HR6350-119

2. Definitions In this Act: The term athlete agent has the meaning given the term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801). The term antitrust laws has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes 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. The term college athlete means— any individual who is enrolled (or has agreed to enroll) at an institution and participates in an intercollegiate sports team of such institution; and any individual who is solicited to enroll at an institution by, or at the direction of an employee of, the institution in order for such individual to participate in an intercollegiate sports team of such institution. The term compensation means, with respect to a college athlete, any form of payment or remuneration, whether provided through cash, benefits, awards, or any other means. The term conference means an entity that— has as members 2 or more institutions; arranges regular season intercollegiate athletic competitions and championships for such members; and sets rules with respect to such intercollegiate athletic competitions and championships. The term image means, with respect to a college athlete, any visual depiction that identifies, is linked to, or is reasonably linkable to the college athlete. 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). The term intercollegiate athletic association means any entity that— sets common rules, standards, procedures, or guidelines for the administration and regulation of intercollegiate sports teams and intercollegiate athletics competitions; and is composed of 2 or more institutions or conferences located in more than 1 State. The term intercollegiate athletic competition means any contest, game, meet, match, tournament, regatta, or other event in which intercollegiate sports teams of more than 1 institution compete. The term intercollegiate athletics— means the intercollegiate sports teams for which eligibility requirements for participation by college athletes are established by a conference or an intercollegiate athletic association; and does not include any recreational, intramural, or club teams. The term intercollegiate sports team means an entity composed of an individual or group of individuals enrolled at an institution that is organized by such institution for the purposes of participation in intercollegiate athletic competitions. The term likeness, with respect to a college athlete, means a physical or digital depiction or representation that identifies, is linked to, or is reasonably linkable to the college athlete. The term name, with respect to a college athlete, means the first, middle, or last name, or the nickname or former name, of the college athlete when used in a context that identifies, is linked to, or is reasonably linkable to the college athlete. The term name, image, and likeness agreement means a contract or similar written or oral agreement under which a college athlete licenses or authorizes, or a contract or similar agreement that otherwise is in relation to, the commercial use of the name, image, or likeness of the college athlete. The term Power Four means the Big Ten Conference, the Southeastern Conference, the Atlantic Coast Conference, and the Big 12 Conference, or any successors to such conferences. The term professional representation means— representation provided by an athlete agent, financial advisor, or collective representative; and legal representation provided by an attorney. The term State means each State of the United States, the District of Columbia, and each commonwealth, territory, or possession of the United States.

3. College athlete’s name, image, and likeness rights An intercollegiate athletic association (in this Act referred to as an IAA), conference, or institution may not— restrict a college athlete from receiving compensation for the use of the name, image, or likeness of such college athlete; or take adverse action against a college athlete because the college athlete receives compensation for the use of the name, image, or likeness of such college athlete. An IAA, conference, or institution may not— restrict a college athlete from obtaining professional representation; or take adverse action against a college athlete because the college athlete obtained professional representation. An IAA, conference, or institution may not require a college athlete to disclose the terms of a name, image, and likeness (in this Act referred to as NIL) agreement. If a college athlete voluntarily discloses the terms of an NIL agreement to an IAA, conference, or institution, that IAA, conference, or institution may not disclose the terms of the agreement to a third-party without the express written consent of the college athlete. A name, image, and likeness agreement under which a college athlete is provided compensation in an amount greater than $600 shall be voidable by the athlete if such agreement does not satisfy the following: The agreement is in writing. The agreement contains the following: A description of any services to be rendered under the agreement. The names of the parties to the agreement. The term of the agreement. The amount of compensation to be provided to the college athlete under the agreement. A provision specifying the circumstances or events under which the agreement may be terminated due to nonperformance of obligations by the college athlete. A provision specifying that the college athlete may terminate the agreement, notwithstanding any other term described in the agreement, beginning immediately after the date on which the college athlete is no longer enrolled at any institution. The signature of the college athlete or, if the college athlete is under the age of 18 years, the signature of the parent or guardian of the college athlete. Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended— by striking (i) an alien having and inserting (i)(I) an alien having; by redesignating clauses (ii) and (iii) as subclauses (II) and (III), respectively; by striking the semicolon and inserting ; or; and by adding at the end the following: an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide current college athlete (as defined in section 2 of the College Athletics Reform Act) qualified to pursue a full course of study at an institution (as defined in section 2 of the College Athletics Reform Act), and who seeks to enter the United States temporarily and for the purpose of pursuing a course of study at such an institution, that is approved by the Secretary of Homeland Security, while also participating in intercollegiate athletics, which institution shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn; Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following: Notwithstanding clause (i), an alien who seeks admission to the United States to compete in intercollegiate athletics as an international college athlete nonimmigrant described in subparagraph (F)(ii) of section 101(a)(15) shall not be inadmissible for having participated or engaged in activities described in section 3 of the College Athletics Reform Act (relating to the marketing of the name, image, or likeness, of the alien), individually or as a member of a group of athletes, and such activities shall not constitute a violation of or failure to maintain such nonimmigrant status. A violation of this section (other than the amendments made by subsection (e)) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this section 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. Any person who violates such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44; 45(a)(2); 46) or any jurisdictional limitation of the Federal Trade Commission, the Federal Trade Commission shall also enforce this section in the same manner provided in subparagraphs (A) and (B) with respect to organizations not organized to carry on business for their own profit or that of their members. In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the college athletes enrolled at an institution of the State in an appropriate district court of the United States to— enjoin such act or practice; enforce compliance with this section; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other legal and equitable relief as the court may consider to be appropriate. Any college athlete or group of college athletes injured by a violation of this section may bring a civil action against an IAA, conference, or institution for such violation in the appropriate United States district court to receive appropriate relief, including preliminary and other equitable or declaratory relief and actual damages. In an action brought under this paragraph, a court may award court costs and attorney’s fees to the prevailing plaintiff. The provisions of this section shall preempt any provision of a State law, rule, regulation, requirement, standard, or other provision having the force and effect of law that conflicts with a provision of this section. Nothing in this section shall be construed to prohibit a State from enacting a law, rule, or regulation that provides more expansive rights to college athletes than the rights provided by the provisions of this section. (ii)an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide current college athlete (as defined in section 2 of the College Athletics Reform Act) qualified to pursue a full course of study at an institution (as defined in section 2 of the College Athletics Reform Act), and who seeks to enter the United States temporarily and for the purpose of pursuing a course of study at such an institution, that is approved by the Secretary of Homeland Security, while also participating in intercollegiate athletics, which institution shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn;. (v)International college athletesNotwithstanding clause (i), an alien who seeks admission to the United States to compete in intercollegiate athletics as an international college athlete nonimmigrant described in subparagraph (F)(ii) of section 101(a)(15) shall not be inadmissible for having participated or engaged in activities described in section 3 of the College Athletics Reform Act (relating to the marketing of the name, image, or likeness, of the alien), individually or as a member of a group of athletes, and such activities shall not constitute a violation of or failure to maintain such nonimmigrant status..

4. Regulating sports agents The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is amended— in section 3— in subsection (a)— by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively; and by inserting after paragraph (1) the following: charge a student athlete a fee with respect to an endorsement contract that is in an amount that is greater than 4 percent of the amount of the compensation provided to such student athlete under such contract; represent a student athlete for an endorsement contract without the athlete agent first registering as an agent with a State and certifying to an athletic association governing the intercollegiate sport the student athlete participates in that the athlete agent is registered with a State; enter into an agency contract with a student athlete that does not include a provision specifying that the student athlete may terminate the agency contract, notwithstanding any other term described in the agency contract, beginning on the date that is immediately after the date on which the student athlete is no longer enrolled at any institution (as defined in section 2 of the College Athletics Reform Act); 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. and inserting Notice to Student Athlete:; and in section 8, by striking Uniform Athlete Agents Act of 2000 and inserting Revised Uniform Athlete Agents Act. The Federal Trade Commission shall conduct a study to analyze the impacts of establishing a program, administered by an entity independent of any institution, conference, or intercollegiate athletic association, to develop standards for, certify as compliant with such standards, and otherwise regulate athlete agents who enter into agreements with college athletes, which shall include an analysis of— options for establishing such a program; potential sources of funding for such a program; a reasonable timeline for establishing such a program; and the costs and benefits associated with such a program. Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the results of the study conducted under paragraph (1), which shall include legislative recommendations with respect to the establishment and funding of the program described in such paragraph. (2)charge a student athlete a fee with respect to an endorsement contract that is in an amount that is greater than 4 percent of the amount of the compensation provided to such student athlete under such contract;(3)represent a student athlete for an endorsement contract without the athlete agent first registering as an agent with a State and certifying to an athletic association governing the intercollegiate sport the student athlete participates in that the athlete agent is registered with a State;(4)enter into an agency contract with a student athlete that does not include a provision specifying that the student athlete may terminate the agency contract, notwithstanding any other term described in the agency contract, beginning on the date that is immediately after the date on which the student athlete is no longer enrolled at any institution (as defined in section 2 of the College Athletics Reform Act);; and

5. Establishment of Commission There is established in the legislative branch the Commission to Stabilize College Sports (in this section referred to as the Commission). The Commission shall be composed of 16 members, of whom— 4 shall be appointed by the Chair of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chair of the Committee on Education and Workforce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics; 4 shall be appointed by the ranking minority member of the Committee on Health, Education, Labor, and Pensions of the Senate and the ranking minority member of the Committee on Education and Workforce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics; 4 shall be appointed by the Chair of the Committee on Commerce, Science, and Transportation of the Senate and the Chair of the Committee on Energy and Commerce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics; and 4 shall be appointed by the ranking minority member of the Committee on Commerce, Science, and Transportation of the Senate and the ranking minority member of the Committee on Energy and Commerce of the House of Representatives, and not fewer than 2 of these members shall currently or previously have participated in intercollegiate athletics. Each member appointed under subparagraph (A) shall have experience in one or more of the following areas: Professional or college athletics, including participation, administration, governance, and media. Enforcement of Federal statutes covering college athletics, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). Employment and labor issues, especially collective bargaining. Civil rights issues, including fairness and advocacy. Leadership experience at a non-Power Four institution, especially a historically Black college or university. In making appointments to the Commission under subparagraph (A), the congressional leaders shall not appoint more than 8 members affiliated with the Power Four, including institutions who are members of the Power Four. The Commission shall have two co-Chairs, selected from among the members of the Commission and jointly agreed upon by the Chairs and ranking minority members of the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Workforce of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives. The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. Members shall be appointed for the life of the Commission. The Commission shall meet and begin the operations of the Commission as soon as practicable. After the initial meeting, the Commission shall meet upon the call of the co-Chairs or a majority of its members. Ten members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. The Commission shall conduct a study on matters related to the governance of college athletics in the United States. The matters studied by the Commission shall include— proper roles of intercollegiate athletic associations, conferences, institutions, and governmental entities in the governance of college athletics; with respect to collective bargaining between college athletes and intercollegiate athletic associations, conferences, or institutions on bargaining subjects such as compensation (including equitable revenue sharing), the transfer portal, athlete health and safety (including independent medical care), eligibility, academic standards, and time and travel requirements— methods and effects of Congress enabling collective bargaining without classifying college athletes as employees; and barriers and solutions to collective bargaining without congressional intervention; methods and effects of Congress chartering a new organization, similar to the United States Olympic & Paralympic Committee, to negotiate college sports’ media rights and govern college athletics, and providing athletes adequate representation and voting power within such an organization; the state of title IX, especially enforcement by the Department of Education and the statute’s impact on direct compensation and opportunities related to NIL; and how additional revenue generated by the pooling and selling of institutions' television rights, in accordance with section 6, can be deployed to protect and expand opportunities in women’s and nonrevenue sports and support athletic programs at non-Power Four schools, especially historically Black colleges and universities, including by revenue sharing directly with athletes. Not later than 2 years after the date on which a majority of the members of the Commission have been appointed, the Commission shall submit a report to the majority and minority leaders of the Senate, the Speaker of the House, the minority leader of the House, and the Chairs and ranking minority members of the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Workforce of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as it considers appropriate. The Commission shall make the report publicly available on a website owned and operated by Congress. The Commission may— hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act; and subpoena an intercollegiate athletic association, conference, institution, or individual the testimony of whom may be relevant to the purpose of the Commission. On request by the executive director of the Commission, the head of a Federal agency shall furnish information to the Commission. The Commission may use the United States mail in the same manner and under the same conditions as other departments and agencies of the Federal Government. The Commission may accept, use, and dispose of gifts or donations of services or property. The co-Chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f)(2). The Commission may use the 90-day period for the purposes of concluding its activities. There is authorized to be appropriated such sums as may be necessary to carry out this section, of which— 50 percent shall be derived from the applicable accounts of the House of Representatives; and 50 percent shall be derived from the contingent fund of the Senate.

7. Expanding athletics disclosure requirements Section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)) is amended— in paragraph (1)— in the matter preceding subparagraph (A)— by inserting collegiate (including intramural and club-level) or before intercollegiate athletic program; and by inserting collegiate and before intercollegiate athletics; in subparagraph (C)— by striking The total amount and inserting the following: The total amount by adding at the end the following: For each men’s and women’s varsity team that competed in intercollegiate athletic competition— the total amount of money spent on athletically related student aid; and with respect to athletically related student aid awarded the form of a scholarship— the total number of such scholarships awarded, disaggregated— by the total number awarded for a period of not more than 1 academic year; and by the total number awarded for a period of not less than 4 academic years; the average amount of such scholarships; the total number of such scholarships that fund the cost of tuition at the institution for the athlete awarded such scholarship; and the total number of such scholarships that fund the cost of attendance for the athlete awarded such a scholarship; the total amount of revenues shared directly with athletes on the team. in subparagraph (E), by inserting and disaggregated by each men’s sport and each women’s sport before the period at the end; in subparagraph (G), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution of higher education) before of the head coaches of men’s teams; in subparagraph (H), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution of higher education) before of the assistant coaches of men’s teams; in subparagraph (I)— by striking clause (i) and inserting the following: The revenues derived by the institution from the institution’s collegiate and intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— total revenues; and each category of revenues described in clause (ii). in clause (ii)— by inserting collegiate and before intercollegiate; and by striking , and advertising, but revenues and all that follows through the period at the end and inserting , advertising, and, to the extent practicable, student activities fees and alumni contributions.; in subparagraph (J)— by striking clause (i) and inserting the following: The expenses made by the institution for the institution’s collegiate and intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— total expenses; and each category of expenses as described in clause (ii). in clause (ii), by inserting collegiate and before intercollegiate; and by adding at the end the following: The numbers of participants who participate in 1, 2, or 3 varsity teams, respectively, at the institution, in the aggregate and disaggregated by each men’s sport and each women’s sport. The total number of men that practice on women’s varsity teams, in the aggregate and disaggregated by each women’s sport. The number of male students, and the number of female students, participating in collegiate (including intramural and club) sports at the institution. An identification, description, and demonstration of the part of the three-part test, as published by the Department of Education titled Title IX of the Education Amendments of 1972; a Policy Interpretation; Title IX and Intercollegiate Athletics (44 Fed. Reg. 71413, December 11, 1979), that the institution asserts its intercollegiate athletics program satisfies for the purposes of compliance with title IX. A certification that the institution has verified the information submitted in the report under this paragraph. in paragraph (2), by striking For the purposes of paragraph (1)(G) and inserting For the purposes of subparagraphs (G) and (H) of paragraph (1); and by amending paragraph (4) to read as follows: Each institution of higher education described in paragraph (1) shall— by October 15 of each year, provide the information contained in the report required under such paragraph for such year to the Secretary; and by not later than February 15 of each year, publish such information on a public internet website of the institution in a machine-readable and searchable format. By not later than February 15 of each year, the Secretary shall make the reports and information described in subparagraph (A) for the immediately preceding academic year available to the public, which shall include posting the reports and information on a public internet website of the Department in a searchable format. The amendments made by this section shall take effect on July 1, 2026, and shall apply with respect academic year 2026–2027, and each succeeding academic year (i)The total amount; and (ii)For each men’s and women’s varsity team that competed in intercollegiate athletic competition—(I)the total amount of money spent on athletically related student aid; and(II)with respect to athletically related student aid awarded the form of a scholarship—(aa)the total number of such scholarships awarded, disaggregated—(AA)by the total number awarded for a period of not more than 1 academic year; and(BB)by the total number awarded for a period of not less than 4 academic years;(bb)the average amount of such scholarships;(cc)the total number of such scholarships that fund the cost of tuition at the institution for the athlete awarded such scholarship; and(dd)the total number of such scholarships that fund the cost of attendance for the athlete awarded such a scholarship;(III)the total amount of revenues shared directly with athletes on the team.; (i)The revenues derived by the institution from the institution’s collegiate and intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including—(I)total revenues; and(II)each category of revenues described in clause (ii).; and (i)The expenses made by the institution for the institution’s collegiate and intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including—(I)total expenses; and(II)each category of expenses as described in clause (ii).; and (K)The numbers of participants who participate in 1, 2, or 3 varsity teams, respectively, at the institution, in the aggregate and disaggregated by each men’s sport and each women’s sport.(L)The total number of men that practice on women’s varsity teams, in the aggregate and disaggregated by each women’s sport.(M)The number of male students, and the number of female students, participating in collegiate (including intramural and club) sports at the institution.(N)An identification, description, and demonstration of the part of the three-part test, as published by the Department of Education titled Title IX of the Education Amendments of 1972; a Policy Interpretation; Title IX and Intercollegiate Athletics (44 Fed. Reg. 71413, December 11, 1979), that the institution asserts its intercollegiate athletics program satisfies for the purposes of compliance with title IX.(O)A certification that the institution has verified the information submitted in the report under this paragraph.; (4)Submission; report; information availability(A)Institutional requirementsEach institution of higher education described in paragraph (1) shall—(i)by October 15 of each year, provide the information contained in the report required under such paragraph for such year to the Secretary; and(ii)by not later than February 15 of each year, publish such information on a public internet website of the institution in a machine-readable and searchable format.(B)Public availabilityBy not later than February 15 of each year, the Secretary shall make the reports and information described in subparagraph (A) for the immediately preceding academic year available to the public, which shall include posting the reports and information on a public internet website of the Department in a searchable format..