TEXT OF AMENDMENTS

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: September 17, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

Bills and resolutions: S. 4668 (119th Congress), S. 4784 (119th Congress)
Committees: Committee on Commerce, Science, and Transportation, Committee on Health, Education, Labor, and Pensions, Committee on Energy and Commerce

Readable version of the official text

SA 6775. Mrs. GILLIBRAND (for herself, Mr. Schiff, and Mr. Merkley)

submitted an amendment intended to be proposed by her to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 119(f), add at the end the following:

(3) Exception.—This subsection shall not apply to any

civil action that is based in whole or in part upon

allegations of physical injury, death, or sexual abuse or

misconduct.

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

Strike all after the enacting clause and insert the

following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.—This Act may be cited as the “Protect

College Sports Act of 2026”.

(b) Table of Contents.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION

Sec. 100. Definitions. Sec. 101. Name, image, and likeness protections. Sec. 102. Modifications to Sports Agent Responsibility and Trust Act. Sec. 103. Agent registry requirements for intercollegiate athletic

associations. Sec. 104. Disclosures and establishment of name, image, and likeness

agreement database. Sec. 105. Academic protections. Sec. 106. Medical coverage requirements. Sec. 107. Health, wellness, and safety standards. Sec. 108. Office of the Student Athlete Ombudsman. Sec. 109. Comparable standards for access to facilities, services, and

events. Sec. 110. Rules governing certain mid-season coaching transitions. Sec. 111. Student athlete representation on intercollegiate athletic

association governing boards. Sec. 112. Transfer protections. Sec. 113. Eligibility to participate in intercollegiate sports. Sec. 114. Prohibited compensation and agreements. Sec. 115. Congressional approval of continuation of revenue share cap

and retention fund. Sec. 116. Commission on the Future of College Athletics. Sec. 117. Recruitment and tampering. Sec. 118. Limitation on liability. Sec. 119. Private right of action. Sec. 120. Whistleblower protection. Sec. 121. Relationship to existing law. Sec. 122. Neutrality on employee or non-employee status. Sec. 123. Applicability. Sec. 124. Severability. Sec. 125. Protection of women's sports and Olympic sports. Sec. 126. Mid-sized conference representation on intercollegiate

athletic association governing boards.
Sec. 127. Title IX savings clause.
Sec. 128. Protecting opportunities for American student athletes.

TITLE II—SPORTS BROADCASTING

Sec. 201. Definitions. Sec. 202. Limitation on liability for transmission of collegiate sports

competitions. Sec. 203. Requirements for entities selling media rights. Sec. 204. Market level broadcast access for college football and

basketball. Sec. 205. Prohibition on certain conference mergers or acquisition. Sec. 206. Amendments to intercollegiate and interscholastic football

contest limitations. Sec. 207. Media rights utilization requirement for college sports other

than football and basketball.

TITLE III—HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM

Sec. 301. Short title. Sec. 302. Grants for improvement of broadband, technology, media, and

sports broadcast infrastructure of HBCUs.
Sec. 303. Grant uses.
Sec. 304. Coordination.
Sec. 305. Reports and evaluation.
Sec. 306. Definitions.
Sec. 307. Authorization of appropriations.

TITLE I—PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION

SEC. 100. DEFINITIONS.

In this title:

(1) Antitrust laws.—The term “antitrust laws” has the

meaning given that term in the 1st section of the Clayton Act

(15 U.S.C. 12) and includes—

(A) section 5 of the Federal Trade Commission Act (15

U.S.C. 45) to the extent that such section 5 applies to

unfair methods of competition; and

(B) any similar State antitrust law, including a State law

provision that applies to covering unfair methods of

competition having the force and effect of law.

(2) Associated entity.—The term “associated entity”

means any individual or entity, including a collective,

that—

(A) is known, or was known, or should have been known to

the athletics department staff of an institution to exist, in

significant part, for the purpose of—

(i) promoting or supporting a particular institution's

intercollegiate athletics program or student athletes; or

(ii) creating or identifying name, image, and likeness

opportunities solely for a particular institution's student

athletes;

(B) is or was a member, employee, director, officer, owner,

or agent of an individual or entity described in subparagraph

(A);

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—

(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

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

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;

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

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.

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”;

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

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.

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.

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;

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.

(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

(2) Exception.—

(A) In general.—An institution may revoke, reduce, or

condition the grant-in-aid of a student athlete or former

student athlete who—

(i) transfers to another institution; or

(ii) does not remain in good standing in accordance with—

(I) the standards or code of conduct of the institution

applicable to all students;

(II) the established athletics program policies for

participating in mandatory team

athletic activities for a varsity sports team; or

(III) the academic standards for athletic eligibility.

(B) Notice.—An institution shall provide a student athlete

with timely written notice with respect to any possible

revocation or reduction of, or condition on, the grant-in-aid

or athletic eligibility of the student athlete.

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;

(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;

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.

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.

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.

Ombudsman.—

(1) Intercollegiate athletic association.—An

intercollegiate athletic association shall provide to student

athletes information on how to contact the Office of the

Student Athlete Ombudsman, as established in section 108, on

the internet website of the association.

(2) Institution.—At the beginning of each academic year,

an institution shall provide to student athletes information

on how to locate the website specified under paragraph (1) or

a link to the website and information on how to contact the

Office of the Student Athlete Ombudsman, as established in

section 108.

(d) Athletic Health and Safety Officers.—

(1) In general.—Each institution shall designate an

employee, who is independent of the athletic department, as

the athletic health and safety officer for the institution.

(2) Reporting.—The athletic health and safety officer

designated under paragraph (1) shall report to an employee of

the institution who is independent of the athletic

department.

(3) Officer responsibilities.—An employee who is

designated by an institution under paragraph (1) as an

athletic health and safety officer shall be responsible for,

at a minimum—

(A) overseeing implementation of the applicable

requirements the institution is subject to under this

section, including any applicable training, oversight

practices, policies, and procedures; and

(B) consulting with student athletes and athletic

department personnel and reporting any suspected violations

of this section to the employee specified under paragraph

(2).

(e) Independence of Medical Professionals.—

(1) In general.—Medical personnel, including athletic

trainers, physical therapists, and physicians, shall have the

autonomous, unchallengeable authority to determine medical

management and return to play decisions for student athletes

under their care at an institution.

(2) Limitation on nonmedical personnel.—No coach or other

nonmedical personnel of an institution may attempt to

influence or disregard the decisions of medical personnel

with respect to the medical management and return to play

decisions for student athletes under their care at the

institution.

(f) Rule of Construction.—Nothing in this section may be

construed to preclude—

(1) an intercollegiate athletic association, 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.

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;

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.

described in subsection (a) who accepts employment,

appointment, or designation as head coach of a varsity sports

team for intercollegiate football at another institution

during the same competitive season is ineligible to

participate in intercollegiate athletic competition for

intercollegiate football as head coach for the hiring

institution through the conclusion of the competitive season,

including any postseason competition, of the prior

institution or the hiring institution, whichever occurs

later.

(d) Penalties for Non-compliance.—In the event an

individual who accepts employment, appointment, or

designation as head coach of a varsity sports team for

intercollegiate football at another institution violates this

section, that individual shall be ineligible to assume the

duties as head coach of the varsity sports team for

intercollegiate football at the hiring institution for the

subsequent competitive season after the season in which the

violation occurred and be subject to additional penalties

sufficient to ensure compliance with this section.

(e) Application.—This section applies only to institutions

that compete in the Football Bowl Subdivision, as defined by

bylaw 20.9.9 of the National Collegiate Athletic Association,

or a successor bylaw.

(f) Definitions.—In this section:

(1) Applicable intercollegiate athletic association.—The

term “applicable intercollegiate athletic association”

means only an intercollegiate athletic association that has

at least one member institution that is a member of the

Football Bowl Subdivision, as defined by bylaw 20.9.9 of the

National Collegiate Athletic Association, or a successor

bylaw.

(2) Competitive season.—The term “competitive season”

means the period beginning with the first regularly scheduled

intercollegiate athletic competition for intercollegiate

football for an institution during a season and ending with

the conclusion of the final intercollegiate athletic

competition for intercollegiate football for the institution

during that season.

(3) Football athletic personnel.—The term “football

athletic personnel” means any individual employed by,

contracted with, or otherwise engaged by an institution

who provides coaching, instruction, recruiting, roster

management, or training as the head coach or a coordinator,

including an offensive, defensive, or special teams

coordinator, of student athletes who are members of or

participate with the varsity sports team for intercollegiate

football of the institution.

(4) Intercollegiate football.—The term “intercollegiate

football”—

(A) means football played between institutions for which

eligibility requirements for participation by a student

athlete are established by an intercollegiate athletic

association; and

(B) does not include a recreational, intramural, or club

sport.

SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE

ATHLETIC ASSOCIATION GOVERNING BOARDS.

(a) In General.—Not less than 1/3 of the membership and

voting power of any board of directors or other governing

board, or committees with authority to establish and enforce

rules or bylaws shall be comprised of current student

athletes or former student athletes who have graduated from

their institution during the preceding 10-year period.

(b) Limitation.—

(1) A former student athlete who is a current or former

employee of an intercollegiate athletic association, a

conference, or a member institution may not count towards the

student athlete membership requirement pursuant to subsection

(a); and

(2) no member of any such board or committee shall vote on

any matter that presents a conflict of interest for such

member.

SEC. 112. TRANSFER PROTECTIONS.

An institution, a conference, an intercollegiate athletic

association, or any representative of such entity shall

permit a student athlete to transfer from one 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;

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.

(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.

(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

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).

subparagraph (A) shall apply only during the nine-year period

beginning on the date of the enactment of this Act.

(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.

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.

(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;

(i) “Joint resolution approving the continuation of the

revenue share cap and retention fund under the Protect

College Sports Act of 2026”; or

(ii) “Joint resolution approving the continuation of the

revenue share cap under the Protect College Sports Act of

2026”; and

(D) the sole matter after the resolving clause of which is

either of the following:

(i) for a joint resolution with a title described in

subparagraph (C)(i): “That Congress approves, under section

115 of the Protect College Sports Act of 2026, the

continuation, after the expiration or termination described

in the notice received by Congress on , of the

revenue share cap and retention fund in effect immediately

before such expiration or termination or at the time the

notice was provided to Congress pursuant to subsection (b) of

that section, and of the provisions of section 114 of such

Act relating to that cap and fund.”; or

(ii) for a joint resolution with a title described in

subparagraph (C)(ii): “That Congress approves, under section

115 of the Protect College Sports Act of 2026, the

continuation, after the expiration or termination described

in the notice received by Congress on , of the

revenue share cap in effect immediately before such

expiration or termination or at the time the notice was

provided to Congress pursuant to subsection (b) of that

section, and of the provisions of section 114 of such Act

relating to that cap.”.

(3) Date in resolving text.—The date inserted in the blank

in paragraph (2)(D)(i) or (2)(D)(ii) shall be the date on

which Congress receives the notice under subsection (b) to

which the joint resolution relates.

(4) Introduction.—A joint resolution of approval may be

introduced in either House of Congress by any Member of that

House.

(d) Fast Track Consideration in House of Representatives.—

(1) Reconvening.—Upon receipt of a notice under subsection

(b), the Speaker of the House of Representatives, if the

House would otherwise be adjourned, shall notify the Members

of the House that, pursuant to this section, the House shall

convene not later than the second calendar day after receipt

of the notice.

(2) Referral, reporting, and discharge.—A joint resolution

of approval introduced in the House of Representatives shall

be referred to the Committee on Energy and Commerce. The

committee shall report the joint resolution to the House not

later than 10 calendar days after the date on which Congress

receives the notice under subsection (b) to which the joint

resolution relates. If the committee fails to report the

joint resolution within that period, the committee shall be

discharged from further consideration of the joint resolution

and the joint resolution shall be referred to the appropriate

calendar.

(3) Proceeding to consideration.—After the committee

referred to in paragraph (2) reports a joint resolution of

approval to the House or is discharged from its

consideration, it shall be in order, not later than the 16th

day after the date on which Congress receives the notice

under subsection (b) to which the joint resolution relates,

to move to proceed to consider the joint resolution in the

House. All points of order against the motion are waived.

Such a motion shall not be in order after the House has

disposed of a motion to proceed on the joint resolution. The

previous question shall be considered as ordered on the

motion to its adoption without intervening motion. The motion

shall not be debatable. A motion to reconsider the vote by

which the motion is disposed of shall not be in order.

(4) Consideration.—The joint resolution shall be

considered as read. All points of order against the joint

resolution and against its consideration are waived. The

previous question shall be considered as ordered on the joint

resolution to its passage without intervening motion except 2

hours of debate equally divided and controlled by the

proponent and an opponent. A motion to reconsider the vote on

passage of the joint resolution shall not be in order.

(e) Fast Track Consideration in Senate.—

(1) Reconvening.—Upon receipt of a notice under subsection

(b), if the Senate has adjourned or recessed for more than 2

days, the majority leader of the Senate, after consultation

with the minority leader of the Senate, shall notify the

Members of the Senate that, pursuant to this section, the

Senate shall convene not later than the fifteenth calendar

day after receipt of the notice.

(2) Placement on calendar.—Upon introduction in the

Senate, a joint resolution of approval shall be placed

immediately on the calendar.

(3) Floor consideration.—

(A) In general.—It is in order at any time during the

period beginning on the 10th day after the date on which

Congress receives the notice under subsection (b) to which

the joint resolution relates to move to proceed to the

consideration of the joint resolution. The motion to proceed

is privileged and not debatable. All points of order against

the joint resolution and against consideration of the joint

resolution are waived. The motion is not subject to a motion

to postpone. A motion to reconsider the vote by which the

motion is agreed to or disagreed to shall not be in order. If

a motion to proceed to the consideration of the joint

resolution is agreed to, the joint resolution shall remain

the unfinished business until disposed of.

(B) Debate.—Except as otherwise provided in this

paragraph, the joint resolution shall be debatable and shall

be subject to rule XXII of the Standing Rules of the Senate.

If cloture is invoked on the joint resolution, post-cloture

consideration of the joint resolution shall be limited to not

more than 10 hours, which shall be divided equally between

the majority and minority leaders or their designees. After

cloture is invoked, a motion further to limit debate is in

order and not debatable. An amendment to, or a motion to

postpone, or a motion to proceed to the consideration of

other business, or a motion to recommit, the joint resolution

is not in order.

resolution, the vote on passage shall occur immediately

following the conclusion of the period of post-cloture

consideration under subparagraph (B) and, if requested in

accordance with the rules of the Senate, a single quorum

call.

(D) Rulings of the chair on procedure.—Appeals from the

decisions of the Chair relating to the application of the

rules of the Senate to the procedure relating to a joint

resolution shall be decided without debate.

(f) Rules Relating to Senate and House of

Representatives.—

(1) Coordination with action by other house.—If, before

the passage by one House of a joint resolution of approval of

that House, that House receives from the other House a joint

resolution of approval relating to the same notice under

subsection (b), the following procedures shall apply:

(A) The joint resolution of the other House shall not be

referred to a committee.

(B) With respect to the joint resolution of the House

receiving the joint resolution—

(i) the procedure in that House shall be the same as if no

joint resolution had been received from the other House; but

(ii) the vote on passage shall be on the joint resolution

of the other House.

(2) Treatment of joint resolution of other house.—If one

House fails to introduce or consider a joint resolution of

approval under this section, the joint resolution of approval

of the other House shall be entitled to expedited floor

procedures under this section.

(3) Treatment of companion measures.—If, following passage

of a joint resolution of approval in the Senate, the Senate

then receives the companion measure from the House of

Representatives, the companion measure shall not be

debatable.

(4) Rules of house of representatives and senate.—This

subsection and subsections (c), (d), and (e) are enacted by

Congress—

(A) as an exercise of the rulemaking power of the Senate

and the House of Representatives, respectively, and as such

are deemed a part of the rules of each House, respectively,

but applicable only with respect to the procedure to be

followed in that House in the case of a joint resolution of

approval, and supersede other rules only to the extent that

they are inconsistent with such rules; and

(B) with full recognition of the constitutional right of

either House to change the rules, so far as relating to the

procedure of that House, at any time, in the same manner and

to the same extent as in the case of any other rule of that

House.

(g) Covered Settlement Agreement Defined.—In this section,

the term “covered settlement agreement” means the

Injunctive Relief Settlement Agreement approved by the court

in “In Re College Athlete NIL Litigation”, No. 20-cv-03919

(N.D. Cal. June 6, 2025) or as modified pursuant to the

amendment provision specified in paragraph 55 of that

settlement.

SEC. 116. COMMISSION ON THE FUTURE OF COLLEGE ATHLETICS.

(a) Commission on the Future of College Athletics.—

(1) In general.—There is established within the

legislative branch a commission, to be known as the

“Congressional Commission on the Future of College

Athletics” (referred to in this section as the

“Commission”), for the purpose of providing recommendations

on the future of college athletics.

(2) Purpose.—The purpose of the commission is to provide

recommendations for the future of college athletics.

(b) Membership.—

(1) Composition.—Subject to paragraph (2), the Commission

shall be composed of 24 members, of whom—

(A) 4 members shall be appointed by the chair of the

Committee on Commerce, Science, and Transportation of the

Senate, in consultation with the chair of the Committee on

Health, Education, Labor, and Pensions of the Senate, of

which at least 1 member shall be a student athlete or former

student athlete;

(B) 4 members shall be appointed by the ranking member of

the Committee on Commerce, Science, and Transportation of the

Senate, in consultation with the ranking member of the

Committee on Health, Education, Labor, and Pensions of the

Senate, of which at least 1 member shall be a student athlete

or former student athlete;

Committee on Energy and Commerce of the House of

Representatives, in consultation with the chair of the

Committee on Education and Workforce of the House of

Representatives, of which at least 1 member shall be a

student athlete or former student athlete;

(D) 4 members shall be appointed by the ranking member of

the Committee on Energy and Commerce of the House of

Representatives, in consultation with the ranking member of

the Committee on Education and Workforce of the House of

Representatives, of which at least 1 member shall be a

student athlete or former student athlete;

(E) 1 member shall be a current or former student athlete

appointed by the majority leader of the Senate, in

consultation with the chair of the Committee on Commerce,

Science, and Transportation of the Senate and the chair of

the Committee on Health, Education, Labor, and Pensions of

the Senate;

(F) 1 member shall be a current or former student athlete

appointed by the minority leader of the Senate, in

consultation with the ranking member of the Committee on

Commerce, Science, and Transportation of the Senate and the

ranking member of the Committee on Health, Education, Labor,

and Pensions of the Senate;

(G) 1 member shall be a current or former student athlete

appointed by Speaker of the House of Representatives, in

consultation with the chair of the Committee on Energy and

Commerce of the House of Representatives and the chair of the

Committee on Education and Workforce of the House of

Representatives;

(H) 1 member shall be a current or former student athlete

appointed by the minority leader of the House of

Representatives, in consultation with the ranking member of

the Committee on Energy and Commerce of the House of

Representatives and the ranking member of the Committee on

Education and Workforce of the House of Representatives;

(I) 1 member shall be a representative of a historically

Black college or university, appointed by the majority leader

of the Senate;

(J) 1 member shall be a representative of a historically

Black college or university, appointed by the Speaker of the

House of Representatives;

(K) 1 member shall be a representative of a mid-sized

conference, appointed by the majority leader of the Senate;

and

(L) 1 member shall be a representative of a mid-sized

conference, appointed by the Speaker of the House of

Representatives.

(2) Requirements.—Members of the Commission shall be

individuals who are nationally recognized for expertise,

knowledge, or experience in matters related to college

athletics, university administration, sports law, labor law,

athlete welfare, sports economics, health care, or sports

medicine.

(3) Co-chairs, executive director, and staff.—

(A) Co-chairs.—The Commission shall have 2 co-chairs, of

whom—

(i) 1 co-chair shall be a member selected by the majority

party; and

(ii) 1 co-chair shall be a member selected by the minority

party.

(B) Executive director and staff.—The co-chairs of the

Commission shall appoint an executive director of the

Commission and such staff as appropriate, with compensation.

(4) Historically black college or university defined.—In

this subsection, the term “historically Black college or

university” has the meaning given the term “part B

institution” in section 322 of the Higher Education Act of

1965 (20 U.S.C. 1061).

(5) Mid-sized conference defined.—In this subsection, the

term “mid-sized conference” means any conference that has

generated less than $500,000,000 in total annual revenue

during the preceding academic year.

carrying out the duties of the Commission—

(1) hold such hearings and sit and act at such times and

places, take such testimony, receive such evidence, and

administer such oaths as the Commission considers relevant to

the purpose of the Commission; and

(2) require, by subpoena issued upon a majority vote of the

Commission, the attendance and testimony of such witnesses

and the production of such books, records, correspondence,

memoranda, papers, and documents as the Commission considers

relevant to the purpose of the Commission, provided that the

Commission shall take such action as may be necessary and

appropriate to preserve the confidentiality of trade secrets

or other confidential information of conferences,

intercollegiate athletic associations, institutions, or other

entities the Commission deems appropriate.

(d) Duties.—The duties of the Commission are as follows:

(1) To study and develop recommendations regarding—

(A) an alternative structure for providing compensation for

student athletes, including consideration of the positive and

negative implications associated with a collective bargaining

structure and employment status for student athletes,

(B) protecting and preserving athletic opportunities for

student athletes, particularly in non-revenue generating,

women's, and Olympic sports intercollegiate athletic

programs;

spending or cost limitations;

(D) whether to eliminate, extend, or change the revenue

share cap and retention fund described in section 114(a)(2),

including consideration of the calculation of the revenue

share cap and additional categories of revenue that should be

included in such calculation;

(E) compliance with endorsement contract reporting

requirements established by an athletic association or a

conference;

(F) adequacy of health, wellness, and safety standards

established pursuant to this title and compliance with those

standards by institutions, including a review of violations

of this title, student athlete injuries, student athlete

deaths, the adequacy of the independent reporting structure

of the athletic health and safety officers, and the

independence of medical personnel decisions, and

consideration of options for additional health, wellness, and

safety standards and increased oversight (including by a

third-party oversight organization) to improve compliance and

enforcement of health, wellness, and safety standards;

(G) the adequacy of the athlete agent provisions of this

title;

(H) the extent to which student athletes experience abuse

or mistreatment and measures that could protect student

athletes from such abuse or mistreatment, including

consideration of options for greater oversight (including by

a third-party oversight organization) to reduce instances of

abuse and mistreatment;

(I) the benefits of the intercollegiate athletic system,

including consideration of how the balance of education and

athletics impacts the life skills, educational opportunities,

leadership skills, character development, and personal growth

of the student athlete;

(J) within the Student Athlete Retention Council

established under subsection (e), whether the retention fund

exception under section 114(a)(2)(A) should be adjusted after

the date of the enactment of this Act, and if so, the amount

of annual compensation that should be subject to the

retention fund exception;

(K) the opportunities and drawbacks with providing student

athletes a method to derive long term financial stability

through financial interest in the value of a collegiate

athletic program; and

(L) any other recommendations regarding intercollegiate

athletics.

(2) To draft a joint resolution of approval under

subsection (j) that provides for implementation of the

recommendation of the Commission on whether to eliminate,

raise, or lower the Pool Benefits Limit in section 114(a).

(3) Not later than 30 months after the date of the

enactment of this Act, to submit a preliminary report on the

Commission's findings related to matters under paragraph (1)

to—

(A) the Committee on Commerce, Science, and Transportation

of the Senate;

(B) the Committee on Energy and Commerce of the House of

Representatives; and

(4) Not later than 5 years after the date of the enactment

of this Act, to submit a report on the activities of the

Commission, including recommendations for such legislative

action as the Commission considers appropriate, to—

(A) the Committee on Commerce, Science, and Transportation

of the Senate;

(B) the Committee on Energy and Commerce of the House of

Representatives; and

(e) Student Athlete Retention Council.—

(1) In general.—There is established within the Commission

a council, to be known as the “Student Athlete Retention

Council”, for the purposes of providing recommendations

pursuant to subsection (d)(1)(J) on the future of the

retention fund exception under section 114(a)(2)(A).

(2) Membership.—The Student Athlete Retention Council

shall be composed of 16 members, of whom—

(A) 8 shall be representatives of Division I institutions,

with not more than one institution coming from the same

conference; and

(B) 8 shall be student athletes elected by all Division I

student athletes.

(3) Authority.—The Student Athlete Retention Council may

sit and act at such times and places as necessary for the

purpose of providing recommendations specified in subsection

(d)(1)(J).

(f) Quorum.—Twelve members of the Commission, of which 5

members shall be current or former student athletes, shall

constitute a quorum.

(g) Initial Meeting.—The Commission shall hold an initial

meeting not later than 30 days after the date on which a

sufficient number of members have been appointed under

subsection (b) to constitute a quorum pursuant to subsection

(f).

(h) Public Hearings.—The Commission shall hold 1 or more

public hearings.

(i) Status.—The Commission is not an agency (as defined in

section 551 of title 5, United States Code).

(j) Joint Resolution.—Any Member of Congress may introduce

a joint resolution

for consideration to adopt any of the recommendations of the

Commission, in whole or in part, including any

recommendations from the Commission on whether to eliminate,

raise, or lower the Pool Benefits Limit.

(k) Termination.—The Commission shall terminate 90 days

after the date on which the Commission submits the report

required by this section.

(l) Authorization of Appropriations.—There is authorized

to be appropriated to the Commission such sums as may be

necessary in any fiscal year, half of which shall be derived

from the applicable account of the House of Representatives

and half of which shall be derived from the contingent fund

of the Senate.

SEC. 117. RECRUITMENT AND TAMPERING.

An intercollegiate athletic association may enforce

provisions on recruitment and tampering of student athletes

or prospective student athletes before and during their

eligibility for intercollegiate athletic competition that—

(1) prohibit an institution, an employee of an institution,

a conference, an employee of a conference, or an associated

entity from contacting a student athlete who is enrolled at

or committed to another institution for the purpose of

recruiting that student athlete to transfer to or enroll at

an institution except for during a reasonable period (or

periods) of time established for each intercollegiate sport

that in no case shall be less than 2 weeks or greater than 5

weeks starting after the last intercollegiate athletic

competition in an academic year in the intercollegiate sport

in which the student athlete competes and in which student

athletes from the same intercollegiate athletic association

competed;

(2) prohibit an athlete agent from contacting an

institution, employee of an institution, or associated entity

on behalf of a student athlete who is enrolled at or

committed to another institution for the purpose of

facilitating the transfer or enrollment of the student

athlete at the contacted institution except for during a

reasonable period (or periods) of time for each

intercollegiate sport that in no case shall be less than 2

weeks or greater than 5 weeks starting after the last

intercollegiate athletic competition in an academic year in

the intercollegiate sport in which the student athlete

competes and in which student athletes from the same

intercollegiate athletic association competed;

(3) prohibit an institution, an employee of an institution,

a conference, an employee of a conference, or an associated

entity from contacting a prospective student athlete, who has

not enrolled in an institution, for the purpose of recruiting

that prospective student athlete to attend an institution as

a student athlete except for during a reasonable period (or

periods) of time established for each sport that in no case

shall be less than 2 weeks or greater than 5 weeks;

(4) prohibit an athlete agent from contacting an

institution, employee of an institution, or associated entity

on behalf of a prospective student athlete, who has not

enrolled in an institution, for the purpose of facilitating

the enrollment of the prospective student athlete at an

institution as a student athlete except for during a

reasonable period (or periods) of time for each sport that in

no case shall be less than 2 weeks or greater than 5 weeks;

(5) prohibit an institution, an employee of an institution,

a conference, an employee of a conference, an associated

entity, or an athlete agent from recruiting or contacting a

student athlete or prospective student athlete who has not

affirmatively opted in to receive such recruitment or

contact;

(6) prohibit an institution, an employee of an institution,

a volunteer of an institution, an associated entity, an

athlete agent, a conference, an employee of a conference, or

a volunteer of a conference from inducing a student athlete

or a prospective student athlete to enroll at an institution

or transfer to an institution by offering compensation to a

student athlete in violation of any of paragraphs (1) through

(5); or

(7) notwithstanding paragraph (1) or (2) of this section,

ensure that a student athlete permitted to transfer under one

or more of the exceptions specified in section 112(3) may

affirmatively opt in to receive recruitment or contact at a

time outside the times described in paragraphs (1) and (2) of

this section for the purpose of transferring pursuant to one

or more of such exceptions.

SEC. 118. LIMITATION ON LIABILITY.

(a) In General.—It shall not be unlawful under the

antitrust laws for an intercollegiate athletic association, a

conference, or an institution to enforce or comply with,

including through rules or bylaws—

(1) section 114;

(2) section 115;

(3) section 113;

(4) sections 101(a)(3) and 101(b)(1) and subparagraphs (A)

and (B) of section 101(b)(2);

(5) section 117;

(6) section 112;

(7) rules, bylaws, or requirements of an intercollegiate

athletic association that determine whether a specific

institution is selected to participate in a championship or

tournament if the process for selecting participants is not

entitled to antitrust exemption under this subsection;

(8) section 103; and

(9) section 110.

(b) Sanctions by an Intercollegiate Athletic Association.—

It shall not be unlawful under the antitrust laws for an

intercollegiate athletic association or conference to,

including through rules or bylaws—

(1) impose a fine against an institution, an employee, or

volunteer of an institution, a conference, an employee of a

conference, or an associated entity for a violation of

sections 110, 112, 113, 114, 115, or 117;

(2) restrict an institution, employee or volunteer of an

institution, a conference, or an employee of a conference,

from participation in intercollegiate athletic competition,

including championships or tournaments, for a violation of

sections 110, 112, 113, 114, 115, or 117;

(3) restrict the eligibility of a student athlete who—

(A) is not eligible to participate in intercollegiate

athletic competition or participate on a varsity sports team

under section 113;

(B) has transferred to an institution in a manner that does

not comply with section 112; or

114 or section 115; or

(4) decertify an athlete agent for violations of section

103 or the amendments made by section 102.

Association.—An intercollegiate athletic association shall

not be entitled to the antitrust exemptions set forth in

subsections (a) and (b) unless the intercollegiate athletic

association has established rules, bylaws, or other

regulations implementing paragraphs (1) through (9) of

subsection (a) and paragraphs (1) through (4) of subsection

(b).

(d) Designation of Entity.—

(1) In general.—An intercollegiate athletic association or

conference may designate an entity under its control pursuant

to the Injunctive Relief Settlement Agreement approved by the

court in “In Re College Athlete NIL Litigation”, No. 20-cv-

03919 (N.D. Cal. June 6, 2025) for which it shall not be

unlawful to enforce or comply with section 114.

(2) Notice and comment requirement.—If an entity

designated under paragraph (1) proposes to issue a measure,

rule, guidance, or policy interpreting or implementing the

Injunctive Relief Settlement Agreement approved by the court

in “In Re College Athlete NIL Litigation”, No. 20-cv-03919

(N.D. Cal. June 6, 2025), the designated entity shall give

reasonable prior notice and an opportunity to comment to the

defendant parties in “In Re College Athlete NIL

Litigation”.

SEC. 119. PRIVATE RIGHT OF ACTION.

(a) Violations.—A person may file a civil action in an

appropriate district court of the United States or in an

appropriate State court only for a violation of the

following:

(1) Subsections (a) and (c) of section 101.

(2) Section 104.

(3) Section 105.

(4) Section 106.

(5) Section 107.

(6) Section 108.

(7) Section 109.

(8) Section 111.

(9) Section 112, only to the extent the claim—

(A) alleges an intercollegiate athletic association, a

conference, or an institution has not complied with the

transfer standard set forth in section 112;

(B) is filed against a Division I, Division II, or Division

III institution, as defined by bylaw 20 of the National

Collegiate Athletic Association as of the date of the

enactment of this Act, or an intercollegiate athletic

association or a conference comprised of any such

institutions; and

States.

(10) Section 113, only to the extent the claim—

(A) alleges an intercollegiate athletic association, a

conference, or an institution has not complied with the

eligibility standard set forth in section 113;

(B) is filed against a Division I or Division II

institution, as defined by bylaw 20 of the National

Collegiate Athletic Association as of the date of the

enactment of this Act, or an intercollegiate athletic

association or a conference comprised of any such

institutions; and

States.

(11) Section 114(b).

(b) Limitation.—The protection from antitrust liability

set forth in section 118 shall not be limited by a private

right of action filed under subsection (a).

in which the plaintiff prevails, the court may award the

plaintiff—

(1) actual damages; and

(2) any other relief, including equitable relief or

declaratory relief, that the court determines appropriate

(including attorney's fees, if otherwise allowed under

applicable law).

(d) Limitation on Pre-dispute Agreements and Waivers.—

(1) Pre-dispute arbitration agreement.—

(A) In general.—Notwithstanding any other provision of

law, no intercollegiate athletic association, conference, or

institution shall include a pre-dispute arbitration agreement

(as defined in section 401 of title 9, United States Code) in

an agreement with a student athlete regarding a provision of

this title or an amendment made to this title.

(B) Treatment of claim.—If a claim for a violation of this

title arises, a student athlete has the option to arbitrate

the dispute if

the intercollegiate athletic association, conference, or

institution agrees to the arbitration.

(2) Pre-dispute joint-action waiver.—Notwithstanding any

other provision of law, no intercollegiate athletic

association or conference shall enforce a pre-dispute joint-

action waiver (as defined in section 401 of title 9, United

States Code) against a student athlete or group of student

athletes with respect to a dispute arising under this title

or an amendment made to this title, so long as there are not

fewer than 7 named plaintiffs.

(e) Disputes Arising From Enforcement of Injunctive Relief

Settlement.—Notwithstanding subsection (d)—

(1) a claim made by any entity or individual subject to the

injunctive relief provisions in “In Re College Athlete NIL

Litigation”, No. 20-cv-03919 (N.D. Cal. June 6, 2025),

regarding whether a name, image, or likeness agreement is for

a valid business purpose shall follow the procedure set forth

in article 6, section 2, of such settlement; and

(2) in any dispute regarding whether an institution, an

employee of an institution, a volunteer of an institution, a

conference, an employee of a conference, or an associated

entity complied with paragraph (1) or (2) of section 114(a),

an institution, an employee of an institution, a volunteer of

an institution, a conference, an employee of a conference, or

an associated entity shall follow the procedure set forth in

article 6, section 2 of “In Re College Athlete NIL

Litigation”, No. 20-cv-03919 (N.D. Cal. June 6, 2025).

(f) Notice Requirement for Civil Actions.—

(1) In general.—A civil action may be brought by a person

under this section only if, prior to filing such action, the

plaintiff provides to the defendant 30 days written notice

identifying the specific provisions set forth in subsection

(a) that the plaintiff alleges have been or are being

violated.

(2) Effect of cure.—In the event a cure is possible, if,

within the 30-day period under paragraph (1), the defendant

cures the violation and provides the plaintiff with an

express written statement that the violation has been cured

and no such further violation shall occur, an action shall

not be permitted.

(3) Exception.—Paragraphs (1) and (2) shall not apply to

any civil action that is based in whole or in part on

allegations of physical injury, death, or sexual abuse or

misconduct.

SEC. 120. WHISTLEBLOWER PROTECTION.

(a) In General.—No institution, conference, or

intercollegiate athletic association, or any agent thereof,

may discharge, demote, suspend, withdraw or reduce benefits

from, threaten, harass, or in any other manner discriminate

against an employee, a student athlete, a prospective student

athlete, a former student athlete, a contractor, a

subcontractor, a service provider, or an agent of an

institution, a conference, or an intercollegiate athletic

association because of any lawful act done by such

individual—

(1) to provide information to, or cause information to be

provided to, an agency of the Federal Government, an agency

of State government, Congress, or any law enforcement agency

regarding any act or omission that such individual reasonably

believes to be a violation of this title or title IX of the

Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or

(2) to file, cause to be filed, testify, participate in, or

otherwise assist in a proceeding filed or about to be filed

relating to an alleged violation of this title or title IX of

the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

(b) Enforcement Action.—

(1) In general.—An individual aggrieved by a violation of

subsection (a) may bring an action in the appropriate

district court of the United States for the relief set forth

in paragraph (2).

(2) Relief.—An individual prevailing in any action under

paragraph (1) may obtain—

(A) compensatory damages and the cost of the action,

including reasonable attorney's fees and other litigation

costs reasonably incurred;

(B) in addition to any other relief available at law,

equitable relief that may be necessary or appropriate to

correct a violation of subsection (a) or make the individual

whole again;

(D) if the prevailing individual is an employee—

(i) reinstatement with the same seniority status that the

individual would have had, but for the discrimination; and

(ii) backpay otherwise owed to the individual, with

interest.

shall be construed to diminish the rights, privileges, or

remedies of any individual under any Federal or State law, or

under any labor contract.

(d) Nonenforceability of Certain Provisions Waiving Rights

and Remedies or Requiring Arbitration of Disputes.—

(1) Waiver of rights and remedies.—The rights and remedies

provided for in this section may not be waived by any

agreement, policy form, condition of employment, or athletic

agreement or participation.

(2) Predispute arbitration agreements.—No predispute

arbitration agreement shall be valid or enforceable if the

agreement requires arbitration of a dispute arising under

this section.

SEC. 121. RELATIONSHIP TO EXISTING LAW.

(a) In General.—No State or political subdivision of a

State may adopt, maintain, enforce, or continue in effect any

law, regulation, rule, requirement, or standard that—

(1) conflicts with any provision of this title that would

prevent compliance with this title; or

(2) governs, regulates, or invalidates policies or rules of

an institution, a conference, or an intercollegiate athletic

association that regulates—

(A) the compensation to a student athlete or prospective

student athlete for the use of their name, image, or

likeness, except as necessary to comply with this title;

(B) transfers of student athletes between institutions; or

of section 113 relating to the eligibility of a student

athlete to participate in intercollegiate athletics.

(b) Preservation of State Laws.—The following State laws,

rules, regulations, or requirements, or common law rights or

remedies shall not be preempted, displaced, or supplanted:

(1) Except to the extent that such law rule, regulation,

requirement, or common law right or remedy conflicts with

subsection (a), the following:

(A) Uniform Athlete Agent Acts.

(B) Civil rights laws.

(D) Criminal law.

(E) Laws that relate to student or campus safety.

(F) Fraud.

(G) Privacy or data breach.

(H) Contract law.

(I) Trademark law.

(J) Copyright law.

(K) Consumer protection law.

(2) Except to the extent that such law conflicts with

subsection (a)(2), any law, whether statutory or common law,

that gives rise to a cause of action for the following:

(A) Personal injury, including psychological injury.

(B) Wrongful death.

(D) Sexual assault.

(E) Injury.

(F) Harassment.

(G) Any cause of action derivative of any of subparagraphs

(A) through (F).

(1) Antitrust laws.—To the extent liability for violations

of the antitrust laws is not limited by this title,

subsection (a) shall not be construed to preempt, displace,

or supplant the antitrust laws.

(2) Federal trademark and copyright law.—Nothing in this

title or the amendments made by this title may be construed

to override, modify, or amend the applicability of Federal

trademark or copyright law.

SEC. 122. NEUTRALITY ON EMPLOYEE OR NON-EMPLOYEE STATUS.

This title is neutral on, and does nothing to alter,

employee or non-employee status for student athletes.

SEC. 123. APPLICABILITY.

(a) Section 113(c)(1)(B) shall apply with respect to any

action or proceeding that is pending on or commenced on or

after the date of the enactment of this Act.

(b)(1) Except as provided in subsection (a), the provisions

of this Act shall not apply to any action or proceeding

commenced prior to the effective date of this Act.

(2) Exceptions.—Nothing in subsection (b) shall be

construed to—

(A) allow a student athlete eligibility to participate on a

Division I or Division II varsity sports team or in

intercollegiate athletic competition for a Division I or

Division II institution for more than a total of 5 years; or

(B) undermine the Benefits Pool Limit set forth in the

Injunctive Relief Settlement Agreement approved by the court

in “In Re College Athlete NIL Litigation”, No. 20-cv-03919

(N.D. Cal. June 6, 2025), or as modified pursuant to the

amendment provision specified in paragraph 55 of that

settlement, unless such outcome is the result of legal

proceedings in the In Re College Athlete NIL Litigation, No.

20-cv-03919, or any appeal of legal proceedings in the In Re

College Athlete NIL Litigation, No. 20-cv-03919.

Act shall be construed to extinguish, impair, or otherwise

limit a claim for monetary relief arising from conduct that

occurred before the date of the enactment of this Act.

SEC. 124. SEVERABILITY.

If any provision of this title, or an amendment made by

this title, is determined to be unenforceable or invalid, the

remaining provisions of this title and the amendments made by

this title shall not be affected.

SEC. 125. PROTECTION OF WOMEN'S SPORTS AND OLYMPIC SPORTS.

(a) In General.—An intercollegiate athletic association or

conference comprised of Division I institutions, as defined

by bylaw 20.9 of the National Collegiate Athletic

Association, or a successor bylaw, shall not reduce the

minimum intercollegiate athletic competitions, minimum

participants on a varsity sports team, or the number of

varsity sports teams, including the number of men's and

women's varsity sports teams or Olympic varsity sports teams,

that an institution must sponsor for membership within—

(1) Division I of the National Collegiate Athletic

Association, as defined by bylaw 20.9 of the National

Collegiate Athletic Association, or a successor bylaw; or

(2) the Football Bowl Subdivision, as defined by bylaw

20.9.9 of the National Collegiate Athletic Association, or

successor bylaw.

(b) Large-sized Institutions.—

(1) In general.—Except as provided in paragraph (2), an

intercollegiate athletic association or conference comprised

of institutions shall provide that each institution shall,

consistent with applicable intercollegiate athletic

association rules, offer and maintain at least as many total

grant-in-aid opportunities and total roster spots for non-

revenue generating intercollegiate sports programs, including

women's and Olympic intercollegiate sports programs, during

each academic year as the member institution provided during

academic year 2024-2025.

(2) Waiver.—

(A) In general.—An institution may be granted a waiver

from compliance with paragraph (1) for not more than one

academic year at a time by an intercollegiate athletic

association if the institution provides evidence that—

(i) annual athletics revenues have declined not less than

15 percent based on the average of the preceding three

academic years, and total grant-in-aid accounts for not less

than 45 percent of the total expenses of the athletic

department of the institution;

(ii) compliance with paragraph (1) would materially impair

the ability of the institution to comply with Federal law; or

(iii) there are extraordinary circumstances relating to

financial hardship, including from a natural disaster, act of

war, or another catastrophe, that are beyond the control of

the institution or materially impair the ability of the

institution to comply with paragraph (1).

(B) Condition.—As a condition of seeking a waiver under

subparagraph (A)(i), an institution shall first reduce the

total compensation of the coaching staff of its revenue-

generating varsity sports programs by the same proportion as

any planned reduction in expenditures for its non-revenue

generating intercollegiate sports programs during the waiver

period.

(3) Definitions.—In this subsection:

(A) Institution.—The term “institution” means an

institution, as defined by bylaw 20.9 of the National

Collegiate Athletic Association, or a successor bylaw, that,

upon the date of the enactment of this Act, reports, as

required under section 485(g) of the Higher Education Act of

1965 (20 U.S.C. 1092(g)), having generated not less than

$80,000,000 in total annual athletics revenue during the

preceding academic year.

(B) Non-revenue generating intercollegiate sports

program.—the term “non-revenue generating intercollegiate

sports program” means an intercollegiate sports program at

an institution for which, during an academic year, the

revenues generated specifically attributable to that sports

program are less than the direct and allocated operating

expenses of that sports program.

(4) Sunset.—This subsection shall terminate on the date

that is 9 years after the date of the enactment of this Act.

at Mid-sized Institutions.—

(1) In general.—Except as provided in paragraph (2), an

intercollegiate athletic association or conference comprised

of covered mid-sized institutions shall provide that each

such institution shall, consistent with applicable

intercollegiate athletic association rules, offer and

maintain at least as many total grant-in-aid opportunities

and total roster spots for non-revenue generating

intercollegiate sports programs, including women's and

Olympic intercollegiate sports programs, during each academic

year as the institution provided during academic year 2024-

(2) Exemptions.—An institution shall be exempt from the

requirement under paragraph (1) for an academic year if—

(A) the total annual athletics revenue of the institution,

as reported under section 485(g) of the Higher Education Act

of 1965 (20 U.S.C. 1092(g)), declined by not less than 15

percent from the immediately preceding academic year;

(B) the institution petitions the relevant intercollegiate

athletic association for, and is granted, an exemption based

on a demonstrable financial hardship;

the ability of the institution to comply with Federal law; or

(D) there are extraordinary circumstances relating to

financial hardship, including from a natural disaster, act of

war, or other circumstance that is beyond the control of the

institution or materially impair the ability of the

institution to comply with that paragraph.

(3) Covered mid-sized institution defined.—In this

subsection, the term “covered mid-sized institution” means

an institution, as defined by bylaw 20.9 of the National

Collegiate Athletic Association, or a successor bylaw, that,

upon the date of the enactment of this Act, reports, as

required under section 485(g) of the Higher Education Act of

1965 (20 U.S.C. 1092(g)), having generated not less than

$50,000,000 but less than $80,000,000 in total annual

athletics revenue during the preceding academic year.

(4) Sunset.—This subsection shall terminate on the date

that is 4 years after the date of the enactment of this Act.

(d) Clarification of Flexibility.—Nothing in this section

may be construed to prevent an institution or a covered mid-

sized institution from modifying or substituting which

varsity sports it sponsors, or the number of roster spots and

grant-in-aid opportunities on each varsity sport, so long as

the institution—

(1) complies with bylaw 20.9 of the National Collegiate

Athletic Association, or a successor bylaw, or bylaw 20.9.9

of the National Collegiate Athletic Association, or a

successor bylaw; and

(2) as applicable under subsections (b) and (c), offers and

maintains at least as many total grant-in-aid opportunities

and total roster spots for non-revenue generating

intercollegiate sports programs during each academic year as

the institution provided during academic year 2024-2025.

(e) Clarification of Walk-on Athlete Eligibility for Para

Athletes.—

(1) In general.—Notwithstanding any provision of this

Act—

(A) an institution and the athletic director of an

institution shall retain full authority to include para

athletes on their roster spots for intercollegiate sports as

walk-on athletes;

(B) subparagraph (A) does not constitute a violation of

roster or scholarship limits for intercollegiate sports

covered under this Act or under “In Re College Athlete NIL

Litigation”, No. 20-cv-03919 (N.D. Cal. June 6, 2025); and

counted toward any roster cap or scholarship count

established for that intercollegiate sport.

(2) Definitions.—In this subsection:

(A) Para athlete.—The term “para athlete” means a

nationally or internationally classified athlete eligible to

compete in the Paralympic Games pursuant to qualifications

determined by the United States Olympic and Paralympic

Committee under chapter 2205 of title 36, United States Code.

(B) Walk-on athlete.—The term “walk-on athlete” means an

enrolled student athlete who participates on a sport roster

without receiving athletics-based scholarship aid.

SEC. 126. MID-SIZED CONFERENCE REPRESENTATION ON

INTERCOLLEGIATE ATHLETIC ASSOCIATION GOVERNING

BOARDS.

(a) In General.—An intercollegiate athletic association,

of which a mid-sized conference is a member, shall ensure any

board of directors or other governing board of the

intercollegiate athletic association, or any committee of the

intercollegiate athletic association with authority to

establish and enforce rules or bylaws, is comprised of

adequate representation by mid-sized conferences.

(b) Mid-sized Conference Defined.—In this section, the

term “mid-sized conference” means any conference that has

generated less than $500,000,000 in total annual revenue

during the preceding academic year.

SEC. 127. TITLE IX SAVINGS CLAUSE.

Nothing in this title or the amendments made by this title

shall be construed to override, modify, or amend the

applicability of title IX of the Education Amendments of 1972

(20 U.S.C. 1681 et seq.).

SEC. 128. PROTECTING OPPORTUNITIES FOR AMERICAN STUDENT

ATHLETES.

It is the policy of the United States that any institution

of higher education participating in intercollegiate

athletics should prioritize domestic students in the

selection of student athletes and the awarding of athletic

opportunities, including grant-in-aid and roster positions,

on the varsity sports teams of that institution.

TITLE II—SPORTS BROADCASTING

SEC. 201. DEFINITIONS.

(a) References to Sports Broadcasting Act of 1961.—In this

Act, the term “Sports Broadcasting Act of 1961” means the

Act of September 30, 1961 (15 U.S.C. 1291 et seq.).

(b) Amendments to Sports Broadcasting Act of 1961.—The

Sports Broadcasting Act of 1961 is amended—

(1) by redesignating sections 5 and 6 (15 U.S.C. 1295, 1291

note) as sections 8 and 9, respectively; and

(2) in section 8, as so redesignated—

(A) by striking “As used in this Act, `persons' means”

and inserting the following: “As used in this Act:”

“(12) Persons.—The term `persons' means”;

(B) by inserting before paragraph (12), as so designated,

the following:

“(1) Collective media rights revenue.—The term

`collective media rights revenue' means revenue derived from

the sale or transfer of the media rights of the member

institutions and member conferences of the covered entity

resulting from the joint agreement described in section 5.

“(2) Conference.—The term `conference' means any

organization that is not an intercollegiate athletic

association and that—

“(A) has 2 or more institutions as members; and

“(B) arranges championships for intercollegiate athletic

competitions or sets rules for intercollegiate athletic

competitions.

“(3) Covered entity.—The term `covered entity' means the

entity formed by a joint agreement of institutions or

conferences described in subparagraph (A) or (B) of section

5(b)(1) that meets each of the requirements under section 5.

“(4) Grant-in-aid.—The term `grant-in-aid'—

“(A) means a scholarship, grant, stipend, or other form of

financial assistance, including the provision of tuition,

room, board, books, or funds for fees or personal expenses,

that—

“(i) is paid or provided by an institution to a student

for the undergraduate or graduate course of study of the

student; and

“(ii) is in an amount that does not exceed the cost of

attendance for the student at the institution; and

“(B) does not include compensation paid to an individual

who is a student athlete or a former student athlete.

“(5) Institution.—The term `institution' has the meaning

given the term `institution of higher education' in section

101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

“(6) Intercollegiate athletic association.—The term

`intercollegiate athletic association'—

“(A) means any organization, not-for-profit corporation,

association, or other group organized in the United States

that—

“(i) is composed of 2 or more institutions or conferences

that—

“(I) are located in different States; or

“(II) participate in intercollegiate athletic competitions

in more than 1 State;

“(ii) sponsors or arranges intercollegiate athletic

competitions between institutions;

“(iii) sets common rules, standards, procedures, or

guidelines for the administration of intercollegiate athletic

competition; and

“(iv) is not a conference;

“(B) includes—

“(i) the National Collegiate Athletic Association; and

“(ii) any other national intercollegiate athletic

association; and

“(C) does not include a corporation, association, or other

group affiliated with professional athletic competition.

“(7) Intercollegiate athletic competition.—The term

`intercollegiate athletic competition' means any varsity

intercollegiate sport contest, game, meet, match, tournament,

regatta, or other intercollegiate sport event in which

student athletes or varsity sports teams compete.

“(8) Intercollegiate football.—The term `intercollegiate

football' means the intercollegiate sport of football.

“(9) Intercollegiate sport.—The term `intercollegiate

sport'—

“(A) means a sport played at the intercollegiate level,

administered by an athletic department, between institutions

for which eligibility requirements for participation by a

student athlete are established by an intercollegiate

athletic association; and

“(B) does not include a recreational, intramural, or club

sport.

“(10) Member conference.—The term `member conference',

with respect to the covered entity, means a conference that

is a member of the covered entity.

“(11) Member institution.—The term `member institution',

with respect to the covered entity, means an institution that

is a member of the covered entity.”; and

the following:

“(13) Student athlete.—The term `student athlete' means

an individual who—

“(A) is enrolled as a full-time student at an institution;

“(B) makes satisfactory progress towards completing a

degree; and

“(C) participates in intercollegiate athletic competitions

or competes for a varsity sports team as part of the

institution's educational, developmental, or extracurricular

programs.

“(14) Top 5 historic opponents in intercollegiate

football.—The term `top 5 historic opponents in

intercollegiate football', with respect to an institution,

means the 5 other institutions against which the institution

has played the most intercollegiate athletic competitions

within intercollegiate football.

“(15) Top 10 historic opponents in intercollegiate

football.—The term `top 10 historic opponents in

intercollegiate football', with respect to an institution,

means the 10 other institutions against which the institution

has played the most intercollegiate athletic competitions

within intercollegiate football.

“(16) Traditional rivalry.—The term `traditional rivalry'

means an intercollegiate athletic competition within

intercollegiate football that is between varsity sports teams

of 2 institutions that—

“(A) are both members of the covered entity;

“(B) are not members of the same conference; and

“(C) rank among each other's top 10 historic opponents in

intercollegiate football.

“(17) Varsity sports team.—The term `varsity sports team'

means a team composed of student athletes that is organized

by an institution for the purpose of intercollegiate athletic

competitions.”.

SEC. 202. LIMITATION ON LIABILITY FOR TRANSMISSION OF

COLLEGIATE SPORTS COMPETITIONS.

(a) In General.—Section 1 of the Sports Broadcasting Act

of 1961 (15 U.S.C. 1291) is amended—

(1) by striking “That the” and inserting the following:

“SECTION 1. EXEMPTION OF CERTAIN AGREEMENTS FROM ANTITRUST

LAWS.

“(a) Professional Sports.—The”; and

(2) by adding at the end the following:

“(b) College Sports.—The antitrust laws, as defined in

subsection (a), shall not apply to any joint agreement, by or

among institutions engaging in or conducting organized

intercollegiate sports, or conferences that have such

institutions as members, to form and operate a covered entity

that complies with and enforces the requirements of section 5

and sells or otherwise transfers to a third party all or any

part of the rights of the institutions or conferences in the

sponsored telecasting of the intercollegiate athletic

competitions engaged in or conducted by the institutions or

conferences.”.

(b) Technical and Conforming Amendments.—The Sports

Broadcasting Act of 1961 is amended—

(1) in section 2 (15 U.S.C. 1292)—

(A) by striking “Section 1” and inserting “Section

1(a)”; and

(B) by striking “in section 1” and inserting “in section

1(a)”;

(2) in section 3 (15 U.S.C. 1293), by striking “section

1” each place it appears and inserting “section 1(a)”; and

(3) in section 4 (15 U.S.C. 1294), by striking “section

1” and inserting “section 1(a)”.

SEC. 203. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS.

The Sports Broadcasting Act of 1961, as amended by section

201(b)(1) of this Act, is amended by inserting after section

4 (15 U.S.C. 1294) the following:

“SEC. 5. REQUIREMENTS FOR ENTITIES SELLING MEDIA RIGHTS.

“(a) Condition on Antitrust Exemption.—Section 1(b) shall

not apply to any joint agreement entered into by institutions

or conferences to form the covered entity unless the covered

entity complies with the requirements under this section and

section 6.

“(b) Membership of the Covered Entity.—

“(1) Eligible membership.—A joint agreement to form the

covered entity shall be comprised of a voluntary association

of institutions or conferences that includes, at a minimum,

as of the date on which the joint agreement is entered into,

not less than 75 percent of the institutions participating in

the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of

the National Collegiate Athletic Association.

“(2) Invitation requirement.—

“(A) In general.—The covered entity shall offer

membership on fair and nondiscriminatory terms to each

conference and each institution that is in Division I, as

defined by Bylaw 20.9 of the National Collegiate Athletic

Association as of the date of enactment of the Protect

College Sports Act of 2026.

“(B) Optional participation.—No conference or institution

shall be required to join the covered entity or accept an

offer under subparagraph (A), but no conference or

institution eligible for membership under subparagraph (A)

may be refused an invitation to join the covered entity.

“(c) Voting Rights.—

“(1) In general.—

“(A) Votes of conferences and institutions.—Subject to

subparagraph (C), the covered entity shall—

“(i) in the bylaws of the covered entity—

“(I) provide that each member conference or member

institution has 1 vote on each type of decision or

determination described in paragraph (2); and

“(II) specify the minimum number of votes required for

each type of decision or determination described in paragraph

(2); and

“(ii) require the bylaws to be adopted unanimously by the

member conferences and member institutions.

“(B) Votes of student athletes.—The covered entity

shall—

“(i) for purposes of decisions and determinations

described in paragraph (2)(C), designate not fewer than 10

individuals who, as of the date of designation, are student

athletes or were student athletes during the preceding 10-

year period; and

“(ii) ensure that each individual designated under clause

(i) has 1 vote on a decision or determination described in

paragraph (2)(C).

“(C) Non-voting member conferences.—If a conference and 1

or more of the institutions of the conference are members of

the covered entity, the conference shall be a non-voting

member of the covered entity.

“(2) Voting thresholds.—

“(A) Major decisions.—A major decision, as defined by the

bylaws of the covered entity, shall require a vote totaling

not less than \2/3\ of the member conferences or member

institutions exercising their voting rights.

“(B) Non-major decisions.—A non-major decision, as

defined by the bylaws of the covered entity, shall require a

vote totaling not less than a majority of the member

conferences or member institutions exercising their voting

rights.

“(C) Revenue distributions or changes to voting

allocations.—A determination regarding the allocation of

collective media rights revenue or a decision to change a

voting threshold described in this paragraph shall require a

unanimous vote of the member conferences, member

institutions, or current or former student athletes

exercising their voting rights.

“(D) Media rights requirement.—A determination of which

media rights shall be contributed to the covered entity

pursuant to subsection (f) shall require a unanimous vote of

the member conferences or member institutions exercising

their voting rights.

“(d) Revenue Allocation Formula.—

“(1) Method.—Not less frequently than once each academic

year, the covered entity shall distribute the collective

media rights revenue among member conferences and member

institutions—

“(A) according to the allocation of collective media

rights revenue most recently determined in accordance with

subsection (c)(2)(C); and

“(B) in accordance with the requirements of this

subsection.

“(2) Requirements.—The distribution of collective media

rights revenue under paragraph (1) shall—

“(A) ensure that—

“(i) each member conference or member institution receives

a minimum distribution of collective media rights revenue,

the amount of which shall be established under a bylaw

adopted in accordance with subsection (c)(2)(C); and

“(ii) each member institution receives more collective

media rights revenue (excluding revenue from the College

Football Playoff) during each academic year than the largest

amount of collective media rights revenue (excluding revenue

from the College Football Playoff) that the institution

received in any single academic year during the period of

academic year 2021-2022 through academic year 2024-2025;

“(B) distribute not less than 15 percent of the collective

media rights revenue that remains after compliance with

subparagraph (A) equally among all member institutions that

received revenue from intercollegiate athletic competitions

within intercollegiate football in the Football Bowl

Subdivision during academic year 2024-2025; and

“(C) distribute the collective media rights revenue that

remains after compliance with subparagraphs (A) and (B) to

member institutions based on the performance of each

institution during the academic year with respect to the

institution's contribution to the collective media rights

revenue.

“(3) Transfer of revenue.—Before distributing collective

media rights revenue under paragraph (1), the covered entity

shall, in accordance with section 106, transfer an amount of

collective media rights revenue to the fund or program

established under that section to ensure that the program or

fund is adequately funded.

“(e) Protection of Women's and Olympic Sports.—

“(1) In general.—Any member institution that receives

collective media rights revenue shall, consistent with

applicable intercollegiate athletic association rules, offer

and maintain at least as many grant-in-aid opportunities and

roster spots for non-revenue generating intercollegiate

sports programs, including women's and Olympic

intercollegiate sports programs, during each academic year as

the member institution provided during the 2024-2025 academic

year.

“(2) Definition.—For purposes of this subsection, the

term `non-revenue generating intercollegiate sports program'

means an intercollegiate sports program at an institution for

which, during an academic year, the revenues generated

specifically attributable to that sports program are less

than the direct and allocated operating expenses of that

sports program.

“(f) Contribution of Media Rights.—

“(1) Condition of participation.—The covered entity shall

require each member institution or member conference, as a

condition of receiving a distribution of collective media

rights revenue from the covered entity, to contribute to the

covered entity, for sale by the covered entity, the media

rights of the member institution or member conference,

determined by a vote described in subsection (c)(2)(D), with

the exception of the rights in the sponsored telecasting of—

“(A) the basketball tournaments organized by the National

Collegiate Athletic Association; and

“(B) all postseason intercollegiate athletic competitions

for intercollegiate football within the College Football

Playoff for the Football Bowl Subdivision occurring before

August 1, 2032.

“(2) Exclusive authority.—The covered entity shall have

the exclusive authority to negotiate, sell, license,

sublicense, and otherwise transfer on a pooled basis media

rights contributed under paragraph (1), with the exception of

the rights in the sponsored telecasting of—

“(A) the basketball tournaments organized by the National

Collegiate Athletic Association; and

“(B) all postseason intercollegiate athletic competitions

for intercollegiate football within the College Football

Playoff for the Football Bowl Subdivision occurring before

August 1, 2032.

“(3) Relation to contractual rights, obligations, and

remedies.—

“(A) Contribution of media rights.—Notwithstanding

paragraph (1), no member institution or member conference

shall contribute to the covered entity any media rights,

that, at the time of contribution, the member institution or

member conference is not legally entitled to contribute by

reason of an existing contract, including an amendment to

such contract, that restricts the assignment, transfer,

license, or other conveyance of such media rights.

“(B) Protection of contractual rights, obligations, and

remedies.—Nothing in this Act shall be construed to

eliminate, limit, modify, or otherwise affect any right,

obligation, or remedy of any party under an existing

contract.

“(4) Binding agreement.—The covered entity shall maintain

a written agreement, binding on all member institutions or

member conferences, that governs the collection and

distribution of collective media rights revenue for the

duration of the agreement.

“(5) Preservation of carriage, distribution, and promotion

of women's and olympic sports.—In any joint agreement

entered into by a covered entity which includes media rights

in football or basketball conveyed pursuant to a vote

described in subsection (c)(2)(D), the covered entity shall

take reasonable efforts to promote and distribute the media

rights for non-revenue generating intercollegiate sports

programs in the regular season and post-season, as well as

preserve the current levels of carriage, distribution, and

promotion.

“(g) Preservation of Conference Opponents and Traditional

Rivalries.—

“(1) Conference opponents.—If, as of the date of

enactment of the Protect College Sports Act of 2026, more

than 6 of the top 10 historic opponents in intercollegiate

football of a member institution were intra-conference

opponents of the member institution in intercollegiate

football during the most recently completed season, the

covered entity shall require the member institution to

preserve, to the maximum extent practicable, intercollegiate

athletic competitions within intercollegiate football amongst

all of its current conference opponents as of that date of

enactment.

“(2) Traditional rivalries.—

“(A) In general.—If, as of the date of enactment of the

Protect College Sports Act of 2026, more than 2 of the top 10

historic opponents in intercollegiate football of a member

institution were out-of-conference opponents of the member

institution in intercollegiate football during the most

recently completed season, the covered entity shall require

the member institution to play intercollegiate athletic

competitions within intercollegiate football that constitute

traditional rivalries, and ensure that—

“(i) the member institution plays not fewer than 2

intercollegiate athletic competitions within intercollegiate

football that constitute a traditional rivalry every 4 years;

and

“(ii) the member institution plays not less than 1

intercollegiate athletic competition within intercollegiate

football each year with an institution that is in a different

conference and is one of the top 5 historic opponents in

intercollegiate football of the member institution.

“(B) Institutions with fewer than 4 out-of-conference

rivals.—If a member institution is subject to the

requirements under subparagraph (A), and fewer than 4 of the

top 10 historic opponents of the member institution in

intercollegiate football are member institutions that belong

to a different conference, the member institution shall seek

to comply with clauses (i) and (ii) of subparagraph (A) to

the extent practicable.

“(C) Savings clause.—Nothing in this paragraph shall be

construed to affect the ability of a member institution to

engage in intercollegiate athletic competitions within

intercollegiate football against any other member institution

within the same conference that was 1 of the top 10 historic

opponents in intercollegiate football of the member

institution as of the date of enactment of the Protect

College Sports Act of 2026.

“(3) Periodic review; authority to modify requirements.—8

years after the date of enactment of the Protect College

Sports Act of 2026, and periodically thereafter, but not more

frequently than once every 4 years, the covered entity—

“(A) may review the effects of the requirements under this

subsection on fan interest, student athletes, media revenues,

and preservation of traditional rivalries and historic

opponents; and

“(B) may modify the requirements under this subsection.

“(4) No effect on conferences and institutions outside

covered entity.—Nothing in this subsection requires any

conference or institution that is not in the covered entity

to schedule an intercollegiate athletic competition against

any other institution, regardless of whether such an

intercollegiate athletic competition is a traditional

rivalry.

“(h) Enforcement of the Act; Right to Cure.—

“(1) Private right of action.—Subject to paragraph (2), a

person aggrieved by a violation of section 1(b), this

section, section 6, or section 7, including a party to a

joint agreement to form the covered entity, may bring a civil

action against the covered entity in an appropriate district

court of the United States.

“(2) Notice and opportunity to cure.—A person may only

bring a civil action under paragraph (1) for a violation of

section 1(b), this section, section 6, or section 7 if—

“(A) not later than 1 year before bringing the civil

action, the person provides to the defendant specific notice

of the violation and an opportunity to cure the violation;

and

“(B) the defendant does not cure the violation during the

1-year period beginning on the date of the notice described

in subparagraph (A).

“(i) Participation in Covered Entity Optional.—

“(1) In general.—Nothing in this Act shall, under Federal

or State law, establish or be construed to require, mandate,

or encourage any institution or conference to join,

participate in, or transfer any media rights to the covered

entity or to create or give rise to any duty, obligation, or

standard of care to take such action.

“(2) Effect on liability.—Nothing in this Act, any

amendments made by this Act, or a decision by an institution

or conference to decline to join or participate in the

covered entity may be used to support any claim, cause of

action, or theory of liability under Federal or State law

that would impose liability on an institution or conference

compel an institution or conference to join or participate in

the covered entity.

“(3) No abrogation of existing contracts.—Nothing in this

section shall be construed to abrogate, terminate, or modify

a contract or other legally enforceable agreement in effect

on the date of enactment of the Protect College Sports Act of

2026, or to provide a defense to or immunity from a claim

arising from breach or nonperformance of such contract or

legally enforceable agreement.

“(4) No liability for declining to participate in covered

entity.—Nothing in this Act shall be construed to permit a

person to bring an action under Federal or State law to

challenge a decision by an institution or conference to not

join or participate in the covered entity.”.

SEC. 204. MARKET LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL

AND BASKETBALL.

The Sports Broadcasting Act of 1961 is amended by inserting

after section 5 (as added by section 203 of this Act) the

following:

“SEC. 6. MARKET-LEVEL BROADCAST ACCESS FOR COLLEGE FOOTBALL

AND BASKETBALL.

“(a) Definitions.—In this section:

“(1) Designated market area.—The term `designated market

area' has the meaning given the term in section 122(j)(2)(C)

of title 17, United States Code.

“(2) Local designated market area.—

“(A) In general.—The term `local designated market area'

means an area that—

“(i) consists of a designated market area that includes

the principal campus of an institution that is a member of

the covered entity; and

“(ii) at the election of the member institution and the

applicable network, distributor, or licensee holding market-

level rights, may include not more than 1 additional

geographically adjacent designated market area, or designated

market area within the State in which the principal campus of

the member institution is located, in which a substantial

portion of the student body, alumni, or in-State resident

population of the member institution resides.

“(B) Publication of list.—The Federal Communications

Commission shall—

“(i) not later than 180 days after the date of enactment

of the Protect College Sports Act of 2026, publish a list of

designated market areas described in subparagraph (A); and

“(ii) maintain the list described in clause (i) on a

public website.

“(3) Local outlet option.—The term `Local Outlet option'

means the opportunity for not less than 1 outlet to carry a

live intercollegiate athletic competition without charge to

viewers within the local designated market area of a member

institution that is participating in the competition.

“(b) Requirement of Local Outlet Option.—

“(1) In general.—As a condition of the exemption under

section 1(b)(1), the covered entity shall make commercially

available by purchase or license, on a non-exclusive basis,

for each intercollegiate athletic competition in football or

basketball, not less than 1 Local Outlet option in the local

designated market area of each member institution

participating in the competition.

“(2) Rule of construction.—Nothing in paragraph (1) shall

be construed to require carriage of an intercollegiate

athletic competition by more than 1 Local Outlet in a given

designated market area.

“(3) No effect on national media agreements.—Nothing in

paragraph (1) shall limit the covered entity's ability to

negotiate nationwide or regional media agreements.

“(4) Requirement fulfillment.—A national rights holder

may satisfy the requirement under paragraph (1) by making

intercollegiate athletic competitions available to viewers in

the applicable local designated market areas using an

offering that the rights holder owns or is affiliated with

that is freely available to viewers.

“(c) Good Faith Negotiation.—

“(1) In general.—Each covered entity, and any network,

distributor, or licensee holding market-level rights or

seeking Local Outlet option rights to intercollegiate

athletic competitions described in subsection (b), shall

negotiate in good faith to fulfill the requirement of that

subsection.

“(2) Enforcement.—The Federal Communications Commission

shall have jurisdiction over complaints alleging a violation

of paragraph (1).”.

SEC. 205. PROHIBITION ON CERTAIN CONFERENCE MERGERS OR

ACQUISITION.

The Sports Broadcasting Act of 1961 is amended by inserting

after section 6 (as added by section 204 of this Act) the

following:

“SEC. 7. PROHIBITION ON CERTAIN CONFERENCE MERGERS AND

ACQUISITIONS.

“(a) Violation of Antitrust Laws.—It shall be unlawful

under the antitrust laws, as defined in section 1(a), for—

“(1) any covered conference that reported more than

$700,000,000 in revenue on its fiscal year 2025 tax return or

any subsequent tax return to—

“(A) merge or consolidate with, or acquire the assets or

media rights of, another covered conference or a covered

institution, if as a result of the transaction, the number of

institutions that are members of the covered conference would

be less than 75 percent of the institutions participating in

the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of

the National Collegiate Athletic Association; or

“(B) acquire the assets or media rights of an institution

that is not a covered institution, unless, as a result of the

transaction, the number of institutions that are members of

the covered conference does not exceed 19 institutions; or

“(2) any entity to merge with, acquire, or consolidate the

assets or media rights of a covered institution, or multiple

covered institutions, for the purpose of creating a new

conference or intercollegiate athletic association.

“(b) Defenses Not Applicable.—A transaction prohibited

under subsection (a) may not be justified by efficiencies,

procompetitive effects, or any other defense under the

antitrust laws, as defined in section 1(a).

“(c) Effect.—Any transaction consummated in violation of

subsection (a) shall be void.

“(d) No Impact on Covered Entity.—Nothing in this section

shall be construed to prohibit the creation of the covered

entity under section 5.

“(e) Applicability.—Nothing in subsection (a) shall be

construed to apply to a covered conference that—

“(1) is in existence on the date of enactment of this

section or a subsidiary of such covered conference; and

“(2) has not reported more than $700,000,000 on its fiscal

year 2025 tax return or any subsequent tax return.

“(f) Definitions.—In this section:

“(1) Covered conference.—The term `covered conference'

means a conference, the primary athletic revenue of which is

derived from the sale or transfer of media rights relating to

intercollegiate football.

“(2) Covered institution.—The term `covered

institution'—

“(A) for purposes of subsection (a)(1)—

“(i) during the 6-year period beginning on the date of

enactment of the Protect College Sports Act of 2026, means an

institution that has, at least once in the preceding 3 years,

competed in intercollegiate football as a member of a covered

conference that reported more than $700,000,000 in revenue on

its fiscal year 2025 tax return or any subsequent tax return;

and

“(ii) after the termination of the period described in

clause (i), means an institution that, as of the day before

the date of a transaction described in subsection (a)(1),

competes in intercollegiate football as a member of a covered

conference that reported more than $700,000,000 in revenue on

its fiscal year 2025 tax return or any subsequent tax return;

and

“(B) for purposes of subsection (a)(2), means an

institution that has, at least once in the preceding 5 years,

competed in intercollegiate football as a member of a covered

conference that reported more than $700,000,000 in revenue on

its fiscal year 2025 tax return or any subsequent tax

return.”.

SEC. 206. AMENDMENTS TO INTERCOLLEGIATE AND INTERSCHOLASTIC

FOOTBALL CONTEST LIMITATIONS.

(a) In General.—Section 3 of the Sports Broadcasting Act

of 1961 (15 U.S.C. 1293) is amended—

(1) in paragraph (2), by striking “and” at the end;

(2) in paragraph (3), by striking the period at the end and

inserting “, and”; and

(3) by adding at the end the following:

“(4) the season and any postseason, including

championships, of such intercollegiate football contests

conclude not later than January 8 of any year, to the extent

practicable.”.

(b) Protection of Army-Navy Game.—Section 3 of the Sports

Broadcasting Act of 1961 (15 U.S.C. 1293) is amended—

(1) by inserting “(a)” before “The first sentence”; and

(2) by adding at the end the following:

“(b)(1) Section 1(b) shall not apply to any joint

agreement described in that section that permits any person

to sponsor, telecast, or authorize the telecast of any

postseason intercollegiate football contest involving an

institution participating in the Football Bowl Subdivision

during the protected Army-Navy Game broadcast window.

“(2) For purposes of this subsection, the term `protected

Army-Navy Game broadcast window' means the period beginning 1

hour before scheduled kickoff and ending 30 minutes after the

official conclusion of the telecast of the annual football

game between the United States Military Academy and the

United States Naval Academy occurring on the second Saturday

in December in any year.”.

SEC. 207. MEDIA RIGHTS UTILIZATION REQUIREMENT FOR COLLEGE

SPORTS OTHER THAN FOOTBALL AND BASKETBALL.

(a) Definitions.—In this section, the terms “covered

entity”, “intercollegiate athletic competition”, “member

conference”, and “member institution” have the meanings

given those terms in section 8 of the Sports Broadcasting Act

of 1961, as redesignated by section 201(b)(1) of this Act.

(b) Requirement of Use.—A distributor to which any media

rights for intercollegiate athletic competitions in a sport

other than football or basketball are sold, licensed, or

otherwise conveyed by the covered entity or its member

institutions or member conferences after the date of

enactment of this Act shall affirmatively use those rights by

making the competitions reasonably available to the public

not later than 1 year after the effective date of the

agreement under which the rights are sold, licensed, or

otherwise conveyed.

(1) Failure to use rights; opportunity to cure.—If a

distributor to which media rights for intercollegiate

athletic competitions in a sport other than football or

basketball are sold, licensed, or otherwise conveyed as

described in subsection (b) does not use the rights during

the 1-year period beginning on the effective date of the

agreement under which the rights are sold, licensed, or

otherwise conveyed, the covered entity, member institution,

or member conference notifies the distributor after the

expiration of that 1-year period of the distributor's failure

to use the rights, and the distributor does not use the

rights during the 180-day period beginning on the date of the

notification, the rights for that sport shall revert to the

originating covered entity, member institution, or member

conference.

(2) Reconveyance.—Upon the reversion of rights under

paragraph (1), the covered entity, member institution, or

member conference may resell, relicense, or otherwise

reconvey the rights to another entity without penalty or

liability for breach of the original agreement described in

that paragraph.

(d) Savings.—Nothing in this section shall be construed to

modify the Sports Broadcasting Act of 1961, as amended by

this title.

TITLE III—HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM

SEC. 301. SHORT TITLE.

This title may be cited as the “HBCU Sports Media and

Connectivity Program”.

SEC. 302. GRANTS FOR IMPROVEMENT OF BROADBAND, TECHNOLOGY,

MEDIA, AND SPORTS BROADCAST INFRASTRUCTURE OF

HBCUS.

(a) In General.—

(1) Grants authorized.—The Assistant Secretary, in

consultation with the Secretary, shall award grants to

eligible entities, on a competitive basis, to support long-

term improvements to broadband, information technology, media

infrastructure, including infrastructure for the production,

transmission, and distribution of live coverage of

intercollegiate athletic events, and local journalism for

student learning.

(2) Grant period.—With respect to each eligible entity

that is awarded a grant under this section, such grant shall

be for a period determined appropriate by the Assistant

Secretary based on the information submitted by such entity

under subsection (b) that is not less than 2 years and not

more than 5 years.

(3) Multiple grants permitted.—An eligible entity may

apply for, and be awarded, more than 1 grant under this

section.

(b) Application.—To be considered for a grant under this

section, an eligible entity shall submit an application to

the Assistant Secretary that includes—

(1) to the extent possible, the information necessary for

the Assistant Secretary, in consultation with the Secretary,

to make the determinations under subsection (c);

(2) a description of the projects that such eligible entity

plans to carry out with the grant and how such projects will

advance the long-term goals of the entity;

(3) an assessment of the broadband service available on the

campus of the eligible entity, and to the students of the

eligible entity, as of the date of the application;

(4) an explanation of—

(A) how such investments in broadband, information

technology, and media production, including sports media and

live coverage of intercollegiate athletic events, and local

journalism at such eligible entity will promote and advance

educational opportunities; and

(B) the anticipated number of years that any facilities

constructed, improved, or replaced under such projects may be

used to facilitate the opportunities and investments

described in subparagraph (A);

(5) the median age of the facilities that such entity plans

to improve or replace under such projects, if existing and

applicable;

(6) if the eligible entity proposes a project described in

paragraph (2) or (4) of section 303(a), a description of how

the project will expand the capacity of the eligible entity

to produce, transmit, or distribute live coverage of

intercollegiate athletic events, including events in women's

sports and Olympic sports, and, as applicable, to make such

live coverage available in the local market of the entity as

well as for digital distribution; and

(7) if relevant to the application—

(A) baseline measurements as of the date of the

application, in the form prescribed by the Assistant

Secretary, of—

(i) available network capacity and average and peak

utilization over the preceding 12 months; and

(ii) the number and percentage of enrolled students who

lack access to broadband, and the methodology used to

determine that figure; and

(B) for each baseline measurement submitted under

subparagraph (A), a specific, numerical target the entity

commits to achieve by the end of the grant period, and the

date by which each target will be met.

Assistant Secretary, in consultation with the Secretary—

(1) shall give priority to an eligible entity that—

(A) demonstrates the greatest need to improve campus

broadband and information technology infrastructure, as

determined by a comparison of factors identified by the

Assistant Secretary, which may include—

(i) the availability, capacity, and condition of broadband

service and network infrastructure on the campus of the

eligible entity;

(ii) the median age of the network and information

technology infrastructure that the entity will use grant

funds to improve;

(iii) the extent to which student enrollment and

instructional demands exceed existing network capacity; and

(iv) the total amount of deferred maintenance of the

network and information technology infrastructure of the

entity;

(B) demonstrates the most limited capacity to raise funds

for the long-term improvement of campus broadband and

information technology infrastructure, as determined by an

assessment of—

(i) the current and historic ability of the eligible entity

to raise funds for construction, renovation, modernization,

and major repair projects for campus;

(ii) whether the eligible entity has been able to issue

bonds or receive other funds to support school construction

projects;

(iii) the bond rating of the eligible entity;

(iv) the number of students enrolled as of the date on

which the application is submitted;

(v) the total value of the endowment of the eligible entity

as of the date on which the application is submitted;

(vi) the total amount of deferred maintenance of such

infrastructure; and

(vii) the amount and sources of institutional revenue;

eligible to receive a Federal Pell Grant under subpart 1 of

part A of title IV of the Higher Education Act of 1965 (20

U.S.C. 1070a et seq.), and whose families qualify for other

Federal need-based aid;

(D) is a public institution that—

(i) faces declining State support or investment; and

(ii) demonstrates limited ability to generate revenue, as

determined by assessing—

(I) the total value of the endowment of the institution as

of the date on which the application is submitted; and

(II) the costs of the deferred maintenance of the

institution relative to the total revenue of the institution;

(E) demonstrates an effort to seek support from public and

private entities for projects carried out with a grant

awarded under this title; and

(F) proposes a project with the lowest total cost per

student projected to be served, taking into account short-

term and long-term costs of the project, cost differentials

between geographical regions, and other key cost drivers over

the lifetime of the project, and demonstrates how those

factors contribute to overall cost efficiency; and

(2) may give priority to an eligible entity—

(A) that did not receive a grant under this title in the

preceding fiscal year;

(B) that proposes projects aligned with long-term

infrastructure priorities that—

(i) serve as regional models, as determined by the

Secretary;

(ii) address multiple needs on the campus of the entity; or

(iii) address the needs of at least 1 eligible entity in

addition to the entity receiving the grant;

(D) that commits to using the facilities and equipment

funded under the grant to produce or distribute live coverage

of intercollegiate athletic events in women's sports and

Olympic sports; or

(E) that has entered into, or demonstrates plans to enter

into, a partnership, licensing arrangement, or distribution

agreement with a covered entity, a conference, an

intercollegiate athletic association, or a video programming

distributor with respect to media rights to intercollegiate

athletic events of the eligible entity.

(d) Geographic Distribution.—In evaluating applications

receiving equivalent scores under the criteria published

under subsection (f)(2), the Assistant Secretary may consider

the geographic distribution of eligible entities in the

United States.

(e) Technical Assistance.—The Assistant Secretary, in

consultation with the Secretary, shall provide technical

assistance to eligible entities to prepare the entities to

qualify for, apply for, and maintain a grant under this

title.

(f) Program Accountability.—

(1) Public input.—Not later than 120 days after the date

on which amounts are first appropriated to carry out this

title, the Assistant Secretary shall publish in the Federal

administration of the grant program under this title, with a

comment period of not less than 45 days.

(2) Program guidance.—Not later than 120 days after the

close of the comment period under paragraph (1), and before

accepting any application, the Assistant Secretary shall

publish—

(A) guidance for the grant program under this title,

including all application requirements;

(B) the criteria the Assistant Secretary will use to

evaluate applications, including the numerical weight

assigned to each criterion; and

(3) No post hoc changes.—The Assistant Secretary shall

endeavor to evaluate an application on the basis of the

criteria and weights published under paragraph (2) that were

in effect on the date on which the application window opened.

(4) Publication of scores.—Not later than 30 days after

awarding grants for a fiscal year, the Assistant Secretary

shall make available to the appropriate congressional

committees, for each grant awarded, the name of the

recipient, the amount of the grant, and the score assigned to

the recipient's application under each criterion published

under paragraph (2).

SEC. 303. GRANT USES.

(a) Permitted Uses.—Except as provided in subsection (c),

an eligible entity that receives a grant under this title

shall use the grant funds to carry out at least one of the

following activities:

(1)(A) Install, upgrade, or extend the life of—

(i) high-speed broadband internet infrastructure sufficient

to support digital and technology-based learning, except that

no funds may be used for broadband infrastructure deployment

to any location that is already served by qualifying

broadband service or is subject to enforceable deployment

obligations, as determined by the Assistant Secretary;

(ii) campus-wide broadband networks, including adjacent

infrastructure and 5G and future network generations; and

(iii) other broadband infrastructure that provides support

for teaching, learning and research.

(B) Modernize, renovate, or retrofit campus facilities,

including preserving facilities with historic significance,

to facilitate projects under this paragraph.

(2)(A) Construct, install, maintain, or facilitate—

(i) equipment or infrastructure used for training and

education in digital media production and distribution

facilities, including tools and equipment that support

instruction in television or radio broadcasting on stations

located on the campus of or affiliated with the eligible

entity; and

(ii) facilities, equipment, or services for the studio of

digital media production or production for television or

radio broadcast stations located on the campus of or

affiliated with the eligible entity.

(B) Support technology, broadcast engineering, and

journalism instruction through existing courses and

supervised training programs that are—

(i) operated by or affiliated with the eligible entity; and

(ii) used primarily for instructional and experiential

learning purposes.

(3) Establish new, or improve existing, laboratories or

research facilities relating to the fields of communications

technology, broadcast engineering, media, journalism, and

other disciplines, as determined by the Assistant Secretary

in consultation with the Secretary.

(4) Construct, install, upgrade, or operate—

(A) media production facilities, including production

control rooms, master control facilities, and mobile or

remote production units, for the coverage of intercollegiate

athletic events;

(B) cameras, replay, graphics, audio, and other production

equipment, and transmission infrastructure, including fiber,

satellite, and internet protocol transmission, sufficient to

produce live coverage of intercollegiate athletic events at

the technical standards of national and regional video

programming distributors;

enabling the eligible entity to distribute live coverage of

intercollegiate athletic events directly to the public,

including in the local market of the eligible entity; and

(D) programs that train students of the eligible entity in

sports programming, including coverage, production,

distribution, and all other aspects of media operations,

integrated where practicable with the journalism and media

programs of the entity.

(b) Additional Resources.—An eligible entity that receives

a grant under this title may use the grant funds to—

(1) purchase or lease eligible equipment, excluding

personal devices, for shared instructional and research use

by students, faculty, and other designated instructional and

research personnel of the eligible entity, provided that

equipment is relevant to uses described in subsection (a);

(2) establish, expand, or operate information technology

and network operations capacity, including hiring and

training information technology personnel to support student

learning;

(3) strengthen the cybersecurity posture of the networks

and information systems of the eligible entity, including

through network monitoring, endpoint protection, and

cybersecurity workforce training to support student learning;

(4) provide digital skills and relevant occupational

training to students;

(5) subscribe to broadband internet access service, for

each eligible student through a single broadband connection

that provides sufficient speed, reliability, and data

capacity to support online learning for enrolled students of

the eligible entity who individually demonstrate financial

need through information submitted through the Free

Application for Federal Student Aid (commonly known as the

“FAFSA”) and lack access to broadband for learning; or

(6) acquire and install research-related equipment and

technology in the campus facilities of the eligible entity

related to telecommunications, journalism, media, and

cybersecurity.

grant under this title may not use the grant funds for—

(1) payment of routine and predictable maintenance costs or

minor repairs;

(2) the purchase or support of any communications equipment

or service (as defined in section 9 of the Secure and Trusted

Communications Networks Act of 2019 (47 U.S.C. 1608)) that

poses a risk to national security;

(3) activities that are funded, in whole or in part, under

part B of title III of the Higher Education Act of 1965 (20

U.S.C. 1060 et seq.), unless the Secretary approves such use;

(4) last-mile deployment of broadband service to a campus

of an eligible entity—

(A) that already has access to broadband service at a

download speed of not less than 1 gigabit per second at the

eligible entity's primary network aggregation point; or

(B) where there is a legally enforceable obligation to

deploy broadband service at the speed described in

subparagraph (A); or

(5) technology whose primary purpose is fundraising or the

conduct of ceremonial events.

(d) Encouraging Partnerships.—The Assistant Secretary and

the Secretary shall encourage partnerships between eligible

entities and public and private entities to—

(1) provide funding in addition to the grants provided

under this title; and

(2) assist in carrying out the activities funded by grants

awarded under this title.

SEC. 304. COORDINATION.

(a) In General.—In carrying out this title, the Assistant

Secretary, in consultation with the Secretary, shall

coordinate with the following entities to ensure efficient

administration, avoid duplication of funding and efforts, and

maximize student achievement:

(1) The Federal Communications Commission, including with

respect to—

(A) the E-Rate program set forth in subpart F of part 54 of

title 47, Code of Federal Regulations;

(B) broadband availability data collected under title VIII

of the Communications Act of 1934 (47 U.S.C. 641 et seq.);

broadcast stations operated by eligible entities; and

(D) the local broadcast availability of intercollegiate

athletic events.

(2) State broadband offices, with respect to funds made

available under the Broadband Equity, Access, and Deployment

Program established under section 60102 of the Infrastructure

Investment and Jobs Act (47 U.S.C. 1702).

(3) Other Federal agencies, including the Department of

Agriculture, that fund Federal broadband deployment programs.

(4) Intercollegiate athletic associations and any covered

entity, with respect to production standards, media rights,

and distribution arrangements relevant to projects funded

under this title.

(5) The Director of the Office of Minority Broadband

Initiatives.

(b) Streamlined Applications.—The Assistant Secretary

shall, to the extent practicable, align the application

requirements under this title with the requirements of other

Federal broadband programs in order to reduce administrative

burdens on eligible entities.

activities under subsection (a), the Assistant Secretary

shall ensure that any grant or other funds provided under

this title avoid duplication with a project that has received

Federal funds from a Federal entity described in that

subsection.

SEC. 305. REPORTS AND EVALUATION.

(a) Report to Congress.—

(1) In general.—Not later than 2 years after the first

award of a grant under this title, and annually thereafter,

the Assistant Secretary, in consultation with the Secretary,

shall submit to the appropriate congressional committees a

report on the projects carried out with grant funds awarded

under this title.

(2) Elements.—The report required under paragraph (1)

shall include—

(A) with respect to projects carried out by eligible

entities with grant funds awarded under this title, an

assessment of—

(i) the types of such projects;

(ii) the total cost of each such project;

(iii) the geographic distribution of such projects; and

(iv) the demographic and socioeconomic composition of the

student population served by such projects;

(B) an evaluation of a sample of grant recipients, selected

by the Assistant Secretary taking into account size and

geographic location of each grantee, to determine how such

recipients are using the grant and the effectiveness of the

activities carried out with the grant in improving student

achievement;

and (4) of section 303(a), the number of intercollegiate

athletic events and other campus media productions produced,

transmitted, or distributed using facilities or equipment

funded under this title, disaggregated by sport and including

events in women's sports and Olympic sports; and

(D) the number of students receiving training in

journalism, broadcasting, or media production supported under

this title.

(b) Grantee Reporting Requirements.—Not later than 90 days

after the end of the grant period for a grant awarded under

this title, the grantee shall submit to the Assistant

Secretary a final report that—

(1) describes the use of grant funds, the status of each

funded asset, and the grantee's performance against each

target submitted under section 302(b)(7)(B); and

(2) meets any additional requirements established by the

Assistant Secretary in accordance with part 200 of title 2,

Code of Federal Regulations.

log-in counts, bandwidth consumed, platform hours, or any

other measure of usage or engagement may not be—

(1) used to fully satisfy any performance metric under this

title; or

(2) reported as evidence of the effectiveness of a program

carried out using grant funds awarded under this title.

SEC. 306. DEFINITIONS.

In this title:

(1) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

(A) the Committee on Commerce, Science, and Transportation

of the Senate;

(B) the Committee on Health, Education, Labor, and Pensions

of the Senate;

of Representatives; and

(D) the Committee on Energy and Commerce of the House of

Representatives.

(2) Assistant secretary.—The term “Assistant Secretary”

means the Assistant Secretary of Commerce for

Telecommunications and Information.

(3) Covered entity.—The term “covered entity” has the

meaning given the term in the Act of September 30, 1961

(commonly known as the “Sports Broadcasting Act of 1961”)

(15 U.S.C. 1291 et seq.), as amended by title II of this Act.

(4) Eligible entity.—The term “eligible entity” means—

(A) a part B institution; or

(B) an institution or program listed under section

326(e)(1) of the Higher Education Act of 1965 (20 U.S.C.

1063b(e)(1)).

(5) HBCU athletic conference.—The term “HBCU athletic

conference” means a conference the membership of which

consists predominantly of part B institutions.

(6) Intercollegiate athletic association; conference.—The

terms “intercollegiate athletic association” and

“conference” have the meanings given those terms in section

100 of this Act.

(7) Part b institution.—The term “Part B institution”

has the meaning given the term in section 322 of the Higher

Education Act of 1965 (20 U.S.C. 1061).

(8) Secretary.—The term “Secretary” means the Secretary

of Education.

(9) State.—The term “State” has the meaning given the

term in section 103 of the Higher Education Act of 1965 (20

U.S.C. 1003).

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this

title $180,000,000 for each of fiscal years 2027 through

SA 6777. Mr. THUNE proposed an amendment to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; as follows:

At the end add the following.

“This Act shall take effect 1 day after the date of

enactment.”

SA 6778. Mr. THUNE proposed an amendment to amendment SA 6777 proposed by Mr. Thune to the amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz) to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; as follows:

Strike “1 day” and insert “2 days”.

SA 6779. Mr. THUNE proposed an amendment to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; as follows:

At the end add the following.

“This Act shall take effect 3 days after the date of

enactment.”

SA 6780. Mr. THUNE proposed an amendment to amendment SA 6779 proposed by Mr. Thune to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; as follows:

Strike “3 days” and insert “4 days”.

SA 6781. Mr. THUNE proposed an amendment to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; as follows:

At the end add the following.

“This Act shall take effect 5 days after the date of

enactment.”

SA 6782. Mr. THUNE proposed an amendment to amendment SA 6781 proposed by Mr. Thune to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; as follows:

Strike “5 days” and insert “6 days”.

SA 6783. Mr. THUNE proposed an amendment to amendment SA 6782 proposed by Mr. Thune to the amendment SA 6781 proposed by Mr. Thune to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; as follows:

Strike “6 days” and insert “7 days”.

SA 6784. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . ACCESS TO STREAMING OF LIVE GAMES.

(a) Definitions.—In this section:

(1) League.—The term “league” means a professional

sports team organization in the United States for any of the

following sports:

(A) Baseball.

(B) Basketball.

(D) Hockey.

(E) Soccer.

(F) Any other sport determined by the Federal Trade

Commission, pursuant to a rule promulgated in accordance with

section 553 of title 5, United States Code.

(2) League streamer.—The term “league streamer” means a

streaming subscription service streaming the games of a

league that—

(A) has the name of the league in the title of the

streaming subscription service;

(B) is promoted by the league;

of proceeds from streaming the majority of the games of the

league; or

(D) meets any other requirement, as determined by the

Federal Trade Commission, pursuant to a rule promulgated in

accordance with section 553 of title 5, United States Code.

(3) Local fan.—The term “local fan”, with respect to a

league team, means an individual located in the same State as

the league team team, or in any other locality determined by

the Federal Communications Commission.

(b) No Blackouts.—

(1) In general.—A league streamer shall provide to

customers of the league streamer access to view live every

game of the league without implementing any kind of blackout

for consumers, including a geographic blackout.

(2) Enforcement by the federal trade commission.—

(A) Unfair or deceptive acts or practices.—A violation of

paragraph (1), or a regulation promulgated thereunder, shall

be treated as a violation of a rule defining an unfair or

deceptive act or practice under section 18(a)(1)(B) of the

Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) and as

a violation of section 5(a) of the Federal Trade Commission

Act (15 U.S.C. 45(a)) relating to unfair methods of

competition.

(B) Powers of the commission.—

(i) In general.—The Federal Trade Commission shall enforce

paragraph (1), and any regulation promulgated thereunder, in

the same manner, by the same means, and with the same

jurisdiction, powers, and duties as though all applicable

terms and provisions of the Federal Trade Commission Act (15

U.S.C. 41 et seq.) were incorporated into and made a part of

this section.

(ii) Privileges and immunities.—Any person who violates

paragraph (1), or a regulation promulgated thereunder, shall

be subject to the penalties and entitled to the privileges

and immunities provided in the Federal Trade Commission Act.

(iii) Authority preserved.—Nothing in this section shall

be construed to limit the authority of the Commission under

any other provision of law.

(iv) Rulemaking.—The Commission may promulgate in

accordance with section 553 of title 5, United States Code,

such rules as may be necessary to carry out this subsection,

including with respect to how to comply with paragraph (1).

(1) In general.—A league shall provide to each local fan

access to view live all games of the league team at no cost

to the local fan and at a quality of service not less than

that which is the best available, through a singular method

of viewing for all games, which may be—

(A) by local telecast or by streaming on a single streaming

service; and

(B) supported by advertisements.

(2) Exception.—Paragraph (1) shall not apply to—

(A) a minor league team; or

(B) a league with fewer than 8 teams.

(3) Enforcement.—

(A) Enforcement by the federal communications commission.—

The Federal Communications Commission shall have jurisdiction

over complaints alleging a violation of paragraph (1).

(B) Enforcement by state attorneys general.—

(i) In general.—In any case in which an attorney general

of a State has reason to believe that an interest of the

residents of that State has been or is threatened or

adversely affected by the engagement of any person in an act

or practice that violates this section or a regulation

promulgated under this section, the attorney general of the

State may, as parens patriae, bring a civil action on behalf

of the residents of the State in an appropriate district

court of the United States to—

(I) enjoin that act or practice;

(II) enforce compliance with this section or the

regulation;

(III) on behalf of residents of the State, obtain damages,

restitution, or other compensation, each of which shall be

distributed in accordance with State law; or

(IV) obtain such other relief as the court may consider to

be appropriate.

(ii) Reasonable attorney's fees.—In a civil action brought

under clause (i) in which the plaintiff prevails, the court

may award reasonable attorney's fees, including litigation

expenses, and costs reasonably incurred.

SA 6785. Ms. BALDWIN (for herself, Mr. Durbin, Mr. Welch, Mr. Whitehouse, Mr. Schiff, and Mr. Blumenthal) submitted an amendment intended to be proposed by her to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 121 and insert the following:

SEC. 121. RELATIONSHIP TO EXISTING LAW.

(a) In General.—No State or political subdivision of a

State may adopt, maintain, enforce, or continue in effect any

law, regulation, rule, requirement, or standard that—

(1) directly governs, regulates, or invalidates policies or

rules of an institution, a conference, or an intercollegiate

athletic association that regulates—

(A) the compensation to a student athlete or prospective

student athlete for the use of their name, image, or

likeness, except as necessary to comply with this title;

(B) transfers of student athletes between institutions; or

of section 113 with respect to the eligibility of a student

athlete to participate in intercollegiate athletics; or

(2) has the primary purpose and effect of directly

governing, regulating, or invalidating policies or rules of

an institution, a conference, or an intercollegiate athletic

association with respect to anything described in

subparagraph (A), (B), or (C) of paragraph (1).

(b) Preservation of State Laws.—Subject to subsection (a),

nothing in this Act shall preempt any State law, regulation,

rule, requirement, or standard with respect to the following:

(1) Uniform Athlete Agent Acts.

(2) Civil rights laws.

(3) Tort law.

(4) Criminal law.

(5) Laws that relate to student or campus safety.

(6) Fraud.

(7) Privacy or data breach.

(8) Contract law.

(9) Trademark law.

(10) Copyright law.

(11) Consumer protection law.

(12) Personal injury, including psychological injury.

(13) Wrongful death.

(14) Property damage.

(15) Sexual assault.

(16) Injury.

(17) Harassment.

(18) Any cause of action derivative of any of paragraphs

(12) through (17).

(1) Antitrust laws.—To the extent liability for violations

of the antitrust laws is not limited by this title,

subsection (a) shall not be construed to preempt, displace,

or supplant the antitrust laws.

(2) Federal trademark and copyright law.—Nothing in this

title or the amendments made by this title may be construed

to override, modify, or amend the applicability of Federal

trademark or copyright law.

SA 6786. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title II, add the following:

SEC. 2__. PROHIBITION ON PARTICIPATION WITH PRIVATE EQUITY

FIRMS.

(a) Definitions.—In this section:

(1) Covered firm.—The term “covered firm” means an

entity that would be considered an investment company under

section 3 of the Investment Company Act of 1940 (15 U.S.C.

80a-3) but for the application of paragraph (1) or (7) of

subsection (c) of such section 3.

(2) Institution; intercollegiate athletic competition;

student athlete.—The terms “institution”,

“intercollegiate athletic competition”, and “student

athlete” have the meanings given those terms in section 8 of

the Sports Broadcasting Act of 1961, as redesignated by

section 201(b)(1) of this Act.

(b) Prohibition.—Notwithstanding any other provision of

this title, or any amendment made by this title, an

institution may not participate with a covered firm in any

capacity with respect to—

(1) the sale, licensing, or other conveyance of media

rights for intercollegiate athletic competitions; or

(2) the operation of an intercollegiate sports program at

the institution, including with respect to coaching,

recruiting, scheduling, or the support of student athletes.

SA 6787. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 125(c)(4), strike “4” and insert “9”.

SA 6788. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 119, strike subsection (c) and insert the

following:

in which the plaintiff prevails, the court may award the

plaintiff—

(1) threefold the damages sustained by the plaintiff;

(2) the costs to the plaintiff of bringing the civil

action, including a reasonable attorney's fee; and

(3) any other relief, including equitable relief or

declaratory relief, that the court determines appropriate.

SA 6789. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In title III, strike section 306(4) and all that follows

through the end of the title and insert the following:

(4) Eligible entity.—The term “eligible entity” means—

(A) a part B institution;

(B) an institution or program listed under section

326(e)(1) of the Higher Education Act of 1965 (20 U.S.C.

1063b(e)(1)); or

the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(5) HBCU athletic conference.—The term “HBCU athletic

conference” means a conference the membership of which

consists predominantly of part B institutions.

(6) Intercollegiate athletic association; conference.—The

terms “intercollegiate athletic association” and

“conference” have the meanings given those terms in section

100 of this Act.

(7) Part b institution.—The term “Part B institution”

has the meaning given the term in section 322 of the Higher

Education Act of 1965 (20 U.S.C. 1061).

(8) Secretary.—The term “Secretary” means the Secretary

of Education.

(9) State.—The term “State” has the meaning given the

term in section 103 of the Higher Education Act of 1965 (20

U.S.C. 1003).

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this

title $360,000,000 for each of fiscal years 2027 through

SA 6790. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 118(a), strike paragraphs (1) and (2) and insert

the following:

(1) section 114, except, if the covered settlement

agreement (as defined in section 115(g)) expires or

terminates but no joint resolution of approval relating to

the notice of that expiration or termination is enacted into

law during the applicable congressional approval period under

section 115, the provisions relating to the revenue share cap

and the retention fund;

(2) section 115 only to the extent that—

(A) the covered settlement agreement (as so defined) is

still in effect; or

(B) a joint resolution of approval relating to notice of

the expiration or termination of the covered settlement

agreement (as so defined) is enacted into law under that

section during the applicable congressional approval period;

SA 6791. Mr. CRAPO (for himself and Mrs. Shaheen) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H—Bring Our Heroes Home Act

SEC. 1094. SHORT TITLE.

This subtitle may be cited as the “Bring Our Heroes Home

Act”.

SEC. 1095. DEFINITIONS.

In this subtitle:

(1) Archivist.—The term “Archivist” means the Archivist

of the United States.

(2) Collection.—The term “Collection” means the Missing

Armed Forces and Civilian Personnel Records Collection

established under section 1096(a).

(3) Executive agency.—The term “Executive agency”—

(A) means an agency, as defined in section 552(f) of title

5, United States Code;

(B) includes any Executive department, military department,

Government corporation, Government controlled corporation, or

other establishment in the executive branch of the Federal

Government, including the Executive Office of the President,

any branch of the Armed Forces, and any independent

regulatory agency; and

department, corporation, or establishment.

(4) Executive director.—The term “Executive Director”

means the Executive Director of the Review Board.

(5) Government office.—The term “Government office”

means an Executive agency, the Library of Congress, or the

National Archives.

(6) Missing armed forces and civilian personnel.—The term

“missing Armed Forces and civilian personnel”—

(A) means 1 or more missing persons; and

(B) includes an individual who was a missing person and

whose status was later changed to “missing and presumed

dead”.

(7) Missing armed forces and civilian personnel record.—

The term “missing Armed Forces and civilian personnel

record” means a record that relates, directly or indirectly,

to the loss, fate, or status of missing Armed Forces and

civilian personnel that—

(A) was created or made available for use by, obtained by,

or otherwise came into the custody, possession, or control

of—

(i) any Government office;

(ii) any Presidential library; or

(iii) any of the Armed Forces; and

(B) relates to 1 or more missing Armed Forces and civilian

personnel who became missing persons during the period—

(i) beginning on December 7, 1941; and

(ii) ending on the date of enactment of this Act.

(8) Missing person.—The term “missing person” means—

(A) a person described in paragraph (1) of section 1513 of

title 10, United States Code; and

(B) any other civilian employee of the Federal Government

or an employee of a contractor of the Federal Government who

serves in direct support of, or accompanies, the Armed Forces

in the field under orders and who is in a missing status (as

that term is defined in paragraph (2) of such section 1513).

(9) National archives.—The term “National Archives”—

(A) means the National Archives and Records Administration;

and

(B) includes any component of the National Archives and

Records Administration (including Presidential archival

depositories established under section 2112 of title 44,

United States Code).

(10) Official investigation.—The term “official

investigation” means a review, briefing, inquiry, or hearing

relating to missing Armed Forces and civilian personnel

conducted by a Presidential commission, committee of

Congress, or agency, regardless of whether it is conducted

independently, at the request of any Presidential commission

or committee of Congress, or at the request of any official

of the Federal Government.

(11) Originating body.—The term “originating body” means

the Government office or other initial source that created a

record or particular information within a record.

(12) Public interest.—The term “public interest” means

the compelling interest in the prompt public disclosure of

missing Armed Forces and civilian personnel records for

historical and governmental purposes, for public research,

and for the purpose of fully informing the people of the

United States, most importantly families of missing Armed

Forces and civilian personnel, about the fate of the missing

Armed Forces and civilian personnel and the process by which

the Federal Government has sought to account for them.

(13) Record.—The term “record” has the meaning given the

term “records” in section 3301 of title 44, United States

Code.

(14) Review board.—The term “Review Board” means the

Missing Armed Forces and Civilian Personnel Records Review

Board established under section 1099.

SEC. 1096. MISSING ARMED FORCES AND CIVILIAN PERSONNEL

RECORDS COLLECTION AT THE NATIONAL ARCHIVES.

(a) Establishment of Collection.—Not later than 90 days

after a quorum of the Review Board has been established under

section 1099, the Archivist shall—

(1) commence establishment of a collection of records to be

known as the “Missing Armed Forces and Civilian Personnel

Records Collection”;

(2) commence preparing the subject guidebook and index to

the Collection; and

(3) establish criteria and acceptable formats for Executive

agencies to follow when transmitting copies of missing Armed

Forces and civilian personnel records to the Archivist, to

include required metadata, including applicable information

privacy safeguards.

(b) Regulations.—Not later than 90 days after the date of

the swearing in of the Review Board members, the Review Board

shall promulgate rules to establish guidelines and processes

for the disclosure of records contained in the Collection,

including applicable information privacy safeguards.

(1) Senate.—The Committee on Homeland Security and

Governmental Affairs of the Senate shall have continuing

jurisdiction, including legislative oversight jurisdiction,

in the Senate with respect to the Collection.

(2) House of representatives.—The Committee on Oversight

and Government Reform of the House of Representatives shall

have continuing jurisdiction, including legislative oversight

jurisdiction, in the House of Representatives with respect to

the Collection.

SEC. 1097. REVIEW, IDENTIFICATION, TRANSMISSION TO THE

NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF

MISSING ARMED FORCES AND CIVILIAN PERSONNEL

RECORDS BY GOVERNMENT OFFICES.

(a) In General.—

(1) Preparation.—As soon as practicable after the date of

enactment of this Act, and sufficiently in advance of the

deadlines established under this subtitle, each Government

office shall—

(A) identify and locate any missing Armed Forces and

civilian personnel records in the custody, possession, or

control of the Government office, including intelligence

reports, congressional inquiries, memoranda to or from the

White House and other Federal departments and agencies,

Prisoner of War debriefings, live sighting reports, and

documents relating to Prisoner of War camps, movement of

Prisoners of War, exploitation of Prisoners of War,

experimentation on Prisoners of War, or status changes from

Missing in Action to Killed in Action; and

(B) prepare for transmission to the Archivist in accordance

with the criteria and acceptable formats established by the

Archivist a copy of any missing Armed Forces and civilian

personnel records.

(2) Certification.—Each Government office shall submit to

the Archivist, under penalty of perjury, a certification

indicating—

(A) whether the Government office has conducted a thorough

search for all missing Armed Forces and civilian personnel

records in the custody, possession, or control of the

Government office; and

(B) whether a copy of any missing Armed Forces and civilian

personnel record in the custody, possession, or control of

the Government office has not been transmitted to the

Archivist.

(3) Preservation.—No missing Armed Forces and civilian

personnel record shall be destroyed, altered, or mutilated in

any way.

(4) Effect of previous disclosure.—Information that was

made available or disclosed to the public before the date of

enactment of this Act in a missing Armed Forces and civilian

personnel record may not be withheld, redacted, postponed for

public disclosure, or reclassified.

(5) Withheld and substantially redacted records.—

(A) In general.—For any missing Armed Forces and civilian

personnel record that is transmitted to the Archivist which a

Government office proposes to substantially redact or

withhold in full from public access, the head of the

Government office shall submit an unclassified and publicly

releasable report to the Archivist, the Review Board, and

each committee of the Senate or the House of Representatives

with jurisdiction of a program, project, or activity of the

Government office justifying the decision of the Government

office to substantially redact or withhold the record by

demonstrating that the release of information would clearly

and demonstrably be expected to cause an articulated harm,

and that the harm would be of such gravity as to outweigh the

public interest in access to the information.

(B) Rulemaking.—The Archivist shall promulgate regulations

to define the term “substantially redacted record” for

purposes of subparagraph (A).

(b) Review.—

(1) In general.—Except as provided under paragraph (5),

not later than 270 days after a quorum of the Review Board

has been established under section 1099, each Government

office shall, in accordance with the criteria

and acceptable formats established by the Archivist—

(A) identify, locate, copy, and review each missing Armed

Forces and civilian personnel record in the custody,

possession, or control of the Government office for

transmission to the Archivist and disclosure to the public

or, if needed, review by the Review Board; and

(B) cooperate fully, in consultation with the Archivist, in

carrying out paragraph (3).

(2) Requirement.—The Review Board shall promulgate rules

for the disclosure of relevant records by Government offices

under paragraph (1).

(3) National archives records.—Not later than 270 days

after a quorum of the Review Board has been established under

section 1099, the Archivist shall—

(A) locate and identify all missing Armed Forces and

civilian personnel records in the custody of the National

Archives as of the date of enactment of this Act that remain

classified, in whole or in part;

(B) notify a Government office if the Archivist locates and

identifies a record of the Government office under

subparagraph (A); and

personnel record located and identified under subparagraph

(A) available for review by Executive agencies through the

National Declassification Center established under Executive

Order 13526 (50 U.S.C. 3161 note; relating to classified

national security information), or any successor order.

(4) Records already public.—A missing Armed Forces and

civilian personnel record that is in the custody of the

National Archives on the date of enactment of this Act and

that has been publicly available in its entirety without

redaction shall be made available in the Collection without

any additional review by the Archivist, the Review Board, or

any other Government office under this subtitle.

(5) Exemptions.—

(A) Department of defense pow/mia accounting agency.—The

Defense POW/MIA Accounting Agency is exempt from the

requirement under this subsection to declassify and transmit

to the Archivist documents in its custody or control that

pertain to a specific case or cases that the Defense POW/MIA

Accounting Agency is actively investigating or developing for

the purpose of locating, disinterring, or identifying a

member of the Armed Forces who is a missing person.

(B) Department of defense military service casualty offices

and department of state service casualty offices.—The

Department of Defense Military Service Casualty Offices and

the Department of State Service Casualty Offices are exempt

from the requirement to declassify and transmit to the

Archivist documents in their custody or control that pertain

to individual cases with respect to which the office is

lending support and assistance to the families of missing

persons.

office shall—

(1) not later than 270 days after a quorum of the Review

Board has been established under section 1099, commence

transmission to the Archivist of copies of the missing Armed

Forces and civilian personnel records in the custody,

possession, or control of the Government office, except for

records described in subsection (a)(5); and

(2) not later than 1 year after a quorum of the Review

Board has been established under section 1099, complete

transmission to the Archivist of copies of all missing Armed

Forces and civilian personnel records in the custody,

possession, or control of the Government office.

(d) Periodic Review of Postponed Missing Armed Forces and

Civilian Personnel Records.—

(1) In general.—All missing Armed Forces and civilian

personnel records, or information within a missing Armed

Forces and civilian personnel record, the public disclosure

of which has been postponed under the standards under this

subtitle shall be reviewed by the originating body—

(A)(i) periodically, but not less than every 5 years, after

the date on which the Review Board terminates under section

1099(p); and

(ii) at the direction of the Archivist; and

(B) consistent with the recommendations of the Review Board

under section 1099B(b)(3)(B).

(2) Contents.—

(A) In general.—A periodic review of a missing Armed

Forces and civilian personnel record, or information within a

missing Armed Forces and civilian personnel record, by the

originating body shall address the public disclosure of the

missing Armed Forces and civilian personnel record under the

standards under this subtitle.

(B) Continued postponement.—If an originating body

conducting a periodic review of a missing Armed Forces and

civilian personnel record, or information within a missing

Armed Forces and civilian personnel record, the public

disclosure of which has been postponed under the standards

under this subtitle, determines that continued postponement

is required, the originating body shall provide to the

Archivist an unclassified written description of the reason

for the continued postponement that the Archivist shall

highlight and make accessible on a publicly accessible

website administered by the National Archives.

Forces and civilian personnel records, or information within

a missing Armed Forces and civilian personnel record, shall

provide expeditious public disclosure of missing Armed Forces

and civilian personnel records, to the fullest extent

possible, subject only to the grounds for postponement of

disclosure under section 1098.

(D) Disclosure absent certification by president.—Not

later than 10 years after the date on which a quorum of the

Review Board has been established under section 1099, all

missing Armed Forces and civilian personnel records, and

information within a missing Armed Forces and civilian

personnel record, shall be publicly disclosed in full, and

available in the Collection, unless—

(i) the head of the originating body, an Executive agency,

or another Government office recommends in writing that

continued postponement is necessary;

(ii) the written recommendation described in clause (i)—

(I) is provided to the Archivist in unclassified and

publicly releasable form not later than 180 days before the

date that is 10 years the date on which a quorum of the

Review Board has been established under section 1099; and

(II) includes—

(aa) a justification of the recommendation to postpone

disclosure with clear and convincing evidence that the

identifiable harm is of such gravity that it outweighs the

public interest in disclosure; and

(bb) a recommended specified time at which or a specified

occurrence following which the material may be appropriately

disclosed to the public under this subtitle;

(iii) the Archivist transmits all recommended postponements

and the recommendation of the Archivist to the President not

later than 90 days before the date that is 10 years after the

date on which a quorum of the Review Board has been

established under section 1099; and

(iv) the President transmits to the Archivist a

certification indicating that continued postponement is

necessary and the identifiable harm, as demonstrated by clear

and convincing evidence, is of such gravity that it outweighs

the public interest in disclosure not later than the date

that is 10 years after the date on which a quorum of the

Review Board has been established under section 1099.

(e) Records Management.—In carrying out this section, the

Archivist shall comply with any applicable statutory or

regulatory requirement related to records management.

SEC. 1098. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF

RECORDS.

(a) In General.—Disclosure to the public of a missing

Armed Forces and civilian personnel record or particular

information in a missing Armed Forces and civilian personnel

record created after the date that is 25 years before the

date of the review of the missing Armed Forces and civilian

personnel record by the Archivist may be postponed subject to

the limitations under this subtitle only—

(1) if—

(A) it pertains to—

(i) military plans, weapons systems, or operations;

(ii) foreign government information;

(iii) intelligence activities (including covert action),

intelligence sources or methods, or cryptology;

(iv) foreign relations or foreign activities of the United

States, including confidential sources;

(v) scientific, technological, or economic matters relating

to the national security;

(vi) United States Government programs for safeguarding

nuclear materials or facilities;

(vii) vulnerabilities or capabilities of systems,

installations, infrastructures, projects, plans, or

protection services relating to the national security; or

(viii) the development, production, or use of weapons of

mass destruction; and

(B) the threat posed by the public disclosure of the

missing Armed Forces and civilian personnel record or

information is of such gravity that it outweighs the public

interest in disclosure;

(2) if the information is protected from disclosure under

section 552(b) of title 5, United States Code (commonly known

as the “Freedom of Information Act”); or

(3) if it reveals information described in paragraphs (1)

through (9) of section 3.3(b) of Executive Order 13526 (50

U.S.C. 3161 note; relating to classified national security

information).

(b) Older Records.—Disclosure to the public of a missing

Armed Forces and civilian personnel record or particular

information in a missing Armed Forces and civilian personnel

record created on or before the date that is 25 years before

the date of the review of the missing Armed Forces and

civilian personnel record by the Archivist may be postponed

subject to the limitations under this subtitle only if, as

demonstrated by clear and convincing evidence—

(1) the release of the information would be expected to—

(A) reveal the identity of a confidential human source, a

human intelligence source, a relationship with an

intelligence or security service of a foreign government or

international organization, or a nonhuman intelligence

source, or impair the effectiveness of an intelligence method

currently in use, available for use, or under development;

(B) reveal information that would impair United States

cryptologic systems or activities;

military war plans that remain in effect, or reveal

operational or tactical elements of prior plans that are

contained in such active plans; or

(D) reveal information, including foreign government

information, that would cause serious harm to relations

between the United States and a foreign government, or to

ongoing diplomatic activities of the United States; and

(2) the threat posed by the public disclosure of the

missing Armed Forces and civilian personnel record or

information is of such gravity that it outweighs the public

interest in disclosure.

Armed Forces and civilian personnel record was created,

disclosure to the public of information in the missing Armed

Forces and civilian personnel record may be postponed if—

(1) the public disclosure of the information would reveal

the name or identity of a living person who provided

confidential information to the United States and would pose

a substantial risk of harm to that person, which shall be

determined in accordance with section 552(b)(7)(D) of title

5, United States Code;

(2) the public disclosure of the information could

reasonably be expected to constitute an unwarranted invasion

of personal privacy, and that invasion of privacy is so

substantial that it outweighs the public interest;

(3) the public disclosure of the information could

reasonably be expected to cause harm to the methods currently

in use or available for use by members of the Armed Forces to

survive, evade, resist, or escape; or

(4) the public disclosure of such information would

conflict with United States law, regulations, or executive

orders, including any law, regulation, or executive order

governing the disclosure of classified information.

SEC. 1099. ESTABLISHMENT AND POWERS OF THE MISSING ARMED

FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW

BOARD.

(a) Establishment.—There is established as an independent

establishment in the executive branch a board to be known as

the “Missing Armed Forces and Civilian Personnel Records

Review Board” to ensure and facilitate the review,

transmission to the Archivist, and public disclosure of

missing Armed Forces and civilian personnel records.

(b) Membership.—

(1) Appointments.—The Review Board shall be composed of 5

members appointed by the President, by and with the advice

and consent of the Senate, of whom—

(A) 1 shall be appointed in consultation with the Archivist

of the United States and shall serve as the Chairperson of

the Review Board;

(B) 1 shall be appointed in consultation with the majority

leader of the Senate;

(D) 1 shall be appointed in consultation with the Speaker

of the House of Representatives; and

(E) 1 shall be appointed in consultation with the minority

leader of the House of Representatives.

(2) Qualifications.—The members of the Review Board

shall—

(A) be appointed without regard to political affiliation;

(B) be citizens of the United States of integrity and

impartiality;

the appointment;

(D) have high national professional reputation in their

fields and be capable of exercising the independent and

objective judgment necessary to the fulfillment of their role

in ensuring and facilitating the identification, location,

review, transmission to the Archivist, and public disclosure

of missing Armed Forces and civilian personnel records;

(E) possess an appreciation of the value of missing Armed

Forces and civilian personnel records to scholars, the

Federal Government, and the public, particularly families of

missing Armed Forces and civilian personnel;

(F) include at least 1 professional historian; and

(G) include at least 1 attorney.

(3) Consultation with the office of government ethics.—In

considering persons to be appointed to the Review Board, the

President shall consult with the Director of the Office of

Government Ethics to—

(A) determine criteria for possible conflicts of interest

of members of the Review Board, consistent with ethics laws,

statutes, and regulations for executive branch employees; and

(B) ensure that no individual selected for such position of

member of the Review Board possesses a conflict of interest

as so determined.

(4) Consultation.—Appointments to the Review Board shall

be made after considering individuals recommended by the

American Historical Association, the Organization of American

Historians, the Society of American Archivists, the American

Bar Association, veterans' organizations, and organizations

representing families of missing Armed Forces and civilian

personnel.

(1) In general.—Each member of the Review Board shall seek

appropriate security clearances necessary to carry out the

duties of the Review Board.

(2) Review.—The appropriate departments, agencies, and

elements of the executive branch of the Federal Government

shall cooperate to ensure that an application by an

individual nominated to be a member of the Review Board

seeking a security clearance under paragraph (1) is

expeditiously reviewed and granted or denied.

(d) Consideration by the Senate.—Nominations for

appointment under subsection (b)(1) shall be referred to the

Committee on Homeland Security and Governmental Affairs of

the Senate for consideration.

(e) Vacancy.—Not later than 60 days after the date on

which a vacancy on the Review Board occurs, the vacancy shall

be filled in the same manner as specified for original

appointment.

(f) Chairperson Needed for Quorum.—A majority of the

members of the Review Board, including the Chairperson

appointed and confirmed pursuant to subsection (b)(1)(A),

shall constitute a quorum.

(g) Removal of Review Board Member.—

(1) In general.—A member of the Review Board shall not be

removed from office, other than—

(A) by impeachment by Congress; or

(B) by the action of the President for inefficiency,

neglect of duty, malfeasance in office, physical disability,

mental incapacity, or any other condition that substantially

impairs the performance of the member's duties.

(2) Judicial review.—

(A) In general.—A member of the Review Board removed from

office may obtain judicial review of the removal in a civil

action commenced in the United States District Court for the

District of Columbia.

(B) Relief.—The member may be reinstated or granted other

appropriate relief by order of the court.

(3) Notice of removal.—If a member of the Review Board is

removed from office, and that removal is by the President,

not later than 10 days after the removal, the President shall

submit to the leadership of Congress, the Committee on

Homeland Security and Governmental Affairs of the Senate, and

the Committee on Oversight and Government Reform of the House

of Representatives a report specifying the facts found and

the grounds for the removal.

(h) Compensation of Members.—

(1) Basic pay.—A member of the Review Board shall be

treated as an employee of the executive branch and

compensated at a rate equal to the daily equivalent of the

annual rate of basic pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5, United

States Code, for each day, including travel time, during

which the member is engaged in the performance of the duties

of the Review Board.

(2) Travel expenses.—A member of the Review Board shall be

allowed reasonable travel expenses, including per diem in

lieu of subsistence, at rates for employees of agencies under

subchapter I of chapter 57 of title 5, United States Code,

while away from the member's home or regular place of

business in the performance of services for the Review Board.

(i) Duties of the Review Board.—

(1) In general.—The Review Board shall consider and render

a decision on a determination by a Government office to seek

to postpone the disclosure of a missing Armed Forces and

civilian personnel record, in whole or in part.

(2) Records.—In carrying out paragraph (1), the Review

Board shall consider and render a decision regarding—

(A) whether a record constitutes a missing Armed Forces and

civilian personnel record; and

(B) whether a missing Armed Forces and civilian personnel

record, or particular information in a missing Armed Forces

and civilian personnel record, qualifies for postponement of

disclosure under this subtitle.

(j) Powers.—

(1) In general.—The Review Board shall have the authority

to act in a manner prescribed under this subtitle, including

the authority to—

(A) direct Government offices to transmit to the Archivist

missing Armed Forces and civilian personnel records as

required under this subtitle;

(B) direct Government offices to transmit to the Archivist

substitutes and summaries of missing Armed Forces and

civilian personnel records that can be publicly disclosed to

the fullest extent for any missing Armed Forces and civilian

personnel record that is proposed for postponement in full or

that is substantially redacted;

personnel records that have been identified by a Government

office;

(D) direct a Government office to make available to the

Review Board, and if necessary investigate the facts

surrounding, additional information, records, or testimony

from individuals, which the Review Board has reason to

believe are required to fulfill the functions and

responsibilities of the Review Board under this subtitle;

(E) hold such hearings, sit and act at such times and

places, take such testimony, receive such evidence,

administer such oaths, and subpoena documents as the Review

Board considers advisable to carry out the responsibilities

of the Review Board under this subtitle;

(F) subpoena private persons to compel the production of

documents and other records relevant to the responsibilities

of the Review Board under this subtitle;

(G) require any Government office to account in writing for

the destruction of any records relating to the loss, fate, or

status of

missing Armed Forces and civilian personnel;

(H) receive information from the public regarding the

identification and public disclosure of missing Armed Forces

and civilian personnel records; and

(I) make a final determination regarding whether a missing

Armed Forces and civilian personnel record, or information

contained in a missing Armed Forces and civilian personnel

record, will be disclosed to the public or disclosure of the

missing Armed Forces and civilian personnel record or the

information to the public will be postponed, notwithstanding

the determination of a Government office.

(2) Enforcement of subpoenas.—Any subpoena issued under

the Review Board under this subsection may be enforced by any

appropriate Federal court acting pursuant to a lawful request

of the Review Board.

(k) Presidential Authority Over Review Board

Determination.—

(1) Public disclosure or postponement of disclosure.—After

the Review Board has made a formal determination concerning

the public disclosure or postponement of disclosure of an

missing Armed Forces and civilian personnel record or

information contained in a missing Armed Forces and civilian

personnel record, obtained or developed solely within the

executive branch, the President—

(A) shall have the sole and nondelegable authority to

require the disclosure or postponement of disclosure of such

record or information under the standards set forth in

sections 1097 and 1098; and

(B) shall provide the Review Board with an unclassified

written certification specifying the President's decision

within 30 days after the Review Board's determination and

notice to the executive agency as required under this

subtitle, stating the justification for the President's

decision, including the applicable grounds for postponement

under section 1098.

(2) Periodic review.—Any missing Armed Forces and civilian

personnel record or information contained in a missing Armed

Forces and civilian personnel record for which public

disclosure is postponed by the President shall be subject to

the requirements of periodic review and declassification of

classified information and public disclosure in the

Collection set forth in section 1097.

(3) Record of presidential postponement.—The Review Board

shall, upon its receipt, publish in the Federal Register a

copy of any unclassified written certification, statement, or

other materials transmitted by or on behalf of the President

with regard to postponement of the public disclosure of

missing Armed Forces and civilian personnel records, or

information contained in a missing Armed Forces and civilian

personnel records, under section 1098.

(l) Witness Immunity.—The Review Board shall be considered

to be an agency of the United States for purposes of section

6001 of title 18, United States Code.

(m) Oversight.—

(1) In general.—The Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform of the House of

Representatives shall—

(A) have continuing legislative oversight jurisdiction with

respect to the official conduct of the Review Board and the

disposition of postponed records after termination of the

Review Board; and

(B) not later than 10 days after submitting a request, be

provided access to any records held or created by the Review

Board.

(2) Duty of review board.—The Review Board shall have the

duty to cooperate with the exercise of oversight jurisdiction

under paragraph (1).

(3) Security clearances.—The Chair and Ranking Members of

the Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Oversight and Government

Reform of the House of Representatives, and designated

Committee staff, shall be granted all security clearances and

accesses held by the Review Board, including to relevant

Presidential and department or agency special access and

compartmented access programs.

(n) Support Services.—The Administrator of General

Services shall provide administrative services for the Review

Board on a reimbursable basis.

(o) Interpretive Regulations.—The Review Board may issue

interpretive regulations if the Review Board finds such

regulation to be necessary and appropriate.

(p) Termination and Winding Up.—

(1) In general.—On the date that is 2 years after the date

of enactment of this Act, the Review Board shall, by majority

vote, determine whether all Government offices have complied

with the obligations, mandates, and directives under this

subtitle.

(2) Termination date.—The Review Board shall terminate on

the date that is 4 years after the date on which all members

of the Review Board are sworn in to the Review Board.

(3) Report.—Before the termination of the Review Board

under paragraph (2), the Review Board shall submit to

Congress reports, including a complete and accurate

accounting of expenditures during its existence, and shall

complete all other reporting requirements under this

subtitle.

(4) Records.—Upon termination of the Review Board, the

Review Board shall transfer all records of the Review Board

to the Archivist for inclusion in the Collection, and no

record of the Review Board shall be destroyed.

SEC. 1099A. MISSING ARMED FORCES AND CIVILIAN PERSONNEL

RECORDS REVIEW BOARD PERSONNEL.

(a) Executive Director.—

(1) In general.—Not later than 45 days after the initial

meeting of the Review Board, the Review Board shall appoint

an individual to the position of Executive Director.

(2) Qualifications.—The individual appointed as Executive

Director—

(A) shall be a citizen of the United States of integrity

and impartiality;

(B) shall be appointed without regard to political

affiliation; and

mission of the Review Board.

(3) Consultation with the office of government ethics.—In

their consideration of the person to be appointed to the

position of Executive Director, the Review Board shall

consult with the Director of the Office of Government Ethics

to—

(A) determine criteria for possible conflicts of interest

of the Executive Director, consistent with ethics laws,

statutes, and regulations for executive branch employees; and

(B) ensure that no individual selected for such position of

Executive Director possesses a conflict of interest as so

determined.

(4) Security clearance.—

(A) In general.—The individual appointed as Executive

Director shall have the security clearance necessary to carry

out the duties of the position at the time of appointment.

(B) Expedited provision.—The appropriate departments,

agencies, and elements of the executive branch of the Federal

Government shall cooperate to ensure that an application by

an individual who is a candidate for appointment as the

Executive Director, seeking security clearances necessary to

carry out the duties of the Executive Director, is

expeditiously reviewed and granted or denied.

(5) Duties.—The Executive Director shall—

(A) serve as principal liaison to Government offices;

(B) be responsible for the administration and coordination

of the review of records by the Review Board;

activities conducted by the Review Board; and

(D) not have the authority to decide or determine whether

any record should be disclosed to the public or postponed for

disclosure.

(6) Removal.—The Executive Director may be removed by a

majority vote of the Review Board.

(b) Staff.—

(1) In general.—The Review Board may, in accordance with

the civil service laws, but without regard to civil service

law and regulation for competitive service as described in

subchapter I of chapter 33 of title 5, United States Code,

appoint and terminate additional employees as are necessary

to enable the Review Board and the Executive Director to

perform their duties under this subtitle.

(2) Treatment as employees of executive branch.—The

Executive Director and other employees of the Review Board

shall be treated as employees of the executive branch.

(3) Qualifications.—An individual appointed to a position

as an employee of the Review Board—

(A) shall be a citizen of the United States of integrity

and impartiality; and

(B) shall not have had any previous involvement with any

official investigation or inquiry relating to the loss, fate,

or status of missing Armed Forces and civilian personnel.

(4) Consultation with the office of government ethics.—In

their consideration of persons to be appointed as staff of

the Review Board, the Review Board shall consult with the

Director of the Office of Government Ethics to—

(A) determine criteria for possible conflicts of interest

of staff of the Review Board, consistent with ethics laws,

statutes, and regulations for executive branch employees; and

(B) ensure that no individual appointed to a position as an

employee of the Review Board possesses a conflict of interest

as so determined.

(5) Security clearance.—

(A) In general.—An individual appointed to a position as

an employee of the Review Board shall have the security

clearance necessary to carry out the duties of the position

at the time of appointment.

(B) Expedited provision.—The appropriate departments,

agencies, and elements of the executive branch of the Federal

Government shall cooperate to ensure that an application by

an individual who is a candidate for a position with the

Review Board, seeking security clearances necessary to carry

out the duties of the position, is expeditiously reviewed and

granted or denied.

compensation of the Executive Director and other employees of

the Review Board described in subsection (b) without regard

to chapter 51 and subchapter III of chapter 53 of title 5,

United States Code, relating to classification of positions

and General Schedule pay rates, except that the rate of pay

for the Executive Director and other employees may not exceed

the rate payable for level V of the Executive Schedule under

section 5316 of title 5, United States Code.

(d) Advisory Committees.—

(1) In general.—The Review Board may create 1 or more

advisory committees to assist in fulfilling the

responsibilities of the Review Board under this subtitle.

(2) Applicability of faca.—Any advisory committee created

by the Review Board shall be subject to chapter 10 of title

5, United States Code.

SEC. 1099B. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND

CIVILIAN PERSONNEL RECORDS REVIEW BOARD.

(a) Startup Requirements.—The Review Board shall—

(1) not later than 90 days after the date on which all

members are sworn in, publish an initial schedule for review

of all missing Armed Forces and civilian personnel records,

which the Archivist shall highlight and make available on a

publicly accessible website administered by the National

Archives; and

(2) not later than 180 days after the swearing in of the

Review Board members, begin reviewing missing Armed Forces

and civilian personnel records, as necessary, under this

subtitle.

(b) Determination of the Review Board.—

(1) In general.—The Review Board shall direct that all

records that relate, directly or indirectly, to the loss,

fate, or status of missing Armed Forces and civilian

personnel be transmitted to the Archivist and disclosed to

the public in the Collection in the absence of clear and

convincing evidence that the record is not a missing Armed

Forces and civilian personnel record.

(2) Postponement.—In approving postponement of public

disclosure of a missing Armed Forces and civilian personnel

record, or information within a missing Armed Forces and

civilian personnel record, the Review Board shall seek to

carry out the following:

(A) Provide for the disclosure of segregable parts,

substitutes, or summaries of the missing Armed Forces and

civilian personnel record.

(B) Determine, in consultation with the originating body

and consistent with the standards for postponement under this

subtitle, which of the following alternative forms of

disclosure shall be made by the originating body:

(i) Any reasonably segregable particular information in a

missing Armed Forces and civilian personnel record.

(ii) A substitute record for that information which is

postponed.

(iii) A summary of a missing Armed Forces and civilian

personnel record.

(3) Reporting.—With respect to a missing Armed Forces and

civilian personnel record, or information within a missing

Armed Forces and civilian personnel record, the public

disclosure of which is postponed under this subtitle, or for

which only substitutions or summaries have been disclosed to

the public, the Review Board shall create and transmit to the

Archivist, the Committee on Homeland Security and

Governmental Affairs of the Senate, and the Committee on

Oversight and Government Reform of the House of

Representatives an unclassified and publicly releasable

report containing—

(A) a description of actions by the Review Board, the

originating body, or any Government office (including a

justification of any such action to postpone disclosure of

any record or part of any record) and of any official

proceedings conducted by the Review Board; and

(B) a statement, based on a review of the proceedings and

in conformity with the decisions reflected therein,

designating a recommended specified time at which, or a

specified occurrence following which, the material may be

appropriately disclosed to the public under this subtitle,

which the Review Board shall disclose to the public with

notice thereof, reasonably calculated to make interested

members of the public aware of the existence of the

statement.

(4) Actions after determination.—

(A) In general.—Not later than 30 days after the date of a

determination by the Review Board that a missing Armed Forces

and civilian personnel record shall be publicly disclosed in

the Collection or postponed for disclosure, the Review Board

shall notify the head of the originating body of the

determination and highlight and make available the

determination on a publicly accessible website reasonably

calculated to make interested members of the public aware of

the existence of the determination.

(B) Oversight notice.—Simultaneous with notice under

subparagraph (A), the Review Board shall provide notice of a

determination concerning the public disclosure or

postponement of disclosure of a missing Armed Forces and

civilian personnel record, or information contained within a

missing Armed Forces and civilian personnel record, which

shall include a written unclassified justification for public

disclosure or postponement of disclosure, including an

explanation of the application of any standards in section

1098 to the President, to the Committee on Homeland Security

and Governmental Affairs of the Senate, and the Committee on

Oversight and Government Reform of the House of

Representatives.

(5) Referral after termination.—A missing Armed Forces and

civilian personnel record that is identified, located, or

otherwise discovered after the date on which the Review Board

terminates shall be transmitted to the Archivist for the

Collection and referred to the Committee on Homeland Security

and Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform of the House of

Representatives for review, ongoing oversight and, as

warranted, referral for possible enforcement action relating

to a violation of this subtitle and determination as to

whether declassification of the missing Armed Forces and

civilian personnel is warranted under this subtitle.

that is 60 days after the date on which the Review Board

first approves the postponement of disclosure of a missing

Armed Forces and civilian personnel record, the Review Board

shall highlight and make accessible on a publicly available

website reasonably calculated to make interested members of

the public aware of the existence of the postponement a

notice that summarizes the postponements approved by the

Review Board, including a description of the subject,

originating body, length or other physical description, and

each ground for postponement that is relied upon.

(d) Reports by the Review Board.—

(1) In general.—Not later than 1 year after the date of

enactment of this Act, and every year thereafter until the

Review Board terminates, the Review Board shall submit a

report regarding the activities of the Review Board to—

(A) the Committee on Homeland Security and Governmental

Affairs of the Senate;

(B) the Committee on Oversight and Government Reform of the

House of Representatives;

(D) the Archivist; and

(E) the head of any Government office the records of which

have been the subject of Review Board activity.

(2) Contents.—Each report under paragraph (1) shall

include the following information:

(A) A financial report of the expenses for all official

activities and requirements of the Review Board and its

employees.

(B) The progress made on review, transmission to the

Archivist, and public disclosure of missing Armed Forces and

civilian personnel records.

and civilian personnel records involved in the completion of

the duties of the Review Board under this subtitle.

(D) Any special problems, including requests and the level

of cooperation of Government offices, with regard to the

ability of the Review Board to carry out its duties under

this subtitle.

(E) A record of review activities, including a record of

postponement decisions by the Review Board or other related

actions authorized under this subtitle, and a record of the

volume of records reviewed and postponed.

(F) Suggestions and requests to Congress for additional

legislative authority needs.

(G) An appendix containing copies of reports relating to

postponed records submitted to the Archivist under subsection

(b)(3) since the end of the period covered by the most recent

report under paragraph (1).

(3) Copies and briefs.—Coincident with the reporting

requirements in paragraph (2), or more frequently as

warranted by new information, the Review Board shall provide

copies to, and fully brief, at a minimum, the President, the

Archivist, leadership of Congress, the Chair and Ranking

Members of the Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform of the House of

Representatives, and the Chairs, Ranking Members, Vice

Chairs, as the case may be, of such other committees as

leadership of Congress determines appropriate on—

(A) recommendations for periodic review, downgrading, and

declassification, as well as the exact time or specified

occurrence following which specific missing Armed Forces and

civilian material may be appropriately disclosed;

(B) the rationale behind each postponement determination

and the recommended means to achieve disclosure of each

postponed item;

offer; and

(D) an addendum containing copies of reports of postponed

records submitted to the Archivist under subsection (b)(3)

made since the date of the preceding report under this

subsection.

SEC. 1099C. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL

STUDY.

(a) Materials Under Seal of Court.—

(1) In general.—The Review Board may request the Attorney

General to petition any court of the United States or of a

foreign country to release any information relevant to the

loss, fate, or status of missing Armed Forces and civilian

personnel that is held under seal of the court.

(2) Grand jury information.—

(A) In general.—The Review Board may request the Attorney

General to petition any court of the United States to release

any information relevant to loss, fate, or status of missing

Armed Forces and civilian personnel that is held under the

injunction of secrecy of a grand jury.

(B) Treatment.—A request for disclosure of missing Armed

Forces and civilian personnel materials under this subtitle

shall be deemed to constitute a showing of particularized

need under rule 6 of the Federal Rules of Criminal Procedure.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the Attorney General should assist the Review Board in

good faith to unseal any records that the Review Board

determines to be relevant and held under seal by a court or

under the injunction of secrecy of a grand jury;

(2) the Secretary of State should—

(A) contact the Governments of the Russian Federation, the

People's Republic of China, and the Democratic People's

Republic of Korea to seek the disclosure of all records in

their respective custody, possession, or control relevant to

the loss, fate, or status of missing Armed Forces and

civilian personnel; and

(B) contact any other foreign government that may hold

information relevant to the loss, fate, or status of missing

Armed Forces and civilian personnel, and seek disclosure of

such information; and

(3) all agencies should cooperate in full with the Review

Board to seek the disclosure of all information relevant to

the loss, fate, or status of missing Armed Forces and

civilian personnel consistent with the public interest.

SEC. 1099D. RULES OF CONSTRUCTION.

(a) Precedence Over Other Law.—When this subtitle requires

transmission of a record to the Archivist or public

disclosure, it shall take precedence over any other law

(except section 6103 of the Internal Revenue Code of 1986),

judicial decision construing such law, or common law doctrine

that would otherwise prohibit such transmission or

disclosure, with the exception of deeds governing access to

or transfer or release of gifts and donations of records to

the United States Government.

(b) Freedom of Information Act.—Nothing in this subtitle

shall be construed to eliminate or limit any right to file

requests with any Executive agency or seek judicial review of

the decisions under section 552 of title 5, United States

Code.

construed to preclude judicial review under chapter 7 of

title 5, United States Code, of final actions taken or

required to be taken under this subtitle.

(d) Existing Authority.—Nothing in this subtitle revokes

or limits the existing authority of the President, any

Executive agency, the Senate, or the House of

Representatives, or any other entity of the Government to

publicly disclose records in its custody, possession, or

control.

(e) Rules of the Senate and House of Representatives.—To

the extent that any provision of this subtitle establishes a

procedure to be followed in the Senate or the House of

Representatives, such provision is adopted—

(1) as an exercise of the rulemaking power of the Senate

and House of Representatives, respectively, and is deemed to

be part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed

in that House, and it supersedes other rules only to the

extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of

either House to change the rules (so far as they relate to

the procedure of that House) at any time, in the same manner,

and to the same extent as in the case of any other rule of

that House.

SEC. 1099E. REQUESTS FOR EXTENSIONS.

(a) In General.—The head of a Government office required

to comply with a deadline under this subtitle that is based

on the date of establishment of a quorum of the members of

the Review Board under section 1099 may request an extension

from the Review Board for good cause.

(b) Extended Deadline.—If the Review Board agrees to the

request, the deadline applicable to the Government office for

the purpose of such requirement shall be such later date as

the Review Board may determine appropriate.

SEC. 1099F. TERMINATION OF EFFECT.

(a) Provisions Pertaining to the Review Board.—The

provisions of this subtitle that pertain to the appointment

and operation of the Review Board shall cease to be effective

when the Review Board and the terms of its members have

terminated under section 1099(p).

(b) Other Provisions.—The remaining provisions of this

subtitle shall continue in effect until such time as the

Archivist certifies to the President and Congress that all

missing Armed Forces and civilian personnel records have been

made available to the public in accordance with this

subtitle.

SEC. 1099G. NO ADDITIONAL FUNDS.

No additional funds are authorized to be appropriated to

carry out this subtitle.

SEC. 1099H. SEVERABILITY.

If any provision of this subtitle, or the application

thereof to any person or circumstance, is held invalid, the

remainder of this subtitle and the application of that

provision to other persons not similarly situated or to other

circumstances shall not be affected by the invalidation.

SA 6792. Mr. CRAPO (for himself and Mrs. Shaheen) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H—Bring Our Heroes Home Act

SECTION 1094. SHORT TITLE.

This subtitle may be cited as the “Bring Our Heroes Home

Act”.

SEC. 1095. DEFINITIONS.

In this subtitle:

(1) Archivist.—The term “Archivist” means the Archivist

of the United States.

(2) Collection.—The term “Collection” means the Missing

Armed Forces and Civilian Personnel Records Collection

established under section 1096(a).

(3) Executive agency.—The term “Executive agency”—

(A) means an agency, as defined in section 552(f) of title

5, United States Code;

(B) includes any Executive department, military department,

Government corporation, Government controlled corporation, or

other establishment in the executive branch of the Federal

Government, including the Executive Office of the President,

any branch of the Armed Forces, and any independent

regulatory agency; and

department, corporation, or establishment.

(4) Executive director.—The term “Executive Director”

means the Executive Director of the Review Board.

(5) Government office.—The term “Government office”

means an Executive agency, the Library of Congress, or the

National Archives.

(6) Missing armed forces and civilian personnel.—The term

“missing Armed Forces and civilian personnel”—

(A) means 1 or more missing persons; and

(B) includes an individual who was a missing person and

whose status was later changed to “missing and presumed

dead”.

(7) Missing armed forces and civilian personnel record.—

The term “missing Armed Forces and civilian personnel

record” means a record that relates, directly or indirectly,

to the loss, fate, or status of missing Armed Forces and

civilian personnel that—

(A) was created or made available for use by, obtained by,

or otherwise came into the custody, possession, or control

of—

(i) any Government office;

(ii) any Presidential library; or

(iii) any of the Armed Forces; and

(B) relates to 1 or more missing Armed Forces and civilian

personnel who became missing persons during the period—

(i) beginning on December 7, 1941; and

(ii) ending on the date of enactment of this Act.

(8) Missing person.—The term “missing person” means—

(A) a person described in paragraph (1) of section 1513 of

title 10, United States Code; and

(B) any other civilian employee of the Federal Government

or an employee of a contractor of the Federal Government who

serves in direct support of, or accompanies, the Armed Forces

in the field under orders and who is in a missing status (as

that term is defined in paragraph (2) of such section 1513).

(9) National archives.—The term “National Archives”—

(A) means the National Archives and Records Administration;

and

(B) includes any component of the National Archives and

Records Administration (including Presidential archival

depositories established under section 2112 of title 44,

United States Code).

(10) Official investigation.—The term “official

investigation” means a review, briefing, inquiry, or hearing

relating to missing Armed Forces and civilian personnel

conducted by a Presidential commission, committee of

Congress, or agency, regardless of whether it is conducted

independently, at the request of any Presidential commission

or committee of Congress, or at the request of any official

of the Federal Government.

(11) Originating body.—The term “originating body” means

the Government office or other initial source that created a

record or particular information within a record.

(12) Public interest.—The term “public interest” means

the compelling interest in the prompt public disclosure of

missing Armed Forces and civilian personnel records for

historical and governmental purposes, for public research,

and for the purpose of fully informing the people of the

United States, most importantly families of missing Armed

Forces and civilian personnel, about the fate of the missing

Armed Forces and civilian personnel and the process by which

the Federal Government has sought to account for them.

(13) Record.—The term “record” has the meaning given the

term “records” in section 3301 of title 44, United States

Code.

(14) Review board.—The term “Review Board” means the

Missing Armed Forces and Civilian Personnel Records Review

Board established under section 1099.

SEC. 1096. MISSING ARMED FORCES AND CIVILIAN PERSONNEL

RECORDS COLLECTION AT THE NATIONAL ARCHIVES.

(a) Establishment of Collection.—Not later than 90 days

after a quorum of the Missing Armed Forces and Civilian

Personnel Records Review Board has been established under

section 1099, the Archivist shall—

(1) commence establishment of a collection of records to be

known as the “Missing Armed Forces and Civilian Personnel

Records Collection”;

(2) commence preparing the subject guidebook and index to

the Collection; and

(3) establish criteria and acceptable formats for Executive

agencies to follow when transmitting copies of missing Armed

Forces and civilian personnel records to the Archivist, to

include required metadata, including applicable information

privacy safeguards.

(b) Regulations.—Not later than 90 days after the date of

the swearing in of the Review Board members, the Review Board

shall promulgate rules to establish guidelines and processes

for the disclosure of records contained in the Collection,

including applicable information privacy safeguards.

(1) Senate.—The Committee on Homeland Security and

Governmental Affairs of the Senate shall have continuing

jurisdiction, including legislative oversight jurisdiction,

in the Senate with respect to the Collection.

(2) House of representatives.—The Committee on Oversight

and Government Reform of the House of Representatives shall

have continuing jurisdiction, including legislative oversight

jurisdiction, in the House of Representatives with respect to

the Collection.

SEC. 1097. REVIEW, IDENTIFICATION, TRANSMISSION TO THE

NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF

MISSING ARMED FORCES AND CIVILIAN PERSONNEL

RECORDS BY GOVERNMENT OFFICES.

(a) In General.—

(1) Preparation.—As soon as practicable after the date of

enactment of this Act, and sufficiently in advance of the

deadlines established under this subtitle, each Government

office shall—

(A) identify and locate any missing Armed Forces and

civilian personnel records in the custody, possession, or

control of the Government office, including intelligence

reports, congressional inquiries, memoranda to or from the

White House and other Federal departments and agencies,

Prisoner of War (POW) debriefings, live sighting reports,

documents relating to POW camps, movement of POWs,

exploitation of POWs, experimentation on POWs, or status

changes from Missing in Action (MIA) to Killed in Action

(KIA); and

(B) prepare for transmission to the Archivist in accordance

with the criteria and acceptable formats established by the

Archivist a copy of any missing Armed Forces and civilian

personnel records that have not previously been transmitted

to the Archivist by the Government office.

(2) Certification.—Each Government office shall submit to

the Archivist, under penalty of perjury, a certification

indicating—

(A) whether the Government office has conducted a thorough

search for all missing Armed Forces and civilian personnel

records in the custody, possession, or control of the

Government office; and

(B) whether a copy of any missing Armed Forces and civilian

personnel record has not been transmitted to the Archivist.

(3) Preservation.—No missing Armed Forces and civilian

personnel record shall be destroyed, altered, or mutilated in

any way.

(4) Effect of previous disclosure.—Information that was

made available or disclosed to the public before the date of

enactment of this Act in a missing Armed Forces and civilian

personnel record may not be withheld, redacted, postponed for

public disclosure, or reclassified.

(5) Withheld and substantially redacted records.—

(A) In general.—For any missing Armed Forces and civilian

personnel record that is transmitted to the Archivist which a

Government office proposes to substantially redact or

withhold in full from public access, the head of the

Government office shall submit an unclassified and publicly

releasable report to the Archivist, the Review Board, and

each appropriate committee of the Senate and the House of

Representatives justifying the decision of the Government

office to substantially redact or withhold the record by

demonstrating that the release of information would clearly

and demonstrably be expected to cause an articulated harm,

and that the harm would be of such gravity as to outweigh the

public interest in access to the information.

(B) Rulemaking.—The Archivist shall promulgate regulations

to define the term “substantially redacted record” for

purposes of subparagraph (A).

(b) Review.—

(1) In general.—Except as provided under paragraph (5),

not later than 270 days after a quorum of the Review Board

has been established under section 1099, each Government

office shall, in accordance with the criteria and acceptable

formats established by the Archivist—

(A) identify, locate, copy, and review each missing Armed

Forces and civilian personnel record in the custody,

possession, or control of the Government office for

transmission to the Archivist and disclosure to the public

or, if needed, review by the Review Board; and

(B) cooperate fully, in consultation with the Archivist, in

carrying out paragraph (3).

(2) Requirement.—The Review Board shall promulgate rules

for the disclosure of relevant records by Government offices

under paragraph (1).

(3) National archives records.—Not later than 270 days

after a quorum of the Review Board has been established under

section 1099, the Archivist shall—

(A) locate and identify all missing Armed Forces and

civilian personnel records in the custody of the National

Archives as of the date of enactment of this Act that remain

classified, in whole or in part;

(B) notify a Government office if the Archivist locates and

identifies a record of the Government office under

subparagraph (A); and

personnel record located and identified under subparagraph

(A) available for review by Executive agencies through the

National Declassification Center established under Executive

Order 13526 (50 U.S.C. 3161 note; relating to classified

national security information), or any successor order.

(4) Records already public.—A missing Armed Forces and

civilian personnel record that is in the custody of the

National Archives on the date of enactment of this Act and

that has been publicly available in its entirety without

redaction shall be made available in the Collection without

any additional review by the Archivist, the Review Board, or

any other Government office under this subtitle.

(5) Exemptions.—

(A) Department of defense pow/mia accounting agency.—The

Defense POW/MIA Accounting Agency is exempt from the

requirement under this subsection to declassify and transmit

to the Archivist documents in its custody or control that

pertain to a specific case or cases that the Defense POW/MIA

Accounting Agency is actively investigating or developing for

the purpose of locating, disinterring, or identifying a

missing member of the Armed Forces.

(B) Department of defense military service casualty offices

and department of state service casualty offices.—The

Department of Defense Military Service Casualty Offices and

the Department of State Service Casualty Offices are exempt

from the requirement to declassify and transmit to the

Archivist documents in their custody or control that pertain

to individual cases with respect to which the office is

lending support and assistance to the families of missing

individuals.

office shall—

(1) not later than 270 days after a quorum of the Review

Board has been established under section 1099, commence

transmission to the Archivist of copies of the missing Armed

Forces and civilian personnel records in the custody,

possession, or control of the Government office, except for

records described in subsection (a)(5); and

(2) not later than 1 year after a quorum of the Review

Board has been established under section 1099, complete

transmission to the Archivist of copies of all missing Armed

Forces and civilian personnel records in the possession or

control of the Government office.

(d) Periodic Review of Postponed Missing Armed Forces and

Civilian Personnel Records.—

(1) In general.—All missing Armed Forces and civilian

personnel records, or information within a missing Armed

Forces and civilian personnel record, the public disclosure

of which has been postponed under the standards under this

subtitle shall be reviewed by the originating body—

(A)(i) periodically, but not less than every 5 years, after

the date on which the Review Board terminates under section

1099(p); and

(ii) at the direction of the Archivist; and

(B) consistent with the recommendations of the Review Board

under section 1099B(b)(3)(B).

(2) Contents.—

(A) In general.—A periodic review of a missing Armed

Forces and civilian personnel record, or information within a

missing Armed Forces and civilian personnel record, by the

originating body shall address the public disclosure of the

missing Armed Forces and civilian personnel record under the

standards under this subtitle.

(B) Continued postponement.—If an originating body

conducting a periodic review of a missing Armed Forces and

civilian personnel record, or information within a missing

Armed Forces and civilian personnel record, the public

disclosure of which has been postponed under the standards

under this subtitle, determines that continued postponement

is required, the originating body shall provide to the

Archivist an unclassified written description of the reason

for the continued postponement that the Archivist shall

highlight and make accessible on a publicly accessible

website administered by the National Archives.

Forces and civilian personnel records, or information within

a missing Armed Forces and civilian personnel record, shall

provide expeditious public disclosure of missing Armed Forces

and civilian personnel records, to the fullest extent

possible, subject only to the grounds for postponement of

disclosure under section 1098.

(D) Disclosure absent certification by president.—Not

later than 10 years after the date on which a quorum of the

Review Board has been established under section 1099, all

missing Armed Forces and civilian personnel records, and

information within a missing Armed Forces and civilian

personnel record, shall be publicly disclosed in full, and

available in the Collection, unless—

(i) the head of the originating body, Executive agency, or

other Government office recommends in writing that continued

postponement is necessary;

(ii) the written recommendation described in clause (i)—

(I) is provided to the Archivist in unclassified and

publicly releasable form not later

than 180 days before the date that is 10 years the date on

which a quorum of the Review Board has been established under

section 1099; and

(II) includes—

(aa) a justification of the recommendation to postpone

disclosure with clear and convincing evidence that the

identifiable harm is of such gravity that it outweighs the

public interest in disclosure; and

(bb) a recommended specified time at which or a specified

occurrence following which the material may be appropriately

disclosed to the public under this subtitle;

(iii) the Archivist transmits all recommended postponements

and the recommendation of the Archivist to the President not

later than 90 days before the date that is 10 years after the

date on which a quorum of the Review Board has been

established under section 1099; and

(iv) the President transmits to the Archivist a

certification indicating that continued postponement is

necessary and the identifiable harm, as demonstrated by clear

and convincing evidence, is of such gravity that it outweighs

the public interest in disclosure not later than the date

that is 10 years after the date on which a quorum of the

Review Board has been established under section 1099.

(e) Records Management.—In carrying out this section, the

Archivist shall comply with any applicable statutory or

regulatory requirement related to records management.

SEC. 1098. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF

RECORDS.

(a) In General.—Disclosure to the public of a missing

Armed Forces and civilian personnel record or particular

information in a missing Armed Forces and civilian personnel

record created after the date that is 25 years before the

date of the review of the missing Armed Forces and civilian

personnel record by the Archivist may be postponed subject to

the limitations under this subtitle only—

(1) if—

(A) it pertains to—

(i) military plans, weapons systems, or operations;

(ii) foreign government information;

(iii) intelligence activities (including covert action),

intelligence sources or methods, or cryptology;

(iv) foreign relations or foreign activities of the United

States, including confidential sources;

(v) scientific, technological, or economic matters relating

to the national security;

(vi) United States Government programs for safeguarding

nuclear materials or facilities;

(vii) vulnerabilities or capabilities of systems,

installations, infrastructures, projects, plans, or

protection services relating to the national security; or

(viii) the development, production, or use of weapons of

mass destruction; and

(B) the threat posed by the public disclosure of the

missing Armed Forces and civilian personnel record or

information is of such gravity that it outweighs the public

interest in disclosure;

(2) if the information is protected from disclosure under

section 552(b) of title 5, United States Code (commonly known

as the “Freedom of Information Act”); or

(3) if it reveals information described in paragraphs (1)

through (9) of section 3.3(b) of Executive Order 13526 (50

U.S.C. 3161 note; relating to classified national security

information).

(b) Older Records.—Disclosure to the public of a missing

Armed Forces and civilian personnel record or particular

information in a missing Armed Forces and civilian personnel

record created on or before the date that is 25 years before

the date of the review of the missing Armed Forces and

civilian personnel record by the Archivist may be postponed

subject to the limitations under this subtitle only if, as

demonstrated by clear and convincing evidence—

(1) the release of the information would be expected to—

(A) reveal the identity of a confidential human source, a

human intelligence source, a relationship with an

intelligence or security service of a foreign government or

international organization, or a nonhuman intelligence

source, or impair the effectiveness of an intelligence method

currently in use, available for use, or under development;

(B) reveal information that would impair United States

cryptologic systems or activities;

military war plans that remain in effect, or reveal

operational or tactical elements of prior plans that are

contained in such active plans; or

(D) reveal information, including foreign government

information, that would cause serious harm to relations

between the United States and a foreign government, or to

ongoing diplomatic activities of the United States; and

(2) the threat posed by the public disclosure of the

missing Armed Forces and civilian personnel record or

information is of such gravity that it outweighs the public

interest in disclosure.

Armed Forces and civilian personnel record was created,

disclosure to the public of information in the missing Armed

Forces and civilian personnel record may be postponed if—

(1) the public disclosure of the information would reveal

the name or identity of a living person who provided

confidential information to the United States and would pose

a substantial risk of harm to that person, in accordance with

section 552(b)(7)(D) of title 5, United States Code;

(2) the public disclosure of the information could

reasonably be expected to constitute an unwarranted invasion

of personal privacy, and that invasion of privacy is so

substantial that it outweighs the public interest;

(3) the public disclosure of the information could

reasonably be expected to cause harm to the methods currently

in use or available for use by members of the Armed Forces to

survive, evade, resist, or escape; or

(4) the public disclosure of such information would

conflict with United States law, regulations, or executive

orders, including any law, regulation, or executive order

governing the disclosure of classified information.

SEC. 1099. ESTABLISHMENT AND POWERS OF THE MISSING ARMED

FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW

BOARD.

(a) Establishment.—There is established as an independent

establishment in the executive branch a board to be known as

the “Missing Armed Forces and Civilian Personnel Records

Review Board” to ensure and facilitate the review,

transmission to the Archivist, and public disclosure of

missing Armed Forces and civilian personnel records.

(b) Membership.—

(1) Appointments.—The Review Board shall be composed of 5

members appointed by the President, subject to the advice and

consent of the Senate, of whom—

(A) 1 shall be appointed in consultation with the Archivist

of the United States and shall serve as the Chairperson of

the Review Board;

(B) 1 shall be appointed in consultation with the majority

leader of the Senate;

(D) 1 shall be appointed in consultation with the Speaker

of the House of Representatives; and

(E) 1 shall be appointed in consultation with the minority

leader of the House of Representatives.

(2) Qualifications.—The members of the Review Board

shall—

(A) be appointed without regard to political affiliation;

(B) be citizens of the United States of integrity and

impartiality;

the appointment;

(D) have high national professional reputation in their

fields and be capable of exercising the independent and

objective judgment necessary to the fulfillment of their role

in ensuring and facilitating the identification, location,

review, transmission to the Archivist, and public disclosure

of missing Armed Forces and civilian personnel records;

(E) possess an appreciation of the value of missing Armed

Forces and civilian personnel records to scholars, the

Federal Government, and the public, particularly families of

missing Armed Forces and civilian personnel;

(F) include at least 1 professional historian; and

(G) include at least 1 attorney.

(3) Consultation with the office of government ethics.—In

considering persons to be appointed to the Review Board, the

President shall consult with the Director of the Office of

Government Ethics to—

(A) determine criteria for possible conflicts of interest

of members of the Review Board, consistent with ethics laws,

statutes, and regulations for executive branch employees; and

(B) ensure that no individual selected for such position of

member of the Review Board possesses a conflict of interest

as so determined.

(4) Consultation.—Appointments to the Review Board shall

be made after considering individuals recommended by the

American Historical Association, the Organization of American

Historians, the Society of American Archivists, the American

Bar Association, veterans' organizations, and organizations

representing families of missing Armed Forces and civilian

personnel.

(1) In general.—Each member of the Review Board shall seek

appropriate security clearances necessary to carry out the

duties of the Review Board.

(2) Review.—The appropriate departments, agencies, and

elements of the executive branch of the Federal Government

shall cooperate to ensure that an application by an

individual nominated to be a member of the Review Board

seeking a security clearance under paragraph (1) is

expeditiously reviewed and granted or denied.

(d) Consideration by the Senate.—Nominations for

appointment under subsection (b)(1) shall be referred to the

Committee on Homeland Security and Governmental Affairs of

the Senate for consideration.

(e) Vacancy.—Not later than 60 days after the date on

which a vacancy on the Review Board occurs, the vacancy shall

be filled in the same manner as specified for original

appointment.

(f) Chairperson Needed for Quorum.—A majority of the

members of the Review Board, including the Chairperson

appointed and confirmed pursuant to subsection (b)(1)(A),

shall constitute a quorum.

(g) Removal of Review Board Member.—

(1) In general.—A member of the Review Board shall not be

removed from office, other than—

(A) by impeachment by Congress; or

(B) by the action of the President for inefficiency,

neglect of duty, malfeasance in office, physical disability,

mental incapacity, or any other condition that substantially

impairs the performance of the member's duties.

(2) Judicial review.—

(A) In general.—A member of the Review Board removed from

office may obtain judicial review of the removal in a civil

action commenced in the United States District Court for the

District of Columbia.

(B) Relief.—The member may be reinstated or granted other

appropriate relief by order of the court.

(3) Notice of removal.—If a member of the Review Board is

removed from office, and that removal is by the President,

not later than 10 days after the removal, the President shall

submit to the leadership of Congress, the Committee on

Homeland Security and Governmental Affairs of the Senate and

the Committee on Oversight and Reform of the House of

Representatives a report specifying the facts found and the

grounds for the removal.

(h) Compensation of Members.—

(1) Basic pay.—A member of the Review Board shall be

treated as an employee of the executive branch and

compensated at a rate equal to the daily equivalent of the

annual rate of basic pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5, United

States Code, for each day, including travel time, during

which the member is engaged in the performance of the duties

of the Review Board.

(2) Travel expenses.—A member of the Review Board shall be

allowed reasonable travel expenses, including per diem in

lieu of subsistence, at rates for employees of agencies under

subchapter I of chapter 57 of title 5, United States Code,

while away from the member's home or regular place of

business in the performance of services for the Review Board.

(i) Duties of the Review Board.—

(1) In general.—The Review Board shall consider and render

a decision on a determination by a Government office to seek

to postpone the disclosure of a missing Armed Forces and

civilian personnel record, in whole or in part.

(2) Records.—In carrying out paragraph (1), the Review

Board shall consider and render a decision regarding—

(A) whether a record constitutes a missing Armed Forces and

civilian personnel record; and

(B) whether a missing Armed Forces and civilian personnel

record, or particular information in a missing Armed Forces

and civilian personnel record, qualifies for postponement of

disclosure under this subtitle.

(j) Powers.—

(1) In general.—The Review Board shall have the authority

to act in a manner prescribed under this subtitle, including

the authority to—

(A) direct Government offices to transmit to the Archivist

missing Armed Forces and civilian personnel records as

required under this subtitle;

(B) direct Government offices to transmit to the Archivist

substitutes and summaries of missing Armed Forces and

civilian personnel records that can be publicly disclosed to

the fullest extent for any missing Armed Forces and civilian

personnel record that is proposed for postponement in full or

that is substantially redacted;

personnel records that have been identified by a Government

office;

(D) direct a Government office to make available to the

Review Board, and if necessary investigate the facts

surrounding, additional information, records, or testimony

from individuals, which the Review Board has reason to

believe is required to fulfill the functions and

responsibilities of the Review Board under this subtitle;

(E) hold such hearings, sit and act at such times and

places, take such testimony, receive such evidence,

administer such oaths, and subpoena documents as the Review

Board considers advisable to carry out the responsibilities

of the Review Board under this subtitle;

(F) subpoena private persons to compel the production of

documents and other records relevant to the responsibilities

of the Review Board under this subtitle;

(G) require any Government office to account in writing for

the destruction of any records relating to the loss, fate, or

status of missing Armed Forces and civilian personnel;

(H) receive information from the public regarding the

identification and public disclosure of missing Armed Forces

and civilian personnel records; and

(I) make a final determination regarding whether a missing

Armed Forces and civilian personnel record will be disclosed

to the public or disclosure of the missing Armed Forces and

civilian personnel record to the public will be postponed,

notwithstanding the determination of an Executive agency.

(2) Enforcement of subpoenas.—Any subpoena issued under

the Review Board under this subsection may be enforced by any

appropriate Federal court acting pursuant to a lawful request

of the Review Board.

(k) Presidential Authority Over Review Board

Determination.—

(1) Public disclosure or postponement of disclosure.—After

the Review Board has made a formal determination concerning

the public disclosure or postponement of disclosure of an

missing Armed Forces and civilian personnel record or

information contained in a missing Armed Forces and civilian

personnel record, obtained or developed solely within the

executive branch, the President—

(A) shall have the sole and nondelegable authority to

require the disclosure or postponement of such record or

information under the standards set forth in sections 1097

and 1098; and

(B) shall provide the Review Board with an unclassified

written certification specifying the President's decision

within 30 days after the Review Board's determination and

notice to the executive agency as required under this

subtitle, stating the justification for the President's

decision, including the applicable grounds for postponement

under section 1098.

(2) Periodic review.—Any missing Armed Forces and civilian

personnel record for which public disclosure is postponed by

the President shall be subject to the requirements of

periodic review and declassification of classified

information and public disclosure in the Collection set forth

in section 1097.

(3) Record of presidential postponement.—The Review Board

shall, upon its receipt, publish in the Federal Register a

copy of any unclassified written certification, statement, or

other materials transmitted by or on behalf of the President

with regard to postponement of the public disclosure of

missing Armed Forces and civilian personnel records under

section 1098.

(l) Witness Immunity.—The Review Board shall be considered

to be an agency of the United States for purposes of section

6001 of title 18, United States Code.

(m) Oversight.—

(1) In general.—The Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform of the House of

Representatives shall—

(A) have continuing legislative oversight jurisdiction with

respect to the official conduct of the Review Board and the

disposition of postponed records after termination of the

Review Board; and

(B) not later than 10 days after submitting a request, be

provided access to any records held or created by the Review

Board.

(2) Duty of review board.—The Review Board shall have the

duty to cooperate with the exercise of oversight jurisdiction

under paragraph (1).

(3) Security clearances.—The Chair and Ranking Members of

the Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Oversight and Government

Reform of the House of Representatives, and designated

Committee staff, shall be granted all security clearances and

accesses held by the Review Board, including to relevant

Presidential and department or agency special access and

compartmented access programs.

(n) Support Services.—The Administrator of General

Services shall provide administrative services for the Review

Board on a reimbursable basis.

(o) Interpretive Regulations.—The Review Board may issue

interpretive regulations if the Review Board finds such

regulation to be necessary and appropriate.

(p) Termination and Winding Up.—

(1) In general.—On the date that is 2 years after the date

of enactment of this Act, the Review Board shall, by majority

vote, determine whether all Government offices have complied

with the obligations, mandates, and directives under this

subtitle.

(2) Termination date.—The Review Board shall terminate on

the date that is 4 years after the date on which members of

the Review Board are sworn in to the Review Board.

(3) Report.—Before the termination of the Review Board

under paragraph (2), the Review Board shall submit to

Congress reports, including a complete and accurate

accounting of expenditures during its existence, and shall

complete all other reporting requirements under this

subtitle.

(4) Records.—Upon termination of the Review Board, the

Review Board shall transfer all records of the Review Board

to the Archivist for inclusion in the Collection, and no

record of the Review Board shall be destroyed.

SEC. 1099A. MISSING ARMED FORCES AND CIVILIAN PERSONNEL

RECORDS REVIEW BOARD PERSONNEL.

(a) Executive Director.—

(1) In general.—Not later than 45 days after the initial

meeting of the Review Board, the Review Board shall appoint

an individual to the position of Executive Director.

(2) Qualifications.—The individual appointed as Executive

Director—

(A) shall be a citizen of the United States of integrity

and impartiality;

(B) shall be appointed without regard to political

affiliation; and

mission of the Review Board.

(3) Consultation with the office of government ethics.—In

their consideration of the person to be appointed to the

position of Executive Director, the Review Board shall

consult with the Director of the Office of Government Ethics

to—

(A) determine criteria for possible conflicts of interest

of the Executive Director, consistent with ethics laws,

statutes, and regulations for executive branch employees; and

(B) ensure that no individual selected for such position of

Executive Director possesses a conflict of interest as so

determined.

(4) Security clearance.—

(A) In general.—The individual appointed as Executive

Director shall have the security clearance necessary to carry

out the duties of the position at the time of appointment.

(B) Expedited provision.—The appropriate departments,

agencies, and elements of the executive branch of the Federal

Government shall cooperate to ensure that an application by

an individual nominated to be Executive Director, seeking

security clearances necessary to carry out the duties of the

Executive Director, is expeditiously reviewed and granted or

denied.

(5) Duties.—The Executive Director shall—

(A) serve as principal liaison to Government offices;

(B) be responsible for the administration and coordination

of the review of records by the Review Board;

activities conducted by the Review Board; and

(D) not have the authority to decide or determine whether

any record should be disclosed to the public or postponed for

disclosure.

(6) Removal.—The Executive Director may be removed by a

majority vote of the Review Board.

(b) Staff.—

(1) In general.—The Review Board may, in accordance with

the civil service laws, but without regard to civil service

law and regulation for competitive service as defined in

subchapter I of chapter 33 of title 5, United States Code,

appoint and terminate additional employees as are necessary

to enable the Review Board and the Executive Director to

perform their duties under this subtitle.

(2) Treatment as employees of executive branch.—The

Executive Director and other employees of the Review Board

shall be treated as employees of the executive branch.

(3) Qualifications.—An individual appointed to a position

as an employee of the Review Board—

(A) shall be a citizen of the United States of integrity

and impartiality; and

(B) shall not have had any previous involvement with any

official investigation or inquiry relating to the loss, fate,

or status of missing Armed Forces and civilian personnel.

(4) Consultation with the office of government ethics.—In

their consideration of persons to be appointed as staff of

the Review Board, the Review Board shall consult with the

Director of the Office of Government Ethics to—

(A) determine criteria for possible conflicts of interest

of staff of the Review Board, consistent with ethics laws,

statutes, and regulations for executive branch employees; and

(B) ensure that no individual selected for such position of

staff of the Review Board possesses a conflict of interest as

so determined.

(5) Security clearance.—

(A) In general.—An individual appointed as an employee of

the Review Board shall have the security clearance necessary

to carry out the duties of the position at the time of

appointment.

(B) Expedited provision.—The appropriate departments,

agencies, and elements of the executive branch of the Federal

Government shall cooperate to ensure that an application by

an individual who is a candidate for a position with the

Review Board, seeking security clearances necessary to carry

out the duties of the position, is expeditiously reviewed and

granted or denied.

compensation of the Executive Director and other employees of

the Review Board described in subsection (b) without regard

to chapter 51 and subchapter III of chapter 53 of title 5,

United States Code, relating to classification of positions

and General Schedule pay rates, except that the rate of pay

for the Executive Director and other employees may not exceed

the rate payable for level V of the Executive Schedule under

section 5316 of title 5, United States Code.

(d) Advisory Committees.—

(1) In general.—The Review Board may create 1 or more

advisory committees to assist in fulfilling the

responsibilities of the Review Board under this subtitle.

(2) Applicability of faca.—Any advisory committee created

by the Review Board shall be subject to chapter 10 of title

5, United States Code.

SEC. 1099B. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND

CIVILIAN PERSONNEL RECORDS REVIEW BOARD.

(a) Startup Requirements.—The Review Board shall—

(1) not later than 90 days after the date on which all

members are sworn in, publish an initial schedule for review

of all missing Armed Forces and civilian personnel records,

which the Archivist shall highlight and make available on a

publicly accessible website administered by the National

Archives; and

(2) not later than 180 days after the swearing in of the

Review Board members, begin reviewing missing Armed Forces

and civilian personnel records, as necessary, under this

subtitle.

(b) Determination of the Review Board.—

(1) In general.—The Review Board shall direct that all

records that relate, directly or indirectly, to the loss,

fate, or status of missing Armed Forces and civilian

personnel be transmitted to the Archivist and disclosed to

the public in the Collection in the absence of clear and

convincing evidence that the record is not a missing Armed

Forces and civilian personnel record.

(2) Postponement.—In approving postponement of public

disclosure of a missing Armed Forces and civilian personnel

record, or information within a missing Armed Forces and

civilian personnel record, the Review Board shall seek to

carry out the following:

(A) Provide for the disclosure of segregable parts,

substitutes, or summaries of the missing Armed Forces and

civilian personnel record.

(B) Determine, in consultation with the originating body

and consistent with the standards for postponement under this

subtitle, which of the following alternative forms of

disclosure shall be made by the originating body:

(i) Any reasonably segregable particular information in a

missing Armed Forces and civilian personnel record.

(ii) A substitute record for that information which is

postponed.

(iii) A summary of a missing Armed Forces and civilian

personnel record.

(3) Reporting.—With respect to a missing Armed Forces and

civilian personnel record, or information within a missing

Armed Forces and civilian personnel record, the public

disclosure of which is postponed under this subtitle, or for

which only substitutions or summaries have been disclosed to

the public, the Review Board shall create and transmit to the

Archivist, the Committee on Homeland Security and

Governmental Affairs of the Senate, and the Committee on

Oversight and Government Reform of the House of

Representatives an unclassified and publicly releasable

report containing—

(A) a description of actions by the Review Board, the

originating body, or any Government office (including a

justification of any such action to postpone disclosure of

any record or part of any record) and of any official

proceedings conducted by the Review Board; and

(B) a statement, based on a review of the proceedings and

in conformity with the decisions reflected therein,

designating a recommended specified time at which, or a

specified occurrence following which, the material may be

appropriately disclosed to the public under this subtitle,

which the Review Board shall disclose to the public with

notice thereof, reasonably calculated to make interested

members of the public aware of the existence of the

statement.

(4) Actions after determination.—

(A) In general.—Not later than 30 days after the date of a

determination by the Review Board that a missing Armed Forces

and civilian personnel record shall be publicly disclosed in

the Collection or postponed for disclosure, the Review Board

shall notify the head of the originating body of the

determination and highlight and make available the

determination on a publicly accessible website reasonably

calculated to make interested members of the public aware of

the existence of the determination.

(B) Oversight notice.—Simultaneous with notice under

subparagraph (A), the Review Board shall provide notice of a

determination concerning the public disclosure or

postponement of disclosure of a missing Armed Forces and

civilian personnel record, or information contained within a

missing Armed Forces and civilian personnel record, which

shall include a written unclassified justification for public

disclosure or postponement of disclosure, including an

explanation of the application of any standards in section

1098 to the President, to the Committee on Homeland Security

and Governmental Affairs of the Senate, and the Committee on

Oversight and Government Reform of the House of

Representatives.

(5) Referral after termination.—A missing Armed Forces and

civilian personnel record that is identified, located, or

otherwise discovered after the date on which the Review Board

terminates shall be transmitted to the Archivist for the

Collection and referred to the Committee on Homeland Security

and Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform of the House of

Representatives for review, ongoing oversight and, as

warranted, referral for possible enforcement action relating

to a violation of this subtitle and determination as to

whether declassification of the missing Armed Forces and

civilian personnel is warranted under this subtitle.

that is 60 days after the date on which the Review Board

first approves the postponement of disclosure of a missing

Armed Forces and civilian personnel record, the Review Board

shall highlight and make accessible on a publicly available

website reasonably calculated to make interested members of

the public aware of the existence of the postponement a

notice that summarizes the postponements approved by the

Review Board, including a description of the subject,

originating body, length or other physical description, and

each ground for postponement that is relied upon.

(d) Reports by the Review Board.—

(1) In general.—Not later than 1 year after the date of

enactment of this Act, and every year thereafter until the

Review Board terminates, the Review Board shall submit a

report regarding the activities of the Review Board to—

(A) the Committee on Homeland Security and Governmental

Affairs of the Senate;

(B) the Committee on Oversight and Government Reform of the

House of Representatives;

(D) the Archivist; and

(E) the head of any Government office the records of which

have been the subject of Review Board activity.

(2) Contents.—Each report under paragraph (1) shall

include the following information:

(A) A financial report of the expenses for all official

activities and requirements of the Review Board and its

employees.

(B) The progress made on review, transmission to the

Archivist, and public disclosure of missing Armed Forces and

civilian personnel records.

and civilian personnel records involved in the completion of

the duties of the Review Board under this subtitle.

(D) Any special problems, including requests and the level

of cooperation of Government offices, with regard to the

ability of the Review Board to carry out its duties under

this subtitle.

(E) A record of review activities, including a record of

postponement decisions by the Review Board or other related

actions authorized under this subtitle, and a record of the

volume of records reviewed and postponed.

(F) Suggestions and requests to Congress for additional

legislative authority needs.

(G) An appendix containing copies of reports relating to

postponed records submitted to the Archivist under subsection

(b)(3) since the end of the period covered by the most recent

report under paragraph (1).

(3) Copies and briefs.—Coincident with the reporting

requirements in paragraph (2), or more frequently as

warranted by new information, the Review Board shall provide

copies to, and fully brief, at a minimum, the President, the

Archivist, leadership of Congress, the Chair and Ranking

Members of the Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform of the House of

Representatives, and the Chairs, Ranking Members, Vice

Chairs, as the case may be, of such other committees as

leadership of Congress determines appropriate on—

(A) recommendations for periodic review, downgrading, and

declassification, as well as the exact time or specified

occurrence following which specific missing Armed Forces and

civilian material may be appropriately disclosed;

(B) the rationale behind each postponement determination

and the recommended means to achieve disclosure of each

postponed item;

offer; and

(D) an addendum containing copies of reports of postponed

records to the Archivist required under subsection (b)(3)

made since the date of the preceding report under this

subsection.

(4) Termination notice.—Not later than 90 days before the

Review Board expects to complete the work of the Review Board

under this subtitle, the Review Board shall provide written

notice to Congress of the intent of the Review Board to

terminate operations at a specified date.

SEC. 1099C. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL

STUDY.

(a) Materials Under Seal of Court.—

(1) In general.—The Review Board may request the Attorney

General to petition any court of the United States or of a

foreign country to release any information relevant to the

loss, fate, or status of missing Armed Forces and civilian

personnel that is held under seal of the court.

(2) Grand jury information.—

(A) In general.—The Review Board may request the Attorney

General to petition any court of the United States to release

any information relevant to loss, fate, or status of missing

Armed Forces and civilian personnel that is held under the

injunction of secrecy of a grand jury.

(B) Treatment.—A request for disclosure of missing Armed

Forces and civilian personnel materials under this subtitle

shall be deemed to constitute a showing of particularized

need under rule 6 of the Federal Rules of Criminal Procedure.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the Attorney General should assist the Review Board in

good faith to unseal any records that the Review Board

determines to be relevant and held under seal by a court or

under the injunction of secrecy of a grand jury;

(2) the Secretary of State should—

(A) contact the Governments of the Russian Federation, the

People's Republic of China, and the Democratic People's

Republic of Korea to seek the disclosure of all records in

their respective custody, possession, or control relevant to

the loss, fate, or status of missing Armed Forces and

civilian personnel; and

(B) contact any other foreign government that may hold

information relevant to the loss, fate, or status of missing

Armed Forces and civilian personnel, and seek disclosure of

such information; and

(3) all agencies should cooperate in full with the Review

Board to seek the disclosure of all information relevant to

the loss, fate, or status of missing Armed Forces and

civilian personnel consistent with the public interest.

SEC. 1099D. RULES OF CONSTRUCTION.

(a) Precedence Over Other Law.—When this subtitle requires

transmission of a record to the Archivist or public

disclosure, it shall take precedence over any other law

(except section 6103 of the Internal Revenue Code of 1986),

judicial decision construing such law, or common law doctrine

that would otherwise prohibit such transmission or

disclosure, with the exception of deeds governing access to

or transfer or release of gifts and donations of records to

the United States Government.

(b) Freedom of Information Act.—Nothing in this subtitle

shall be construed to eliminate or limit any right to file

requests with any Executive agency or seek judicial review of

the decisions under section 552 of title 5, United States

Code.

construed to preclude judicial review under chapter 7 of

title 5, United States Code, of final actions taken or

required to be taken under this subtitle.

(d) Existing Authority.—Nothing in this subtitle revokes

or limits the existing authority of the President, any

Executive agency, the Senate, or the House of

Representatives, or any other entity of the Government to

publicly disclose records in its custody, possession, or

control.

(e) Rules of the Senate and House of Representatives.—To

the extent that any provision of this subtitle establishes a

procedure to be followed in the Senate or the House of

Representatives, such provision is adopted—

(1) as an exercise of the rulemaking power of the Senate

and House of Representatives, respectively, and is deemed to

be part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed

in that House, and it supersedes other rules only to the

extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of

either House to change the rules (so far as they relate to

the procedure of that House) at any time, in the same manner,

and to the same extent as in the case of any other rule of

that House.

SEC. 1099E. REQUESTS FOR EXTENSIONS.

(a) In General.—The head of a Government office required

to comply with a deadline under this subtitle that is based

on the date of establishment of a quorum of the members of

the Review Board under section 1099 may request an extension

from the Review Board for good cause.

(b) Extended Deadline.—If the Review Board agrees to the

request, the deadline applicable to the Government office for

the purpose of such requirement shall be such later date as

the Review Board may determine appropriate.

SEC. 1099F. TERMINATION OF EFFECT OF ACT.

(a) Provisions Pertaining to the Review Board.—The

provisions of this subtitle that pertain to the appointment

and operation of the Review Board shall cease to be effective

when the Review Board and the terms of its members have

terminated under section 1099(p).

(b) Other Provisions.—The remaining provisions of this

subtitle shall continue in effect until such time as the

Archivist certifies to the President and Congress that all

missing Armed Forces and civilian personnel records have been

made available to the public in accordance with this

subtitle.

SEC. 1099G. NO ADDITIONAL FUNDS.

No additional funds are authorized to be appropriated to

carry out this subtitle.

SEC. 1099H. SEVERABILITY.

If any provision of this subtitle, or the application

thereof to any person or circumstance, is held invalid, the

remainder of this subtitle and the application of that

provision to other persons not similarly situated or to other

circumstances shall not be affected by the invalidation.

SA 6793. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

In section 119, strike subsection (c) and insert the

following:

in which the plaintiff prevails, the court shall award the

plaintiff—

(1) threefold the damages sustained by the plaintiff;

(2) the costs to the plaintiff of bringing the civil

action, including a reasonable attorney's fee; and

(3) any other relief, including equitable relief or

declaratory relief, that the court determines appropriate.

SA 6794. Mr. MURPHY (for himself and Mr. Booker) submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 107(b) and insert the following:

(b) Mandatory Independent Investigation of Sexual Assault,

Abuse, and Misconduct.—

(1) In general.—Each institution, conference, and

intercollegiate athletic association shall—

(A) establish, maintain, and enforce written policies

requiring that any report or allegation of sexual assault,

sexual misconduct, sexual harassment, or physical abuse

involving a student athlete be referred within 24 hours of

receipt to—

(i) an independent investigator who is not employed by, and

has no financial relationship with, the institution,

conference, or intercollegiate athletic association against

which the report is made; and

(ii) the appropriate local law enforcement agency, unless

the student athlete who is the subject of the alleged harm

affirmatively declines such referral in writing after being

informed of the referral requirement;

(B) not permit any coach, athletic director, or employee of

the athletic department of an institution to participate in,

influence, or be notified of the specific factual findings of

any investigation described in subparagraph (A) prior to

completion of the investigation;

assault, sexual misconduct, sexual harassment, or physical

abuse, at no cost—

(i) an independent, confidential victim advocate not

employed by the athletic department or Title IX office of the

relevant institution;

(ii) access to a sexual assault forensic examination,

including any forensic evidence collection kit; and

(iii) written notification of rights under applicable

Federal and State law, including the right to file a civil

action; and

(D) retain records of all reports, referrals,

investigations, and outcomes under this paragraph for not

less than 10 years and make such records available to the

Office of the Student Athlete Ombudsman established under

section 108 upon request.

(2) Retaliation prohibited.—No institution, conference,

intercollegiate athletic association, or agent thereof may

take any adverse action against a student athlete who makes a

report under paragraph (1).

(3) Rule of construction.—Nothing in this subsection shall

be construed to limit the obligation of any institution to

comply with title IX of the Education Amendments of 1972 (20

U.S.C. 1681 et seq.) or any applicable State law governing

reporting of sexual assault or physical abuse.

SA 6795. Mr. MURPHY (for himself and Mr. Booker) submitted an amendment intended to be proposed by him to the bill S. 4668, to protect the name, image, and likeness rights of, and provide protections for, student athletes and to promote fair competition among intercollegiate athletics, and for other purposes; which was ordered to lie on the table; as follows:

Insert after section 112 the following:

SEC. 113. TRANSFER PROTECTIONS FOR COACHES.

An institution, a conference, an intercollegiate athletic

association, or any representative of such entity shall

permit a coach to transfer from one four-year institution to

another four-year institution—

(1) once without losing or delaying eligibility to coach

intercollegiate sports;

(2) except as provided in paragraph (3), a second time with

a loss of eligibility to coach intercollegiate sports during

the first academic year following the transfer; and

(3) additionally, without losing or delaying eligibility to

coach intercollegiate sports, upon—

(A) discontinuation of a sport that the individual coaches;

(B) sexual assault or harassment of the coach by an

individual associated with the institution at which the

individual coaches.

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