or during or outside the season for competition; and
(B)
includes team travel to and from any such event.
(6) Commensurate with other compensation
The term commensurate with other compensation means compensation at rates and terms commensurate with compensation paid to individuals with name, image, and likeness rights of comparable value who are not student athletes or prospective student athletes with respect to such institution.
(7) Commission
The term Commission means the Federal Trade Commission.
(8) Compensation
(A) In general
The term compensation means any payment, remuneration, or benefit provided by an institution, third party, or NIL collective to a student athlete.
(B) Exclusions
The term compensation does not include payment or provision of the following:
(i)
Grant-in-aid.
(ii)
Awards for education-related expenses.
(iii)
Amounts (including reimbursements) for expenses related to meals, lodging, childcare, emergency family expenses, transportation, and other expenses incidental to participation in a varsity intercollegiate sports program that are available based on uniform standards applicable to all student athletes.
(iv)
Hourly wages and benefits for work performed outside of participation in a varsity intercollegiate sports program at a rate commensurate with the prevailing rate in the relevant State or locality for similar work.
(v)
Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) and other Federal and State grants unrelated to, and not awarded with respect to, participation in college athletic competitions.
(vi)
Health insurance and the costs of health care funded by an athletic association, conference, or institution.
(vii)
Disability and loss of value insurance funded by an athletic association, conference, or institution.
(viii)
Career counseling, job placement services, or other guidance available to all students at an institution.
(9) Conference
The term conference means any organization that is not an athletic association and that—
(A)
has 2 or more institutions as members; and
(B)
arranges championships for college athletic competition or sets rules for college athletic competition.
(10) Cost of attendance
The term cost of attendance—
(A)
has the meaning given the 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 each institution by applying the same standards, policies, and procedures for all students at that institution.
(11) Covered compensation
The term covered compensation means compensation provided by an institution, third party, or NIL collective to a student athlete that exceeds $600, including multiple payments, remunerations, or benefits with the same institution, third party, or NIL collective that exceeds a total of $600 over a 12-month period.
(12) Endorsement contract
The term endorsement contract has the meaning given that term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801).
(13) Grant-in-aid
The term grant-in-aid means—
(A)
a scholarship, grant, 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 their undergraduate or graduate education; and
(ii)
is in an amount that does not exceed the cost of attendance and any education-related benefits for such student at the institution; and
(B)
does not include covered compensation.
(14) Image
The term image, with respect to a student athlete, means a photograph, video, computer-generated representation, or other depiction that identifies, is linked to, or is reasonably linkable to the student athlete.
(15) Institution
The term institution has the meaning given the term institution of higher education in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(16) Likeness
The term likeness, with respect to a student athlete, means—
(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.
(17) Name
The term name, with respect to a student athlete, means—
(A)
the first, last, or family name that identifies the student athlete;
(B)
a nickname or assumed name of the student athlete; or
(C)
a username associated with the student athlete on any public facing internet platform.
(18) NIL collective
The term NIL collective—
(A)
means an entity affiliated with an institution that—
(i)
represents, manages, or facilitates endorsement contracts for student athletes in connection with participation by the student athlete on a varsity intercollegiate sports team of the institution; and
(ii)
in the most recent 1-year period, entered into 1 or more endorsement contracts with 1 or more student athletes exceeding $600; and
(B)
includes—
(i)
an individual who is or has been a member, employee, director, owner, officer or other representative of an entity described in subparagraph (A);
(ii)
an individual or entity that has directly or indirectly contributed more than $50,000 over the lifetime of the individual or entity to the athletic program of the institution or to an entity described in subparagraph (A);
(iii)
an individual or entity that is not an employee of or associated with the institution and who is directed or requested by the institution or employees of the institution to assist in the recruitment or retention of student athletes or prospective student athletes; and
(iv)
any entity (other than a publicly traded corporation) owned, controlled, operated by, or otherwise affiliated with an entity or individual described in subparagraph (A) or this subparagraph.
(19) Prospective student athlete
The term prospective student athlete means an individual who is recruited to attend an institution as a student athlete, but has not yet enrolled at an institution.
(20) Student athlete
The term student athlete means a matriculated student at an institution who participates in a varsity intercollegiate sport managed by the institution.
(21) Third party
The term third party means an individual or entity that is—
(A)
not an institution, athletic department, conference, or athletic association; and
(B)
unaffiliated with—
(i)
an athletic department of an institution;
(ii)
a conference; or
(iii)
an athletic association.
(22) Valid business purpose
The term valid business purpose means a purpose related to the promotion of goods or services provided to the general public for profit.
(23) Varsity intercollegiate sport
The term varsity intercollegiate sport means a sport played at the intercollegiate level, administered by an athletic department, for which eligibility requirements for participation by student athletes are established by an athletic association.
Title I Name, image, and likeness protections
Sec. 101. Rights and protections
(a) Student athlete name, image, and likeness rights
(1) In general
Except as explicitly provided in this Act and the amendments made by this Act, an institution, athletic department, conference, athletic association, or any representative of such an entity may not—
(A)
restrict the ability of a student athlete or group of student athletes—
(i)
to market or to earn compensation for the value of their name, image, or likeness;
(ii)
to obtain or to retain an athlete agent or legal representation; or
(iii)
to receive compensation from a third party for—
(I)
reasonable costs of transportation, room, or board for friends or family members of a student athlete to visit the student athlete during any period during which the student athlete is experiencing a documented physical or mental health concern or participating in a college athletic competition;
(II)
reasonable costs for necessities, including food, shelter, medical coverage, and medical expenses; or
(III)
reasonable costs for tuition, fees, books, transportation, or any other incidental expense that is not otherwise provided by the institution;
(B)
limit athletic opportunities for a student athlete on the basis of—
(i)
the student athlete marketing, or earning compensation for the value of, their name, image, or likeness in compliance with this Act and the amendments made by this Act; or
(ii)
the student athlete obtaining representation by an athlete agent or legal representative;
(C)
use receipt of compensation from a third party pursuant to an endorsement contract as a factor in determining (unless to the benefit of the student athlete)—
(i)
the eligibility or opportunity of a student athlete to apply for or receive a grant-in-aid; or
(ii)
the amount, duration, or renewal of the grant-in-aid of a student athlete; or
(D)
revoke, reduce, or decline to renew a grant-in-aid for a student athlete based on the student athlete having entered into an endorsement contract in compliance with this Act and the amendments made by this Act.
(2) Institutional name, image, and likeness
An institution, athletic department, conference, athletic association, or NIL collective may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, and likeness of the student athlete pursuant to an endorsement contract or revenue sharing agreement.
(3) Consent and compensation for group use
An institution, athletic department, conference, athletic association, NIL 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, athletic department, conference, athletic association, NIL collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose.
(4) Notification of rules
An institution shall provide to each student athlete enrolled at the institution, in a timely manner before the start of the regular session or participation of the student athlete in a college athletics program, a list of rules that govern endorsement contracts and receiving covered compensation.
(b) Restrictions
(1) Institution intellectual property restrictions
A student athlete shall not use the facilities, apparel, equipment, uniforms, or intellectual property of an institution, including logos, indicia, registered and unregistered trademarks, and products protected by copyright, for any opportunity to earn compensation for the use of the name, image, or likeness of the student athlete unless expressly permitted by the institution.
(2) Institution-sponsored competition and practices
(A) In general
An institution may prohibit a student athlete from engaging in in-person activities in connection with an endorsement contract that are concurrent with a mandatory college athletic event or college athletic competition.
(B) Activities other than mandatory college athletic events or college athletic competition
An institution may not prohibit, and may not enter into a contract that prohibits, a student athlete from the use of shoes, apparel, or equipment, or carrying out activities pursuant to an endorsement contract, during a period in which the student athlete is not engaged in a mandatory college athletic event or college athletic competition.
(C) Nonapplicability to pre-recorded activities
Subparagraph (A) shall not apply to scheduled social media posts, pre-recorded commercials, and other commercial or business activities that do not take place in person.
(3) Restrictions on endorsement contracts with NIL collectives
An institution, conference, or athletic association shall prohibit an NIL collective from entering into an endorsement contract with a student athlete that is not for a valid business purpose or commensurate with other compensation.
(c) Additional protections
An institution, a conference, or an athletic association may not impose on students athletes restrictions on speech that are more stringent than restrictions on speech imposed on other students enrolled in the institution.
Sec. 102. NIL reporting
(a) Mandatory reporting by student athletes
(1) Enrolled athletes
All Division I student athletes enrolled at an institution are required to report the terms of any endorsement contract for covered compensation to the institution or a reporting entity designated by the institution not later than 5 business days after the date on which the student athlete executes the endorsement contract.
(2) Recruited athletes
With respect to a Division I student athlete who is or may be recruited to attend, but is not yet enrolled in an institution, and who enters into an endorsement contract, the student athlete shall, before signing a letter of intent, provide to the institution a copy of all current endorsement contracts entered into by the student athlete.
(b) Mandatory reporting by institutions
(1) In general
Not later than 60 days after the date on which an academic year ends, each institution with 1 or more varsity intercollegiate sports programs shall submit to their governing athletic association a report that includes, for the academic year, the following:
(A)
The revenues and expenditures of each such sports program, including third-party donations, Federal funds, State funds, and compensation for personnel of each such sports program, individually and in aggregate.
(B)
The average number of hours student athletes spent on college athletic events and college athletic competition, disaggregated by sports program.
(C)
The academic outcomes and majors for student athletes, disaggregated by sports program.
(D)
The number, average, and total value of endorsement contracts entered into between the institution and student athletes, disaggregated by sports program.
(2) 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 reporting obligations under this subsection.
(c) Mandatory reporting by associations
Not later than 120 days after the date on which an academic year ends, each athletic association shall post publicly on an internet website of the athletic association a report that includes the information reported to the association by institutions pursuant to subsection (b).
(d) Mandatory annual reporting by NIL collectives
Each NIL collective shall, not later than 30 days after first entering into or arranging an endorsement contract, submit to each athletic association that governs any institution with which the NIL collective is affiliated, if any, the following:
(1)
The name and contact information for the NIL collective, including a telephone number, email address, and, if available, a website address.
(2)
The address of the principal place of business of the NIL collective.
(3)
A description of the type of business and business activity of the NIL collective, including whether it operates as a nonprofit and the varsity intercollegiate sports programs covered under its activities.
(4)
A description of the institution or institutions with which the NIL collective is affiliated or with respect to which the NIL collective engages in an endorsement contract or contracts with students of the institution or institutions.
(5)
A description of the relationship of the NIL collective with any varsity intercollegiate sports program, including any coordination with an institution.
Sec. 103. Endorsement contract requirements
(a) In general
The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is amended—
(1)
in section 2—
(A)
by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and
(B)
by inserting after paragraph (2) the following:
(3) Athletic association
The term athletic association has the meaning given that term in section 2 of the Student Athlete Fairness and Enforcement Act.; and
(2)
by inserting after section 3 the following:
3A. Endorsement contract requirements
(a) Endorsement contract requirements
An endorsement contract with a student athlete must—
(1)
be in writing;
(2)
plainly state that the student athlete has the right to obtain or retain an athlete agent or legal representation with respect to the endorsement contract;
(3)
state the name of each party to the endorsement contract;
(4)
state a description of services rendered and the terms of the endorsement contract;
(5)
state the amount of compensation to be provided to the student athlete under the endorsement contract; and
(6)
not be for a term that extends beyond the eligibility of the student athlete to participate in varsity intercollegiate sport.
(b) Effect of compliance
An endorsement contract with a student athlete that does not comply with the requirements under subsection (a) shall be void at the option of the student athlete.
(c) Rescission of contract
A student athlete who no longer participates in an intercollegiate sport program as a result of a determination of ineligibility by an athletic association may rescind an endorsement contract with a remaining term of 1 year or longer—
(1)
without being held liable for breach; and
(2)
with no obligation to return payments or compensation received before giving notice of the rescission.
(d) Privacy protections
(1) Prohibition on disclosure of endorsement contracts
Except as explicitly provided by this Act or the Student Athlete Fairness and Enforcement Act, an institution (or a reporting entity designated by the institution), third party, or NIL collective may not disclose an endorsement contract or any term of an endorsement contract publicly or to any individual who is not party to the endorsement contract without the express written consent of the student athlete that is party to the endorsement contract unless—
(A)
the endorsement contract or the term has already been disclosed publicly by the student athlete or their athlete agent or legal representative; or
(B)
required to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal or State authorities.
(2) Consent requirements
Written consent under paragraph (1) shall state the individual or entity to which the institution (or a reporting entity designated by the institution), third party, or NIL collective may disclose the endorsement contract or term of the contract, any permitted subsequent disclosures of the contract, and the purpose of the disclosure.
(3) Non-applicability of open records laws
Endorsement contracts or other financial information provided by a student athlete or an athlete agent of a student athlete to an institution shall not be subject to Federal or State open records laws.
(e) Definitions
In this section, the terms compensation, institution, NIL collective, and third party have the meanings given those terms in section 2 of the Student Athlete Fairness and Enforcement Act.
(b) Clerical amendment
The table of contents for the Sports Agent Responsibility and Trust Act is amended by inserting after the item relating to section 3 the following:
Sec. 104. Student athlete sports agent reform
(a) In general
The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.), as amended by section 103, is further amended—
(1)
in section 2 (15 U.S.C. 7801), by amending paragraph (1) to read as follows:
(1) Agency contract
The term agency contract means a written agreement—
(A)
in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports contract or an endorsement contract; and
(B)
that—
(i)
states the name of each party to the agreement;
(ii)
states the term of the agreement;
(iii)
states the registration information for the athlete agent; and
(iv)
states the fee or commission charged by the athlete agent.;
(2)
in section 3 (15 U.S.C. 7802)—
(A)
in subsection (a)—
(i)
in paragraph (2), by striking ; or
and inserting a semicolon;
(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)
represent a student athlete for an endorsement contract without entering into agency contract;
(5)
represent a student athlete for an endorsement contract without the athlete agent first registering as an agent with a State and certifying to an athletic association governing the intercollegiate sport the student athlete participates in that the athlete agent is registered with a State;
(6)
charge a student athlete a fee in connection with an endorsement contract that exceeds 5 percent of the value of the endorsement contract;
(7)
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;
(8)
entice a student athlete to enroll at an institution (as defined in section 2 of the Student Athlete Fairness and Enforcement Act), transfer to or from an institution, or declare an intent to transfer from an institution by misrepresenting the existence, nature, or value of a name, image, or likeness opportunity the athlete agent can arrange on behalf of the student athlete; or
(9)
make a materially false, misleading, deceptive, or fraudulent representation as an athlete agent or 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 3A, as added by section 103, the following:
3B. Registration and other requirements of athlete agents and athletic associations
(a) Registration requirement
Prior to representing a student athlete for an endorsement contract, a prospective athlete agent must register with a State.
(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) Agent fee cap
Fees charged by an athlete agent in connection with an endorsement contract entered into by a student athlete shall not exceed 5 percent of the value of the endorsement contract.
(d) Certification to athletic associations
(1) Requirement
An athlete agent that represents a student athlete participating in an intercollegiate sport governed by an athletic association must certify to the athletic association that the athlete agent is registered with a State.
(2) Prohibition
It is unlawful for an individual to certify to an athletic association that the individual is an athlete agent if the individual is not registered with a State.
(e) Requirements of athletic associations
(1) Searchable registry
It is unlawful for an athletic association to operate without maintaining a publicly available website that includes a searchable database of athlete agents registered under subsection (a) and certified under subsection (b).
(2) Website
An athletic association shall include on a publicly available website a working link to, or information on how to locate, the website of the Commission.; and
(4)
by inserting after section 5 the following:
5A. Private right of action
(a) In general
Any current or former student athlete alleging a violation of this Act 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)
actual damages;
(2)
reasonable attorney’s fees and litigation costs; and
(3)
any other relief, including equitable or declaratory relief, that the court determines appropriate.
(c) 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.
(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 3A the following:
; and
(2)
by inserting after the item relating to section 5 the following:
Sec. 105. Financial literacy and life skills protections
(a) Financial and contract literacy development program
Each institution may offer a financial and contract literacy development program using its own curriculum or the curriculum developed by an athletic association or conference.
(b) Limitation
A program under subsection (a) may not include any marketing, advertising, referral, or solicitation offers.
Title II Student athlete transfer and draft protections
Sec. 201. Transfer protections
An institution, athletic department, conference, athletic association, or any representative of such an entity shall permit a student athlete to transfer from one institution to another institution—
(1)
twice, without losing or delaying eligibility to participate in varsity intercollegiate sport; and
(2)
additionally upon—
(A)
mutual agreement of the institution from which the student athlete transfers and the student athlete; or
(B)
discontinuation of a sport or material under investment in a sport by that institution impacting the student athlete.
Sec. 202. Professional draft protections
An institution, athletic department, conference, athletic association, or any representative of such an entity may not punish a student athlete based on the student athlete having entered into a professional sports draft, if the student athlete—
(1)
does not receive compensation directly or indirectly, from a professional sports league or team; and
(2)
not later than 7 days after the completion of the draft, declares their intent to resume participation in college athletic competition.
Title III Student athlete health and safety rules and protections
Sec. 301. Student athlete safety standards
(a) Health, welfare, and safety standards
Each institution, conference, and 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 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) Athlete advocate organizations
Each institution, athletic department, conference, and athletic association shall provide student athletes with a list of independent athlete advocate organizations at the beginning of each academic year.
(d) Independent officers of institutions
(1) In general
Each institution shall designate an official, independent from the athletic department of the institution, as the athletic health and safety independent officer for the institution.
(2) Reporting
The health and safety independent officer designated under paragraph (1) for an institution shall report directly to—
(A)
the president or other head officer of the institution; or
(B)
a designee of the president or other head officer of the institution if such designee—
(i)
reports directly to the president or other head officer of the institution;
(ii)
is not an employee of the athletic department of the institution; and
(iii)
does not report to any employee of the athletic department.
(3) Independent officer responsibilities
An employee who is designated by an institution under paragraph (1) as a health and safety independent 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 president or other head officer of the institution.
Sec. 302. Independence of medical professionals
(a) 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.
(b) 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.
Sec. 303. Provision of certain health care benefits for expenses related to participation in a varsity intercollegiate sport
(a) Division I health benefits
Each Division I institution, or an athletic association or conference on behalf of a Division I institution, shall cover the cost of the following:
(1)
During the participation by a student athlete in a varsity intercollegiate sport—
(A)
all out-of-pocket medical expenses, such as copayments or deductibles, for the health care coverage of the student athlete for any injury or disease incurred through participation in a varsity intercollegiate sport;
(B)
the expense of obtaining medical second opinions independent of the institution for any injury or disease incurred through participation in a varsity intercollegiate sport; and
(C)
catastrophic injury medical coverage for any catastrophic injury or disease incurred through participation in a varsity intercollegiate sport that—
(i)
results in or may result in a disability; or
(ii)
exceeds $90,000 in medical costs.
(2)
An end-of-college physical examination for the purpose of documenting and diagnosing any injury or condition related to participation in a varsity intercollegiate sport.
(b) Post-Eligibility coverage
(1) In general
Each institution, or an athletic association or conference on behalf of an institution, shall for the 5-year period beginning on the day after the last college athletic competition for the student athlete, cover 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 a varsity intercollegiate sport.
(2) Athletic association post-eligibility insurance and catastrophic injury fund or program
An athletic association must—
(A)
establish a fund or program to help cover the cost of—
(i)
in the case of an institution generating less than $20,000,000 in total annual athletics revenue during an academic year, compliance with paragraph (1) in the event of demonstrated financial hardship; and
(ii)
medical expenses for student athletes diagnosed with significant long-term conditions related to their participation in a varsity intercollegiate sport, including chronic traumatic encephalopathy and any other cognitive impairment; and
(B)
ensure that the fund or program established under subparagraph (A) is adequately funded.
(c) Notification regarding mental health services
An institution must clearly and conspicuously notify student athletes, not less frequently than annually, of the mental health services available to them on campus.
Title IV Scholarship and coursework protections
Sec. 401. Student athlete scholarship protections
(a) In general
Except as provided in subsection (b), an institution that awards a grant-in-aid to a student athlete shall not reduce or withdraw the grant-in-aid amount, including on the basis of—
(1)
the athletics ability, performance, or contribution of the student athlete to team success;
(2)
an injury or illness or based on a physical or mental medical condition of the student athlete; or
(3)
roster management decisions.
(b) Exceptions
Subsection (a) shall not apply to an individual if the individual—
(1)
does not meet established policies for participating in mandatory team athletic activities for a varsity intercollegiate sport;
(2)
is not in compliance with the code of conduct as applied to all students of the institution;
(3)
is academically ineligible to attend the institution; or
(4)
transfers to another institution.
(c) Notice
An institution shall provide a student athlete with timely written notice with respect to any possible reduction in or loss of a grant-in-aid amount.
(d) Reinstatement
In the case of a revocation of grant-in-aid amounts for an individual pursuant to an exception under subsection (b), an institution may reinstate such amounts if the individual subsequently cures or satisfies the reasons for revocation of those amounts.
(e) Former student athletes
Until the earlier of the end of a 10 academic year period during which an individual is enrolled at an institution or the date on which the individual receives an undergraduate degree, an institution shall continue to provide grant-in-aid amounts covering tuition, books, and fees to any former student athlete who—
(1)
received grant-in-aid amounts while enrolled at the institution;
(2)
has not completed their course of study for an undergraduate degree; and
(3)
was enrolled at the institution during their last year of eligibility for a varsity intercollegiate sport.
Sec. 402. Limitation on influence or retaliation for coursework
(a) In general
An athletic department of an institution or representative thereof may not—
(1)
exert influence over the selection by a student athlete of any course or academic major;
(2)
retaliate against a student athlete based on the selection by the student athlete of any course or academic major; or
(3)
interfere with or discourage any student athlete who seeks to secure employment or internships, participate in student groups or events, or serve as a volunteer, unless such activities interfere with mandatory class time or mandatory college athletic events.
(b) Rule of construction
Subsection (a) may not be construed as preventing an athletic department or representative thereof from—
(1)
informing a student athlete of academic eligibility requirements and mandatory and expected team activities; or
(2)
providing other legitimate academic counseling and support services, in collaboration with the institution, to help student athletes pursue the academic interests of and improve academic outcomes for the student athlete.
Title V Nondiscrimination at tournaments
Sec. 501. Nondiscriminatory access to facilities, services, and events
An athletic association or conference may not discriminate on the basis of sex with regard to the provision of medical care, rest, hotel stays, food, athletic facilities, transportation, and sporting event promotions.
Title VI International student visas
Sec. 601. F visas and employment authorization for international student athletes
(a) F visa category
Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended—
(1)
in clause (ii), by striking and
at the end; and
(2)
in clause (iii), by striking the semicolon at the end and inserting, and (iv) an alien who is or will become a student athlete (as defined in section 2 of the Student Athlete Fairness and Enforcement Act) upon enrollment at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and who intends to enter into an agreement for the commercial use of the alien's name, image, or likeness in exchange for compensation (as defined in section 2 of the Student Athlete Fairness and Enforcement Act);
.
(b) Employment authorization
Section 214(m) of Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end the following:
(3)
A nonimmigrant who obtains the status of a nonimmigrant under clause (iv) of section 101(a)(15)(F) shall be eligible for employment authorization for the purpose of engaging in activities pursuant to an agreement for the commercial use of the name, image, or likeness of the nonimmigrant in exchange for compensation (as defined in section 2 of the Student Athlete Fairness and Enforcement Act).
Title VII Additional revenue support to preserve college sports
Sec. 701. Authority for jersey or uniform patches
(a) Purpose
The purpose of this section is to provide additional revenue for institutions to fund all sports, including Olympic sports and women’s sports, and to discourage institutions from raising tuition or fees on students to pay for the varsity intercollegiate sports programs of those institutions.
(b) Authority
No athletic association or conference shall prohibit an institution or conference from obtaining sponsorship for a single jersey or uniform patch for any sport, if any institution deriving or obtaining revenue from the patch, either individually or through a conference, provides, at a minimum, the same number of roster spots and scholarships for student athletes in non-revenue-generating and women’s varsity intercollegiate sports as the institution provided during the 2023–2024 academic year.
Title VIII Office of the Athlete Ombuds
Sec. 801. Office of the Athlete Ombuds
(a) Establishment
Each athletic association shall establish an office to support student athletes, to be known as the Office of the Athlete Ombuds
.
(b) Duties
The Office of the Athlete Ombuds for an athletic association shall—
(1)
provide independent information and advice to athletes, at no cost, about this Act and the rules, regulations, and policies of the athletic association;
(2)
assist student athletes in the resolution of athlete concerns with respect to the athletic association, conferences, and institutions; and
(3)
direct student athletes to external third-party resources for student athletes, including athlete advocacy organizations.
(c) Confidentiality
(1) In general
Except as provided in paragraph (2), the Office of the Athlete Ombuds for an athletic association shall maintain as confidential any information communicated or provided to the Office of the Athlete Ombuds in confidence in any matter relating to a concern of a student athlete.
(2) Exception
The Office of the Athlete Ombuds may disclose information described in paragraph (1)—
(A)
with the permission of the person who provided the information to the Office of the Athlete Ombuds;
(B)
in response to a subpoena issued by a court of competent jurisdiction; or
(C)
if necessary to protect any person from imminent risk of serious harm.
Title IX College broadcast media rights
Sec. 901. Purpose
The purpose of this title is to provide additional revenue for institutions to fund all sports, including Olympic sports and women’s sports, and to discourage institutions from raising tuition or fees on students to pay for the institutions' varsity intercollegiate sports programs.
Sec. 902. Definitions
(a) References to Sports Broadcasting Act of 1961
In this title, the term Sports Broadcasting Act of 1961 means the Act of September 30, 1961 (15 U.S.C. 1291 et seq.).
(b) Amendments to Sports Broadcasting Act of 1961
Section 5 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1295) is amended—
(1)
by striking As used in this Act,
and inserting the following: “As used in this Act:”persons
means
(7) Persons
The term persons means; and
(2)
by inserting before paragraph (7), as so designated, the following:
(1) College athletic competition
The term college athletic competition has the meaning given the term in section 2 of the Student Athlete Fairness and Enforcement Act.
(2) Designated market area
The term designated market area has the meaning given the term in section 122(j)(2)(C) of title 17, United States Code.
(3) Institution
The term institution has the meaning given the term institution of higher education in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(4) Local designated market area
(A) In general
The term local designated market area means a designated market area that includes the principal campus of an institution that is a member of a participating association.
(B) Publication of list
The Federal Communications Commission shall—
(i)
not later than 180 days after the date of enactment of the Student Athlete Fairness and Enforcement Act, publish a list of designated market areas described in subparagraph (A); and
(ii)
maintain the list described in clause (i) on a public website.
(5) Local outlet option
The term Local Outlet option means the opportunity for not less than 1 outlet to carry a live college athletic competition without charge to viewers within the local designated market area of an institution that is participating in the competition.
(6) Participating association
The term participating association means an association that has entered into a joint agreement described in section 1(b)(1).
Sec. 903. Expansion of Sports Broadcasting Act of 1961 to college sports
(a) In general
Section 1 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1291) is amended—
(1)
by striking That the
and inserting the following:
1. Exemption of certain agreements from antitrust laws
(a) Professional sports
The; and
(2)
by adding at the end the following:
(b) College sports
(1) In general
The antitrust laws, as defined in subsection (a), shall not apply to any joint agreement by or among persons engaging in or conducting organized college athletic competitions, through which an association described in paragraph (2) of institutions participating in any such competition—
(A)
sells or otherwise transfers all or any part of the rights of those institutions in the sponsored telecasting of those competitions; and
(B)
distributes revenues from the sale of those rights, which distribution, in the case of an association described in paragraph (2)(A), is determined in accordance with section 5.
(2) Eligible association
An association described in this paragraph is—
(A)
an association that includes, at a minimum, as of the date on which the joint agreement described in paragraph (1) is entered into—
(i)
each institution that competes in the Football Bowl Subdivision, if the number of such institutions is more than 136;
(ii)
the 136 highest earning institutions by athletics revenue, if the number of institutions that compete in the Football Bowl Subdivision is less than 136; or
(iii)
either each institution that competes in the Football Bowl Subdivision or the 136 highest earning institutions by athletics revenue, if the number of institutions that compete in the Football Bowl Subdivision is 136; or
(B)
an association that does not include any institution described in subparagraph (A).
(b) Technical and conforming amendments
The Sports Broadcasting Act of 1961 is amended—
(1)
in section 2 (15 U.S.C. 1292)—
(A)
by striking Section 1
and inserting Section 1(a)
; and
(B)
by striking in section 1
and inserting in section 1(a)
;
(2)
in section 3 (15 U.S.C. 1293), by striking section 1
each place it appears and inserting section 1(a)
; and
(3)
in section 4 (15 U.S.C. 1294), by striking section 1
and inserting section 1(a)
.
Sec. 904. Committee on intercollegiate sports media rights
The Sports Broadcasting Act of 1961 is amended—
(1)
by redesignating sections 5 and 6 (15 U.S.C. 1295, 1291 note) as sections 8 and 9, respectively; and
(2)
by inserting after section 4 (15 U.S.C. 1294) the following:
5. Committee on intercollegiate sports media rights
(a) Definitions
(1) Terms defined in Student Athlete Fairness and Enforcement Act
In this section, the terms athletic association, conference, student athlete and varsity intercollegiate sport have the meanings given those terms in section 2 of the Student Athlete Fairness and Enforcement Act.
(2) Other terms
In this section:
(A) Collective media rights revenue
The term collective media rights revenue means revenue derived from the sale or transfer of the collective media rights of all member institutions resulting from a joint agreement described in section 1(b)(1).
(B) Committee
The term Committee means the committee established under subsection (b).
(C) Member institution
The term member institution means an institution that is a member of an association described in section 1(b)(2)(A) that enters into a joint agreement described in section 1(b)(1).
(b) Establishment
There is established within the National Collegiate Athletic Association a committee with authority over—
(1)
the marketing and negotiation of the sale or transfer of the collective media rights of all member institutions; and
(2)
the distribution of collective media rights revenue to member institutions.
(c) Membership
(1) Selection
The members of the Committee shall be selected by the presidents of member institutions.
(2) Number
Notwithstanding any other rule of the National Collegiate Athletic Association for the establishment, selection, composition, or membership of any body, committee, or board of the association, or the weight of the vote of any member of such body, committee, or board, the Committee shall consist of 14 voting members having 1 vote each.
(3) Representation
(A) Current or former student athletes
(i) In general
2 members of the Committee shall be student athletes who—
(I)
are student athletes as of the date of their selection for the Committee; or
(II)
were student athletes during the 5-year period preceding the date of their selection for the Committee.
(ii) Athletes in sports other than football and basketball
Not less than 1 individual selected for the Committee under clause (i) shall be a current or former student athlete who plays or played a varsity intercollegiate sport other than football or basketball.
(B) No employees of conferences or athletic associations
No individual who is a current or former employee of a conference or athletic association may be selected for the Committee.
(C) Limit on employees and representatives of certain institutions and conferences
Not more than 4 members of the Committee may be employees or representatives of—
(i)
an institution that is among the 70 institutions with the highest athletics revenue during the 2024–2025 academic year; or
(ii)
the Southeastern Conference, the Big Ten Conference, the Big 12 Conference, or the Atlantic Coast Conference, or any successors thereto, including employees or representatives of any institution that is a member of such a conference.
(D) HBCU representative
(i) In general
Not less than 1 member of the Committee shall be a representative of a historically Black college or university.
(ii) Definition
For purposes of clause (i), the term historically Black college or university means a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(E) Non-revenue sport representative
Not less than 1 member of the Committee, other than a member selected under subparagraph (A)(i), shall be associated with a varsity intercollegiate sport other than football, basketball, or another revenue-generating sport.
(F) Non-football institution
Not less than 1 member of the Committee shall be an employee or representative of an institution that does not sponsor a varsity intercollegiate football team.
(G) Non-power conference representatives
Three members of the Committee shall be representatives of conferences other than the Southeastern Conference, the Big Ten Conference, the Big 12 Conference, or the Atlantic Coast Conference, or any successors thereto.
(H) Title IX expert
Not less than 1 member of the Committee shall be an academic who—
(i)
is a recognized expert on title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and
(ii)
is not an employee of—
(I)
a conference; or
(II)
the athletic department of a member institution.
(I) Consumer advocate
Not less than 1 member of the Committee shall be a consumer advocate with expertise in providing sports content to fans.
(d) Attorney or other representative
The Committee may retain or select an attorney, agent, person, or entity to engage in marketing or negotiation on behalf of the Committee.
(e) Distribution of media rights revenue to institutions
(1) Method
Not less frequently than once each academic year, the Committee shall, by vote of a majority of the members, determine the method of distribution of collective media rights revenue among member institutions.
(2) Requirements
The method of distribution of collective media rights revenue determined under paragraph (1) shall ensure that—
(A)
each member institution receives more collective media rights revenue during each academic year than the institution received during the 2024–2025 academic year; and
(B)
each member institution is able to offer and maintain the same number of scholarships and roster spots for non-revenue-generating varsity intercollegiate sports programs and women’s varsity intercollegiate sports programs during each academic year as the institution provided during the 2023–2024 academic year.
(f) Institutional allocation of media rights revenue
Any member institution that receives collective media rights revenue shall offer and maintain at least as many scholarships and roster spots for non-revenue-generating varsity intercollegiate sports programs and women’s varsity intercollegiate sports programs during each academic year as the institution provided during the 2023–2024 academic year.
(g) Distribution requirement
Not later than 30 days after receiving a payment of collective media rights revenue from a media rights partner, the National Collegiate Athletic Association shall distribute the collective media rights revenue to member institutions in accordance with the method determined under subsection (e)(1).
(h) Publication of distribution
Not later than 30 days after distributing collective media rights revenue to member institutions, the National Collegiate Athletic Association shall publicly post on its website the amount of revenue distributed to each member institution.
Sec. 905. Market level broadcast access for college football and basketball
The Sports Broadcasting Act of 1961 is amended by inserting after section 5 (as added by section 904 of this Act) the following:
6. Market-level broadcast access for college football and basketball
(a) Requirement of local outlet option
(1) In general
As a condition of the exemption under section 1(b)(1), a participating association shall make available, on a non-exclusive basis, for each college athletic competition in football or basketball, not less than 1 Local Outlet option in the local designated market area of each institution participating in the competition.
(2) Rule of construction
Nothing in paragraph (1) shall be construed to require carriage of a college athletic competition by more than 1 Local Outlet in a given designated market area.
(b) Good faith negotiation
(1) In general
Each participating association, and any network, distributor, or licensee holding market-level rights or seeking Local Outlet option rights to college athletic competitions described in subsection (a), shall negotiate in good faith to fulfill the requirement of that subsection.
(2) Enforcement
The Federal Communications Commission shall have jurisdiction over complaints alleging a violation of paragraph (1).
Sec. 906. Streaming rights utilization requirement for college sports other than football and basketball
The Sports Broadcasting Act of 1961 is amended by inserting after section 6 (as added by section 905 of this Act) the following:
7. Streaming rights utilization requirement for college sports other than football and basketball
(a) Requirement of use
A broadcast network, streaming platform, or other distributor to which any streaming or digital distribution rights to college athletic competitions in sports other than football or basketball are sold, licensed, or otherwise conveyed by a participating association or its member institutions 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.
(b) Reversion of rights
(1) In general
If a broadcast network, streaming platform, or other distributor to which streaming or digital distribution rights are sold, licensed, or otherwise conveyed as described in subsection (a) does not use, or materially underutilizes, 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 rights shall automatically revert to the originating association or institution.
(2) Reconveyance
Upon the reversion of rights under paragraph (1), the originating association or institution 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.
Sec. 907. Limitation on renegotiation or extension of existing media rights contracts
(a) In general
A contract for media rights between an athletic association, conference, or institution described in subsection (b) and a network, distributor, or licensee that is in effect on October 1, 2025, may not be renegotiated or extended before the expiration date in the contract, without regard to any provision in the contract that authorizes an extension before the expiration date.
(b) Covered entities
An athletic association, conference, or institution described in this subsection is—
(1)
an athletic association that is eligible to enter into a joint agreement described in subsection (b)(1) of section 1 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1291), as added by section 902 of this Act, regardless of whether the athletic association has entered into such a joint agreement; or
(2)
a conference or institution that is a member of an athletic association described in paragraph (1).
Title X Enforcement and oversight
Sec. 1001. Commission enforcement and oversight
(a) Enforcement by the Commission
(1) In general
A violation of a provision or amendment contained in title I, II, IV, or V or section 302 or 303 of this Act or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the Commission
(A) In general
Except as provided in subparagraph (C), the Commission shall enforce titles I, II, IV, and V of this Act and the amendments made by those titles in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
(B) Privileges, and immunities
Except as provided in subparagraph (C), any person who violates title I, II, IV, or V of this Act or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(C) Nonprofit organizations
Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members.
(D) Authority preserved
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
(b) Oversight of student athlete rights and protections
The Commission shall, with respect to the implementation of titles I, II, IV, and V of this Act, report any potential violations of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) to the Office for Civil Rights of the Department of Education.
Sec. 1002. Enforcement by States
(a) Civil action
In any case in which the attorney general or a consumer protection officer of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by a person engaging in an act or practice that violates a provision or amendment contained in title I, II, III, IV, or V of this Act, the attorney general or a consumer protection officer of the State may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or in an appropriate State court to—
(1)
enjoin such act or practice;
(2)
enforce compliance with any such provision or amendment;
(3)
obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or
(4)
obtain such other relief as the court may consider appropriate.
(b) Rights of the Commission
(1) Notice to the Commission
(A) In general
Except as provided in subparagraph (C), the attorney general or a consumer protection officer of a State, before initiating a civil action under subsection (a) shall notify the Commission in writing that the attorney general or consumer protection officer intends to bring such civil action.
(B) Contents
The notification required by subparagraph (A) shall include a copy of the complaint to be filed to initiate the civil action.
(C) Exception
If it is not feasible for the attorney general or a consumer protection officer of a State to provide the notification required by subparagraph (A) before initiating a civil action under subsection (a), the attorney general or consumer protection officer shall notify the Commission immediately upon instituting the civil action.
(2) Intervention by the Commission
The Commission may—
(A)
intervene in any civil action brought by the attorney general or a consumer protection officer of a State under subsection (a); and
(B)
upon intervening—
(i)
be heard on all matters arising in the civil action; and
(ii)
file petitions for appeal.
(c) Preservation of State powers
No provision of this section shall be construed as altering, limiting, or affecting the authority of an attorney general or a consumer protection officer of a State to—
(1)
bring an action or other regulatory proceeding arising under the law in effect in that State; or
(2)
exercise the powers conferred on the attorney general or consumer protection officer by the laws of the State, including the ability to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documents or other evidence.
(d) Venue; service of process
(1) Venue
Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code, or an appropriate State court.
(2) Service of process
In an action brought under subsection (a), process may be served in any district in which the defendant—
(A)
is an inhabitant; or
(B)
may be found.
(e) Savings provision
Nothing in this section may be construed to prohibit an attorney general or a consumer protection officer of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
Sec. 1003. Private right of action
(a) Violations
Any person alleging a violation of a provision or amendment contained in section 101 or 103 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)(1) in which the plaintiff prevails, the court may award—
(1)
actual damages;
(2)
reasonable attorney’s fees and litigation costs; and
(3)
any other relief, including equitable or declaratory relief, that the court determines appropriate.
(c) 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 or an amendment made by 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.
Sec. 1004. Whistleblower protections
(a) In general
An institution, conference, or athletic association, or any agent thereof, shall not, directly or indirectly, discharge, demote, suspend, diminish or withdraw benefits from, threaten, harass, or in any other manner discriminate against or adversely impact a covered individual because—
(1)
the covered individual, or anyone perceived as assisting the covered individual, takes (or the institution suspects that the covered individual has taken or will take) a lawful action in providing to an agency of the Federal Government, the attorney general of a State, a law enforcement agency, or health care provider information relating to any act or omission that the covered individual reasonably believes to be a violation of this Act, any amendment made by this Act, or any regulation prescribed to carry out this Act or any amendment made by this Act;
(2)
the covered individual provides information that the covered individual reasonably believes evidences such a violation to—
(A)
a person with supervisory authority over the covered individual at the institution; or
(B)
another individual working for the institution, a conference, or an athletic association who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation;
(3)
the covered individual testifies (or the institution expects that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; or
(4)
the covered individual assists or participates (or the institution expects that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding, or the covered individual takes any other action to assist in carrying out the purposes of this Act or the amendments made by this Act.
(b) Enforcement
An individual who alleges any adverse action in violation of subsection (a) may bring an action for a jury trial in the appropriate district court of the United States for the following relief:
(1)
Temporary relief while the case is pending.
(2)
Reinstatement with the same seniority status that the individual would have had, but for the adverse action.
(3)
Three times the amount of back pay otherwise owed to the individual, with interest.
(4)
Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees.
(c) Waiver of rights and remedies
The rights and remedies provided for in this section shall not be waived by any policy form, condition of employment, or athletic agreement or participation, including any pre-dispute arbitration agreement.
(d) Pre-Dispute arbitration agreements
No pre-dispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section.
(e) Covered individual defined
In this section, the term covered individual means a current or former student athlete, or a current or former employee, contractor, subcontractor, service provider, or agent of an institution, conference, or athletic association.
Title XI General provisions
Sec. 1101. Authorization of appropriations
There is authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.
Sec. 1102. Relationship to existing law
(a) Relationship to State laws
(1) Preemption
No State or political subdivision of a State may establish or continue in effect any law or regulation that governs or regulates, or invalidates policies or rules of, an institution, athletic department, conference, or athletic association that—
(A)
relates to—
(i)
the rights of a student athlete to receive compensation for the use of their name, image, or likeness;
(ii)
the rights of a student athlete to receive additional reasonable benefits from third parties;
(iii)
transfers of student athletes between institutions; or
(iv)
caps on fees charged by athlete agents; or
(B)
is in conflict with this Act or the amendments made by this Act.
(2) Preservation of State laws regarding restricted industries
Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any provision of State law concerning restrictions on student athletes entering into endorsement contracts for alcohol, tobacco, vaping, marijuana, gambling, or similar products.
(3) Preservation of State Uniform Athlete Agent Acts
Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any Uniform Athlete Agent Act of a State.
(4) Preservation of common law or statutory causes of action for civil relief
Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any Federal or State common law rights or remedies, or any statute creating a remedy for civil relief.
(5) Preservation of certain State laws
Nothing in this Act or the amendments made by this Act, or any standard, rule, requirement, assessment, law, or regulation prescribed under this Act or the amendments made by this Act, shall be construed to preempt, displace, or supplant any generally applicable State law or regulation relating to consumer protection, antitrust, trademarks, or copyright.
(b) Relationship to Federal trademark and copyright law
Nothing in this Act or the amendments made by this Act may be construed to override, modify, or amend the applicability of Federal trademark or copyright law.
(c) Rule of construction
An institution that is exempt from taxation under section 115 of the Internal Revenue Code of 1986 shall not be considered a political subdivision of a State for purposes of this section.
Sec. 1103. Severability
If any provision of this Act or an amendment made by this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act and the application of such provision or amendment to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.