Senate
Page S4765 · Official textThe Senate met at 10 a.m. and was called to order by the President pro tempore (Mr. Grassley).
Thursday, September 17, 2026
Vol. 172, No. 147 · 119th Congress, 2nd session
Prayer
Page S4765 · Official textThe Chaplain, Dr. Barry C. Black, offered the following prayer: Let us pray. Eternal Lord God, who rules the raging of the sea, give our Senators today a heightened sense of the special role You have called them to play in the unfolding story of American and world history. Help them to recognize the decisions they make may shape the lives of generations yet to come. May they approach this responsibility with humility, integrity, and courage. Give them a deeper sense of stewardship. Teach them to use each day wisely and to make every opportunity count for the good of humanity. May they remember those who are struggling, those who feel forgotten, those who are vulnerable, and those whose voices are not always heard. Lord, provide our legislators with compassion to listen, wisdom to deliberate, and strength to act with justice. We pray in your righteous Name. Amen.
Pledge of Allegiance
Page S4765 · Official textThe President pro tempore led the Pledge of Allegiance, as follows:
Text printed in the Record (174 characters)
I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Reservation of Leader Time
Page S4765 · Official textThe PRESIDING OFFICER (Mr. Sheehy)
Under the previous order, the leadership time is reserved.
Conclusion of Morning Business
Page S4765 · Official textThe PRESIDING OFFICER
Morning business is closed.
Legislative Session
Pages S4765–S4774 · Official textThe PRESIDING OFFICER
Under the previous order, the Senate will resume consideration of the motion to proceed to S. 4668, which the clerk will report.
The senior assistant executive clerk read as follows:
Text printed in the Record (241 characters)
Motion to proceed to Calendar No. 449, S. 4668, a bill 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.
The PRESIDING OFFICER
The President pro tempore.
Mr. President, today is Constitution Day. On September 17, 1787, 39 delegates signed the U.S. Constitution in Philadelphia. They set forth an experiment rooted in American exceptionalism: Government authority comes from "We the People," the first words of the preamble to the Constitution.
The U.S. Constitution is the only founding document of any country in the history of humankind that is meant to protect the people from the government. Other constitutions throughout history were written to give the government power over the people. That is why the United States is unique, and that is why we continue to say that the United States is an exceptional system of government.
There are some in this country who want to fundamentally change the U.S. Constitution. In recent months, there is an organization within the Democrat Party that call themselves the Democratic Socialists of America. Their document wants to abolish the Senate. That document would uproot our system of checks and balances. That system would rip up our Constitution and draft a new one--particularly when some of them are saying they want a parliamentary system of government like other countries, particularly in Europe, have.
Democratic socialism of America is antithetical to America's promise of prosperity and the founding principles enshrined in our great Constitution.
The U.S. Constitution is now 239 years old this very day, and the principles that it embodies are timeless. On this Constitution Day, September 17, it is my hope that Americans of all ages will reflect upon the blessings of freedom handed down from one generation to the next.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER
The clerk will call the roll.
The senior assistant executive clerk proceeded to call the roll.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER
Without objection, it is so ordered.
And I ask unanimous consent to waive the mandatory quorum call with respect to the Mitchell nomination.
The PRESIDING OFFICER
Without objection, it is so ordered.
The majority leader is recognized.
Mr. President, late summer in South Dakota is one of my favorite times of the year. And as usual, I spent a lot of it crisscrossing the State, talking to South Dakotans and seeing some of the great things that are happening from Sisseton to Spearfish to Sioux Falls.
Late summer, of course, is fair season, and I made the rounds of multiple fairs: Brown County, Turner County, Butte-Lawrence Counties, the State fair, Dakotafest. I love the chance to meet so many South Dakota families and to hear what is on their minds. And, of course, if I can eat a little fair food while I am at it, it is even better.
I particularly value the opportunity I have at these fairs to hear from the men and women of South Dakota's leading industry, which is agriculture.
The Aberdeen Area Chamber of Commerce hosted a terrific agribusiness meeting at the Brown County Fair, and the Dakotafest congressional forum always provides me with a lot of valuable feedback from South Dakota farmers and ranchers.
Outside the fair circuit, I also had the chance to talk to South Dakota ag producers at a number of other stops, including the CHS Southwest Grain elevator in Lemmon and the Midwest Agricultural Export Summit.
Farmers and ranchers are facing a lot of headwinds right now, and I am committed to do everything I can in Washington to help producers.
I am proud that the Republicans' Working Families Tax Cut legislation strengthened a number of programs producers depend on, such as crop insurance and commodity and livestock programs.
And while I am disappointed that my Democratic colleagues have chosen to put politics ahead of producers and unanimously opposed the farm bill, which was voted on yesterday at the Senate Ag Committee, I haven't given up.
Another big perk of the past few weeks has been the opportunity to visit South Dakota small businesses. I got to tour Gameday Social's new headquarters in Sioux Falls, sit down with ranchers and other community leaders at the Lazy Spurr in Bison, tour Woodland Cabinetry in Sisseton, and more.
I love hearing from small business owners about how the Working Families Tax Cut is helping their businesses, and I value the opportunity to hear what else we can do in Washington to help small businesses grow and thrive and create jobs.
It is always an honor to get to talk to the men and women who put their lives on the line to protect their fellow Americans. Over the past few weeks, I had the chance to visit with South Dakota sheriffs at a roundtable in Flandreau, chat with members of the Lemmon Volunteer Fire Department, and show the Under Secretary of the Army around Ellsworth Air Force Base.
Anticipation is building for the arrival of the B-21 bomber, which is the future of the long-range strike, and we had some great discussions about the preparations that are underway.
We also had the opportunity to meet with leaders of the South Dakota industrial base and academia about their contributions to the joint force, like the work that VRC Metal Systems in Box Elder is doing on cold-spray maintenance technology.
There were so many other great moments from my travels: getting to tour Spearfish High School's Career and Technical Education Center; visiting Dakota State's Applied Research Corporation to discuss how South Dakota can be a leader in cyber security and national intelligence; interacting with students at Black Hills State University; participating in the groundbreaking of the James Abdnor Center for Advanced Manufacturing at Southeast Technical College, which is a deeply meaningful moment for me as a former Jim Abdnor staffer.
Late summer in South Dakota can't be beat, and I am very proud to be from our great State.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER
The clerk will call the roll.
The senior assistant executive clerk proceeded to call the roll.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER
Without objection, it is so ordered.
Mr. President, I come to the floor today on a day that we celebrate the Constitution, the U.S. Constitution. It is interesting. I met with a 12-year-old visitor to the Capitol here today. His name is George Barozzini. He said, "You know today is Constitution Day."
Well, he is absolutely right, and it is delightful to know that a 12-year-old would know that. We have the pages here. They are well aware of that because this is the anniversary of the day, 237 years ago, when 39 noble patriots, representing 12 of the Thirteen Original Colonies, signed the Constitution.
In four short, handwritten pages, the structure of our government was laid out. The Constitution was a work of courageous men, men who fought and bled and sacrificed for the sake of the United States, the sake of our freedom, the sake of our liberty. Their daring produced a document that is truly unique in human history.
Now, I have my own copy of the Constitution right here. It begins with three simple words: "We the People." To the delegates of the Constitutional Convention, America was not a fuzzy idea; it was one people and one land, united for one purpose. And the purpose, of course, was to secure the blessings and liberty to ourselves and our posterity.
In Federalist No. 2, John Jay, one of the authors of the Federalist Papers, he cataloged what unites us as a nation. It is our shared heritage, our shared language, and our shared belief in the same God. It is our shared principles of government, our common culture, one nation's shared sacrifice in the Revolutionary War. On this basis, our Constitution has endured for more than two centuries. It remains the fountain of American glory, American greatness, and American self-government.
Today, President Trump and Republicans are fighting to uphold the Constitution and unite the American people. We are confirming judges who follow the Constitution, judges who apply the law, who don't try to legislate from the bench. We are restoring power to the people and the States. We are removing power from unelected bureaucrats in Washington, DC. Under President Trump and Republicans, the Constitution is respected once again.
By contrast, the left doesn't really value the Constitution, let alone will they be celebrating it today. That is why the American people have never been more worried or more alarmed by the direction of today's Democrat Party. It is true. Democrats have launched a full frontal assault on the core principles of America. They are ignoring our laws, they are violating our sacred values, and they seem to be trying to destroy our way of life.
Democrats have now come out with an extreme manifesto. Their manifesto dismantles the Constitution.
It diminishes our American spirit. It betrays Americans' trust. The lead three articles of the Constitution compose our system of government, three branches of government, and Democrats today are attacking all three of those branches simultaneously.
Additionally, a number of their nominees are attacking the Bill of Rights. They are after the whole thing. The Democrat nominee in Michigan wants to take away our guns, our Second Amendment rights.
The Democrat manifesto calls for abolishing the U.S. Senate--get rid of the whole thing. Well, the Constitution guarantees equal representation of the States in the Senate regardless of the population of the State, and that includes my home State of Wyoming and your home State of Montana.
Senator Booker, the Democrat from New Jersey, said recently in an interview that this article I pillar of the Constitution--he described it as "problematic." Apparently, we are problematic.
No, Senator Booker. What is truly problematic is that thousands of illegal immigrants were registered to vote in your State of New Jersey. That is problematic.
Additionally, the Democrat manifesto calls for getting rid of the Presidency as we know it. Under the Democrat manifesto, Congress would elect the President--and that is a Congress without a Senate.
Additionally, the Democrat manifesto calls for abolishing the Supreme Court--a Supreme Court as appointed by the President and confirmed by this body, the Senate.
What the Democrats are proposing is radical, it is extreme, it is dangerous, it is scary, and they are standing by it.
The simple truth is people who want to tear up our Constitution cannot be trusted to build up our country. They can't be trusted to keep our Nation safe. They can't be trusted to keep our Nation secure.
Republicans are going to continue to defend America's history, our American values, and our American greatness.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER
The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER
Without objection, it is so ordered.
The Democratic leader is recognized.
Mr. President, first on China and AI, the evidence for the potential dangers of unchecked AI continue to grow and grow, but Donald Trump keeps brushing off America's concerns about AI's risks. Trump justifies his support for unregulated AI by saying that is how we beat China in the AI race, but his refusal to join us in blocking the sale of the most advanced chips to China does the opposite: It lets China get ahead of us.
The best tool we have to outcompete China and curb the CCP's AI ambitions is by prohibiting their access to the most advanced AI chips and manufacturing equipment. I have been saying it for years. A group of us have introduced bipartisan legislation to the NDAA to stop it.
National security experts agree that we have to stop the sale of these chips to China. Many of my Republican colleagues agree. But Trump doesn't, and he is the biggest barrier standing in the way. Trump keeps saying he wants to curb China, but he keeps standing in the way of the best method we have to make sure China doesn't get ahead of us and beat us in this competition over what to do with AI.
Stop selling them the most advanced chips, Donald. Donald, listen already, because you are hurting America and making the world more dangerous by what you are doing on these chips. Donald, if you want to get a leg up on China over AI, join us in stopping them from getting our chips, plain and simple.
Trump could protect this technology and America's lead in the AI race today.
Before Trump meets with Xi Jinping next week, he needs to draw a line in the sand and say that blocking the Chinese Communist Party's access to our cutting-edge AI technology is nonnegotiable. This was a longstanding policy of the America Government, of both parties, until Trump started listening to his cronies that America's security was up for negotiation with our enemies.
We need to reject the false choice Trump keeps presenting. We can both maintain our lead in the AI race by restricting China's access to our technology, and we can put up guardrails to mitigate AI's risk at the same time. These goals are not mutually exclusive. In fact, they are fundamentally intertwined.
AI development that leads to a catastrophic event and the loss of public trust will undermine America's leadership.
Democrats are working on measures to accomplish both these priorities, and Republicans need to get on board before it is too late.
Make no mistake, without guardrails to ensure safe, sustainable AI innovation--and there is a lot of good that can come from the transformational innovation of AI--the AI race will become a race to the bottom, and that is no victory for the American people.
Mr. President, on interest rates, every day, we see how much the chaos Donald Trump injects into our economy costs the American people. Yesterday, the Federal Reserve increased interest rates for the first time in 3 years to fight Trumpflation fueled by the President's tariffs and the disastrous war against Iran. Everything is going to become more expensive because Donald "I love inflation" Trump is doing everything he can to drive up costs. Every time an American takes out a loan for a house, a car, a credit card, or anything else, they are going to get settled with higher interest payments. Trump indulges in his chaos and corruption; Americans pay more. It is as simple as that.
Instead of doing anything to bring down costs, to stop his tariffs, to end his war, Trump does what he always does and calls "affordability" a "made up" word. This man doesn't get it. He said it again in North Carolina just yesterday. Does Donald Trump think North Carolina voters think that "affordability" is a made-up word? Does Donald think that when North Carolina families sit around the kitchen table and figure out which bills they can afford to pay and not afford to pay, that that is made up?
When he says these things in North Carolina, he may be saying it to a few hundred of his MAGA supporters, but the rest of North Carolina hears it and says: I don't want this guy, and I don't want a Senator who is going to go along with it.
Only Trump could look at this economic pain he has inflicted on the American people and claim he is the victim.
Donald, if the word "affordability" bothers you so much, then do something about it. Stop with the pity party.
Trump also bashed the Federal Reserve Board for simply doing its job and renewed his threat to cut off a vast swath of U.S. trade if the Fed refuses to lower interest rates. Donald Trump wants to hold the American economy hostage and demand the Fed pay the ransom.
Trump isn't doing anything to lower costs, and neither are Senate Republicans.
Just yesterday, I pushed to pass my legislation to end Trump's tariff tax and deliver some relief to American families. Who blocked it? Senate Republicans, of course. That was the Republicans' first chance to lower costs for Americans since we have been back from our State activities for 5 weeks, and based on their schedule, it is also likely Republicans' last opportunity to stop Trump's costly tariffs before election day. Instead of lowering families' costs, Republicans voted against us.
Again, the bottom line: This may have been the last opportunity to get rid of these tariffs, which are raising Americans' costs, before Leader Thune calls the session to a close.
Republicans better get ready to pay a political cost in November on par with the economic costs they have inflicted on the American people. America doesn't like it.
Mr. President, finally, on the Iran war, well, Trump continues to downplay the severe costs of his failed war in Iran. This week, we learned that the war has cost the Pentagon at least--at least--$38 billion and American motorists over $100 billion in extra gas costs. I saw on TV this morning that the price is approaching $4.40 a gallon, and it keeps going up.
And the $38 billion is just a minimum estimate. But, yesterday, campaigning in North Carolina, Trump said the hundreds of billions of dollars he is burning on this war is "a very inexpensive price"--those are his words--"to pay for what we've done" in Iran--spoken like a billionaire who has never filled his own gas tank 1 day in his life.
Earth to Trump: $4.50 a gallon for gas and a record $6.40 a gallon for diesel isn't inexpensive for working Americans.
What exactly does Trump think this cost has gotten the American people? Is it the Iranian regime in Tehran that is even more radical than before the war? Is it Iran's tightening grip on the Strait of Hormuz and other key shipping choke points. How about the 18 brave U.S. servicemembers killed, hundreds more wounded, tens of thousands kept in harm's way for months and months on end?
The only thing Trump has done in Iran is make everything worse. How can my Republican colleagues go along with this?
Senate Democrats--make no mistake about it--Senate Democrats will push for another vote on a War Powers Resolution next week to bring our troops home and will continue to force votes until Trump ends his Iranian blunder.
Senate Republicans have a choice: Keep forcing Americans to pay the cost of Trump's forever war or stop kissing the ring and join us in it.
I yield the floor.
The PRESIDING OFFICER
The minority whip.
Mr. President, I have been through a lot of events on Capitol Hill in my life. There was one, last night, that was worth remembering. It was a gathering for a rally for medical research investment by Congress and the President for the good of all of our country and beyond, and there was one presentation which really had an impact.
A former colleague of ours in the U.S. Senate, Ben Sasse of Nebraska, is fighting a heroic battle against cancer. He was diagnosed quite a few months ago with pancreatic cancer, and it spread throughout his body.
I recall when it was first reported. Senator Sasse was candid, honest, and levelheaded in saying this is considered a death sentence, but we are going to fight it.
Well, there he was last night and in communication with this group that gathered on Capitol Hill--doctors and researchers and scientists from all over the United States--to report on his progress. Nine months after they predicted he would not survive, he has survived.
He talked about the fact that he was going to enjoy a meal with his family, and he counted every meal that he had with his family as a triumph over the early predictions that it would never happen.
The reason I raise that point is that there are a lot of issues that come before us in Congress, and there are a lot of political opinions on those issues. What I have found over the years is that a few issues transcend politics.
Medical research is one of those issues. It is a situation where I don't care if the researcher, scientist, or doctor is a Democrat or a Republican or even votes. I want to know if they are doing worthwhile research that can lead to cures, can save lives.
Most every one of us has been in the circumstance where some terrible diagnosis comes out affecting someone in your family or someone you love. One of the first questions you ask, of course: Is there anything we can do? Is there a drug? Is there a surgery? Is there a procedure? Hoping beyond hope that there will be good news and at least the promise, the possibility of the one you love being spared--medical research does that.
When I had a chance, about 12 years ago, to go to the National Institutes of Health, which is the premier medical research agency in the world--in the world--I met with Dr. Francis Collins. He is a legend. He served under Presidents of both political parties, headed up the NIH, and was really part of the solution and cures of so many things in front of us.
And I asked him, when I visited 12 years ago: What can I do, as a Member of the Senate, to help medical research in America?
And he said: Senator, if you can just give us 5 percent growth each year on a consistent basis, my researchers will have confidence that they can stick with their research and maybe find that cure. But when you go up and down with the research money, it is almost impossible to get that level of confidence.
That inspired me to come back to Capitol Hill to meet with then-Republican Senator Roy Blunt of Missouri, who chaired the subcommittee that funds NIH, and I told him that story about Dr. Collins.
So Roy Blunt and I, a Republican and a Democrat, reached out to enlist people to gather support in our cause, 5 percent real growth each year. Among those who were contacted was Patty Murray, who has been committed to medical research throughout her Senate career, as the ranking Democrat on the Senate Appropriations Committee, and Senator Susan Collins of Maine, who is now chairperson of the Senate Appropriations Committee, and many others.
It was a bipartisan effort, and it was successful. Over the last 10 years, we have increased the spending for medical research at NIH from $30 billion a year to $49 billion a year. That substantial 60 percent increase was what Dr. Collins was asking for.
Now, we have challenges that we have to face. The administration, in the first two budgets of the second Trump administration, has asked for dramatic cuts in medical research.
You didn't hear me wrong. They have asked for dramatic cuts in medical research.
And you say to yourself: Why? Why in the world would we take a step backward when it comes to medical research?
Our former Senator Ben Sasse is living proof--living proof--that "research leading to cures" works. It is the right investment.
Ask any family who is facing a terrible disease if research is important to them, and you know the answer already.
So now comes a proposal from the Trump administration, not only on the budget to cut the NIH, but the Department of Defense and the National Institutes of Health have supposedly reached a 10-year agreement--these two Agencies.
The Department of Defense, of course, is the largest Department in the Federal Government. The NIH is far from the largest.
The agreement sets up a path for the Department of Defense and NIH to collaborate on chemical and biological defense research and development.
That is a good thing, isn't it? Of course, it is.
But who is going to pay for it? Who is going to pay for this research? The Department of Defense, which has a trillion-dollar annual budget--a trillion-dollar annual budget? Or is it the NIH, an Agency that struggles at $49 billion to fight off cuts in the budget proposed by the President?
If you guessed the NIH, you are right. You see, what the announcement failed to mention was that this so-called agreement at the Department of Defense and NIH, which costs as much as $2 billion, is being paid for by virtually eliminating the National Institute of Allergy and Infectious Diseases.
Let's be honest about this. A move to siphon funds away from the Nation's premier medical research Agency, which struggles with lifesaving research, to further bankroll the Pentagon, the most heavily funded Agency in our government--what is wrong with this picture?
By implementing this agreement, the Trump administration will, once again, undermine the NIH, when they should be boosting it, supporting it, on a bipartisan basis.
Since day one, the Trump administration has been hellbent on cutting NIH funding. This latest decision is another foolish gesture on their part, which should be stopped in its tracks.
For years, this investment and research at NIH have been worthwhile. This proposal to transfer one-third of the Agency's budget on infectious diseases is a mistake.
DOD is increasing its investments in medical research, and that is a good thing, I have been a supporter of that myself, when I chaired the subcommittee of appropriations on defense spending. But we need to be committed all the way when it comes to funding NIH.
Mr. President, I want to talk about the treatment of air traffic controllers by this administration.
Later this afternoon, I will take an airplane ride from Washington to Chicago. I think it is likely to happen today, if the Senate schedule allows it.
Once again, as I have done hundreds of times--literally thousands of times--I will entrust my safety, my future, and my survival to a competent aircrew, as well as the air traffic controllers of America.
It is one of the most stressful jobs in the world. They work 6-day weeks. Unfortunately, there have been proposals that they should not receive the pay raise that was promised.
In April, Congress authorized a 2.8-percent pay increase for our Nation's air traffic controllers. It should be a priority. Instead, they have only received 1 percent of the 2.8 percent.
This wasn't a mere oversight. It was intentional, and the administration admitted it.
In a recent interview, the FAA Administrator Bryan Bedford was asked what was delaying this payment to the air traffic controllers. He told the reporter the administration needs to "unlock more productivity," and that the data regarding controller productivity is "really, really poor."
I would like to quote Secretary Duffy back to his own Agency head, by saying: "[Controllers] need support [and] they need money. . . . "
We are currently understaffed when it comes to air traffic control. They are working 6 days a week on one of the most stressful jobs. Give them the pay raise that we promised, and do it in a timely fashion.
I yield the floor.
The PRESIDING OFFICER
The Senator from Washington.
Mr. President, I rise today to urge my colleagues to proceed in continuing an important discussion on the Protect College Sports Act.
This historic, sweeping legislation, formed in a bipartisan fashion by my colleagues Senator Schmitt, the Presiding Officer, Senator Coons, Senator Welch, Senator Capito, Senator Hickenlooper, Senator Ricketts, Senator Lujan, Senator Hoeven, and Senator Cruz and myself, is a bipartisan effort to try to bring some reason to the craziness that has basically been plaguing the most important aspects of college sports.
This legislation is historic in the fact that it puts into law 12--more than a dozen, I should say--important provisions that help athletes and protect them for the future.
First and foremost, it recognizes in a Federal law that athletes deserve not only NIL--which is name, image, and likeness--rights and to protect those rights, but athletes deserve to have revenue sharing. This is so critical, and I will expound on it in a while.
It also gives athletes 5 years of eligibility for the first time, which is historic in us giving that at the Federal level.
It requires women to have the same comprehensive standards as men do, when you are talking about championships and playoffs.
It preserves women and in Olympic roster slots that are the large percentage of athletes that we are trying to protect in this bill.
While we are very happy that there is a first Federal law recognizing revenue sharing and recognizing NIL rights, we also have to understand that there are lots of athletes--500,000 athletes--that are part of this ecosystem, and we care a lot about the women in Olympic sports, and we don't want to see those slots cut, which is exactly what has been happening.
It requires college sports to make content available, not behind a paywall. If there is nothing else in this bill that you should vote for, you should show your anger at the fact that your favorite college sport content keeps getting put behind a paywall, and somebody is making you pay for it. This says that that content needs to be available to you regionally, in your local area.
It has a $900,000 authorization for Black colleges to help them and their broadcasting of sports be more competitive for the future.
It has whistleblower protections, including first-time ever whistleblowing protection for title IX.
It grants athletes scholarship and health protections for the 5 years that they are in their college academic environment and for the 5 years after that.
It protects the future of college sports by creating a Commission made up of athletes to talk about how we move forward on issues like collective bargaining, revenue sharing, and making sure that we don't see more cuts.
It basically puts transfer sensibility into law so that it makes sure that we are keeping students focused on academics and education.
It does constrict coaches and where the money for coaches can come from--not from taxpayers--but, instead, making sure that they continue to only receive from endowments or other revenue.
It makes sure that there is transparency in the law because right now the problem with the rising costs in college athletics is not the fact that we were willing to pay athletes because we said: Here, we are enshrining in law for the first time NIL rights and athletes' revenue rights. But what we are not going to put up with is booster backdoors that basically inflate with no rationale for why and where the money is coming from. We are bringing transparency to the system.
We are also saying you can't go back. You can't play in the pros and go back to college. We are not interested in having some 27-year-old pro college player beating up on a 19-year-old who is basically just entering his college academic career.
And, yes, we have regulations on agents, agents who now like to call themselves athlete advocates. It is just a euphemism because what they really want is money. They are taking advantage of high school athletes, making them sign a contract, and then repossessing their cars--this is what Coach Bowles has told us--when they can't get them an NIL deal.
We allow for the prosecution of misrepresentation by agents, by the FTC, and our attorneys general. And we continue to put the language into the bill that makes sure that only legitimate deals recognized in the settlement agreement, based on market value, are recognized so we can bring stability to this situation.
So let me go over this for a second, starting with women and Olympic sports. I became very moved by the story of college and Olympic sports. In fact, I am glad to see Senator McConnell back on the Senate floor because he and I have been having this conversation now for about 3 or 4 years.
He kept saying to me: Maria, what are you going to do to protect women in Olympic sports?
Why? Because when the United States doesn't shine at the Olympics, then guess what. The United States doesn't shine. And I am so proud to represent the State of Washington and to know this historic story of the "Boys in the Boat," who basically fought everything that people threw at them--threw at them, basically rearranging lanes, threw at them all sorts of difficulties. But guess what. Hardscrabble workingmen--including a Jewish coxswain from Montesano, WA--went there and stuck it to Adolf Hitler and what a moment for the United States of America--what a moment, what a statement for our Nation because we participated and we won.
But guess what is happening now. Thousands of those roster spots are being cut. Hundreds of those programs are being cut. I swore I wasn't going to focus on this issue if I ever got into a position on the committee, but when a kid from my State--written up by Eddie Pells from the AP--told the story of how at White Pass, WA, where the Mahre brothers had skied and went on to win gold, all of a sudden a snowboarder from White Pass, WA, couldn't get covered by the Olympic team because there was no revenue. And he went and he snowboarded for Russia, and he won medals. That is when I started paying attention to this issue.
I am not going to have women in Olympic sports undermined by this system. In fact, there is a poll that shows that 87 percent of the public, when polled, what do they care about this issue, 87 percent agree women and Olympic sports need to be preserved because they know that is what is unique by the system.
So we are not going to let runaway boosters, who basically want no rules, and runaway agents, who want to prey on high school kids, decide what is going to happen here.
So we basically are making sure, as I said, that agents have to register. They have to have documentation. They cannot misrepresent themselves. They have to comply with both the FTC and the AG and, obviously, the NCAA.
This, alone, is constricting the unsavory behavior of these people, and they are the primary opposition to this bill. They are because they don't like that we are capping agent fees at 5 percent.
We have to continue to make progress. Let me talk about what we are saying here about the wins in this bill as it relates to the rights of these athletes.
As I said, it is a Federal recognition of NIL rights and revenue sharing, and it will be the first time that Congress, on record, is endorsing both of those.
Now, I know that people think the Supreme Court decided and helped on NIL, but a court decision and a settlement agreement actually moved this along in what is called Grant House v. NCAA. That settlement agreement can disappear. That settlement agreement has had a very rough road over the last year. Many times, the parties have said they are going to pull out of the agreement.
Well, it is very hard, if you have that agreement blow up, to continue to move forward. But if we pass this bill, we will--Congress--be recognizing revenue sharing for athletes.
I can't tell you how much athletes have suffered in the past, starting with athletes who basically were prohibited by the NCAA from even going into the pros--oh, and they didn't have 4 years of college--or a famous case where they said: OK. Well, we will let you have this food for athletes. You can have bagels, but you can't have the cream cheese.
So I do not believe the NCAA is the proper institution to continue to regulate this sector because, yes, I agree with my colleagues who have concern. They haven't proven that they can have just recognition of these rights for athletes, but we can. We can put them into law. We can recognize them, enshrine them today, and make sure these athletes are protected forever--including the rights to not have their contracts screwed with, their rights to not have their school override them, the rights to have any amount of money that some business wants to pay them as long as it is for a valid business purpose.
So these protections--along with the fact that they get a record 5 years of eligibility, 5 years of scholarship, 5 years of healthcare, and then 5 years after that on both of those--it is helping them for the future.
And we are trying to help the poorest institutions meet these requirements--so medical coverage for out-of-pocket costs and helping with a $100 million fund for smaller schools to help with the significant costs that can occur in this legislation--in sports. So this is an important piece of legislation in protecting athletes.
But we also have to protect the cost and the public besides women in Olympic sports. What we are seeing today is a record amount of taxpayer dollars and literally university professors being cut to pay for the unending arms race.
In fact, Rutgers leads the charge, may have had 38 faculty members cut because--and people going to the institution, and they are part of the Big Ten.
The reason the arms race exists is because there are rules on billionaires throwing money into the system without adhering to the settlement agreement. So, yes, our colleagues all work together to recognize the settlement agreements to help make sure that there are fair rules.
I think it would be like saying: OK. Here in the U.S. Senate, let's just have each State say what members of your staff should be paid.
Now, I might like that because in Washington, there are a lot of wealthy people, and I am pretty sure they could say: We could make a lot of money here representing the State of Washington. OK? But some other State--Mississippi--doesn't have a chance.
And so I am going to move to proceed to this bill because I want these rules put in place because sports is about any given Saturday. It is not about whether you have a billionaire in your backyard.
It is about whether you can coach and recruit and develop and maintain and have academic performance and have fairness across the pages and have everybody compete and keep the ecosystem in place.
But that fairness does not exist today without this bill, and people who don't want those rules--don't want those rules in place--to me, are hurting us in our overall efforts.
Now, let me say something about transparency in this bill. This bill creates a public database with itemized information for all revenue sharing and NIL agreements over $600. The additional database will contain information on the total number of agreements, payments, average value of the agreements, payments on the total value of the agreements, payments on each sports program at the school. And, finally, a database will contain information about the revenues and expenditures with each sport at each school as well as the overage hours and academic outcomes for the student-athletes.
So that means this bill will allow the public to see what is going on. This transparency will help us make athletic departments and their spending and this discussion much clearer. I want it to be clear because I am not for cutting university professors and having an arms race.
I want to win the innovation race against China and make sure that we are investing.
I want to thank my colleague Senator Lujan for his important piece of this legislation. There has been a lot of concern about skyrocketing coaches' salaries, and I welcome any amendment that anybody wants to offer on this, but so far no one has offered one that I know of. But Senator Lujan did in committee, and we did implement it.
In 2025, nine football FBS coaches were paid $10 million a year, more than $100 million annually. And at the top of the market, Kirby Smart was listed at roughly $13 million in annual school pay. Ohio State's Ryan Day was at $12.5 million--eight-figure salaries that would have been almost unimaginable a generation ago in college athletics.
If you had a winning team, a lot more people might get notice about your school. You might want to go to that school. I get it. But we cannot have runaway costs on athletics and basically undermine the competitiveness for only the richest schools, in which the richest donors are able to compete.
This bill--thanks to the leadership, as I said, of Senator Lujan--includes a provision that says schools with more than $80 million in athletic revenue cannot pay coaches or managers more than $500,000 unless it comes directly from donations or from the athletic department revenue.
That means you can't take our taxpayer money, which is what people are doing--schools like Connecticut, schools in New Jersey, the Virginia schools, which basically have a record number of tuition costs--literally put on tuition for nonathletes--and basically you cannot do that to pay for exorbitant coaches' salaries.
This bill also addresses the, frankly, outrageous practice of providing a golden parachute for fired coaches and, even if they were fired, cause their teams' loss and loss of games.
In 2025--the sports reporter Ross Dellenger--a total of 15 fired coaches in 2025 was $280 million. That is why we call this the Kiffin rule, to protect college sports.
What this provision does is stop a coach from abandoning one college football team in the middle of a season and start working for another one. This is unacceptable behavior.
So this important legislation is making progress. This 322-percent increase in recruitment costs is not about paying athletes. These athletes deserve revenue. These athletes deserve to have their NIL deals, but we do not need to go blind to either outrageous agent contracts or outrageous boosters trying to distort the market.
If these institutions and the athletes being represented in a settlement agreement can come to terms and make sure that we have rules in place, then we need to enshrine those rules in this legislation and move forward. If we do, our college athletics will be stabilized.
Is this the end of this discussion? No. It is the beginning of how we continue to stabilize this. This bill also includes the future of sports Commission. The future of sports Commission, made up mostly of athletes, will discuss--once we get additional revenue into the system--how we can best protect athletes for the future and think of issues like collective bargaining or other issues that might help us best preserve this important--important--monumental contribution to our Nation.
Let us not destroy the 500,000 athletes in our effort to just make sure that the 1 or 2 percent also get their financial due. Let's put rules in place and pass this important law and make sure of these protections.
I know my colleagues are here, and I do want to emphasize--but maybe I will let them have their moment--how important the health and safety standards being met in this legislation are.
They do allow you to take action. They do allow a State to basically help enforce these health and safety provisions.
I know there's been a lot of people who say something counter to that, but trust me, this legislation is about protecting the athletes. It is about making sure they are not undermined. And it is about making sure that we move forward on legislation instead of ignoring a problem that is sucking revenue right out of our institutions that should be going for cheaper tuition and should be going to keeping our most skilled academic leaders to help our Nation be competitive.
I yield the floor.
The PRESIDING OFFICER (Mr. Schmitt)
The Senator from New Jersey
Mr. President, I came down here to talk about AI. But before I give those remarks, I cannot let the comments that were just made on the floor go unrebutted point by point.
I have utter frustration. There are a few things in this bill that are worthy of trumpeting. But to be on this floor and say all of this, that this is about protecting athletes, I ask one simple question, Why isn't one athlete group in this country, not one of the groups that represents athletes, trumpeting the greatness of this bill?
They all know this bill undermines their rights, undermines their collective bargaining, undermines their health and safety, creates an unequal playing field for them relative to the other money interests in this bill, including the coaches.
I came down here to speak about AI, which I will do in a moment, but I need to get more into the specifics because it is outrageous to come down and talk about a bill being good for athletes when athletes themselves all over this country, every organization that represents them, condemn this bill. And it is not just the athletes; it is the parents of athletes that have died because of the NCAA and what they are doing.
Kids that have died of heatstroke. Kids that have been crippled by injuries. Their parents collectively have written letters to this body: Don't let this bill pass.
But let me get to specifics. One, this healthcare fund. There is in this bill this idea that even 5 years of healthcare after your playing years, and a fund set up of roughly $100 million. But you know that there are tens and tens--hundreds of thousands of college athletes, many of them have crippling injuries, a fund like that is inadequate for their healthcare needs. Put that relative to what professional sports do, and you will see that it is shortchanging athletes' well-being.
On this idea, secondly, that this bill somehow enshrines NIL rights, this body did nothing for generations while name and likeness was being stolen from players. Players were being exploited. This body did nothing.
But as soon as athletes start winning in court, their NIL rights--suddenly Congress swoops in and is saying that we are saving their NIL rights? That is a lie.
The reality is, they don't need Congress' beneficent actions to give them NIL rights. They have earned them in the courts. What this bill actually does is, it takes away rights for them to legally challenge anything that the cartel of the NCAA does. That is why the AAJ--the trial lawyers--are against this because it undermines their ability to win more court cases in the future.
Other things that are not true being said--this outrageous claim that this is somehow protecting women's sports. Well, then why didn't they permanently enshrine protections of women's sports in Olympic sports? Why in section 125 do those protections expire, 4 or 9 years down the line? Why?
You are giving permanent antitrust exemptions to one of the most notorious monopolistic cartel organizations that has actually hurt women athletes, and you are allowing the protections for Olympic sports and the protections for women athletes to expire. Make them permanent then, if you are caring about that.
But you are giving permanent protections? Permanent antitrust exemptions? That is outrageous.
This idea that you are protecting women's sports, to me it falls flat when you read section 125 of this bill.
This bill talks about what it is doing for Black colleges. There is nothing more insulting to me, as someone who has fought for HBCUs. This bill--don't be fooled--doesn't put a dollar into HBCUs. It authorizes money. I have been in the Senate for 13 years. I have seen authorizations happen but no money go to those institutions.
If this was real, that HBCUs were going to benefit, appropriate the money. Don't dangle out millions of dollars and say "Get on board on this bill" and then be left in a situation where folks aren't getting those resources.
Let me say next, this transfer sensibility. That is the quote I heard. This brings transfer sensibility. Well, I will tell you this right now. If transfer sensibility is so important for players, why isn't there transfer sensibility for the coaches? How can you allow coaches to come in a year to a school, lure athletes to their teams, they have success based upon athletes' performance, and then they can go and get the next high-paying job?
This is the extraordinary problem with this bill, that it has one standard for players and another standard for coaches.
And this idea that this bill somehow prevents a race to the bottom. Well, you all know that there are about 15 coaches that have over--almost a $250 million buyout provision. And I have heard on the floor now that somehow this is going to stop the race at the bottom. It doesn't do anything for private institutions. From Notre Dame to Stanford, it doesn't touch the race to the bottom there.
It doesn't touch the race to the bottom for facilities. I was a college athlete. It doesn't stop schools from rolling out greater facilities. Where is the equality in this bill that is so-called helping college athletes where every college athlete organization is against it?
Let me give you another example. This idea of disclosure requirements on athletes for their NIL deals and the like.
Why aren't there disclosure requirements on coaches? This bill puts redtape between athletes and their opportunities to make money, but doesn't put the same redtape between coaches. Somehow, we need transparency with athletes, but it is not with coaches. Coaches don't have disclosure requirements.
Why are you treating that elite class differently than you are treating athletes? That is not true.
I can go on and on and on, and I will. I will come back to this floor. I will do interviews. I am going to make sure people know the facts about this bill.
Because when this bill passes, and Donald Trump and Ted Cruz and others get what they want, athletes are going to be out of luck. And when 4 or 9 years pass and Olympic sports are being cut and women's sports are being cut, a lot of people in here are going to forget the shortcomings of this bill, but I will not, and nor will athletes.
This bill is a threat to college sports. It is a threat to college athletes. That is why every major organization is against it. I have more details. I will come down here and read paragraphs of this bill. I will do everything possible to put on the Congressional Record why this is a betrayal of college athletes, their safety, and their well-being.
And I am not saying there are not good things in this bill. I am not saying there are not things that have been incorporated that are important. But time and time again, it comes up short. A better deal for the universities. A better deal for the wealthy. A better deal for coaches. But athletes? They get the short end of this.
And that is why folks are out here doing everything they can. Athletes' groups, civil rights groups, trial lawyers, so many are saying: This is wrong. We can do better.
Why are we rushing to this bill when the No. 1 issue in America right now is rising costs? Rushing to this bill, 47 days before an election, makes no sense to me.
Why college athletes have not been involved with this, or their organizations, makes no sense.
I would like, in the record, that my now remarks on AI be separated from these reactionary remarks to the stuff that is being said that doesn't hold true with the text of the actual bill.
The PRESIDING OFFICER
Without objection, it is so ordered.
Thank you.
And before I go, if there is anybody on the floor, I will pause for a question on this issue. If anyone wants to do a colloquy, I will.
Thank you. This is what the Senate should be about.
Thank you so much. I did not want to interrupt your speech, and I certainly appreciate your--Mr. President--
Mr. President, I just want to remind that I paused for a question, not a speech.
Mr. President--
The PRESIDING OFFICER
The Senator from Washington.
I did not yield the floor. I am pausing for a question.
Thank you, Mr. President. I did not want to interrupt the Senator from New Jersey because I do respect his work and passion on this issue. And I do respect that he was an athlete who had various experiences himself.
For the last 5 years, I have done nothing but to try to work on this. But I did want to point out that we are, in this, recognizing revenue sharing, which is different. So I just wanted to understand if the Senator understood that point.
Revenue sharing is not recognized in Federal law. It is not. Revenue sharing has only been part of a settlement agreement. But we are taking that settlement agreement and agreeing with it and putting that into law.
Senator, is there a question here?
Yes.
Because the settlement agreement could expire, I am asking the Senator if he recognizes that us putting revenue sharing--the rights for an athlete to have a percentage of media, ticket sales, and sponsorship--is an important investment.
I would like to answer the Senator's question.
Thank you.
She is talking about enshrining in law this idea of revenue sharing. Time and time again, even to the Supreme Court, when conservative Justices joined with Justices appointed by Democrats, they have affirmed college athletes' power. They have gotten power through the courts. What this does is it heads off their legal abilities by enshrining these laws.
"Let it play out in the courts" is what every athlete organization is saying. Why are you trying to suddenly be concerned about college athletes and enshrine things that we are winning in court case after court case. This is the hypocrisy here.
For years and years and years, I have watched my own image on Madden's video game--my own image--and never got paid for that. And now athletes bring it to the courts and win, time and time again?
And now my colleague says: Oh, we want to rush and help athletes.
That is why the colleges and wealthy donors are really excited about this bill. It is because it is going to make sure that the future lawsuits are cut off, that they have all the antitrust exemptions.
Why do you think you see that the trial lawyers organizations and others who have been representing college athletes in getting them some modicum of justice are not in favor of this bill? That is rich.
We don't need your help. Athletes groups don't need your help. They don't want it. They haven't asked for it. But yet, somehow, you think you are helping them, but who you are helping are the wealthy colleges.
Are there any other questions before I move on to my remarks about AI?
Again, I appreciate the Senator from New Jersey's passion about this issue. As he knows, he and I have worked on this for more than 5 years, and since he has testified before the committee, I know he knows that this is not something that has just come up. And since he and I have put up a bill that was 75 percent of what this bill is, I know that he also knows there are good things in here.
But I would say to my colleague--
I would respectfully say that I yielded for a question.
I am asking a question.
I would respectfully say to my colleague, without the $2.8 billion record revenue-sharing agreement in what is called Grant House v. NCAA, there would not be revenue sharing. The Court has not recognized revenue sharing. If you read the decision by Kavanaugh, Kavanaugh said Congress can decide these are not employees and they do not deserve revenue. Kavanaugh's decision on NIL basically says: Congress, you can come back and say they don't deserve a damn thing.
A settlement agreement by injured athletes basically got that right, but that settlement agreement is tedious and could fall apart. Our recognizing that money and recognizing the revenue-sharing rights is a historic first. So I don't know if you understand that $2.8 billion on behalf of athletes won in a settlement agreement is not a permanent right, but it will be after we pass this law.
So if that is the question, do I recognize the court case--
It is not a court case. It is a settlement agreement.
A settlement agreement.
We are inserting ourselves between the parties to say that we know what is better than athletes being able to negotiate for themselves.
You see, I paused for a question because I thought my colleague was going to try to stand up and defend section 125 because she spoke very passionately, my colleague, about protecting women's sports. Well, again, the simple question is, Why do things that protect Olympic and women's sports expire? Why does that expire and not the permanent antitrust exemptions we are giving a cartel--a monopolistic organization--that is violating the rights of women consistently? That is indefensible.
The PRESIDING OFFICER (Mr. Sheehy)
The Senator from Washington.
Mr. President, is the Senator from New Jersey aware that--
I will yield for a question.
Is he aware that the U.S. Olympic Committee supports this legislation, as do many, many athlete groups? So he is wrong in saying there are no athlete groups, because there are many that do.
If that is the Senator's question, I am going to simply say again that I have so much respect for my colleague.
I have respect for the Senator as well.
She has worked so hard on this bill, and she has worked so hard. I don't think it is done yet. I think she would admit that there are things that we can improve. She is an extraordinary legislator, and I am sure she would admit that this bill isn't perfect and that more can be done, especially on the equity and treatment of athletes over coaches. I am sure she would say that because she said it to me. This is an extraordinary legislator on the Democratic side who has been leading this. I have reverence and respect for her.
I played college football. I talk to college football players all the time. I go back and talk to college football teams. I am very involved in the space. I wouldn't be here if it weren't for being a High School All-American who got an unbelievable shot at a full scholarship at Stanford.
What doesn't seem to be understood by folks is that athletes right now all across this country and their organizations are begging for this bill not to pass.
What we are doing here in Congress is truly exemplary. We are giving a permanent antitrust exemption that, as conservative Justices have said, is not seen in other areas of enterprise in the United States of America--rarely seen--and we are giving few rights to athletes but that of "Oh, you can sue." Well, as a guy who played and who was competing for a starting tight end position, am I going to sue my school?
I have seen all of these posts by athletes saying: You have got to be kidding me. My coaches tell me to play injured. I do that. I don't sue them, when they are clearly not concerned about my well-being.
Athletes have been winning in court, and now we are coming in and taking away their leverage, their bargaining power. We are settling issues that are still open. Hey, I would actually respect it if they said "You know what, we are going to give a 10-year antitrust exemption and come back and revisit this," but, no, they are giving it permanently.
Nobody can justify to me--nobody can--as to why college coaches don't get the exact same treatment in this bill as people who are playing on the field; why they can transfer willy-nilly; why they don't have to disclose all of their side's endorsement deals. Why are you treating the college kids differently than you are treating the coaches if it is all about the money?
I am going to come down more and talk. I didn't intend to do that today. I would like to move to a separate place in the record and talk about why, with urgency, I came down here. But as a guy who played ball, I can't let this go without putting as much as I can on the Record. I was planning on coming down here, and I will. I will read sections of the bill and talk about why they are so outrageous, but let me get on with my remarks, separating them in the Record.
Here we go.
Mr. President, article II, section 3 of the Constitution gives the President power, on "extraordinary occasions," to convene both Houses of Congress. The last time a President used that power was Harry Truman in 1948--78 years ago.
We find ourselves in such an extraordinary moment. We find ourselves in a moment that demands this kind of action. The safety of artificial intelligence systems demands urgent attention. The President should immediately convene Congress to address it. This is not a moment for panic or despair; it is a moment for government to govern, to protect the American people, and to prepare soberly for risks before they become crises.
Presidents have invoked this authority at moments when the stakes were extraordinarily high--from the earliest days of the Republic through periods of war, economic crisis, and national emergency. That is the purpose of this power that is spelled out in the Constitution: to bring Congress together when circumstances demand it and to give the country the full attention of its elected government.
Congress will soon leave Washington for 2 months. Artificial intelligence will not recess. The technology will continue to advance, the risks will continue to evolve, and the consequences of getting this wrong will not wait for Congress to return. This should stand above petty partisanship. It should be about one thing--putting the safety and security of the American people first.
I want to focus on three challenges, the three challenges before us now.
First, we must protect against potentially catastrophic harms.
Serious people, including the researchers and leaders inside the companies developing the most advanced AI, are warning about dangerous biological or cyber capabilities and the emergence of systems that behave in ways humans cannot reliably predict or control.
We do not know whether the most catastrophic scenarios will ever occur, but when credible experts warn of consequences, this grave, responsible government does not panic, but it does not dismiss them either; it goes to work.
Second, we must confront the harms happening right now.
Americans are already encountering AI through increasingly sophisticated scams targeting seniors and families, mass surveillance, threats to privacy, disruption in the workplace, and systems that can affect the prices people pay. The future risks of AI demand our attention, but so do the people being harmed by it today.
Third and final, we must seize the extraordinary possibilities this technology offers.
AI could help scientists discover lifesaving drugs, detect diseases earlier, accelerate scientific breakthroughs, transform education, increase the productivity of American workers, help small businesses compete, and give millions of people access to capabilities that were once available only to those with wealth and power, but none of these positive outcomes are possible without action by the government to make sure AI is safe, trusted by people, and that its benefits are broadly shared.
AI cannot become another chapter in an old story where extraordinary new technologies create extraordinary new wealth and power for a small number of people while working Americans are asked to absorb the disruption, bear the costs, and wait patiently for the benefits to reach them.
I have been calling for safety interventions for years. In July 2023, I wrote to the White House about the future of AI and what we should do as a country to prepare for it. It was clear to me then that we were seeing the early sparks of a technology that could have profound effects on our society, our economy, and our security.
Back then, I advocated for rigorous predeployment testing of advanced models, independent evaluations and audits, incident reporting and investigation, supply chain security, international coordination, and the need for a careful and disciplined approach to the pace of AI development.
I think, in addition, which I talked about, we should establish whistleblower protections for lab employees, strengthen requirements for securing frontier model weights, establish a National Transportation Safety Board-like entity for investigating AI incidents, prepare for the potential emergence of AI systems capable of autonomously improving themselves, preserve States' ability to protect their own people in the absence of meaningful Federal standards, reject antitrust exemptions that hurt customers and competition, and, yes, put the brakes on the development of capabilities whose risks outrun our ability to manage them.
Look, Americans feel beat down right now--forgotten--and that feeling is justified. Prices are up for rent, food, utilities. Hiring is flat. We have a government that moves too slowly to deliver what people need and corruption that moves too fast to protect the people. And now Americans are seeing multitrillion-dollar firms building technology that they say will exceed humans at all cognitive and physical tasks. Their anxiety is warranted, and it cannot be set aside. It cannot be dismissed like Donald Trump is doing in calling it a hoax. Americans are demanding that we act. They are demanding leadership. And we must deliver.
We have a rare convergence of early warning signs, practical options that are available, and a growing consensus for action, including among the American people, who understand what is at stake and are rightfully demanding that policymakers stand up.
In my letter to the White House more than 3 years ago, I closed by emphasizing the importance of human agency, our collective responsibility to decide what role this technology should play in our lives rather than letting the technology or its developers decide for us. That profound responsibility remains ours today.
I will always be a prisoner of hope. I will never let despair have the last word. I know how technology can lift people up. I have lived it. My dad came from humble beginnings and became one of IBM's top salesmen. But we will only unlock the promise of this technology if it is done in a democratic fashion wherein the people decide, not tech billionaires or trillionaires and not Donald Trump.
And it is ridiculous that the House of Representatives decided to pack up and leave town. Again, AI will not recess.
These issues demand our urgent attention. It is time for a special session of Congress. The time is now.
The PRESIDING OFFICER (Mr. Hagerty)
The question is on agreeing to the motion to proceed.
I ask for the yeas and nays.
The PRESIDING OFFICER
Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll. The legislative clerk called the roll.
The following Senator is necessarily absent: the Senator from Kansas (Mr. Moran).
The result was announced--yeas 77, nays 22, as follows:
Text printed in the Record (784 characters)
Armstrong Baldwin Banks Barrasso Bennet Blackburn Boozman Britt Budd Cantwell Capito Cassidy Collins Coons Cornyn Cortez Masto Cotton Cramer Crapo Cruz Curtis Daines Ernst Fetterman Fischer Gallego Graham Grassley Hagerty Hassan Hawley Heinrich Hickenlooper Hirono Hoeven Husted Hyde-Smith Johnson Justice Kennedy King Klobuchar Lankford Lee Lujan Lummis Marshall McConnell McCormick Moreno Murkowski Murray Ossoff Padilla Peters Reed Ricketts Risch Rosen Rounds Schatz Schmitt Schumer Scott (SC) Shaheen Sheehy Slotkin Smith Sullivan Thune Tillis Tuberville Warner Welch Wicker Wyden Young
Alsobrooks Blumenthal Blunt Rochester Booker Duckworth Durbin Gillibrand Kaine Kelly Kim Markey Merkley Moody Murphy Paul Sanders
Schiff Scott (FL) Van Hollen Warnock Warren Whitehouse
Moran
The motion was agreed to.
The PRESIDING OFFICER (Mr. Husted)
On this vote, the yeas are 77, the nays are 22. The motion is agreed.
The motion was agreed to.
EXECUTIVE CALENDAR (Executive Session)
Page S4774 · Official textThe PRESIDING OFFICER
Under the previous order, the Senate will proceed to executive session.
The clerk will report the pending nomination. The senior assistant legislative clerk read the nomination of Kasdin Miller Mitchell, of Texas, to be United States District Judge for the Northern District of Texas.
Cloture Motion (Executive Session)
Page S4774 · Official textThe PRESIDING OFFICER
Pursuant to rule XXII, the Chair lays before the Senate the pending cloture motion, which the clerk will state.
The senior assistant legislative clerk read as follows:
Text printed in the Record (2,271 characters)
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the nomination
of Executive Calendar No. 830, Kasdin Miller Mitchell, of
Texas, to be United States District Judge for the Northern
District of Texas.
John Thune, Tim Sheehy, John Barrasso, Pete Ricketts,
Thom Tillis, Rick Scott of Florida, John Cornyn, Steve
Daines, Bernie Moreno, John R. Curtis, Chuck Grassley,
Jim Banks, Mike Crapo, James Lankford, Kevin Cramer,
Mike Rounds, Ted Budd.
The PRESIDING OFFICER. Under the previous order, the mandatory quorum call under rule XXII has been waived.
The question is, Is it the sense of the Senate that debate on the nomination of Kasdin Miller Mitchell, of Texas, to be United States District Judge for the Northern District of Texas, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The bill clerk called the roll.
Mr. BARRASSO. The following Senators are necessarily absent: the Senator from Tennessee (Mr. Hagerty), the Senator from Kentucky (Mr. McConnell), the Senator from Kansas (Mr. Moran), and the Senator from Alabama (Mr. Tuberville).
The yeas and nays resulted--yeas 49, nays 47, as follows:
Armstrong Banks Barrasso Blackburn Boozman Britt Budd Capito Cassidy Collins Cornyn Cotton Cramer Crapo Cruz Curtis Daines Ernst Fischer Graham Grassley Hawley Hoeven Husted Hyde-Smith Johnson Justice Kennedy Lankford Lee Lummis Marshall McCormick Moody Moreno Murkowski Paul Ricketts Risch Rounds Schmitt Scott (FL) Scott (SC) Sheehy Sullivan Thune Tillis Wicker Young
Alsobrooks Baldwin Bennet Blumenthal Blunt Rochester Booker Cantwell Coons Cortez Masto Duckworth Durbin Fetterman Gallego Gillibrand Hassan Heinrich Hickenlooper Hirono Kaine Kelly Kim King Klobuchar Lujan Markey Merkley Murphy Murray Ossoff Padilla Peters Reed Rosen Sanders Schatz Schiff Schumer Shaheen Slotkin Smith Van Hollen Warner Warnock Warren Welch Whitehouse Wyden
Hagerty McConnell Moran
Tuberville
The PRESIDING OFFICER (Mr. Moreno). On this vote, the yeas are 49, the nays are 47. The motion is agreed to.
The motion was agreed to.
The PRESIDING OFFICER. I recognize the Senator from Florida.
Constitution Day (Executive Session)
Pages S4774–S4775 · Official textMr. President, today is Constitution Day. Two hundred thirty nine years ago, our Founders signed the Constitution of this United States. Every Senator in this room has taken an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic. And every one of us swore that oath. I did it at the same time as Senator Husted, who is on the floor today.
Our Founders understood the danger of concentrated power; they had just fought a revolution against it. And they understood something about human nature: Power will always want more power.
So they put limits on it. They divided power among three branches. They built in checks and balances. They preserved the authority of the States. And with the Bill of Rights, they made one thing unmistakably clear: There are some places government simply cannot go. Government cannot silence you because it doesn't like what you say. Government cannot take away your right to keep and bear arms. It cannot search your home whenever it pleases. It cannot take away your liberty without due process. These aren't suggestions. They are hard limits on government power.
Yet today there is a growing movement on the left that treats safeguards within our Constitution as obstacles to overcome. You don't like a decision from the Supreme Court? Pack the Court, add Justices until you get the decisions you want. You don't like the laws of the people that are enacted through their representatives? Just have an Executive, a rogue prosecutor, refuse to enforce the people's laws. Don't like what Americans are saying? Pressure private companies to silence them and call it fighting misinformation.
Again and again, we will see the same pattern when constitutional guardrails stand between you and what you want: Simply move the guardrails. And that is dangerous. It is the greatest threat to a constitutional republic.
The greatest threat to a constitutional republic is not disagreement. It is the belief that your cause is so important that the Constitution should get out of your way.
And today we are seeing something even more fundamental: this movement that I referenced to dismantle the institution the Constitution created. Right now, democratic socialists are calling for a far-reaching change to the very foundation of American Government, our Constitution. They want to abolish the Supreme Court, replace the Presidency, abolish the electoral college.
And at some point, we have to admit this stops being an argument about policy. It becomes an argument about the very foundation of this country, the United States of America. It becomes an attack on the Constitution that we all swore an oath to protect and defend because when you start dismantling institutions designed to keep power in check, the next question has to be: Who keeps power in check then?
I have had the rare opportunity to see the balance of power, the separation of power, from all three branches now. I have served as a Federal prosecutor; I have served as an attorney general in the great "Free State of Florida"; I have served as a judge for over a decade; and now I serve on behalf of the people, making their laws in the legislative branch.
I have seen firsthand why the Founders drew those lines and why we must protect them. And that brings me back to our oath to support and defend the Constitution of the United States against all enemies, foreign and domestic.
We know what a foreign enemy looks like. But a threat to our constitutional system doesn't have to come from beyond our shores. It can come from within the very institutions the Constitution created. And what happens when those that have sworn the oath to protect and defend the Constitution, what happens when they themselves start advocating to dismantle it?
Right now, we have Members of Congress that have sworn to protect the Constitution, but they are coming out and supporting organizations and policies and advocacies that would attack and dismantle the things that protect people's rights.
An oath means the most when keeping it becomes inconvenient. Just ask the officers, the deputies in my home county of Hillsborough County, who took the oath to protect and serve and went into live fire in order to do their jobs and uphold their oath.
Justice Clarence Thomas recently described the challenge this way:
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It is that devotion that we are missing today and that we must find in our hearts if this Nation is to endure.
This year, America celebrates 250 years since declaring our independence. The Declaration of Independence announced the promise of America. The Constitution gave us the system to protect it.
Our job is not to move its guardrails when they become inconvenient. Our job is to defend them because our enemies do not have to defeat America on a battlefield if we are willing to tear down from within the institution and principles that have sustained this Nation for 250 years.
So, today, on Constitution Day, let us remember the oath that each one of us took to support the Constitution, to defend the Constitution against all enemies, foreign and domestic. Let's remember our duty and carry it out faithfully.
Thank you, Mr. President.
I yield the floor.
The PRESIDING OFFICER
The Senator from Ohio.
Mr. President, I ask unanimous consent to speak for up to 10 minutes, prior to the scheduled rollcall vote, for myself and Senator Heinrich.
The PRESIDING OFFICER
Without objection, it is so ordered.
Unanimous Consent Requests (Executive Session)
Pages S4775–S4776 · Official textMr. President, America is expected to build the equivalent of 1,000 major data centers during the next 5 years. You heard that correctly--a thousand data centers within the next 5 years, with more than 2,000 projects currently being proposed and tracked. We need to protect American ratepayers from footing the bill.
The clock is ticking, and we have no time for delay. Americans are becoming ever more reliant on computing power from data centers for their daily lives--from medicine to manufacturing, education to agriculture, and national defense to the way we deliver basic services. Data centers are used not just for AI. They support almost every aspect of modern life, including online shopping, streaming videos, social media, and the broadcast of this very debate.
To meet these consumer demands, Americans need an ample supply of electricity. This problem has been exacerbated by the fact that, due to Federal regulations over the past two decades, powerplants have been closed, decreasing the supply of electricity. Congress failed to stop this action. During the Obama and Biden years alone, 23 powerplants were closed in the State of Ohio, creating a supply-and-demand problem that drove up prices on consumers.
So, as we look to build the future, we must follow some basic principles of fairness.
The companies creating enormous new demands for electricity should pay the costs required to serve them--pretty simple. Working families, small businesses, and senior citizens should not open up their electric bills and discover they are paying for the power infrastructure needed by some large tech company in the world or in their neighborhood.
That is the principle behind the Ratepayer Protection Act.
When a very large electricity customer, such as a data center, connects to the grid, it requires investments in new generation, transmission lines, substations, and local distribution systems. The Ratepayer Protection Act would require State utility regulators to consider standards, ensuring that large load customers pay the full--full--incremental costs of the infrastructure needed to serve it. Those standards could also require financial assurances so that families are not left paying for stranded infrastructure if the project is delayed, downsized, or abandoned. In plain language, if you create the cost, you should pay the cost.
This is not anti-technology legislation. It is pro-growth and pro-innovation. Mostly, it is procurement legislation. In fact, protecting ratepayers will make it easier, not harder, for America to build the technology infrastructure we need. Americans are understandably concerned about rising electric bills. If they believe every new data center will make their monthly bills go up, public opposition will grow, communities will reject plans, construction will slow, and China will gain ground.
The better approach is to establish clear rules from the beginning. Data centers should only be located where communities want them. They can bring billions of dollars in private investment; in construction work for electricians, pipefitters, equipment operators, and other skilled trades; as well as in revenue for schools and local services. But those benefits should not come with a hidden charge of electric bills for families, farmers, and small businesses.
When companies know up front that they will be responsible for their own energy costs, they can plan accordingly. That approach encourages innovation. It rewards those who find the most efficient ways to operate. It also creates an incentive to build more American energy in the most efficient manner possible. When energy supply adequately meets demand, it helps put down pressure on prices for consumers. It helps people save money; that is what it does. They keep more of their paychecks for what they need to spend for their priorities.
Providing modern benefits from innovation does not require us to choose between technological leadership and affordable electricity. We can do both. We can do both. We can build the computing capacity America needs, and we can produce the reliable energy it requires. We can protect families and small businesses from unfair costs.
The Ratepayer Protection Act rests on a principle every American understands: Pay your own way. This is how we make sure American families are not left footing the bill for the energy infrastructure required by data centers. Most importantly, it will help the American people keep more of what they earn.
So this brings me to this moment:
Yesterday, this bill passed the House of Representatives by a nearly unanimous vote of 417 to 3. That is right--417 Members of the U.S. House of Representatives voted to pass this bill, with only 3 objections. So the Members of the House did their jobs; they stood up for the American ratepayer. It is time for the Senate to do the same.
In a few moments, I am going to ask my colleagues in the Senate to support the Ratepayer Protection Act. Together, we can send this bill to the President's desk for his signature. The Ratepayer Protection Act represents the most meaningful, bipartisan step Congress can take to protect the American people from higher prices for electricity. I am here today because we can get this done. The House has already done it. The House has done its job. There is no need to wait and no need to delay.
If we get it done today, we say to the American people: We actually care. We heard you. We are going to get the job done.
It demonstrates Washington can work in a bipartisan way to address the problems that are most pressing to the American people. I am proud to have led this effort in the U.S. Senate, and I am going to urge unanimous consent for this commonsense bill.
Mr. President, as if in legislative session and notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 9340, which is at the desk; further, that the bill be considered read a third time and passed, and that the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER (Mr. Cramer)
Is there an objection?
The Senator from New Mexico.
Mr. President, reserving the right to object, the Senator from Ohio and I agree on one thing: AI data centers can mean higher costs for American families, and in a lot of places, they already do.
The Federal Reserve Bank of Dallas found that data center demand has already pushed electricity prices across the Nation up by 2 to 6 percent--a number that they expect to increase to 20 to 30 percent by 2028. In the Mid-Atlantic region, that means an extra $840 per year, per family, for the next 2 years--840 bucks. We expect to see increases like this across the country as more AI data centers come online, but the Ratepayer Protection Act falls short of what we need to do to respond.
When I open my mail and unfold my electricity bill and read how much I owe for the month, it doesn't say that I may pay that amount. It doesn't say that I should pay that amount. It is not optional. Just like every other bill-paying American family out there, I open that bill, and I have to pay it. The same needs to be true for AI data centers. If hyperscalers and other Big Tech developers need expensive new facilities and more energy, they should pay for it, not our hard-working families and small businesses.
I think the Senator from Ohio and I agree on that principle, and plenty of Big Tech companies have said that that is their plan. But I don't think it is enough to just take their word for it. It is not enough for us to tell States to consider making data centers pay for grid updates. Rather than voluntary pledges or suggestions to States, Congress needs to pass real legislation with real teeth.
That is why I introduced the GRID Savings Act--not a voluntary agreement--to require large load customers like data centers to pay for the facilities needed to connect them to the grid--not to consider it, not to make pledges, but to actually do it; to pay for the upgrades they need. That way, we can ensure reliable, low-cost energy to power everyday lives. My bill is what is needed to start to bring down energy prices.
We also need to do more to get data centers to actually engage with communities from the beginning to the very end. We need to conserve local resources, especially water. And we need to protect communities from air pollution by using clean energy and battery storage. But we are not going to get there with the bill that the Senator from Ohio has proposed.
Therefore, I object.
The PRESIDING OFFICER
The objection is heard.
The Senator from New Mexico.
Mr. President, as if in legislative session and notwithstanding rule XXII, I ask unanimous consent that the Committee on Energy and Natural Resources be discharged from further consideration of S. 5199, the GRID Savings Act, and that the Senate proceed to its immediate consideration; further, that the bill be considered read a third time and passed, and that the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER
Is there an objection?
The Senator from Ohio.
Mr. President, reserving my right to object, I just want to make it crystal clear for everybody as to what just happened.
If we had passed my colleague from Ohio's bill--the one he spent an enormous amount of time writing, the bill that he spent enormous time in lobbying support for from the House of Representatives--all we had to do was not have an objection from a Democrat Senator. That bill would have become law today, and taxpayers all over America and electricity users all over this country would have seen immediate relief. We would have advanced the ball.
The term "do-nothing Congress" exists for a reason. We absolutely accomplished that right now. We did nothing here in the Senate because of, again, Democrat obstruction. This bill would have done something. That is not nothing.
So I applaud my colleague from Ohio for putting the work in and for having a massive, bipartisan win.
By the way, just on policy alone in comparing the two solutions, the last thing we need is a new Federal interconnection queue to make Google pay for a transformer. My colleague from Ohio's bill would have actually required a deposit before steel is put in the ground for a new data center. The other would have required a FERC NOPR. Look that up. It is a bunch of bureaucratic nonsense.
What you saw now is just, over and over again, Democrat obstruction after Democrat obstruction so they can just put up another TV ad saying that electricity prices are high so that they can win an election. Instead, the victim of all of this is the taxpayer of the United States of America, who is going to see electricity prices continue to go up, when we could have passed a law to have solved it. Instead, it is more games after more games. Like the American people, I am sick of it, and I know they are.
For that reason, I object.
The PRESIDING OFFICER
The objection is heard.
The Senator from Ohio.
Mr. President, I ask unanimous consent to speak for an additional 1 minute.
The PRESIDING OFFICER
Is there an objection?
Without objection, it is so ordered.
Mr. President, I would just say this: I accept the Senator from New Mexico's concerns, but the reason I am proposing that we pass this piece of legislation is that it passed the House, 417 to 3. If the Senator from New Mexico's provision had passed the House 417 to 3, he would have had every right to stand up and ask that we do this.
Before we leave here, we ought to do something on a matter that the American people have asked us to do something about, and we have the opportunity to do that with the Ratepayer Protection Act. It is a shame that this opportunity has been missed today, but I will be back to push this issue forward. We have a bipartisan opportunity to get this done, and we should do it immediately.
Nomination of Kasdin Miller Mitchell (Executive Session)
Page S4776 · Official textMr. President, today, the Senate will vote to confirm Kasdin Mitchell to the U.S. District Court for the Northern District of Texas.
Ms. Mitchell's record demonstrates that she prioritizes corporate interests over people. In private practice, she has represented Big Tech companies and industrial polluters. She also represented the New York State Rifle & Pistol Association in the 2022 Supreme Court case New York State Rifle & Pistol Association v. Bruen, which led to gun safety laws across the country being struck down.
Ms. Mitchell previously litigated against reproductive rights, and she argued for gutting the Voting Rights Act in a brief she submitted in Shelby County v. Holder. In addition to her professional record, she has strong ties to the Federalist Society and other rightwing organizations.
I oppose her nomination and ask my colleagues to join me.
Vote on Mitchell Nomination (Executive Session)
Pages S4776–S4777 · Official textThe PRESIDING OFFICER (Mr. Moreno)
The question is, Will the Senate advise and consent to the Mitchell nomination?
Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER
Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll. The senior assistant legislative clerk called the roll.
The following Senators are necessarily absent: the Senator from Kansas (Mr. Marshall), the Senator from Kentucky (Mr. McConnell), the Senator from Kansas (Mr. Moran), and the Senator from Alabama (Mr. Tuberville).
I announce that the Senator from New Hampshire (Mrs. Shaheen) and the Senator from Maryland (Mr. Van Hollen), are necessarily absent.
The result was announced--yeas 49, nays 45, as follows:
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Armstrong Banks Barrasso Blackburn Boozman Britt Budd Capito Cassidy Collins Cornyn Cotton Cramer Crapo Cruz Curtis Daines Ernst Fischer Graham Grassley Hagerty Hawley Hoeven Husted Hyde-Smith Johnson Justice Kennedy Lankford Lee Lummis McCormick Moody Moreno Murkowski Paul Ricketts Risch Rounds Schmitt Scott (FL) Scott (SC) Sheehy Sullivan Thune Tillis Wicker Young
Alsobrooks Baldwin Bennet Blumenthal Blunt Rochester Booker Cantwell Coons Cortez Masto Duckworth Durbin Fetterman Gallego Gillibrand Hassan Heinrich Hickenlooper Hirono Kaine Kelly Kim King Klobuchar Lujan Markey Merkley Murphy Murray Ossoff Padilla Peters Reed Rosen Sanders Schatz Schiff Schumer Slotkin Smith Warner Warnock Warren Welch Whitehouse Wyden
Marshall McConnell Moran Shaheen Tuberville Van Hollen
The nomination was confirmed.
The PRESIDING OFFICER (Ms. GRAHAM)
The yeas are 49, the nays are 45.
The nomination was confirmed.
The PRESIDING OFFICER
Under the previous order, the motion to reconsider is considered made and laid upon the table, and the President will be immediately notified of the Senate's action.
Legislative Session
Pages S4777–S4788 · Official textThe PRESIDING OFFICER
Under the previous order, the Senate will resume legislative session.
Cloture having been invoked, the clerk will report the bill.
The senior assistant legislative clerk read the bill as follows:
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A 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 had been reported from the Committee on Commerce, Science, and Transportation with an amendment to strike all after the enacting clause and insert the part printed in italic, as follows:
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. Extension of the revenue share cap. 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. 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 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 is--
(A) known, or should have been known, to exist for or act for the benefit of, in coordination with, or at the direction of an institution to promote or support an institution's athletics program or student athletes, including by creating or identifying name, image, and likeness compensation opportunities for an institution's student athletes;
(B) an individual or entity that is or was a member, employee, director, officer, owner, or agent of an individual or entity described in subparagraph (A);
(C) an individual or entity that directly or indirectly (including contributions by an affiliated entity, individual, or family member) has contributed more than $50,000 over their lifetime to a particular institution or to an individual or entity described in subparagraph (A);
(D) an individual or entity that has directly or indirectly been directed or requested by an institution or third party acting on behalf of, for the benefit of, in coordination with, or at the direction of an institution to assist in the recruitment or retention of student athletes or prospective student athletes, or otherwise has assisted in the recruitment or retention of student athletes or prospective student athletes; or
(E) an individual or entity owned, controlled, or operated by, or otherwise affiliated with the individuals or entities described in subparagraph (A).
(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.
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1001).
(11) Intercollegiate athletic association.--The term "intercollegiate athletic association"--
(A) means any organization, not-for-profit corporation, association, or any other group organized in the United States that--
(i) sponsors or arranges intercollegiate athletic competition between institutions;
(ii) sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competition;
(iii) is composed of 2 or more institutions or conferences that are located in different States or participate in intercollegiate athletic competition in more than 1 State; and
(iv) is not a conference;
(B) includes--
(i) the National Collegiate Athletic Association; and
(ii) any other national intercollegiate athletic association; and
(C) does not include a corporation, association, or other group affiliated with professional athletic competition.
(12) Intercollegiate athletic competition.--The term "intercollegiate athletic competition" means any intercollegiate sport contest, game, meet, match, tournament, regatta, or other intercollegiate sport event in which student athletes or varsity sports teams compete.
(13) Intercollegiate sport.--The term "intercollegiate sport"--
(A) means a sport played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and
(B) does not include a recreational, intramural, or club sport.
(14) Likeness.--With respect to a student athlete, the term "likeness" means a physical or digital depiction or representation that identifies, is linked to, or is reasonably linked to the student athlete, including --
(A) the uniquely identifiable body, physical characteristics, or voice of the student athlete;
(B) any other mark that identifies or distinguishes the student athlete; or
(C) the jersey number associated with the student athlete during the period of athletic participation by the student athlete at an institution if the jersey number is accompanied by--
(i) a logo or color scheme that is clearly associated with the institution; or
(ii) some other means by which the jersey number is associated with the student athlete.
(15) Name.--With respect to a student athlete, the term "name" means the first or last name that identifies the student athlete, a nickname or assumed name of the student athlete, or a username associated with the student athlete on any public-facing internet platform when used in a context that identifies, is linked to, or is reasonably linked to the student athlete.
(16) Name, image, and likeness agreement.--The term "name, image, and likeness agreement" means a contract or similar agreement between a student athlete (or group of student athletes) and a conference, institution, intercollegiate athletic association, associated entity, collective, or third party regarding the commercial use of the name, image, and likeness rights of the student athlete (or group of student athletes).
(17) Name, image, and likeness rights.--The term "name, image, and likeness rights" means the ability of a student athlete to market and profit from the commercial use of his or her name, image, or likeness.
(18) Prospective student athlete.--The term "prospective student athlete" means an individual who is recruited, actively being recruited, or has been contacted for the purposes of recruitment to attend an institution as a student athlete, but has not yet enrolled at the institution.
(19) Revenue share cap.--The term "revenue share cap" means the Benefits Pool Limit set forth in the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement.
(20) Student athlete.--The term "student athlete" means an individual who is enrolled as a full-time student at an institution and who--
(A) makes satisfactory progress towards completing a degree; and
(B) participates in intercollegiate athletic competition or competes for a varsity sports team as part of the institution's educational, developmental, or extracurricular programs.
(21) Third party.--The term "third party" means an individual or entity that is not an institution, associated entity, collective, conference, or intercollegiate athletic association.
(22) Valid business purpose.--The term "valid business purpose" means a purpose genuinely related to the promotion of goods or services provided to the general public for profit.
(23) Varsity sports team.--The term "varsity sports team" means a sports team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competition.
SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS.
(a) Student Athlete Name, Image, and Likeness Compensation.--
(1) In general.--Except as provided in this title, an institution, conference, intercollegiate athletic association, or any representative of such an entity may not--
(A) restrict the ability of a student athlete, group of student athletes, or prospective student athlete--
(i) to market or earn compensation for the value of their name, image, or likeness rights; or
(ii) to enter into a name, image, and likeness agreement;
(B) restrict the eligibility for intercollegiate athletic competition for a student athlete or prospective student athlete on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness;
(C) unless otherwise required by law, limit the eligibility or opportunity of a student athlete or prospective student athlete to apply for or receive a grant-in-aid, including the amount, duration, or renewal of such grant-in-aid, on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement, or marketing or earning compensation for the value of their name, image, or likeness; or
(D) unless otherwise required by law, revoke, reduce, or decline to renew a grant-in-aid for a student athlete or prospective student athlete based on the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness.
(2) Consent and compensation for group use.--An institution, conference, intercollegiate athletic association, collective, third party, or any representative thereof, may not use the name, image, or likeness of any group of student athletes to sell or promote any product or service unless the institution, conference, athletic association, collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose.
(3) Exceptions.--
(A) Certain agreements.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete who enters into a name, image, and likeness agreement that violates the code of student conduct of the institution that applies to all students enrolled at the institution.
(B) Certain uses.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete if, in connection with a name, image, and likeness agreement, the student athlete or prospective student athlete uses a facility, uniform, equipment, registered or unregistered trademark, copyright-protected product, or the official logo, mark, or other indicia of the institution without the express consent of the institution.
(b) Mandatory Disclosures by Student Athletes.--
(1) In general.--All student athletes shall report to their institution--
(A) not later than 5 days after entering into a name, image, and likeness agreement, the terms of any such 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), 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--
(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 clause (i) 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 provided by a student athlete or prospective student athlete in a disclosure under paragraph (1) or (2) without the express written consent of the student athlete, prospective student athlete, athlete agent of the student athlete or prospective student athlete, or, in case of a minor, the parent or legal guardian of the minor.
(5) Limitation.--This subsection shall apply only to student athletes and prospective student athletes of institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.
(c) Name, Image, or Likeness Compensation by Institutions.--Subject to the requirements of this title, an institution, intercollegiate athletic association, conference, collective, associated entity, or third party, may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, or likeness of the student athlete.
(d) Right to Representation.--An institution, intercollegiate athletic association, or conference may not restrict the eligibility for intercollegiate athletic competition, or any other event or activity relating to intercollegiate athletic competition, of a prospective student athlete or student athlete based on the prospective student athlete or student athlete having obtained an athlete agent or legal representative.
(e) Educational Resources Regarding This Title.--An intercollegiate athletic association shall provide student athletes and prospective student athletes and the parents or guardians of student athletes or prospective student athletes with educational materials relating to this title.
SEC. 102.
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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 (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";
(B) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
(C) 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.
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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, disaggregated by intercollegiate sports program--
(i) the number of agreements the institution entered into;
(ii) the average value of the agreements; and
(iii) the total value of the agreements.
(2) Report on revenue and student outcomes.--Not later than 60 days after the date on which an academic year ends, each institution with 1 or more intercollegiate sports programs shall submit to the governing athletic association for such institution a report that includes, for the academic year, the following:
(A) The amount of revenues and expenditures of each such sports program, including the amount of associated entity and third-party donations, Federal funds, and State funds, including the total amount of remuneration for personnel of each intercollegiate sports program, individually by program and in the aggregate.
(B) The average number of hours student athletes spent on intercollegiate athletic events and intercollegiate athletic competition, disaggregated by sports program.
(C) The academic outcomes and majors for student athletes, disaggregated by sports program.
(3) Treatment of men's and women's programs.--An institution shall treat men's and women's sports programs as distinct sports programs for the purposes of disclosure and reporting obligations under this subsection.
(4) Protection of personally identifiable information.--In making a disclosure under paragraph (1), an institution shall ensure that no personally identifiable information of a student athlete is transmitted to an intercollegiate athletic association.
(b) Disclosures by Associations and Database.--
(1) In general.--Not later than September of the first year beginning after the date of the enactment of this Act, each intercollegiate athletic association shall establish and maintain a publicly accessible, searchable database for student athletes and their agents to estimate the fair market value for name, image, and likeness agreements, which shall include data collected under subsection (a)(2).
(2) Content of database.--An intercollegiate athletic association shall include the data reported by institutions pursuant to paragraphs (1) and (2) of subsection (a) in the database described in paragraph (1).
(3) Update of database.--An intercollegiate athletic association shall update the database described in paragraph (1) each September 1.
(4) Privacy.--An intercollegiate athletic association shall take reasonable technical measures to ensure that information available in the database described in paragraph (1) may not be used to identify a student athlete.
(c) Limitation.--This section shall apply only to institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, and shall not apply to any Division II or Division III institution (as so defined) that participates in a limited number of sports at the Division I level.
SEC. 105. ACADEMIC PROTECTIONS.
(a) Prohibitions Relating to Coursework and Extracurricular Activities.--
(1) In general.--An employee or volunteer of an athletic department of an institution may not--
(A) exert undue pressure over or prevent a student athlete from selecting a course or an academic major of the student athlete's choice;
(B) retaliate against a student athlete based on the student athlete's selection of any course or academic major; or
(C) prevent a student athlete who seeks to secure employment or internships, participate in student groups or events, or serve as a volunteer from doing so, unless such activity interferes with mandatory class time or mandatory events related to intercollegiate athletic competition or membership on a varsity sports team.
(2) Participation in athletic related activities.--In order to ensure each student athlete makes satisfactory progress toward the completion of a degree, each intercollegiate athletic association and any institution that is a member of such association may limit a student athlete to only participate in countable athletic-related activities as part of the educational, developmental, or extracurricular programs of the institution.
(3) Rule of construction.--Paragraph (1) may not be construed as preventing an institution, an athletic department of an institution, or a representative thereof from--
(A) informing a student athlete of academic eligibility requirements and mandatory and expected team activities; or
(B) providing other legitimate academic counseling and support services, in collaboration with the institution, to help the student athlete pursue the academic interests of and improve academic outcomes for the student athlete.
(b) Financial Literacy and Life Skills.--An institution that offers financial literacy and life skills programming directed to student athletes may not include any marketing, advertising, referral, or solicitation offers in such programming.
(c) Scholarship Protections.--
(1) In general.--Except as provided in paragraph (2), an institution that awards a grant-in-aid to a student athlete may not revoke, reduce, or condition the grant-in-aid of the student athlete--
(A) based on the athletic ability or performance of the student athlete or the contribution of the student athlete to the success of a varsity sports team;
(B) as a result of an injury or illness based on a physical or mental medical condition of the student athlete; or
(C) roster management decisions.
(2) Exception.--
(A) In general.--An institution may revoke, reduce, or condition the grant-in-aid of a student athlete or former student athlete who--
(i) transfers to another institution; or
(ii) does not remain in good standing in accordance with--
(I) the standards or code of conduct of the institution applicable to all students;
(II) the established athletics program policies for participating in mandatory team athletic activities for a varsity sports team; or
(III) the academic standards for athletic eligibility.
(B) Notice.--An institution shall provide a student athlete with timely written notice with respect to any possible revocation or reduction of, or condition on, the grant-in-aid or athletic eligibility of the student athlete.
(C) Reinstatement.--In the case of a revocation or reduction of, or condition on, the grant-in-aid of a student athlete under this paragraph, an institution may reinstate or remove any condition placed on such grant-in-aid if the student athlete subsequently cures or satisfies the reasons provided by the notice in subparagraph (B).
(D) Former student athletes.--
(i) In general.--With respect to a former student athlete described in clause (ii), an institution shall provide the former student athlete--
(I) the opportunity to resume study at the institution for the purpose of completing the requirements necessary to earn a degree; and
(II) 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.
(ii) Former student athlete described.--A former student athlete described in this subparagraph is a former student athlete of an institution who--
(I) was enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition during the preceding 10-year period;
(II) received grant-in-aid while enrolled at the institution;
(III) was not subject to the revocation of grant-in-aid under subparagraph (A)(ii)(I); and
(IV) has not completed the course of study for an undergraduate degree.
(E) Rule of construction.--Nothing in this paragraph may be construed to preclude--
(i) an institution from providing additional grant-in-aid protections for student athletes or former student athletes; or
(ii) an intercollegiate athletic association, conference, institution, student athlete, or former student athlete from requesting or advocating for additional grant-in-aid protections.
(3) Limitation.--Paragraph (2)(D) shall apply only to institutions that compete in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.
SEC. 106.
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MEDICAL COVERAGE REQUIREMENTS.
(a) In General.--Each Division I institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, each institution whose primary membership is in Division II or Division III (as so defined) only with respect to student athletes of the institution who compete in Division I, or an intercollegiate athletic association or conference comprised of Division I member institutions shall provide or cause to be provided--
(1) during the participation of a student athlete in an intercollegiate sport--
(A) all out-of-pocket medical expenses, such as copayments or deductibles, for the health care coverage of a student athlete for any injury or disease incurred through participation in an intercollegiate sport;
(B) the expense for obtaining a medical second opinion independent of the institution for any injury or disease the student athlete incurred through participation in an intercollegiate sport;
(C) catastrophic injury medical insurance for any injury or disease incurred through participation in an intercollegiate sport that exceeds $90,000 in medical costs; and
(D) an end-of-college physical examination for a student athlete for the purpose of documenting and diagnosing any injury or condition related to the student athlete's participation in an intercollegiate sport; and
(2) with respect to a student athlete enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition, for the 5-year period beginning on the day after the last intercollegiate competition for the student athlete, the cost of all out-of-pocket medical expenses of the student athlete for health care coverage for any injury or disease incurred through participation in an intercollegiate sport.
(b) Intercollegiate Athletic Association Post-eligibility Insurance and Catastrophic Injury Fund or Program.--
(1) In general.--An intercollegiate athletic association comprised of member institutions that compete in Division I, Division II, or Division III, as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw, on behalf of its member institutions must establish a fund or program to help cover the cost of--
(A) in the case of a Division I institution that generates less than $20,000,000 in total annual athletics revenue during the preceding academic year, compliance with subsection (a)(2) (or, in
the case of a Division II or Division III institution, voluntary compliance with subsection (a)(2)), in the event of demonstrated financial hardship; and
(B) post-eligibility medical expenses for the student athletes of a member institution who are diagnosed with significant long-term conditions related to their participation in an intercollegiate sport, including chronic traumatic encephalopathy and any other cognitive impairment.
(2) Amount of fund.--
(A) In general.--Subject to increases under subparagraph (B) and the limitation under subparagraph (C), the intercollegiate athletic association described in this subsection shall ensure that the fund or program established under this subsection is funded at an amount that totals not less than $60,000,000 on the first day of each academic year.
(B) Subsequent increase.--Subject to the limitation under subparagraph (C), if the amount funded for the fund or program established under this subsection is depleted for an academic year, that amount for the next academic year shall be increased by $5,000,000 as compared to the amount for the previous academic year.
(C) Limitation.--The amount funded for the fund or program established under this subsection shall not exceed $100,000,000.
(3) Use of collective media rights.--In ensuring that the fund or program established under paragraph (2) is adequately funded, an intercollegiate athletic association may use the collective media rights revenue from a covered entity, in accordance with section 5(d)(3) of the Sports Broadcasting Act of 1961, as added by section 203.
(c) Rule of Construction.--Nothing in this section may be construed to preclude an intercollegiate athletic association from--
(1) providing or causing to be provided to student athletes medical coverage in addition to the medical coverage required by subsection (a); or
(2) exceeding $60,000,000 for the fund or program established in subsection (b) for any academic year.
SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS.
(a) Establishment of Standards.--Not later than 270 days after the date of the enactment of this Act, each institution, conference, and intercollegiate athletic association shall adhere to standards to protect student athletes from sports-related serious injury, conditions, and death, including--
(1) brain injury, by adhering to the concussion management practices, protocols, and legislation of the National Collegiate Athletic Association effective January 15, 2024, and as amended to strengthen protections for student athletes;
(2) heat-related illness, by adhering to the American College of Sports Medicine Expert Consensus Statement on Exertional Heat Illness: Recognition, Management, and Return to Activity (April 2023), and as amended to strengthen protections for student athletes;
(3) rhabdomyolysis, in accordance with the guidelines of the National Collegiate Athletic Association for exertional rhabdomyolysis published in 2025, and as amended to strengthen protections for student athletes; and
(4) for any student athlete who is identified with--
(A) sickle cell trait, by following the guidelines published by the National Collegiate Athletic Association in 2025, and as amended to strengthen protections for student athletes; and
(B) asthma, by following the guidelines of the National Athletic Trainers' Association Position Statement: Management of Asthma in Athletes (September 2005), and as amended to strengthen protections for student athletes.
(b) Measures To Prevent, Assess, and Remediate Abuse or Misconduct.--Each institution, conference, and intercollegiate athletic association shall take reasonable actions to prevent, assess, and remediate--
(1) abuse or hazing of any student athlete, including physical and sexual abuse; and
(2) sexual assault, sexual misconduct, and sexual harassment.
(c) Provision of Information on Contact for Student Athlete Ombudsman.--
(1) Intercollegiate athletic association.--An intercollegiate athletic association shall provide to student athletes information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108, on the internet website of the association.
(2) Institution.--At the beginning of each academic year, an institution shall provide to student athletes information on how to locate the website specified under paragraph (1) or a link to the website and information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108.
(d) Athletic Health and Safety Officers.--
(1) In general.--Each institution shall designate an employee, who is independent of the athletic department, as the athletic health and safety officer for the institution.
(2) Reporting.--The athletic health and safety officer designated under paragraph (1) shall report to an employee of the institution who is independent of the athletic department.
(3) Officer responsibilities.--An employee who is designated by an institution under paragraph (1) as an athletic health and safety officer shall be responsible for, at a minimum--
(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 from establishing additional health, wellness, and safety standards to protect student athletes; 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.
SEC. 108.
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OFFICE OF THE STUDENT ATHLETE OMBUDSMAN.
(a) In General.--An intercollegiate athletic association shall establish an office to support student athletes, known as the "Office of the Student Athlete Ombudsman" (in this section referred to as the "Office").
(b) Duties.--The Office shall--
(1) provide independent advice to student athletes at no cost about the applicable requirements of this title and the amendments made by this title, including with respect to their rights and responsibilities and the resources available;
(2) assist in the resolution of student athlete concerns regarding the intercollegiate athletic association, conferences, or institutions;
(3) provide independent advice to student athletes with respect to the role, responsibility, authority, and jurisdiction of the intercollegiate athletic association, conferences, or institutions;
(4) provide student athletes with current contact information for external third-party resources for student athletes;
(5) provide independent advice to student athletes with respect to the relative value of engaging legal counsel;
(6) develop standard language to explain the rights and responsibilities of student athletes under this Act that institutions shall be required to conspicuously display in common areas where student athletes congregate, such as locker rooms, dormitories, or study areas, to ensure that student athletes are properly informed of their rights, responsibilities, and ability to contact the Ombudsman; and
(7) as appropriate, develop curricula to educate student athletes on their rights and responsibilities under this Act that is capable of being shared through in person or online classes, training sessions, or other means.
(c) Administration.--An intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office.
(d) Confidentiality.--
(1) In general.--The Office shall maintain as confidential any information communicated or provided to the Office in confidence in any matter involving the exercise of the official duties of the Office.
(2) Exception.--The Office may, with the permission of the parties involved, disclose information described in paragraph (1) as necessary to resolve or mediate a dispute.
(3) Application.--The confidentiality requirements under this subsection shall not apply to information--
(A) as necessary to comply with applicable reporting requirements mandated by Federal law;
(B) relating to a felony personally witnessed by a member of the Office;
(C) if necessary to protect an individual at imminent risk of serious harm; or
(D) with the permission of the parties involved, as necessary to resolve or mediate a dispute.
(4) Judicial and administrative proceedings.--
(A) In general.--The Ombudsman and any staff of the Office shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office.
(B) Confidentiality.--Any memorandum, work product, notes, or case file of the Office--
(i) shall be confidential; and
(ii) shall not be--
(I) subject to discovery, subpoena, or any other means of legal compulsion; or
(II) admissible as evidence in a judicial or administrative proceeding.
(5) Prohibition on retaliation.--No employee, contractor, agent, volunteer, or member of an intercollegiate athletic association, a conference, or an institution shall take or threaten to take any action against a student athlete as a reprisal for disclosing information to or seeking assistance from the Office.
(e) Independence in Carrying Out Duties.--The board of directors or other governing board or committee of an intercollegiate athletic association, a conference, or an institution shall not prevent or prohibit the Office from carrying out any duty or responsibility under this section.
SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES,
SERVICES, AND EVENTS.
Intercollegiate athletic associations and conferences shall maintain comparable standards for medical care, lodging, meals, rest, transportation, and, if applicable, athletic facilities for championship events or tournaments, across similarly situated men's and women's athletic programs.
SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING
TRANSITIONS.
(a) In General.--An individual who serves, or has served at any point during a competitive
season, as football athletic personnel for a varsity sports team for intercollegiate football at an institution shall not, during that same competitive season, perform for another institution any duties or responsibilities customarily associated with a head coach of a varsity sports team for intercollegiate football, including, at a minimum--
(1) recruiting or contacting prospective or current student athletes;
(2) directing, participating in, or materially influencing recruiting strategy or evaluations;
(3) directing, participating in, or materially influencing roster management decisions, including decisions relating to transfers;
(4) facilitating, coordinating, negotiating, or otherwise materially influencing name, image, and likeness activities involving student athletes;
(5) directing, supervising, or materially influencing coaching staff or team operations;
(6) participating in practice planning, game preparation, strategic decision-making, or on-field activities;
(7) publicly representing the institution in an intercollegiate football-related capacity in a manner that reflects or implies authority over the intercollegiate football program; and
(8) undertaking any other activity customarily associated with a head coach of a varsity sports team for intercollegiate football.
(b) Application.--Subsection (a) shall apply without regard to title, formal designation, compensation structure, employment status, or timing of any public announcement, and the applicable intercollegiate athletic association may prohibit any arrangement that, in substance or effect, provides an individual described in subsection (a) with authority or responsibilities customarily exercised by a head coach.
(c) Determination of Ineligibility.--An individual described in subsection (a) who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution during the same competitive season is ineligible to participate in intercollegiate athletic competition for intercollegiate football as head coach for the hiring institution through the conclusion of the competitive season, including any postseason competition, of the prior institution or the hiring institution, whichever occurs later.
(d) Penalties for Non-compliance.--In the event an individual who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution violates this section, that individual shall be ineligible to assume the duties as head coach of the varsity sports team for intercollegiate football at the hiring institution for the subsequent competitive season after the season in which the violation occurred and be subject to additional penalties sufficient to ensure compliance with this section.
(e) Application.--This section applies only to institutions that compete in the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw.
(f) Definitions.--In this section:
(1) Applicable intercollegiate athletic association.--The term "applicable intercollegiate athletic association" means only an intercollegiate athletic association that has at least one member institution that is a member of the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw.
(2) Competitive season.--The term "competitive season" means the period beginning with the first regularly scheduled intercollegiate athletic competition for intercollegiate football for an institution during a season and ending with the conclusion of the final intercollegiate athletic competition for intercollegiate football for the institution during that season.
(3) Football athletic personnel.--The term "football athletic personnel" means any individual employed by, contracted with, or otherwise engaged by an institution 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 institution to another institution--
(1) once without losing or delaying eligibility to participate in intercollegiate sports;
(2) except as provided in paragraph (3), a second time with a loss of eligibility to participate in intercollegiate sports during the first academic year following the transfer; and
(3) additionally, without losing or delaying eligibility to participate in intercollegiate sports, upon--
(A) discontinuation of a sport in which the student athlete competes;
(B) the departure of the head coach of the student athlete's varsity sports team;
(C) sexual assault or harassment of the student athlete by an individual associated with the student athlete's institution; or
(D) the student athlete pursuing a graduate degree.
SEC. 113.
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ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
SPORTS.
(a) In General.--An individual is eligible to participate on a varsity sports team or in intercollegiate athletic competition 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 maximum of 5 calendar years beginning on, whichever occurs first--
(A) the beginning of the academic year following the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls full time at an institution.
(2) Exceptions.--Paragraph (1) does not apply during a period of absence for any of the following:
(A) Reasons of pregnancy.
(B) Religious mission.
(C) Active-duty military service.
(D) Other periods of absence adopted by rule or bylaw by an intercollegiate athletic association that apply uniformly to all student athletes.
(c) Restrictions on Eligibility.--
(1) In general.--An intercollegiate athletic association or a conference may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete--
(A) used an illegal or performance enhancing drug; or
(B) participated in sports wagering activities or sports-related event contracts.
(2) Code of conduct.--An institution may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete violated the code of conduct of the institution that applies to all students.
(d) Clarification on Prize Money.--For purposes of subsection (a)(3), 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--
(1) the prize money was provided only by the sponsor of the athletics event; and
(2) 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.--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--
(1) except as provided in 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--
(A) a student athlete, a group of student athletes, or their family members; or
(B) a prospective student athlete, a group of prospective student athletes, or their family members; or
(2) 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--
(A) for a valid business purpose; and
(B) commensurate with compensation paid to individuals with a similar profile, reputation, or
notability who are not student athletes or prospective student athletes.
(b) Personal Athletic and Education Benefits Permitted.--An intercollegiate athletic association, a conference, an institution, or any representative thereof shall not, pursuant to the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), restrict the ability of a student athlete enrolled at an institution to receive compensation from an intercollegiate athletic association, an institution, a conference, or an associated entity, for personal benefits related to education or intercollegiate athletics, if those benefits are--
(1) reasonable costs of transportation and temporary lodging for family members of a student athlete while the student athlete is experiencing a documented physical or mental health concern or participating in an intercollegiate athletic competition;
(2) reasonable costs for meals, shelter, medical coverage, and medical expenses not provided or covered by the institution; or
(3) reasonable education-related financial benefits, such as institution fees, books, or other incidental educational expenses that are not otherwise provided by the institution.
(c) 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.
(d) 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.
(e) 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. EXTENSION OF THE REVENUE SHARE CAP.
(a) In General.--Upon expiration or termination of 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 revenue share cap shall continue to apply with respect to section 114(a), including any adjustments specified in subsection (b).
(b) Adjustment of Revenue Share Cap.--Upon expiration of 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 annual revenue share cap shall be adjusted annually 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.
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 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, of which at least 1 member shall be a student athlete or former student athlete;
(C) 4 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives, 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, 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;
(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;
(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;
(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;
(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.
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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.
(c) Authority.--The Commission may, for the purpose of carrying out the duties of the Commission--
(1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; 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.
(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;
(C) whether any intercollegiate sport should be subject to spending or cost limitations;
(D) whether to eliminate, extend, or change the Pool Benefits Limit set forth in the Injunctive Relief Settlement Agreement as approved or amended by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025);
(E) compliance with endorsement contract reporting requirements established by an athletic association or a conference;
(F) adequacy of health and safety standards established pursuant to this title and compliance with those standards by institutions;
(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;
(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; and
(J) any other recommendations regarding intercollegiate athletics.
(2) To draft a joint resolution of approval under subsection (i) 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 5 years after the date of the enactment of this Act, to submit a report on the activities of the Commission, including recommendations for such legislative action as the Commission considers appropriate to--
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Energy and Commerce of the House of Representatives; and
(C) the President.
(e) Quorum.--Twelve members of the Commission, of which 5 members shall be current or former student athletes, shall constitute a quorum.
(f) 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 (e).
(g) Public Hearings.--The Commission shall hold 1 or more public hearings.
(h) Status.--The Commission is not an agency (as defined in section 551 of title 5, United States Code).
(i) 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.
(j) Termination.--The Commission shall terminate 90 days after the date on which the Commission submits the report required by this section.
(k) 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 of time for each sport that in no case shall be less than 2 weeks or greater than 5 weeks starting 7 days 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 institution associated 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 of time for each sport that in no case shall be less than 2 weeks or greater than 5 weeks starting 7 days 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, 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; or
(4) 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 to enroll at an institution or transfer to an institution by offering compensation to a student athlete in violation of paragraphs (1), (2), or (3).
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
(C) has received compensation in contravention of section 114 or section 115; or
(4) decertify an athlete agent for violations of section 103 or the amendments made by section 102.
(c) Requirements for an Intercollegiate Athletic 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.--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.
SEC. 119.
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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
(C) is filed in an appropriate district court of the United States.
(10) Section 113, only to the extent the claim--
(A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the eligibility standard set forth in section 113;
(B) is filed against a Division I, Division II, or Division III institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and
(C) is filed in an appropriate district court of the United States.
(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).
(c) Relief.--In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award the plaintiff--
(1) actual damages; and
(2) any other relief, including equitable relief or declaratory relief, that the court determines appropriate (including attorney's fees, if otherwise allowed under applicable law).
(d) Limitation on Pre-dispute Agreements and Waivers.--
(1) Pre-dispute arbitration agreement.--
(A) 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 60 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 60-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.
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
(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.
(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;
(C) temporary relief while the case is pending; and
(D) if the prevailing individual is an employee--
(i) reinstatement with the same seniority status that the individual would have had, but for the discrimination; and
(ii) backpay otherwise owed to the individual, with interest.
(c) Rights Retained by Individual.--Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any individual under any Federal or State law, or under any labor contract.
(d) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes.--
(1) Waiver of rights and 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
(C) any provision described in 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.
(C) Tort law, unless otherwise specified in paragraph (2).
(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.
(C) Property damage.
(D) Sexual assault.
(E) Injury.
(F) Harassment.
(G) Any cause of action derivative of any of subparagraphs (A) through (F).
(c) Rules of Construction.--
(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.
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.
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.
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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 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.
(c) Transitional Protection for Women's and Olympic Sports 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 roster spots for non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, during each academic year as the institution provided during academic year 2024-2025.
(2) 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;
(C) compliance with that paragraph would materially impair the ability of the institution to comply with Federal law; or
(D) there are extraordinary circumstances relating to financial hardship, including from a natural disaster, act of war, or other circumstance that is beyond the control of the institution or materially impair the ability of the institution to comply with that paragraph.
(3) Covered mid-sized institution 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 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
(C) para athletes included as walk-on athletes shall not be counted toward any roster cap or scholarship count established for that intercollegiate sport.
(2) 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. 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.
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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
(C) by inserting after paragraph (12), as so redesignated, 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
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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 the basketball tournaments organized by the National Collegiate Athletic Association.
"(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 the basketball tournaments organized by the National Collegiate Athletic Association.
"(3) 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.
"(4) 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.
"(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 or 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.".
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) In General.--It shall be unlawful under the antitrust laws, as defined in section 1(a), for 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 merge or consolidate with, or to acquire the assets, media rights (including media rights of an institution), or membership of, another covered conference or of an independent 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.
"(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) Definition.--In this section, 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.".
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.
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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 (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, 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.
(c) Reversion of Rights.--
(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. The PRESIDING OFFICER. The majority leader.
EXECUTIVE CALENDAR (Executive Session)
Pages S4788–S4789 · Official textMadam President, I move to proceed to executive session to consider Calendar No. 828.
The PRESIDING OFFICER
The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER
The clerk will report the nomination.
The senior assistant legislative clerk read the nomination of Angela Veronica Colmenero, of Texas, to be United States District Judge for the Southern District of Texas.
Cloture Motion (Executive Session)
Page S4789 · Official textMadam President, I send a cloture motion to the desk.
The PRESIDING OFFICER
The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Text printed in the Record (557 characters)
We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on the nomination of Executive Calendar No. 828, Angela Veronica Colmenero, of Texas, to be United States District Judge for the Southern District of Texas.
John Thune, Tim Sheehy, John Barrasso, Pete Ricketts,
Thom Tillis, Rick Scott of Florida, John Cornyn, Steve
Daines, Bernie Moreno, John R. Curtis, Chuck Grassley,
Jim Banks, Mike Crapo, James Lankford, Kevin Cramer,
Mike Rounds, Ted Budd.
Legislative Session
Pages S4789–S4790 · Official textMadam President, I move to proceed to legislative session.
The PRESIDING OFFICER
The question is on agreeing to the motion.
The motion was agreed to. (Purpose: In the nature of a substitute.)
Madam President, I call up Cruz-Cantwell substitute amendment No. 6776.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (93 characters)
The Senator from South Dakota [Mr. Thune], for Mr. Cruz, proposes an amendment numbered 6776.
Madam President, I ask the reading be dispensed with.
The PRESIDING OFFICER
Without objection, it is so ordered.
(The amendment is printed in today's Record under "Text of Amendments.")
I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER
Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays are ordered.
Madam President, I have an amendment at the desk.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (100 characters)
The Senator from South Dakota [Mr. Thune] proposes an amendment numbered 6777 to amendment No. 6776.
Madam President, I ask unanimous consent that the reading of the amendment be dispensed with.
The PRESIDING OFFICER
Without objection, it is so ordered.
The amendment is as follows:
Text printed in the Record (276 characters)
At the end add the following.
"This Act shall take effect 1 day after the date of
enactment." Mr. THUNE. I ask for the yeas and nays on my amendment. The PRESIDING OFFICER. Is there a sufficient second? There appears to be a sufficient second. The yeas and nays are ordered.
Madam President, I have a second-degree amendment at the desk.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (100 characters)
The Senator from South Dakota [Mr. Thune] proposes an amendment numbered 6778 to amendment No. 6777.
I ask unanimous consent that the reading of the amendment be dispensed with.
The PRESIDING OFFICER
Without objection, it is so ordered.
The amendment is as follows:
Text printed in the Record (35 characters)
Strike "1 day" and insert "2 days".
I have an amendment to the text of the underlying bill.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (140 characters)
The Senator from South Dakota [Mr. Thune] proposes an amendment numbered 6779 to the language proposed to be stricken by amendment No. 6776.
I ask the reading be dispensed with.
The PRESIDING OFFICER
Without objection, it is so ordered.
The amendment is as follows:
Text printed in the Record (278 characters)
At the end add the following.
"This Act shall take effect 3 days after the date of
enactment." Mr. THUNE. I ask for the yeas and nays on the amendment. The PRESIDING OFFICER. Is there a sufficient second? There appears to be a sufficient second. The yeas and nays are ordered.
Madam President, I have a second-degree amendment at the desk.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (100 characters)
The Senator from South Dakota [Mr. Thune] proposes an amendment numbered 6780 to amendment No. 6779.
The amendment is as follows:
Text printed in the Record (36 characters)
Strike "3 days" and insert "4 days".
Madam President, I move to recommit the bill to the Committee on Commerce, Science, and Transportation with instructions.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (202 characters)
The Senator from South Dakota [Mr. Thune] moves to recommit the bill to the Committee on Commerce, Science, and Transportation with instructions to report back forthwith with an amendment numbered 6781.
I ask the reading be dispensed with.
The PRESIDING OFFICER
Without objection, it is so ordered.
The amendment is as follows:
Text printed in the Record (326 characters)
At the end add the following.
"This Act shall take effect 5 days after the date of
enactment."
Mr. THUNE. Madam President, I ask for the yeas and nays on the motion to recommit with instructions.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays are ordered.
Madam President, I have an amendment to the instructions.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (116 characters)
The Senator from South Dakota [Mr. Thune] proposes amendment No. 6782 to the instructions of the motion to recommit.
Madam President, I ask consent the reading be waived.
The PRESIDING OFFICER
Without objection, it is so ordered.
The amendment is as follows:
Text printed in the Record (218 characters)
Strike "5 days" and insert "6 days". Mr. THUNE. I ask for the yeas and nays on the amendment. The PRESIDING OFFICER. Is there a sufficient second? There appears to be a sufficient second. The yeas and nays are ordered.
Madam President, I have a second-degree amendment at the desk.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (100 characters)
The Senator from South Dakota [Mr. Thune] proposes an amendment numbered 6783 to amendment No. 6782.
I ask consent the reading be waived.
The PRESIDING OFFICER
Without objection, it is so ordered.
The amendment is as follows:
Text printed in the Record (36 characters)
Strike "6 days" and insert "7 days".
Madam President, I send a cloture motion to the desk for the Cruz-Cantwell substitute amendment No. 6776.
The PRESIDING OFFICER
The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Text printed in the Record (651 characters)
We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on Cruz amendment No. 6776 to Calendar No. 449, S. 4668, a bill 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.
John Thune, Ted Cruz, Eric Schmitt, Chuck Grassley, Tim
Sheehy, John Barrasso, Steve Daines, Pete Ricketts,
John Cornyn, John R. Curtis, Alan Armstrong, Ted Budd,
James Lankford, Bernie Moreno, Cindy Hyde-Smith, James
E. Risch, Mike Crapo.
Madam President, I send a cloture motion to the desk on the underlying bill.
The PRESIDING OFFICER
The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Text printed in the Record (624 characters)
We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on Calendar No. 449, S. 4668, a bill 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.
John Thune, Ted Cruz, Eric Schmitt, Chuck Grassley, Tim
Sheehy, John Barrasso, Steve Daines, Pete Ricketts,
John Cornyn, John R. Curtis, Alan Armstrong, Ted Budd,
James Lankford, Bernie Moreno, Cindy Hyde-Smith, James
E. Risch, Mike Crapo.
MEASURES READ THE FIRST TIME--S. 5438 and H.R. 9576
Page S4790 · Official textI understand that there are two bills at the desk, and I ask for their first reading en bloc.
The PRESIDING OFFICER
The clerk will read the bills by title for the first time.
The senior assistant executive clerk read as follows:
Text printed in the Record (436 characters)
A bill (S. 5438) to ratify and approve all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the establishment and administration of the Coastal Plain oil and gas leasing program, and for other purposes.
A bill (H.R. 9576) to establish the National Fraud Enforcement Division of the Department of Justice.
I now ask for a second reading, and I object to my own request, all en bloc.
The PRESIDING OFFICER
Objection having been heard, the bills will receive their second reading on the next legislative day.
Unanimous Consent Agreement--S. 4668
Page S4790 · Official textI ask unanimous consent that the filing deadline with respect to first-degree amendments to substitute amendment No. 6776 to S. 4668 and first-degree amendments to the underlying bill be at 3:30 p.m. on Tuesday, September 22.
The PRESIDING OFFICER
Without objection, it is so ordered.
Improving Social Security's Service to Victims of Identity Theft Act
Page S4790 · Official textIMPROVING SOCIAL SECURITY'S SERVICE TO VICTIMS OF IDENTITY THEFT ACT
Madam President, I ask unanimous consent that the Committee on Finance be discharged from further consideration of H.R. 5345 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (194 characters)
A bill (H.R. 5345) to amend title VII of the Social Security Act to provide for a single point of contact at the Social Security Administration for individuals who are victims of identity theft.
There being no objection, the committee was discharged and the Senate proceeded to consider the bill.
I ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER
Without objection, it is so ordered.
The bill (H.R. 5345) was ordered to a third reading, was read the third time, and passed.
Honoring the Life and Legacy of Dolly Parton
Page S4790 · Official textI ask unanimous consent that the Senate proceed to the consideration of S. Res. 862, submitted earlier today.
The PRESIDING OFFICER
The clerk will report.
The senior assistant legislative clerk read as follows:
Text printed in the Record (252 characters)
A resolution (S. Res. 862) honoring the life and legacy of Dolly Parton, a daughter of Tennessee whose extraordinary contributions to music, philanthropy, literacy, education, health, conservation, and culture enriched the lives of countless Americans.
There being no objection, the Senate proceeded to consider the resolution.
I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and that the motions to reconsider be considered made and laid upon the table with no intervening action or debate.
The PRESIDING OFFICER
Without objection, it is so ordered.
The resolution (S. Res. 862) was agreed to.
The preamble was agreed to. (The resolution, with its preamble, is printed in today's Record under "Submitted Resolutions.")
God bless Dolly Parton.
Honoring 35 Years of Independence for the Countries of Central Asia and Recognizing the Importance of the United States Growing Relationship with Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan...
Page S4790 · Official textRECOGNIZING THE IMPORTANCE OF THE UNITED STATES GROWING RELATIONSHIP WITH KAZAKHSTAN, KYRGYZSTAN, TAJIKISTAN, TURKMENISTAN, AND UZBEKISTAN
Madam President, I ask unanimous consent that the Committee on Foreign Relations be discharged from further consideration and that the Senate now proceed to S. Res. 816.
The PRESIDING OFFICER
The clerk will report the resolution by title.
The senior assistant legislative clerk read as follows:
Text printed in the Record (238 characters)
A resolution (S. Res. 816) honoring 35 years of independence for the countries of Central Asia and recognizing the importance of the United States growing relationship with Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
There being no objection, the committee was discharged, and the Senate proceeded to consider the resolution.
I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and that the motions to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER
Without objection, it is so ordered.
The resolution was agreed to. The preamble was agreed to. (The resolution, with its preamble, is printed in the Record of July 23, 2026, under "Submitted Resolutions.") MORNING BUSINESS
Arms Sales Notification
Pages S4790–S4791 · Official textMadam President, section 36(b) of the Arms Export Control Act requires that Congress receive prior notification of certain proposed arms sales as defined by that statute. Upon such notification, the Congress has 30 calendar days during which the sale may be reviewed. The provision stipulates that, in the Senate, the notification of proposed sales shall be sent to the chairman of the Senate Foreign Relations Committee.
In keeping with the committee's intention to see that relevant information is still available to the full Senate, I ask unanimous consent to have printed in the Record the notifications that have been received. If the cover letter references a classified annex, then such an annex is available to all Senators in the office of the Foreign Relations Committee, room SD-423.
There being no objection, the material was ordered to be printed in the Record, as follows:
Text printed in the Record (3,321 characters)
Please find enclosed the following notification from the Department of State.
Department Notification Number: RSAT 26-II.
Pursuant to the reporting requirements of Section 36(b)(5)(C) of the Arms Export Control Act (AECA), as amended, we are forwarding Transmittal No. 26-11. This notification relates to enhancements or upgrades from the level of sensitivity of technology or capability described in the Section 36(b)(1)AECA certification 22-25 of 05/11/2022.
Recipients:
Speaker of the House of Representatives
House Committee on Foreign Affairs
Senate Committee on Foreign Relations
Sincerely,
REPORT OF ENHANCEMENT OR UPGRADE OF SENSITIVITY OF TECHNOLOGY
OR CAPABILITY (SEC. 36(B)(5)(C), AECA)
(i) Prospective Purchaser: Government of the Netherlands.
(ii) Sec. 36(B)(1), AECA Transmittal No.: 22-25; Date: May 26, 2022; Implementing Agency: Navy.
(iii) Description: On May 26, 2022, Congress was notified by congressional certification transmittal number 22-25 of the possible sale, under Section 36(b)(1) of the Arms Export Control Act, of ninety-five (95) AIM-9X Block II Tactical Missiles; forty-three (43) AIM-9X Block II+ Tactical Missiles; and one (1) AIM-9X Block II+ Tactical Guidance Unit. Also included were containers; classified and unclassified software; U.S. Government and contractor technical assistance; and other related elements of logistical and program support. The total estimated value was $117 million. Major Defense Equipment (MDE) constituted $104.6 million of this total.
This transmittal notifies the addition of the following MDE items: up to three hundred ninety-two (392) AIM-9X Sidewinder Block II Tactical Missiles. The following nonMDE items will also be included: additional containers; classified and unclassified software; transportation; technical assistance; U.S. Government and contractor technical assistance; and other related elements of logistical and program support. The estimated total value of the new items is $295 million. The estimated MDE value will increase by $269.9 million to a revised $374.5 million. The estimated non-MDE value will increase by $25.1 million to a revised $37.5 million. The estimated total case value will increase by $295 million to a revised $412 million.
(iv) Significance: This notification accounts for requested additional MDE and non-MDE items not included in the original notification. The inclusion of this MDE and non-MDE represents an increase in capability over what was previously notified. The proposed articles and services will support the Netherlands' air defense capability by improving its capability to conduct self-defense and regional security missions and enhancing interoperability with the U.S. and other NATO members.
(v) Justification: This proposed sale will support the foreign policy and national security objectives of the United States by improving the security of a NATO Ally which is an important force for political stability and economic progress in Europe.
(vi) Sensitivity of Technology:
The Sensitivity of Technology Statement contained in the original notification applies to items reported here.
The highest level of classification of defense articles, components, and services included in this potential sale is SECRET.
(vii) Date Report Delivered to Congress: September 16, 2026.
Arms Sales Notification
Pages S4791–S4792 · Official textMadam President, section 36(b) of the Arms Export Control Act requires that Congress receive prior notification of certain proposed arms sales as defined by that statute. Upon such notification, the Congress has 30 calendar days during which the sale may be reviewed. The provision stipulates that, in the Senate, the notification of proposed sales shall be sent to the chairman of the Senate Foreign Relations Committee.
In keeping with the committee's intention to see that relevant information is still available to the full Senate, I ask unanimous consent to have printed in the Record the notifications that have been received. If the cover letter references a classified annex, then such an annex is available to all Senators in the office of the Foreign Relations Committee, room SD-423.
There being no objection, the material was ordered to be printed in the Record, as follows:
Text printed in the Record (6,160 characters)
Please find enclosed the following notification from the Department of State.
Department Notification Number: RSAT 26-1L.
Pursuant to the reporting requirements of Section 36(b)(5)(C) of the Arms Export Control Act (AECA), as amended, we are forwarding Transmittal No. 26-1L. This notification relates to enhancements or upgrades from the level of sensitivity of technology or capability described in the Section 36(b)(1) AECA certification 22-09 of March 15, 2022.
Recipients:
Speaker of the House of Representatives
House Committee on Foreign Affairs
Senate Committee on Foreign Relations
Sincerely,
Report of Enhancement or Upgrade of Sensitivity of Technology
or Capability (Sec. 36(b)(5)(C), AECA)
(i) Prospective Purchaser: Government of Spain.
(ii) Sec. 36(b)(1), AECA Transmittal No.: 22-09; Date: March 15, 2022; Implementing Agency: Navy.
(iii) Description: On March 15, 2022, Congress was notified by congressional certification transmittal number 22-09 of the possible sale, under Section 36(b)(1) of the Arms Export Control Act (AECA), of eight (8) MH-60R multi-mission helicopters; twenty (20) T-700-GE-401C engines (16 installed, 4 spares); thirty-two (32) AGM-114R(N) Hellfire missiles, All-up-rounds; two (2) Hellfire II Captive Air Training Missiles; one hundred (100) WGU-59/B Advanced Precision Kill Weapon System (APKWS) II guidance sections, All-up-rounds; eight (8) Link 16 Multifunctional Information Distribution System--Joint Tactical Radio System (MIDS-JTRS) (8 installed); and four (4) Airborne Low Frequency Sonars (ALFS) (4 installed on 4 aircraft). Also included were M514 impulse cartridge/cartridge actuated devices; MJ20 cartridge actuated thruster/cartridge actuated devices; WB53 fire extinguisher cartridge/cartridge actuated devices; CCU-136A/A impulse cartridges; M299 Hellfire missile launchers; GAU-21 crew served guns (including pintle and laser pointer); LAU-61 digital rocket launchers; M152 high explosive warheads for airborne 2.75 rockets; MK66 MOD 4, 2.75-inch rocket motors; rocket motors, 2.75-inch, MK-66-4 inert; WTU-1B inert warheads (HA23); AN/ARC-210 RT-2036 radios with Communications Security; AN/AAR-47 missile warning systems; AN/SSQ-62F sonobuoys; AN/SSQ-53G sonobuoys; AN/SSQ-36B sonobuoys; SRQ-4 Hawklink radio terminals with Hawklink crypto control modules; AN/APX-123 Identification Friend or Foe (IFF) transponders; AN/ALE-47 dispenser, electronic countermeasures; Advanced Data Transfer Systems; AN/AAS-44C(V) multi-spectral targeting systems; IFF Mode 4/5 cryptographic applique, KIV-78; Joint Mission Planning System; Embedded Global Positioning System/Precise Positioning Service (GPS/PPS)/Inertial Navigation Systems (EGI) with Selective Availability/Anti-Spoofing Module (SAASM); ALFS (aircraft provisions only for 4 aircraft); AN/ ARQ-59 Hawklink radio terminals; Training Simulators/ Operational Machine Interface Assistants; tactical operational flight trainer; AN/ALQ-210 Electronic Support Measures systems; APS-153(V) multi-mode radars; spare engine containers; spare and repair parts; support and test equipment; communications equipment; ferry support; publications and technical documentation; personnel training and training equipment; U.S. Government and contractor engineering, technical, and logistics support services; obsolescence engineering, integration, and test activities required to ensure readiness for the production of the Spanish MH-60R helicopters; and other related elements of logistics and program support. The estimated total value was $950 million. Major Defense Equipment (MDE) constituted $425 million of this total.
On October 25, 2024, Congress was notified by Congressional certification transmittal number 24-0X, under Section 36(b)(5)(C) of the Arms Export Control Act, of the addition of the following MDE items: replacement of the previously notified non-MDE EGI with SAASM for, twenty-four (24) MDE EGI with SAASM; and replacement of the previously notified twenty (20) MDE T-700-GE-401C engines for twenty (20) MDE T-700-401D engines. Also included were Infrared Zoom Laser llluminator Designators; AN/PYQ-10 Simple Key Loaders; and other related elements of logistics and program support. The total notified MDE value increased by $50 million to $475 million, and the total notified case value remained at $950 million.
This transmittal notifies the inclusion of the following MDE items: two (2) AN/AQS-22 ALFS; two (2) MIDS-JTRS; and four (4) EGIs. The following non-MDE items will also be included: aircraft components; parts and accessories; and non-recurring engineering costs. The estimated total value of the new items is $250 million. The estimated MDE value will increase by $60 million to a revised $535 million. The estimated non-MDE value will increase by $190 million to a revised $665 million. The estimated total case value will increase by $250 million to a revised $1.2 billion. MDE constitutes $535 million of this total.
(iv) Significance: This notification accounts for requested additional MDE and non-MDE items not included in the original notification. The inclusion of this MDE represents an increase in capability over what was previously notified. The proposed articles and services will support Spain's capability to perform anti-surface and anti-submarine warfare missions along with the ability to perform secondary missions including
vertical replenishment, search and rescue, and communications relay and will bolster the Spanish Navy's ability to support NATO and remain interoperable with the U.S. and the NATO alliance.
(v) Justification: This proposed sale will support the foreign policy goals and national security objectives of the United States by improving the security of a NATO ally that is a force for political stability and economic progress in Europe.
(vi) Sensitivity of Technology:
The Sensitivity of Technology Statement contained in the original notification applies to items reported here.
The highest level of classification of defense articles, components, and services included in this potential sale is SECRET.
(vii) Date Report Delivered to Congress: September 16, 2026.
Arms Sales Notification
Page S4792 · Official textMadam President, section 36(b) of the Arms Export Control Act requires that Congress receive prior notification of certain proposed arms sales as defined by that statute. Upon such notification, the Congress has 30 calendar days during which the sale may be reviewed. The provision stipulates that, in the Senate, the notification of proposed sales shall be sent to the chairman of the Senate Foreign Relations Committee.
In keeping with the committee's intention to see that relevant information is still available to the full Senate, I ask unanimous consent to have printed in the Record the notifications that have been received. If the cover letter references a classified annex, then such an annex is available to all Senators in the office of the Foreign Relations Committee, room SD-423.
There being no objection, the material was ordered to be printed in the Record, as follows:
Text printed in the Record (3,889 characters)
Please find enclosed the following notification from the Department of State.
Department Notification Number: RSAT 26-93.
Pursuant to the reporting requirements of Section 36(b)(1) of the Arms Export Control Act (AECA), as amended, we are forwarding Transmittal No. 26-93 concerning the Navy's proposed Letter(s) of Offer and Acceptance to the Government of Spain for defense articles and services estimated to cost $75 million. We will issue a news release to notify the public of this proposed sale upon delivery of this letter to your office.
Recipients:
Speaker of the House of Representatives
House Committee on Foreign Affairs
Senate Committee on Foreign Relations
Sincerely,
Notice of Proposed Issuance of Letter of Offer Pursuant to
Section 36(b)(1) of the Arms Export Control Act, as
amended
(i) Prospective Purchaser: Government of Spain.
(ii) Total Estimated Value:
Major Defense Equipment* $27 million.
Other $48 million.
Total $75 million.
(iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:
Major Defense Equipment (MDE):
Seven (7) Sonar, Mine Hunting, AN/SQQ-32(V)3+ upgrade kits.
Non-MDE: The following non-MDE items will also be included: towed body parts; support equipment; spare parts, consumables, and accessories; unclassified operation and maintenance software; unclassified publications, technical documentation; and studies and surveys; U.S. government and contractor engineering, technical, and logistics support services; and other related elements of logistics and program support.
(iv) Military Department: Navy (SP-P-LIM).
(v) Prior Related Cases, if any: None.
(vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None known at this time.
(vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex.
(viii) Date Report Delivered to Congress: September 16, 2026.
*As defined in Section 47 (6) of the Arms Export Control Act.
The Government of Spain has requested to buy seven (7) Sonar, Mine Hunting, AN/SQQ-32(V)3+ upgrade kits. The following non-MDE items will also be included: towed body parts; support equipment; spare parts, consumables, and accessories; unclassified operation and maintenance software; unclassified publications, technical documentation; and studies and surveys; U.S. Government and contractor engineering, technical, and logistics support services; and other related elements of logistics and program support. The estimated total cost is $75 million.
This proposed sale will support the foreign policy goals and national security objectives of the United States by improving the security of a NATO ally that is a force for political stability and economic progress in Europe.
The proposed sale will improve Spain's capability to meet current and future threats by providing an advanced and reliable sonar system, enhancing its ability to detect, classify, and neutralize underwater threats. This modernization prevents a capability gap in Spain's Mine Countermeasure forces and ensures continued contribution to NATO maritime security operations. Spain will have no difficulty absorbing these articles and services into its armed forces.
The proposed sale of this equipment and support will not alter the basic military balance in the region.
There is no principal contractor in connection with this sale. The articles and support will be provided by the Naval Surface Warfare Center, located in Panama City, FL. At this time, the U.S. Government is not aware of any offset agreement proposed in connection with this potential sale.
Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Spain.
There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act
Text printed in the Record (2,053 characters)
(vii) Sensitivity of Technology:
1. The AN/SQQ-32 sonar is a variable-depth mine-hunting sonar system designed for detecting and classifying moored and bottom mines in mine countermeasure operations. It includes two separate active sonar systems to detect and classify mine-like objects on the surface in the volume or on the bottom of the sea. The sonar systems are packaged in a single towed body tethered to the ship through a cable providing power and data transmission with the cable length variable via an electric winch.
2. The detect and classify sonar subsystems are independently monitored and controlled by two operators at independent panels working together to find and characterize underwater objects as mine or non-mine like objects. The detection system is a low frequency, low resolution, high range sonar designed to provide a general location of possible mine-like objects. It provides much greater range than the classify sonar system, but provides little resolution and detail of the objects it detects. The classify sonar has a lower range, but higher frequency and higher resolution, allowing the classification of a target as mine-like or non-mine-like.
3. The highest level of classification of defense articles, components, and services included in this potential sale is SECRET.
4. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures that might reduce system effectiveness or be used in the development of a system with similar or advanced capabilities.
5. A determination has been made that Spain can provide substantially the same degree of protection for the sensitive technology being released as the U.S. Government. This proposed sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification.
6. All defense articles and services listed in this transmittal have been authorized for release and export to the Government of Spain.
Vote Explanation
Page S4792 · Official textMadam President, this afternoon, I missed rollcall vote No. 238, confirmation of the nomination of Kasdin Miller Mitchell to be U.S. District Judge for the Northern District of Texas. Had I been present, I would have voted no.
Tribute to Shaun Sullivan
Pages S4792–S4793 · Official textMadam President, I am honored to recognize Shaun Sullivan of Hampton as September's Granite Stater of the Month for his extraordinary commitment to public service and nearly two decades of work supporting vulnerable children in Rwanda.
Shaun's commitment to serving others began in New Hampshire. After attending Lakes Region Community College to learn about fire science and emergency services, he served as an on-call firefighter in Merrimack. He then spent a decade fighting wildfires across the country, including 6 years on a specialized "hotshot crew" in California and as an Alaska smokejumper that tackled the biggest and most severe wildfires. And during his off seasons from firefighting, Shaun went to Rwanda, often staying for months at a time.
Shaun first traveled to Rwanda in 2008, eager to experience another culture and find a meaningful way to help others. When he returned in 2010, he began teaching English to adults and looking for an opportunity to volunteer with children. Through local connections, Shaun was introduced to Ubaka U Rwanda, a home for homeless children. Many of the children had experienced profound hardship, and the home offered them the stability and care they needed to build a brighter future. Shaun quickly became part of the family, spending his days tutoring the children, playing soccer, cooking and sharing meals, and helping children with their studies. He has now traveled to Rwanda 17 times, forming relationships that have lasted for years and watching children he once knew grow into adults with careers and families of their own.
Over the years, Shaun has worked tirelessly to raise money and build a community of support for Ubaka U Rwanda. His early fundraising efforts in California included organizing running challenges with fellow firefighters to raise money and awareness for the home. Since returning to New Hampshire, Shaun has continued raising money with the support of members in his community. His dedication has inspired others to become personally involved, with fellow New Hampshire fire fighters, friends, and family members traveling with him to Rwanda and some returning year after year. Shaun now holds his running fundraiser in Rwanda, completing most of a marathon himself before running the final miles alongside the children he has worked for years to support.
Today, Shaun continues to serve as a firefighter in Portsmouth while returning to Rwanda each year. Nearly two decades after his first trip, Shaun remains committed to raising awareness and support for Ubaka U Rwanda so that the home can continue providing vulnerable children with a safe place to grow and thrive. Shaun's compassion and commitment to serving others both at home and abroad are why I am proud to name him September's Granite Stater of the Month.
Tribute to Dennis Larsen
Page S4793 · Official textMadam President, I rise today to honor the extraordinary career of a good friend, retiring Tulsa Police Chief Dennis Larsen.
A native of Tulsa, OK, Dennis graduated from Oklahoma State University with a degree in political science while also serving our Nation in the U.S. Air Force. Dennis joined the Tulsa Police Department in 1979 and spent the better part of the next five decades in public service. During his stellar career, he patrolled the streets of Tulsa, arrested drug dealers while working undercover, and served as a bomb technician.
Dennis earned the rank of deputy chief in 2007. As deputy chief over operations, he was responsible for over 500 officers in all four uniform divisions, as well as budgeting and the personnel and payroll offices. He then became deputy chief over investigations, where he had command over the investigations bureau, which consists of the detective and special investigations divisions, the forensic laboratory, and fleet management.
Chief Larsen's distinguished career is highlighted by multiple certifications and advanced training. He is a graduate of the FBI's 185th National Academy and the 42nd FBI National Executive Institute. In addition, he holds certifications in FBI Hazardous Devices, FBI Weapons of Mass Destruction, Domestic Preparedness, Department of Homeland Security Infrastructure Protection, and U.S. Secret Service Dignitary Protection. During his years serving Tulsa, he earned three Chief Awards, four Departmental Commendations, and the Life Saving Award.
Dennis was also recognized by the Department of Justice as the third-longest serving bomb technician in the United States. Notably, he coordinated the Tulsa Police Bomb Squad's immediate response to the tragic Oklahoma City bombing in 1995 and personally spent more than 100 days on site at the Alfred P. Murrah Federal Building in Oklahoma City, where he assisted the investigation into the worst act of domestic terrorism in our Nation's history. The Federal Government later called on him to serve with a hand-picked group of hazardous devices technicians who developed an anti-terrorism strategy that has since protected millions of Americans across the country. As chief, he represented Tulsa in a variety of key law enforcement issues on a national level through the Major Cities Chiefs Association.
With this immensely successful career, it would have been easy for Dennis to retire early or exit public service. But his loyalty to the Tulsa Police Department and the city of Tulsa caused Dennis to answer the call to serve as Tulsa's 41st chief of police in 2024. Dennis always maintained that the safety of his officers was paramount, and he proved this by ensuring they had extensive training and the equipment they needed to protect citizens and themselves. As a leader, Dennis was known both for the care he showed his officers and the professionalism, fairness, transparency, team building, and strategic planning he exhibited at every level to ensure Tulsa continued its tradition of policing excellence.
Under Chief Larsen's watch, the city of Tulsa saw a notable, double-digit drop in crime. Tulsa is a better, safer community because of Dennis's courage, leadership, and service. Standing beside Dennis throughout his career has been another remarkable Oklahoman, Karen Larsen. Married for 37 years, Dennis and Karen share a deep love and faith and are the proud parents of three. In her own right, Karen is a legend in northeast Oklahoma, where she spent 30 years serving the community as an evening news anchor and reporter. A six-time Emmy award winner, Karen's sharp journalism and compassionate reporting won her the respect and appreciation of countless Oklahomans. Dennis and Karen share a true and admirable partnership.
Though he has earned the title of chief, I am extraordinarily grateful that during my time in office I have simply been able to call Dennis "my friend." To me and to my staff, Dennis has always been there when we needed him. Night or day, when a problem arose, Dennis was only a phone call away, and I was always able to rely upon his word when he said something would be done. He is a man of uncompromising integrity and character. It has been my honor to work alongside him all these years. While I will miss calling my friend to ask about law enforcement issues, I look forward to calling him to ask about the trips and adventures he and Karen will take together. They have more than earned a long, peaceful, and blessed retirement with plenty of time spent with the kids and grandkids. Hopefully, for Karen's sake, there are quite a few destination vacations already planned.
Dennis and Karen, thank you my friends for all that you have given to the people of Oklahoma. We are all grateful, we wish you the very best, and we know that our State is better today because of all you have done for us. May God continue to bless you both in your many days ahead.
Tribute to the Todd Family
Pages S4793–S4794 · Official textMadam President, I rise today to recognize the Todd family of Todd Family Farm in Carroll County, IN, and an extraordinary milestone in their family's history: 150 consecutive years of stewardship of their farm.
Since 1876, generations of the Todd family have cared for the same land, building a legacy rooted in agriculture, hard work, faith, family, and service. What began as a family homestead grew over time to encompass thousands of acres and became home to the Todd Hybrid Seed Company, which developed and distributed seed corn to farmers across the country and was an important part of the agricultural economy of Carroll County for decades.
This year, the State of Indiana recognized that remarkable legacy by presenting the Todd Family Farm with the Hoosier Homestead Sesquicentennial Award. The award honors farms that have remained in the same family for 150 years, a distinction that speaks not only to longevity but to the commitment required of generation after generation to preserve and protect a family farm.
The Todd family's legacy also extends to my home State of Kentucky. Catherine Todd Bailey, a daughter of John Harvey and Clystia Martell Todd, now makes her home in Louisville. A native of Carroll County, Cathy carried the Todd family's tradition of service with her to Kentucky and later onto the world stage, serving as U.S. Ambassador to Latvia.
For a family to maintain its connection to the same land for a century and a half is a remarkable achievement. It represents perseverance through changing times, devotion to family, and a determination to pass something meaningful from one generation to the next.
I congratulate Cathy Bailey, Marlene Todd Stout, and the entire Todd family as they celebrate 150 years of the Todd Family Farm and the enduring legacy their family has built in Indiana, Kentucky, and across our Nation.
Tribute to Marvin Barnes
Page S4794 · Official textMadam President, the Gem State is made strong by the hard-working, dedicated, and selfless actions of Idahoans. Across our State, hundreds of thousands of veterans, first responders, volunteers, and public servants go above and beyond for the communities they call home. These people are pillars of our State and are essential to keeping Idaho the best place to live, work, and raise a family. Through my Idaho Service Spotlight, I recognize these exceptional Idahoans whose service and leadership have made a lasting impact on the Gem State. Today, I am pleased to recognize Marvin Barnes as an Idaho Service Spotlight recipient for the month of September 2026.
Following in the footsteps of his father and uncles, Marvin joined the Air Force in 1962. Throughout his military career, Marvin earned numerous awards for his courage, dedication, and professionalism, including three Meritorious Service Medals and the Air Force Commendation Medal. Even after retiring from Active Duty in 1982, Marvin continued to serve his country as a recruiter. During the Vietnam war, Marvin was part of a two-man team tasked with developing Air Force Medical Corps recruiting and later trained enlisted airmen and officers as a master instructor in the Air Force School of Applied Aerospace Sciences.
Today, Marvin resides in Twin Falls with his wife Kathy and remains deeply committed to serving the community. An active member of Joining Forces Magic Valley, he provides support and fellowship to local veterans and their families. Whether it is helping a veteran obtain a vehicle so they could commute to work or securing heat for the home of a veteran's widow, Marvin is always ready to step up for a military family in need.
Marvin's efforts extend far beyond the veteran community. He has been instrumental in the success of Mustard Seed Ministries, a local nonprofit which offers food, clothing, and financial assistance to Magic Valley residents. He also uses his talent for 3D printing to give back, creating and gifting items to nurses, doctors, special needs children, and anyone facing hardship.
Faith has long been at the heart of Marvin's service. Recently, in the aftermath of a tragic shooting in Twin Falls, he was among the many individuals who gathered to support, console, and pray with their neighbors. While Marvin does not keep track of his good deeds, his kindness, compassion, and generosity are well known throughout the Magic Valley.
On behalf of the people of Idaho, I thank and congratulate Marvin for being selected as an Idaho Service Spotlight recipient for the month of September 2026. You reflect the very best of our State, and Idaho is stronger because of your actions.
Tribute to Michelle Martinez
Page S4794 · Official textMadam President, the Gem State is made strong by the hard-working, dedicated, and selfless actions of Idahoans. Across our State, hundreds of thousands of veterans, first responders, volunteers, and public servants go above and beyond for the communities they call home. These people are pillars of our State and are essential to keeping Idaho the best place to live, work, and raise a family. Through my Idaho Service Spotlight, I recognize these exceptional Idahoans whose service and leadership have made a lasting impact on the Gem State. Today, I am pleased to recognize Michelle Martinez as an Idaho Service Spotlight recipient for the month of August 2026.
For almost a decade, Michelle Martinez has been the director of the Melba Valley Senior Center. Every month, she and her team serves more than 45,000 pounds of food to over 1,200 families in the form of hot nutritious meals and the facility's pantry. While her role is specific to the senior center, Michelle offers food and positive social interaction to anyone in the community in need.
Each November, Michelle hosts a community Thanksgiving at the senior center. Alongside a group of volunteers, Michelle makes a home cooked Thanksgiving feast with several turkeys and sides made from scratch. Their delicious offerings attract a large number of local residents, and Michelle makes sure every person that walks through the doors leaves with a full stomach.
Michelle also coordinates the Melba Valley Farmers Market. Originally started to combat isolation during the pandemic, the market creates an environment for members of the community to gather and grow new relationships. In its 6 years of operation, Michelle has watched camaraderie flourish, and she looks forward to the continuation of this project.
Michelle serves her community because she believes that everyone has a responsibility to make the world a better place. Whether through a smile or a shared laugh, Michelle is proof that even the smallest act can have a significant, meaningful impact on the lives of others. She has, without a doubt, built spaces for people to gather and share those important moments.
On behalf of the people of Idaho, I thank and congratulate Michelle for being selected as an Idaho Service Spotlight recipient for the month of August 2026. You reflect the very best of our state, and Idaho is stronger because of your actions.
Messages from the President
Page S4794 · Official textMessages from the President of the United States were communicated to the Senate by Mr. Hanley, one of his secretaries.
Executive Messages Referred
Page S4794 · Official textAs in executive session the Presiding Officer laid before the Senate messages from the President of the United States submitting sundry withdrawals which were sent to the appropriate committees. (The messages received today are printed at the end of the Senate proceedings.)
Messages from the House
Pages S4794–S4795 · Official textAt 10:03 a.m., a message from the House of Representatives, delivered by Mrs. Cole, one of its reading clerks, announced that the House has passed the following bill, without amendment:
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S. 2403. An act to amend the Employee Retirement Income Security Act of 1974 to provide a clear definition of adequate consideration for certain closely held stock, and for other purposes.
The message also announced that the House has passed the following bill, in which it requests the concurrence of the Senate:
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H.R. 9340. An act to amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers, and for other purposes.
The message further announced that the House agreed to the amendments of the Senate to the bill (H.R. 5334) to amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, and for other purposes. At 11:59 a.m., a message from the House of Representatives, delivered by Mrs. Cole, one of its reading clerks, announced that the House has passed the following bills and joint resolution, in which it requests the concurrence of the Senate:
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H.R. 6006. An act to designate the facility of the United States Postal Service located at 401 North Elm Street in Tuskegee, Alabama, as the "Tuskegee Airmen Memorial Post Office".
H.R. 7365. An act to designate the facility of the United States Postal Service located
at 1225 Kempsville Road in Virginia Beach, Virginia, as the "Colonel Edward Shames Post Office Building".
H.R. 7730. An act to amend title 11, United States Code, to modify certain bankruptcy eligibility requirements, and for other purposes.
H.R. 7834. An act to limit liability for certain entities storing child sexual abuse material for law enforcement agencies, and for other purposes.
H.R. 7890. An act to amend the Elementary and Secondary Education Act of 1965 to exclude certain instructional approaches from comprehensive literacy instruction, to prioritize certain funds to promote the use of evidence-based literacy instruction and supports aligned to the science of reading, and for other purposes.
H.R. 8193. An act to designate the facility of the United States Postal Service located at 189 East Main Street in Xenia, Ohio, as the "Gil Whitney Post Office Building".
H.R. 9086. An act to amend the Foreign Service Act of 1980 to modify and improve that Act.
H.R. 9191. An act to amend chapter 3 of title 36, United States Code, to designate the American mastodon as the national fossil mammal and the Tyrannosaurus rex as the national fossil dinosaur of the United States, and for other purposes.
H.R. 9497. An act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.
H.R. 9570. An act to designate the facility of the United States Postal Service located at 117 West Lovett Street in Charlotte, Michigan, as the "Francis C. Flaherty Post Office Building".
H.R. 9576. An act to establish the National Fraud Enforcement Division of the Department of Justice.
H.R. 10326. An act to enhance information-sharing capabilities between Federal law enforcement and State agencies to detect, investigate, and prosecute fraud in certain Federal programs, and to protect individual privacy.
H.J. Res. 213. Joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule issued by the Environmental Protection Agency relating to the "California State Nonroad Engine Pollution Control Standards; Commercial Harbor Craft Regulations; Notice of Decision".
The message further announced that the Speaker has signed the following enrolled bills:
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S. 550. An act to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
S. 603. An act to designate the General George C. Marshall House, in the Commonwealth of Virginia, as an affiliated area of the National Park System, and for other purposes.
S. 759. An act to provide for standardization, publication, and accessibility of data relating to public outdoor recreational use of Federal waterways, and for other purposes.
S. 790. An act to redesignate the National Historic Trails Interpretive Center in Casper, Wyoming, as the "Barbara L. Cubin National Historic Trails Interpretive Center".
H.R. 3657. An act to amend the Federal Power Act to require the Federal Energy Regulatory Commission to annually submit to Congress a report on the status of ongoing hydropower relicensing applications.
H.R. 5334. An act to impose sanctions and other measures with respect to the Russian Federation, as championed by the late Senator Lindsey O. Graham, and for other purposes.
H.R. 7250. An act to reauthorize the Fort Peck Reservation Rural Water System Act of 2000.
The enrolled bills were subsequently signed by the President pro tempore (Mr. Grassley).
Measures Referred
Page S4795 · Official textThe following bills were read the first and the second times by unanimous consent, and referred as indicated:
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H.R. 6006. An act to designate the facility of the United States Postal Service located at 401 North Elm Street in Tuskegee, Alabama, as the "Tuskegee Airmen Memorial Post Office"; to the Committee on Homeland Security and Governmental Affairs.
H.R. 7365. An act to designate the facility of the United States Postal Service located at 1225 Kempsville Road in Virginia Beach, Virginia, as the "Colonel Edward Shames Post Office Building"; to the Committee on Homeland Security and Governmental Affairs.
H.R. 7890. An act to amend the Elementary and Secondary Education Act of 1965 to exclude certain instructional approaches from comprehensive literacy instruction, to prioritize certain funds to promote the use of evidence-based literacy instruction and supports aligned to the science of reading, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.
H.R. 8193. An act to designate the facility of the United States Postal Service located at 189 East Main Street in Xenia, Ohio, as the "Gil Whitney Post Office Building"; to the Committee on Homeland Security and Governmental Affairs.
H.R. 9086. An act to amend the Foreign Service Act of 1980 to modify and improve that Act; to the Committee on Foreign Relations.
H.R. 9191. An act to amend chapter 3 of title 36, United States Code, to designate the American mastodon as the national fossil mammal and the Tyrannosaurus rex as the national fossil dinosaur of the United States, and for other purposes; to the Committee on the Judiciary.
H.R. 10326. An act to enhance information-sharing capabilities between Federal law enforcement and State agencies to detect, investigate, and prosecute fraud in certain Federal programs, and to protect individual privacy; to the Committee on the Judiciary.
Measures Discharged
Page S4795 · Official textThe following joint resolution was discharged from the Committee on the Judiciary, by petition, pursuant to 5 U.S.C. 802(c), and placed on the calendar:
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S.J. Res. 213. A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by U.S. Immigration and Customs Enforcement of the Department of Homeland Security relating to "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media".
Measures Read the First Time
Page S4795 · Official textThe following bills were read the first time:
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H.R. 9576. An act to establish the National Fraud Enforcement Division of the Department of Justice.
S. 5438. A bill to ratify and approve all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the establishment and administration of the Coastal Plain oil and gas leasing program, and for other purposes.
Executive and Other Communications
Pages S4795–S4796 · Official textThe following communications were laid before the Senate, together with accompanying papers, reports, and documents, and were referred as indicated:
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EC-4710. A communication from the Clerk of the Board, Merit Systems Protection Board, transmitting, pursuant to law, the report of a rule entitled "Determining the Appropriate Penalty for Federal Employees Charged With Misconduct" (RIN3124-AA35) received in the Office of the President of the Senate on September 14, 2026; to the Committee on Homeland Security and Governmental Affairs.
EC-4711. A communication from the Chairman, Occupational Safety and Health Review Commission, transmitting, pursuant to law, a report of the Commission's Strategic Plan for 2026-2030; to the Committee on Homeland Security and Governmental Affairs.
EC-4712. A communication from the Acting Branch Chief of the Regulatory Management Branch, Environmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled "Bacillus amyloliquefaciens strain AT-332; Exemption from the Requirement of a Pesticide Tolerance" (FRL No. 13314-01-OCSPP) received in the Office of the President of the Senate on September 14, 2026; to the Committee on Agriculture, Nutrition, and Forestry.
EC-4713. A communication from the Chairman of the Council of the District of Columbia, transmitting, pursuant to law, a report on D.C. Act 26-314, "Schools First Amendment Act of 2026"; to the Committee on
Homeland Security and Governmental Affairs.
EC-4714. A communication from the Chief Regulatory Officer, Citizenship and Immigration Services, Department of Homeland Security, transmitting, pursuant to law, the report of a rule entitled "Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States" (RIN1615-AD24) received during adjournment of the Senate in the Office of the President of the Senate on September 10, 2026; to the Committee on the Judiciary.
EC-4715. A communication from the Supervisory Attorney Advisor, Executive Office for Immigration Review, Department of Justice, transmitting, pursuant to law, the report of a rule entitled "Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027" (RIN1125-AB42) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on the Judiciary.
EC-4716. A communication from the Agency Representative, Patent and Trademark Office, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "International Trademark Classification Changes" (RIN0651-AD96) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on the Judiciary.
EC-4717. A communication from the Federal Register Liaison, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled "Procedures for Changes in Method of Accounting for Research or Experimental Expenditures and Certain Construction Contracts" (Rev. Proc. 2026-32) received during adjournment of the Senate in the Office of the President of the Senate on September 10, 2026; to the Committee on Finance.
EC-4718. A communication from the Section Chief, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled "Car Loan Interest Deduction" (RIN1545-BR75) received during adjournment of the Senate in the Office of the President of the Senate on September 10, 2026; to the Committee on Finance.
EC-4719. A communication from the Senior Bureau Official, Legislative Affairs, Department of State, transmitting, pursuant to section 36(c) of the Arms Export Control Act, the certification of a proposed license for the export of defense articles, including technical data, and defense services to Qatar and the United Kingdom in the amount of $50,000,000 or more (Transmittal No. DDTC 26-060); to the Committee on Foreign Relations.
EC-4720. A communication from the Congressional and Public Affairs Specialist, Bureau of Industry and Security, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Revisions to the Entity List" (RIN0694-AK49) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Banking, Housing, and Urban Affairs.
EC-4721. A communication from the Congressional and Public Affairs Specialist, Bureau of Industry and Security, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled "Removal from the Entity List" (RIN0694-AK52) received during adjournment of the Senate in the Office of the President of the Senate on September 4, 2026; to the Committee on Banking, Housing, and Urban Affairs.
Reports of Committees
Pages S4796–S4797 · Official textThe following reports of committees were submitted:
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By Mr. CRAPO, from the Committee on Finance, without amendment:
S. 5441. An original bill to improve services provided to taxpayers by the Internal Revenue Service (Rept. No. 119-145).
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
S. 91. A bill to improve Federal activities relating to wildfires, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, without amendment:
S. 291. A bill to establish an interest-bearing account for the non-Federal contributions to the Lower Colorado River Multi-Species Conservation Program, and for other purposes.
H.R. 837. An act to require the Secretary of Agriculture to convey the Pleasant Valley Ranger District Administrative Site to Gila County, Arizona.
S. 1257. A bill to amend the Infrastructure Investment and Jobs Act to authorize the use of funds for certain additional Carey Act projects, and for other purposes.
S. 1288. A bill to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to designate as a component of the National Heritage Area System the Finger Lakes National Heritage Area in the State of New York, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment:
S. 1321. A bill to amend the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to provide for the transfer of the Moab site to Grand County, Utah, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, without amendment:
S. 1413. A bill to authorize additional funding for the San Joaquin River Restoration Settlement Act.
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
S. 2015. A bill to direct the Secretary of the Interior and the Secretary of Agriculture to encourage and expand the use of prescribed fire on land managed by the Department of the Interior or the Forest Service, with an emphasis on units of the National Forest System in the western and southeastern United States, to acknowledge and support the long-standing use of cultural burning by Indian Tribes and Indigenous practitioners, and for other purposes.
S. 2016. A bill to exchange non-Federal land held by the Chugach Alaska Corporation for certain Federal Land in the Chugach Region, and for other purposes.
S. 2437. A bill to amend the Snow Water Supply Forecasting Program Authorization Act to reauthorize the Snow Water Supply Forecasting Program, and for other purposes.
S. 2498. A bill to authorize the Secretary of the Interior to extend certain leases within units of the National Park System without opening the lease to bidding.
S. 2554. A bill to provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, with amendments:
S. 2753. A bill to amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern.
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
S. 2754. A bill to direct the Secretary of Agriculture to convey to the City of Ouray, Colorado, certain land managed by the Forest Service, together with a reservoir.
S. 2767. A bill to authorize the Secretary of the Interior to enter into an agreement with the Gateway Arch Park Foundation to host private events in Gateway Arch National Park buildings, and for other purposes.
S. 2801. A bill to authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating the Canterbury Shaker Village National Heritage Area, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, without amendment:
S. 2887. A bill to amend the National Trails System Act to designate the Route 66 National Historic Trail, and for other purposes.
S. 2933. A bill to redesignate a playground in the New River Gorge National Park and Preserve in the State of West Virginia as the "Hearts of Gold Playground: In Honor of West Virginia Children and Families Impacted by Childhood Cancer".
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
S. 3194. A bill to authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain land in California as the Monterey Bay National Heritage Area, and for other purposes.
S. 3693. A bill to extend the authorization for a large-scale water recycling and reuse grant program.
S. 3715. A bill to establish the Chiricahua National Park in the State of Arizona as a unit of the National Park System, and for other purposes.
S. 3720. A bill to amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating the Bay Area Ridge as a national scenic trail, and for other purposes.
S. 3723. A bill to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water from the Missouri River to the Western Dakota Regional Water System, and for other purposes.
S. 3725. A bill to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to expand the capacity and reach of the Lewis and Clark Rural Water System, Inc. (doing business as "Lewis & Clark Regional Water System"), in the States of Iowa, Minnesota, and South Dakota.
S. 3732. A bill to amend the Water Infrastructure Improvements for the Nation Act to authorize assistance under the storage program, and for other purposes.
S. 3736. A bill to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to the Dakota Mainstem Regional Water System service area in the States of South Dakota, Iowa, Nebraska, and Minnesota, and for other purposes.
S. 3738. A bill to amend the Infrastructure Investment and Jobs Act to reauthorize the large-scale water recycling and reuse program, to establish a Water Conveyance Improvement Program, and for other purposes.
S. 3743. A bill to direct the Secretary of the Interior to carry out a feasibility study on a selective water withdrawal system at Glen Canyon Dam, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, with amendments:
S. 3792. A bill to provide for the establishment of a Water Project Navigators Program, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
H.R. 3857. An act to amend the Snow Water Supply Forecasting Program Authorization Act.
By Mr. LEE, from the Committee on Energy and Natural Resources, without amendment:
H.R. 3872. An act to amend the Mineral Leasing Act for Acquired Lands to make that Act applicable to hardrock minerals.
S. 4040. A bill to amend Public Law 89-108 to modify the authorization of appropriations for State and Tribal, municipal, rural, and industrial water supplies, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
S. 4041. A bill to reauthorize the Cooperative Watershed Management Program, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, without amendment:
S. 4238. A bill to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to designate as a component of the National Heritage Area System the Endless Mountains National Heritage Area in the State of Pennsylvania, and for other purposes.
S. 4538. A bill to amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating Washington's Trail-1753 as a national historic trail, and for other purposes.
S. 5039. A bill to amend the Mineral Leasing Act to extend the period of time during which the Secretary of the Interior is required to collect a fee for each new application for a permit to drill, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
H.R. 5254. An act to authorize the Secretary of the Interior to enter into an agreement with the Gateway Arch Park Foundation to host private events in Gateway Arch National Park buildings, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, without amendment:
H.R. 5631. An act to promote responsible geothermal energy development on public lands, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, with an amendment in the nature of a substitute:
H.R. 6365. An act to require the Secretary of the Interior to issue a right-of-way for an emergency exit on certain National Park Service land in the State of Virginia, and for other purposes.
By Mr. LEE, from the Committee on Energy and Natural Resources, without amendment:
H.R. 7831. An act to amend the Mineral Leasing Act to extend the period of time during which the Secretary of the Interior is required to collect a fee for each new application for a permit to drill, and for other purposes.
Executive Reports of Committee
Page S4797 · Official textThe following executive reports of nominations were submitted:
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By Mr. SCOTT, of South Carolina, for the Committee on Banking, Housing, and Urban Affairs.
*Jeffrey Ledbetter, of Virginia, to be Inspector General, Department of Housing and Urban Development.
*Irving Dennis, of Ohio, to be Chief Financial Officer, Department of Housing and Urban Development.
*Abby Warren, of Virginia, to be an Assistant Secretary of Commerce.
*Brian Johnson, of Ohio, to be Director, Bureau of Consumer Financial Protection for a term of five years.
*Nomination was reported with recommendation that it be confirmed subject to the nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate.
Introduction of Bills and Joint Resolutions
Pages S4797–S4798 · Official textThe following bills and joint resolutions were introduced, read the first and second times by unanimous consent, and referred as indicated:
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By Mr. CASSIDY:
S. 5420. A bill to amend the Internal Revenue Code of 1986 to increase the qualified elementary and secondary education scholarships credit limit for married taxpayers filing a joint return; to the Committee on Finance.
By Mr. CASSIDY:
S. 5421. A bill to amend the Internal Revenue Code of 1986 to eliminate the State opt-in requirement for the qualified elementary and secondary education scholarship credit; to the Committee on Finance.
By Mr. COTTON:
S. 5422. A bill to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to designate as a component of the National Heritage Area System the Arkansas Delta National Heritage Area in the State of Arkansas, and for other purposes; to the Committee on Energy and Natural Resources.
By Mr. KENNEDY:
S. 5423. A bill to amend the Internal Revenue Code of 1986 to increase the deduction for certain expenses of elementary and secondary school teachers and to allow an equivalent deduction for home educators; to the Committee on Finance.
By Ms. BLUNT ROCHESTER:
S. 5424. A bill to amend titles XVIII and XIX of the Social Security Act to increase access to community health workers under the Medicare and Medicaid programs; to the Committee on Finance.
By Ms. HASSAN (for herself and Mr. Scott of South
Carolina):
S. 5425. A bill to authorize the Secretary of Health and Human Services to establish a centralized application for substance use disorder grant programs, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.
By Mrs. MOODY:
S. 5426. A bill to amend title 28, United States Code, to establish the National Fraud Enforcement Division of the Department of Justice; to the Committee on the Judiciary.
By Mr. SCOTT of Florida:
S. 5427. A bill to require annual reports on the implementation of the strategic plan to counter illicit cross-border tunnel operations; to the Committee on Homeland Security and Governmental Affairs.
By Mr. KIM (for himself, Mrs. Murray, Ms. Duckworth,
Mrs. Gillibrand, Ms. Warren, Mr. Padilla, Ms. Hirono,
Mr. Sanders, and Mr. Markey):
S. 5428. A bill to amend titles II and XVIII of the Social Security Act to eliminate the disability insurance benefits waiting period for individuals with disabilities, and for other purposes; to the Committee on Finance.
By Mr. SCHIFF:
S. 5429. A bill to amend the Food and Nutrition Act of 2008 to allow benefits under the supplemental nutrition assistance program to be used to purchase on-campus meals; to the Committee on Agriculture, Nutrition, and Forestry.
By Mr. BOOKER:
S. 5430. A bill to provide for research and improvement of cardiovascular health among the South Asian population of the United States, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.
By Mr. BOOKER (for himself, Ms. Hirono, Mr. Padilla,
Mr. Kaine, Mr. Durbin, Mr. Blumenthal, Mr. Merkley,
Ms. Klobuchar, Ms. Warren, and Mr. Van Hollen):
S. 5431. A bill to remove college cost as a barrier to every student having access to a well-prepared and diverse educator workforce, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.
By Mr. SCHIFF (for himself and Mr. Welch):
S. 5432. A bill to amend the Richard B. Russell National School Lunch Act to authorize the Secretary of Agriculture to make grants to certain institutions of higher education to provide free meals to low-income students, and for other purposes; to the Committee on Agriculture, Nutrition, and Forestry.
By Mr. PADILLA (for himself, Mr. Curtis, Mr. Merkley,
and Mr. Sheehy):
S. 5433. A bill to authorize the Federal Wildland Firefighter Health and Wellbeing Program, a comprehensive initiative to improve the health of Federal wildland firefighters, and for other purposes; to the Committee on Homeland Security and Governmental Affairs.
By Mr. WELCH (for himself and Mr. Van Hollen):
S. 5434. A bill to amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable electricity standard for retail electricity suppliers, and for other purposes; to the Committee on Energy and Natural Resources.
By Mr. MURPHY:
S. 5435. A bill to prohibit immigration enforcement actions at school bus stops for children; to the Committee on the Judiciary.
By Mr. MURPHY:
S. 5436. A bill to prohibit immigration enforcement actions at child care facilities; to the Committee on the Judiciary.
By Mr. MURPHY:
S. 5437. A bill to prohibit immigration enforcement actions at children's playgrounds; to the Committee on the Judiciary.
By Mr. SULLIVAN:
S. 5438. A bill to ratify and approve all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the establishment and administration of the Coastal Plain oil and gas leasing program, and for other purposes; read the first time.
By Mr. SCHIFF:
S. 5439. A bill to direct the Secretary of Agriculture to improve safety standards for wildland firefighters; to the Committee on Agriculture, Nutrition, and Forestry.
By Mr. MERKLEY (for himself and Mr. Wyden):
S. 5440. A bill to transfer certain Federal land into trust for the benefit of the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes; to the Committee on Indian Affairs.
By Mr. CRAPO:
S. 5441. An original bill to improve services provided to taxpayers by the Internal Revenue Service; from the Committee on Finance; placed on the calendar.
By Mr. SCOTT of Florida:
S. 5442. A bill to amend the Congressional Budget Act of 1974 to provide that any estimate prepared by the Congressional Budget Office or the Joint Committee on Taxation shall include costs relating to servicing the public debt, and for other purposes; to the Committee on the Budget.
By Mr. WARNER (for himself and Mr. Wyden):
S. 5443. A bill to amend titles XI and XVIII of the Social Security Act to strengthen, increase oversight of, and compliance with, security standards for health information, and for other purposes; to the Committee on Finance.
By Mr. BENNET (for himself, Mr. Van Hollen, and Mr.
Tillis):
S. 5444. A bill to amend the Education Sciences Reform Act of 2002 to establish a National Center for Advanced Development in Education at the Institute for Education Sciences, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.
Submission of Concurrent and Senate Resolutions
Page S4798 · Official textThe following concurrent resolutions and Senate resolutions were read, and referred (or acted upon), as indicated:
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By Mrs. BLACKBURN (for herself, Mr. Hagerty, Ms. Cortez
Masto, Ms. Smith, Ms. Collins, Mr. Kennedy, Mr.
Hickenlooper, Mr. Lujan, Mr. Heinrich, Ms. Lummis,
Mr. Van Hollen, Mr. Justice, Mr. Blumenthal, Mrs.
Hyde-Smith, Mrs. Gillibrand, Mr. Schiff, and Mr.
Ricketts):
S. Res. 862. A resolution honoring the life and legacy of Dolly Parton, a daughter of Tennessee whose extraordinary contributions to music, philanthropy, literacy, education, health, conservation, and culture enriched the lives of countless Americans; considered and agreed to.
By Mr. REED (for himself, Ms. Collins, Mr. King, Mr.
Whitehouse, Mr. Blumenthal, and Mr. Durbin):
S. Res. 863. A resolution expressing support for designation of the week of September 13 through 19, 2026, as "National Adult Education and Family Literacy Week"; to the Committee on Health, Education, Labor, and Pensions.
By Mr. WHITEHOUSE (for himself, Mr. Cassidy, Ms.
Alsobrooks, Ms. Baldwin, Mr. Blumenthal, Ms. Blunt
Rochester, Mr. Booker, Ms. Cantwell, Mr. Coons, Ms.
Hassan, Ms. Hirono, Mr. Kaine, Mr. Kennedy, Mr. Kim,
Mr. King, Mr. Markey, Mr. Merkley, Mr. Murphy, Mrs.
Murray, Mr. Padilla, Mr. Reed, Mr. Schatz, Mr.
Schiff, Mrs. Shaheen, Mr. Van Hollen, Mr. Warner, Ms.
Warren, Mr. Wicker, and Mr. Wyden):
S. Res. 864. A resolution expressing support for the designation of the week of September 19 through September 26, 2026, as "National Estuaries Week"; to the Committee on Environment and Public Works.
By Mr. MARKEY (for himself, Mr. Budd, Mr. Schiff, and
Mr. Curtis):
S. Res. 865. A resolution expressing the sense of the Senate that the People's Republic of China has engaged in the arbitrary or wrongful detention of American academics and has otherwise harmed the prospects for scientific collaboration and people-to-people exchanges between the United States and the People's Republic of China; to the Committee on Foreign Relations.
By Mr. RICKETTS (for himself and Mr. Schiff):
S. Res. 866. A resolution supporting the designation of October 2026 as "Substance Use & Misuse Prevention Month" to raise awareness of substance use and misuse in the United States; to the Committee on Health, Education, Labor, and Pensions.
By Mr. HUSTED (for himself and Mr. Lujan):
S. Res. 867. A resolution designating the week of September 14 through September 20, 2026, as "Interscholastic Athletic Administration Week"; to the Committee on the Judiciary.
By Mr. MERKLEY (for himself, Ms. Baldwin, Mr.
Blumenthal, Mr. Booker, Mr. Coons, Ms. Duckworth, Mr.
Fetterman, Mrs. Gillibrand, Ms. Hirono, Mr. Kaine,
Mr. Markey, Mrs. Murray, Mr. Padilla, Mr. Sanders,
Mr. Schatz, Mr. Schiff, Ms. Smith, Ms. Warren, Mr.
Whitehouse, and Mr. Wyden):
S. Res. 868. A resolution recognizing September 20, 2026, as "National LGBTQ+ Servicemembers and Veterans Day"; to the Committee on Veterans' Affairs.
By Mrs. MOODY:
S. Res. 869. A resolution expressing the sense of the Senate that the third Friday of September should be recognized as "National POW/MIA Recognition Day"; to the Committee on Armed Services.
Additional Cosponsors
Pages S4798–S4799 · Official textAt the request of Mr. Crapo, the names of the Senator from Ohio (Mr. Moreno) and the Senator from Indiana (Mr. Young) were added as cosponsors of S. 364, a bill to amend the Internal Revenue Code of 1986 to remove silencers from the definition of firearms, and for other purposes. At the request of Mr. Daines, the name of the Senator from Indiana (Mr. Young) was added as a cosponsor of S. 537, a bill to prohibit the Secretary of the Interior and the Secretary of Agriculture from prohibiting the use of lead ammunition or tackle on certain Federal land or water under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture, and for other purposes. At the request of Mr. Tillis, the name of the Senator from Montana (Mr. Daines) was added as a cosponsor of S. 1031, a bill to amend Title XVIII of the Social Security Act to create a Radiation Oncology Case Rate Value Based Payment Program exempt from budget neutrality adjustment requirements, and to amend section 1128A of title XI of the Social Security Act to create a new statutory exception for the provision of free or discounted transportation for radiation oncology patients to receive radiation therapy services. At the request of Ms. Baldwin, the name of the Senator from Colorado (Mr. Hickenlooper) was added as a cosponsor of S. 1677, a bill to provide health insurance benefits for outpatient and inpatient items and services related to the diagnosis and treatment of a congenital anomaly or birth defect. At the request of Mr. Hagerty, the names of the Senator from Ohio (Mr. Moreno) and the Senator from Indiana (Mr. Young) were added as cosponsors of S. 1715, a bill to prohibit payment card networks and covered entities from requiring the use of or assigning merchant category codes that distinguish a firearms retailer from a general merchandise retailer or sporting goods retailer, and for other purposes. At the request of Mr. Crapo, the name of the Senator from Nebraska (Mrs. Fischer) was added as a cosponsor of S. 2019, a bill to establish a Task Force for Recognizing and Averting Payment Scams, and for other purposes. At the request of Ms. Murkowski, the name of the Senator from Wisconsin (Ms. Baldwin) was added as a cosponsor of S. 2903, a bill to amend the Employee Retirement Income Security Act of 1974 to require a group health plan or health insurance coverage offered in connection with such a plan to provide an exceptions process for any medication step therapy protocol, and for other purposes. At the request of Mr. Cassidy, the name of the Senator from Ohio (Mr. Husted) was added as a cosponsor of S. 3265, a bill to amend the Internal Revenue Code of 1986 to improve and enhance the work opportunity tax credit, to encourage longer-service employment, and to modernize the credit to make it more effective as a hiring incentive for targeted workers, and for other purposes. At the request of Mr. Cornyn, the name of the Senator from Montana (Mr. Sheehy) was added as a cosponsor of S. 3332, a bill to amend the Internal Revenue Code of 1986 to increase the exclusion of gain from the sale of a principal residence, and for other purposes. At the request of Mr. Gallego, the name of the Senator from Virginia (Mr. Warner) was added as a cosponsor of S. 3387, a bill to prohibit certain uses of automated decision systems to inform individualized prices, and for other purposes. At the request of Ms. Graham, her name was added as a cosponsor of S. 3605, a bill to amend the Internal Revenue Code of 1986 to allow a portion of general business credit carryforwards to be transferred by certain taxpayers affected by federally declared disasters and other incidents. At the request of Mr. McCormick, the names of the Senator from Nebraska (Mrs. Fischer) and the Senator from Maine (Mr. King) were added as cosponsors of S. 4395, a bill to reauthorize the Terrorism Risk Insurance Act of 2002, and for other purposes. At the request of Mr. Markey, the name of the Senator from New Mexico (Mr. Heinrich) was added as a cosponsor of S. 4411, a bill to clarify eligibility for small business loans, and for other purposes. At the request of Mr. Moreno, the name of the Senator from Minnesota (Ms. Klobuchar) was added as a cosponsor of S. 4429, a bill to prohibit the importation, manufacture, sale, resale, or introduction into interstate commerce in the United States of connected vehicles and related software and hardware associated with foreign adversaries. At the request of Mr. Cornyn, the name of the Senator from Ohio (Mr. Moreno) was added as a cosponsor of S. 4775, a bill to amend the Protection of Lawful Commerce in Arms Act to clarify liability protections for firearms and associated manufacturers and retailers, and for other purposes. At the request of Mr. Markey, the name of the Senator from Georgia (Mr. Ossoff) was added as a cosponsor of S. 4814, a bill to require the Secretary of Homeland Security to designate Haiti for temporary protected status. At the request of Mr. Husted, the names of the Senator from Florida (Mrs. Moody), the Senator from Nebraska (Mr. Ricketts), the Senator from Kansas (Mr. Marshall) and the Senator from Louisiana (Mr. Kennedy) were added as cosponsors of S. 5028, a bill to amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers, and for other purposes. At the request of Mr. Budd, the names of the Senator from New Hampshire (Ms. Hassan) and the Senator from Alabama (Mr. Tuberville) were added as cosponsors of S. 5043, a bill to direct the Food and Drug Administration to prevent the importation of counterfeit, unapproved, misbranded, or adulterated drugs from the People's Republic of China or other foreign countries, to establish enhanced safeguards for imported drug products, and for other purposes. At the request of Mr. Hagerty, the name of the Senator from Ohio (Mr. Moreno) was added as a cosponsor of S. 5259, a bill to prohibit sanctuary jurisdictions from receiving community development block grants, and for other purposes. At the request of Mr. Schatz, the name of the Senator from Arizona (Mr. Kelly) was added as a cosponsor of S. 5288, a bill to restore press access to the Pentagon, and for other purposes. At the request of Mrs. Fischer, the name of the Senator from Kansas (Mr. Moran) was added as a cosponsor of S. 5336, a bill to amend title 49, United States Code, to prohibit liability at common law for failure to manufacture or equip a motor vehicle to an extent that exceeds applicable motor vehicle safety standards, and for other purposes. At the request of Mr. Lee, the name of the Senator from Missouri (Mr. Hawley) was added as a cosponsor of S. 5371, a bill to close loopholes in the immigration laws that serve as incentives to aliens to attempt to enter the United States unlawfully, and for other purposes. At the request of Mr. Moreno, the name of the Senator from Texas (Mr. Cruz) was added as a cosponsor of S.J. Res. 210, a joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating "California State Nonroad Engine Pollution Control Standards; Commercial Harbor Craft Regulations; Notice of Decision". At the request of Ms. Duckworth, the name of the Senator from Tennessee (Mrs. Blackburn) was added as a cosponsor of amendment No. 5903 intended to be proposed to S. 4784, an original bill 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.
Senate Resolution 862--Honoring the Life and Legacy of Dolly Parton, a Daughter of Tennessee Whose Extraordinary Contributions to Music , Philanthropy, Literacy, Education, Health, Conservation...
Pages S4799–S4800 · Official textDAUGHTER OF TENNESSEE WHOSE EXTRAORDINARY CONTRIBUTIONS TO MUSIC , PHILANTHROPY, LITERACY, EDUCATION, HEALTH, CONSERVATION, AND CULTURE ENRICHED THE LIVES OF COUNTLESS AMERICANS Mrs. BLACKBURN (for herself, Mr. Hagerty, Ms. Cortez Masto, Ms. Smith, Ms. Collins, Mr. Kennedy, Mr. Hickenlooper, Mr. Lujan, Mr. Heinrich, Ms. Lummis, Mr. Van Hollen, Mr. Justice, Mr. Blumenthal, Mrs. Hyde-Smith, Mrs. Gillibrand, Mr. Schiff, and Mr. Ricketts) submitted the following resolution; which was considered and agreed to:
Text printed in the Record (9,626 characters)
Whereas Dolly Rebecca Parton was born the fourth of 12 children on January 19, 1946, to Robert Lee Parton and Avie Lee Parton in
Locust Ridge, Sevier County, Tennessee, where faith, family, music, and the traditions of Appalachia inspired her lifelong calling to serve others with humility and grace;
Whereas, in the foothills of the Great Smoky Mountains, Dolly Parton developed an enduring love of music and a profound faith in her childhood, singing in her grandfather's church, writing songs, and, at the age of 10, regularly performing on the Cas Walker Show in Knoxville, Tennessee;
Whereas, in 1959, Dolly Parton made her first appearance at the Grand Ole Opry in Nashville, Tennessee, where she was introduced by Johnny Cash and received 3 encores;
Whereas, after graduating from Sevier County High School, Dolly Parton moved to Nashville to pursue a career in music and became one of the most celebrated singer-songwriters in American history;
Whereas Dolly Parton wrote and recorded songs that became timeless classics of the American songbook, including "Jolene", "Coat of Many Colors", "I Will Always Love You", and "9 to 5", while consistently drawing inspiration from her childhood, family, faith, and her East Tennessee mountain heritage;
Whereas Dolly Parton earned her first number-1 single on the Billboard Hot Country Songs chart with "Joshua" in 1970 and went on to receive numerous accolades throughout her career, including Country Music Association Awards for Female Vocalist of the Year and Entertainer of the Year and a Grammy Award for "Here You Come Again";
Whereas Dolly Parton used the success she achieved throughout her career to give back to the communities and people who shaped her life, establishing a legacy of philanthropy rooted in her home State of Tennessee;
Whereas, in 1986, Dolly Parton opened Dollywood in the Great Smoky Mountains of East Tennessee, establishing a world-class theme park that has become a premier tourist destination, creating jobs and drawing millions of visitors to the region each year;
Whereas Dolly Parton established The Dollywood Foundation in 1988 in Sevier County, Tennessee, as a nonprofit organization initially dedicated to improving educational achievement and reducing high school dropout rates among children in her home community;
Whereas, through The Dollywood Foundation, Dolly Parton established the Buddy Program in Sevier County to encourage students to remain in school including by awarding financial incentives to participating students who successfully graduated, demonstrating her early commitment to creating educational opportunities for young Tennesseans;
Whereas, in 1995, Dolly Parton established Dolly Parton's Imagination Library through The Dollywood Foundation, inspired by her father, Robert Lee Parton, who could not read or write;
Whereas the Imagination Library began by providing books to children in Dolly Parton's home county and grew into an international book-gifting program providing free, age-appropriate books to children from birth to age 5 regardless of family income;
Whereas the Imagination Library expanded from the mountains of East Tennessee to communities throughout the United States and around the world, demonstrating how an act of service beginning in a rural Tennessee community can improve the lives of millions of children and families;
Whereas, in 2014, Dolly Parton's Imagination Library was recognized through the Library of Congress Literacy Awards for its work promoting literacy, and, in 2018, Dolly Parton donated the 100,000,000th book distributed through the program to the Library of Congress;
Whereas Dolly Parton extended her commitment to the people of East Tennessee to health care, helping raise $1,000,000 in 2007 for the birthing unit at LeConte Medical Center in Sevier County, an effort that contributed to the establishment of the Dolly Parton Center for Women's Services and expanded health care resources for women and families in the region;
Whereas Dolly Parton also supported the Pediatric Cancer Program at Monroe Carell Jr. Children's Hospital at Vanderbilt, further demonstrating her longstanding commitment to improving the health and well-being of children;
Whereas Dolly Parton later continued her support for medical research in Tennessee by donating an additional $1,000,000 to Vanderbilt University Medical Center in 2022 to support pediatric infectious disease research;
Whereas Dolly Parton's philanthropy extended to the protection of wildlife and the natural heritage of Tennessee, and, beginning in 1991, Dollywood partnered with the American Eagle Foundation to advance the conservation, care, and public understanding of bald eagles and other birds of prey;
Whereas Eagle Mountain Sanctuary at Dollywood became home to non-releasable bald eagles and provided millions of visitors with opportunities to learn about the conservation of the national bird and other wildlife;
Whereas the partnership between Dollywood and the American Eagle Foundation contributed to decades of conservation and education efforts, during which the American Eagle Foundation successfully released more than 400 bald eagles into the wild;
Whereas, following the wildfires that devastated Sevier County and the Great Smoky Mountains region in November 2016, destroying homes and displacing families in the community where she was raised, Dolly Parton directed The Dollywood Foundation to establish the My People Fund;
Whereas The Dollywood Foundation created the My People Fund within weeks of the fires to provide direct financial assistance to families who had lost their primary residences;
Whereas the My People Fund ultimately distributed more than $12,000,000 to families affected by the Sevier County wildfires and provided additional assistance, including scholarships for graduating seniors whose homes had been destroyed;
Whereas Dolly Parton continued to respond to the needs of her fellow Tennesseans and neighboring communities throughout her life, including following Hurricane Helene in 2024, when Dolly Parton and her associated businesses and organizations committed more than $2,000,000 to support relief and recovery efforts in Tennessee and North Carolina;
Whereas Dolly Parton died on August 25, 2026, at the age of 80, leaving behind an extraordinary legacy of music, philanthropy, service, generosity, and love for her fellow Tennesseans and Americans;
Whereas, despite achieving international fame, Dolly Parton remained deeply connected to Sevier County and the State of Tennessee and repeatedly directed her resources, influence, and time toward improving the lives of the people of her home State;
Whereas Dolly Parton's philanthropic service reflected a consistent commitment to children, education, health, families facing hardship, disaster recovery, wildlife conservation, and the communities of East Tennessee;
Whereas Dolly Parton's life demonstrated that success is measured not only by personal achievement, but by the opportunities created for others and by a willingness to serve neighbors in times of need;
Whereas Dolly Parton embodied the values of faith, hard work, perseverance, generosity, kindness, creativity, and service to others that are deeply rooted in the history and character of Tennessee, the Volunteer State; and
Whereas the life of Dolly Parton represents both an extraordinary American story and a uniquely Tennessee story, demonstrating how faith, talent, determination, generosity, and an enduring love of home can change lives throughout the world: Now, therefore, be it
Resolved, That the Senate--
(1) mourns the passing of Dolly Parton and extends its deepest condolences to her family, friends, loved ones, and the people of Tennessee;
(2) honors the extraordinary life and legacy of Dolly Parton and her contributions to the State of Tennessee and the United States;
(3) recognizes Dolly Parton's lasting contributions to American music, songwriting, entertainment, education, childhood literacy, health care, medical research, disaster relief, conservation, and philanthropy;
(4) recognizes The Dollywood Foundation and Dolly Parton's Imagination Library as enduring expressions of Dolly Parton's commitment to providing children and families with opportunities to learn, thrive, and build better lives;
(5) recognizes Dolly Parton's extraordinary devotion to Tennessee, the Volunteer State, and her decades of service to the communities that shaped her life;
(6) recognizes Dolly Parton's extraordinary and enduring contributions to American culture and philanthropy, including her induction into the Country Music Hall of Fame in 1999, receipt of the Library of Congress Living Legend Medal in 2004, and receipt of the Carnegie Medal of Philanthropy in 2022, honoring her remarkable legacy of artistic achievement, generosity, and service to others;
(7) recognizes that Dolly Parton used her success and national platform not merely for personal achievement, but to serve others, including children learning to read, families rebuilding after natural disasters, patients benefitting from medical research, and communities preserving America's natural heritage;
(8) encourages the people of the United States to honor Dolly Parton's memory by carrying forward her example of charity, kindness, service, perseverance, and love of community; and
(9) honors Dolly Parton's lifelong commitment to her dream to, in her words, "make as many people happy as I could in this life," and recognizes that her extraordinary life and legacy fulfilled that dream for generations of Americans.
Senate Resolution 863--Expressing Support for Designation of the Week of September 13 Through 19, 2026, as "National Adult Education and Family Literacy Week"
Pages S4800–S4801 · Official textSENATE RESOLUTION 863--EXPRESSING SUPPORT FOR DESIGNATION OF THE WEEK OF SEPTEMBER 13 THROUGH 19, 2026, AS "NATIONAL ADULT EDUCATION AND FAMILY LITERACY WEEK" Mr. REED (for himself, Ms. Collins, Mr. King, Mr. Whitehouse, Mr. Blumenthal, and Mr. Durbin) submitted the following resolution; which was referred to the Committee on Health, Education, Labor, and Pensions:
Text printed in the Record (5,814 characters)
Whereas recent data from the Program for the International Assessment of Adult Competencies indicate that 28 percent of adults in the United States performed at Level 1 or below in literacy and 34 percent of adults in the United States performed at Level 1 or below in numeracy;
Whereas data from the 2023 American Community Survey indicate that nearly 21,000,000 adults in the United States lack a high school credential and more than 20,000,000 adults have limited English proficiency;
Whereas the literacy, numeracy, English-language, digital, and workforce skills of the people of the United States are essential to the economic strength, competitiveness, and national security of the United States;
Whereas a skilled and adaptable workforce is critical to meeting the evolving needs of employers, strengthening local and regional economies, and maintaining the competitive position of the United States in the global economy;
Whereas adult education and literacy programs provide individuals with the foundational skills necessary to access employment, career advancement, postsecondary education and training, career technical education, and apprenticeship opportunities;
Whereas adult education plays an essential role in a skills-based economy by helping individuals develop, demonstrate, and communicate the skills needed to succeed in education, the workforce, and their communities;
Whereas literacy, numeracy, digital literacy, and the ability to effectively use artificial intelligence and emerging technologies are increasingly important for individuals to navigate a rapidly changing economy, access education and training, and participate fully in the workplace and society;
Whereas English-language acquisition programs help individuals strengthen their English proficiency, prepare for and advance in employment, pursue education and training, and contribute their skills and talents to the economy and communities of the United States;
Whereas adult education serves as a critical on-ramp to the workforce development system, career and technical education, integrated education and training, pre-apprenticeship and registered apprenticeship programs, and postsecondary education;
Whereas employers across the United States need access to a skilled and adaptable workforce, and adult education programs help expand the talent pool of the United States by equipping adults with the foundational, workforce, and durable skills necessary to meet evolving workforce needs;
Whereas adult education and literacy programs support economic mobility by helping individuals strengthen their skills, earn secondary and industry-recognized credentials, transition to postsecondary education and training, enter employment, and advance along career pathways;
Whereas the educational skills of parents and caregivers have a significant impact on the educational success and well-being of children;
Whereas family literacy programs strengthen the skills of parents and caregivers, increase engagement in the education of their children, and support educational and economic opportunity across generations;
Whereas strong literacy, numeracy, digital, and English-language skills help individuals access and understand health information, financial services, public resources, and other information necessary to make informed decisions for themselves and their families;
Whereas adult education provides individuals of all ages and backgrounds with opportunities to build skills throughout their lives and adapt to changing workplace, technological, and economic demands;
Whereas partnerships among adult education providers, workforce development systems, employers, career and technical education programs, postsecondary education institutions, community-based organizations, and other public and private partners strengthen pathways to economic opportunity and help address local, regional, and national workforce needs;
Whereas investments in adult education and family literacy strengthen individuals, families, employers, communities, and the economy of the United States; and
Whereas National Adult Education and Family Literacy Week highlights the essential role of adult education and literacy in ensuring that individuals across the United States have the skills and opportunities necessary to succeed at home, at work, and in their communities: Now, therefore, be it
Resolved, That the Senate--
(1) supports the designation of the week of September 13 through 19, 2026, as "National Adult Education and Family Literacy Week" to raise public awareness of the essential role of adult education and family literacy in strengthening workforce skills, economic mobility, families, communities, and the economy of the United States;
(2) recognizes adult education and family literacy as essential components of the education, workforce development, and economic opportunity infrastructure of the United States;
(3) recognizes the importance of expanding access to high-quality adult education, literacy, numeracy, English-language acquisition, digital literacy, workforce preparation, and family literacy services;
(4) encourages stronger partnerships among adult education providers, workforce development systems, employers, career and technical education programs, postsecondary institutions, community-based organizations, and other public and private partners to create effective pathways to education, training, employment, career advancement, and economic mobility; and
(5) calls on public, private, and nonprofit entities to support and expand access to adult education and family literacy programs so that individuals across the United States can develop the skills needed to thrive in a changing economy and contribute to strong families, communities, and the United States.
Senate Resolution 864--Expressing Support for the Designation of the Week of September 19 Through September 26, 2026, as "National Estuaries Week"
Pages S4801–S4802 · Official textSENATE RESOLUTION 864--EXPRESSING SUPPORT FOR THE DESIGNATION OF THE WEEK OF SEPTEMBER 19 THROUGH SEPTEMBER 26, 2026, AS "NATIONAL ESTUARIES WEEK" Mr. WHITEHOUSE (for himself, Mr. Cassidy, Ms. Alsobrooks, Ms. Baldwin, Mr. Blumenthal, Ms. Blunt Rochester, Mr. Booker, Ms. Cantwell, Mr. Coons, Ms. Hassan, Ms. Hirono, Mr. Kaine, Mr. Kennedy, Mr. Kim, Mr. King, Mr. Markey, Mr. Merkley, Mr. Murphy, Mrs. Murray, Mr. Padilla, Mr. Reed, Mr. Schatz, Mr. Schiff, Mrs. Shaheen, Mr. Van Hollen, Mr. Warner, Ms. Warren, Mr. Wicker, and Mr. Wyden) submitted the following resolution; which was referred to the Committee on Environment and Public Works:
Text printed in the Record (5,882 characters)
Whereas estuary regions cover only 4 percent of the land area in the continental United States but contain nearly 40 percent of the population, 39 percent of the jobs, and 47 percent of the economic output of the United States;
Whereas the oceans, estuaries, and Great Lakes of the United States continue to fuel economic growth across the United States, with employment from the estuarine and ocean economy growing at 4.5 percent in 2023, compared to the national average employment growth of 2 percent;
Whereas the estuary, ocean, and Great Lakes economic sectors created 111,000 new jobs between 2022 and 2023, employed 2,600,000 people, and contributed $511,000,000,000 to the 2023 gross domestic product;
Whereas the commercial and recreational fishing industries support over 2,100,000 jobs in the United States;
Whereas, in 2023--
(1) commercial and recreational saltwater fishing in the United States generated $319,000,000,000 in sales;
(2) angler trip expenditures totaled approximately $14,400,000,000; and
(3) saltwater recreational fishing supported over 694,041 jobs, generated $145,400,000,000 in sales impacts across the economy, and contributed $47,100,000,000 in income impacts and $78,400,000,000 in value-added impacts to the United States;
Whereas estuaries provide vital habitats, nurseries, and migration stopovers for--
(1) countless species of fish and wildlife, including more than 68 percent of the commercial fish catch in the United States by value and 80 percent of the recreational fish catch in the United States by weight; and
(2) many species that are listed as threatened or endangered, including birds integral to the health of estuaries, such as the Snowy Plover and Saltmarsh Sparrow;
Whereas estuaries provide critical ecosystem services that protect human health and public safety, including water filtration, flood control, shoreline stabilization, erosion prevention, and the protection of coastal communities during hurricanes, storms, and other extreme weather events;
Whereas restored wetlands in the United States have been shown to remove up to 80 percent of nitrogen and 70 percent of phosphorus from runoff waters;
Whereas mangrove ecosystems in Florida are estimated to reduce storm surge losses to properties by $67,500,000 annually;
Whereas coastal wetlands from Maine to North Carolina prevented $625,000,000 in property damage during Hurricane Sandy;
Whereas areas with healthy salt marshes in New Jersey experience 16 percent lower annual flood losses than areas without healthy salt marshes;
Whereas, by the 1980s, the United States had already lost more than 50 percent of the wetlands that existed in the Thirteen Original Colonies;
Whereas the degradation and loss of estuaries has led to the collapse of some bays in the United States that were once filled with fish and oysters and have now become dead zones filled with excess nutrients, chemical waste, and marine debris;
Whereas harmful algal blooms are hurting fish, wildlife, and human health and are causing serious ecological and economic harm to many estuaries;
Whereas changes in sea level can affect estuarine water quality and estuarine habitats;
Whereas section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330) (commonly known as the "Clean Water Act") authorizes the development of comprehensive
conservation and management plans to ensure that the designated uses of estuaries are protected and to restore and maintain--
(1) chemical, physical, and biological integrity;
(2) water quality;
(3) the balanced indigenous population of shellfish, fish, and wildlife; and
(4) recreational activity;
Whereas the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) provides that the policy of the United States is to preserve, protect, develop, and, if possible, restore or enhance the resources of the coastal zones of the United States, including estuaries, for current and future generations;
Whereas 27 coastal and Great Lakes States and territories of the United States operate or contain a National Estuary Program or a National Estuarine Research Reserve;
Whereas scientific study leads to a better understanding of the benefits of estuaries to human and ecological communities;
Whereas the Federal Government, State, local, and Tribal governments, national and community organizations, and individuals work together to effectively manage the estuaries of the United States;
Whereas estuary restoration efforts restore natural infrastructure in local communities in a cost-effective manner, generating an average of 17 jobs for every $1,000,000 invested and helping to reestablish the natural functions of estuaries that yield countless benefits; and
Whereas the week of September 19 through September 26, 2026, is recognized as "National Estuaries Week" to increase awareness among all people of the United States, including Federal Government and State, local, and Tribal government officials, of the importance of healthy estuaries and the need to protect and restore estuaries: Now, therefore, be it
Resolved, That the Senate--
(1) expresses support for the designation of "National Estuaries Week";
(2) supports the goals and ideals of National Estuaries Week;
(3) acknowledges the importance of estuaries to sustaining employment in the United States and to the economic well-being and prosperity of the United States;
(4) recognizes that persistent threats undermine the health of estuaries;
(5) applauds the work of national and community organizations and public partners that promote public awareness, understanding, protection, and restoration of estuaries;
(6) supports the scientific study, preservation, protection, and restoration of estuaries; and
(7) expresses the intent of the Senate to continue working to understand, protect, and restore the estuaries of the United States.
Senate Resolution 865--Expressing the Sense of the Senate That the People's Republic of China Has Engaged in the Arbitrary or Wrongful Detention of American Academics and Has Otherwise Harmed The...
Page S4802 · Official textSENATE RESOLUTION 865--EXPRESSING THE SENSE OF THE SENATE THAT THE PEOPLE'S REPUBLIC OF CHINA HAS ENGAGED IN THE ARBITRARY OR WRONGFUL DETENTION OF AMERICAN ACADEMICS AND HAS OTHERWISE HARMED THE PROSPECTS FOR SCIENTIFIC COLLABORATION AND PEOPLE-TO-PEOPLE EXCHANGES BETWEEN THE UNITED STATES AND THE PEOPLE'S REPUBLIC OF CHINA Mr. MARKEY (for himself, Mr. Budd, Mr. Schiff, and Mr. Curtis) submitted the following resolution; which was referred to the Committee on Foreign Relations:
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Whereas the People's Republic of China (referred to in this preamble as the "PRC") has a long history of detaining United States citizens under dubious circumstances or depriving them of their freedom;
Whereas the PRC has used the arbitrary or wrongful detention of Americans and other foreign nationals for political purposes to obtain concessions from the United States and other countries, which undermines the legitimacy of the PRC's judicial system;
Whereas current and previous Secretaries of State have determined, pursuant to section 302(e)(2)(A) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741(e)(2)(A)), that at least 5 United States citizens have been wrongfully detained in the PRC since the wrongful detention designation was established on December 27, 2020;
Whereas the Department of State previously recommended that United States citizens traveling to the PRC reconsider such travel due to serious risks, including wrongful detention, but the China Travel Advisory was downgraded from Level 3 to Level 2 on November 27, 2024;
Whereas the PRC's arbitrary or wrongful detention of United States citizens--
(1) undermines the rule of law;
(2) subjects United States citizens and their families to undue hardship; and
(3) is unacceptably coercive to the United States Government;
Whereas, on November 5, 2024, the Government of the PRC arrested Dr. Youlin Chen, a United States citizen who has conducted transparent and open-source seismological research in cooperation with academics in the PRC, and has held him on baseless espionage charges for more than 600 days without a trial or access to his family;
Whereas the Government of the PRC deprived Dr. Chen of access to a lawyer for the first 434 days of his detention and interrogated him more than 100 times about his work without a lawyer present;
Whereas, despite high-level engagement between the United States Government and the Government of the PRC to resolve Dr. Chen's case, the Government of the PRC has not yet taken any productive action to release Dr. Chen;
Whereas, on June 3, 2026, authorities of the PRC detained Min Zin, a United States citizen who is the executive director of a Myanmar-focused policy think tank, at the Kunming Changshui International Airport after he was invited to attend an academic event at a university in Yunnan province in the PRC;
Whereas the Kunming Municipal State Security Bureau has subjected Min Zin to detention and he has not yet had access to legal counsel;
Whereas the PRC's practice of engaging in "hostage diplomacy" against the United States and other foreign countries runs contrary to its stated intent to promote academic cooperation and people-to-people exchanges and increases the risks for United States citizens and others considering travel to the PRC; and
Whereas, in advance of PRC leadership's anticipated visit to Washington, D.C., in September 2026, the Government of the PRC has an opportunity to demonstrate its good faith and commitment to a constructive relationship of "strategic stability" by unconditionally releasing Dr. Youlin Chen and Min Zin: Now, therefore, be it
Resolved, That the Senate--
(1) condemns the People's Republic of China's repeated pattern of arbitrary or wrongful detention of United States citizens as unacceptable and a material harm to the bilateral relationship and the prospects for bolstering academic cooperation and people-to-people exchanges;
(2) urges the United States Government to make the safe return of United States citizens detained in China a top priority, including the return of Dr. Youlin Chen and Min Zin;
(3) urges the Secretary of State to use all available tools to negotiate the release of all United States nationals being unlawfully or wrongfully detained in the People's Republic of China, including by--
(A) considering adding a "D" indicator to the China Travel Advisory to make it clear to United States nationals considering travel to the People's Republic of China that the country engages in the wrongful detention of United States citizens;
(B) raising the Travel Advisory Level on the PRC from Level 2 (exercise increased caution) to Level 3 (reconsider travel) to reflect the current travel risks; and
(C) reviewing the criteria for the designation of a country as a State Sponsor of Wrongful Detention pursuant to section 306A of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741d-1); and
(4) supports President Trump's efforts to raise concerns about the continued detention of Dr. Chen and Min Zin to bring both United States citizens home to their loved ones safely and quickly.
Senate Resolution 866--Supporting the Designation of October 2026 as "Substance Use & Misuse Prevention Month" to Raise Awareness of Substance Use and Misuse in the United States
Pages S4802–S4803 · Official textSENATE RESOLUTION 866--SUPPORTING THE DESIGNATION OF OCTOBER 2026 AS "SUBSTANCE USE & MISUSE PREVENTION MONTH" TO RAISE AWARENESS OF SUBSTANCE USE AND MISUSE IN THE UNITED STATES Mr. RICKETTS (for himself and Mr. Schiff) submitted the following resolution; which was referred to the Committee on Health, Education, Labor, and Pensions:
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Whereas initiation of substance use during adolescence is associated with substance use and misuse in adulthood;
Whereas, in 2025, an estimated 56,800,000 people in the United States aged 12 and older participated in binge drinking;
Whereas, in 2025, more than 69,800,000 or 1 in 4 people in the United States aged 12 and older used an illicit drug, including cocaine and methamphetamine;
Whereas, in 2025, an estimated 44,600,000 people in the United States aged 12 and older had a substance use disorder;
Whereas, in 2025, an estimated 26,000,000 people in the United States aged 12 and older had an illicit drug use disorder;
Whereas, in 2025, an estimated 7,600,000 people in the United States aged 12 and older received substance use disorder treatment; and
Whereas, in 2025, more than 22,300,000 people in the United States aged 18 and older were in recovery from a substance use problem: Now, therefore, be it
Resolved, That the Senate supports--
(1) effective programs to prevent substance use and misuse;
(2) programs to help stem the drug addiction and overdose epidemic in the United States; and
(3) the designation of October 2026 as "Substance Use & Misuse Prevention Month".
Senate Resolution 867--Designating the Week of September 14 Through September 20, 2026, as "Interscholastic Athletic Administration Week"
Page S4803 · Official textSENATE RESOLUTION 867--DESIGNATING THE WEEK OF SEPTEMBER 14 THROUGH SEPTEMBER 20, 2026, AS "INTERSCHOLASTIC ATHLETIC ADMINISTRATION WEEK" Mr. HUSTED (for himself and Mr. Lujan) submitted the following resolution; which was referred to the Committee on the Judiciary:
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Whereas the Senate recognizes that interscholastic athletic administrators are educational leaders, and that the work of interscholastic athletic administrators advances physical, academic, social, emotional, and leadership development through education-based athletics;
Whereas the role of athletic administrators in the educational landscape has expanded far beyond managing sports programs;
Whereas athletic administrators serve as essential educational leaders who shape school culture, foster safe and inclusive learning environments, ensure compliance with State and Federal regulations, develop leadership through athletics, protect the well-being of student athletes, and strengthen relationships among schools, families, and communities;
Whereas well-supported athletic administrators play a significant role in the success of educational institutions by playing a vital role in risk management through emergency preparedness, student safety, and protection of school districts, and through sound leadership, responsible governance, and fostering a positive and effective athletic environment;
Whereas interscholastic athletic programs play a critical role in forming a well-rounded educational experience for students and ensuring that all youth have access and opportunities to participate in sports;
Whereas school sports remain an affordable opportunity for families, as the cost of non-school sports is rising;
Whereas participation in sports is proven to improve concentration, memory, and academic behavior, such as school attendance;
Whereas participation in sports results in higher levels of confidence and self-esteem and reduces the risk of suicidal thoughts and other mental health struggles in teenagers and young adults;
Whereas research shows that participation in sports can reduce the rate of youth violence and crime by providing youth with access to personal and professional growth opportunities;
Whereas participation in sports plays a critical role in the development of leadership skills and resiliency in students;
Whereas interscholastic athletic administrators--
(1) serve as leaders and experts, working tirelessly every day to ensure the safety and well-being of all student athletes;
(2) often work long and unpredictable hours to ensure that every student athlete has access to the training and assistance they need; and
(3) are dedicated to the athletic, academic, and personal development of students and players, building mature and hardworking young men and women;
Whereas more than 8,000,000 high school student athletes in the United States rely on the hard work of interscholastic athletic administrators for guidance, coaching, and mentorship;
Whereas the athletic programs led by interscholastic athletic administrators promote values of leadership, service, hard work, and teamwork in schools and communities; and
Whereas interscholastic athletic administrators serve on the front lines of education, creating opportunities that teach civic engagement, character, teamwork, perseverance, and servant leadership while preparing students for success beyond graduation: Now, therefore, be it
Resolved, That the Senate--
(1) designates the week of September 14 through September 20, 2026, as "Interscholastic Athletic Administrators Week";
(2) commends the commitment and leadership of interscholastic athletic administrators;
(3) recognizes the critical role school athletic programs play in student leadership development; and
(4) commends the leadership of the National Interscholastic Athletic Administrators Association in advancing education-based athletics through professional development, leadership training, certification, mentoring, and advocacy on behalf of interscholastic athletic administrators across the United States.
Senate Resolution 868--Recognizing September 20, 2026, as "National Lgbtq+ Servicemembers and Veterans Day"
Pages S4803–S4804 · Official textSENATE RESOLUTION 868--RECOGNIZING SEPTEMBER 20, 2026, AS "NATIONAL LGBTQ+ SERVICEMEMBERS AND VETERANS DAY" Mr. MERKLEY (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr. Coons, Ms. Duckworth, Mr. Fetterman, Mrs. Gillibrand, Ms. Hirono, Mr. Kaine, Mr. Markey, Mrs. Murray, Mr. Padilla, Mr. Sanders, Mr. Schatz, Mr. Schiff, Ms. Smith, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) submitted the following resolution; which was referred to the Committee on Veterans' Affairs:
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Whereas lesbian, gay, bisexual, transgender, and queer (referred to in this preamble as "LGBTQ+") servicemembers and veterans have honorably served in the Armed Forces in every war to which the United States was a party, beginning with the Revolutionary War;
Whereas LGBTQ+ servicemembers and veterans have served in the Armed Forces despite discriminatory policies based on who they love or how they identify;
Whereas, on April 27, 1953, President Dwight D. Eisenhower signed Executive Order 10450 (18 Fed. Reg. 2489; relating to security requirements for Government employment), which declared "sexual perversion" to be a security risk and grounds for denying Federal employment;
Whereas Executive Order 10450, which was eventually repealed by President Barack Obama in 2017, contributed to the "Lavender Scare" of the 1950s by banning gay and lesbian people from working in the Government, including in the Armed Forces, and was similarly applied to transgender people as early as 1960;
Whereas, beginning in 1963, Army medical standards explicitly disqualified transgender people from serving in the Army, and for 30 years, beginning in the mid-1980s, Department of Defense regulations explicitly disqualified transgender people from military service;
Whereas, in 1982, the Department of Defense implemented a policy stating that "homosexuality is incompatible with military service", and between 1980 and 1990, an average of 1,500 military servicemembers were discharged every year on the basis of their sexual orientation;
Whereas, in 1993, as part of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1547), Congress enacted the "Don't Ask, Don't Tell" policy, which declared that the presence of gay, lesbian, and bisexual people in the Armed Forces was an "unacceptable risk" to morale, good order, discipline, and unit cohesion, and required the Armed Forces to discharge servicemembers who--
(1) engaged in, attempted to engage in, or solicited "homosexual acts";
(2) stated that they were homosexual or bisexual; or
(3) married or attempted to marry a same-sex partner;
Whereas the Department of Defense has acknowledged that 13,472 personnel were discharged from the Armed Forces under the "Don't Ask, Don't Tell" policy, and an additional 19,365 personnel were discharged between 1980 and 1993 under similar policies that targeted servicemembers based on sexual orientation;
Whereas the White House estimates that more than 100,000 servicemembers have been discharged from the Armed Forces for their sexual orientation or gender identity;
Whereas, on September 20, 2011, the "Don't Ask, Don't Tell" policy was officially repealed, following President Barack Obama's certification of the repeal on July 22, 2011, as required by the Don't Ask, Don't Tell Repeal Act of 2010 (10 U.S.C. 654 note; Public Law 111-321);
Whereas, on June 30, 2016, the Department of Defense announced an end to the ban on transgender servicemembers across all components of the Department of Defense;
Whereas, on July 26, 2017, President Donald J. Trump announced that transgender people would not be allowed to serve in the military;
Whereas, on January 25, 2021, President Joseph R. Biden signed Executive Order 14004 (86 Fed. Reg. 7471; relating to enabling all qualified Americans to serve their country in uniform), which repealed the 2017 ban on transgender military servicemembers;
Whereas, on June 26, 2024, President Joseph R. Biden pardoned veterans who had been convicted in military courts for consensual sodomy between 1951 and 2013 under former article 125 of the Uniform Code of Military Justice;
Whereas, on January 27, 2025, President Donald J. Trump signed Executive Order 14183 (90 Fed. Reg. 8757; relating to prioritizing military excellence and readiness), which reinstated the ban on transgender servicemembers and directed the Department of Defense to stop respecting transgender people's correct pronouns and to prohibit transgender people from using facilities that align with their gender identity;
Whereas, on February 7, 2025, the Secretary of Defense issued a memorandum halting all gender-affirming medical procedures for servicemembers;
Whereas, on February 26, 2025, the Department of Defense announced that transgender and nonbinary servicemembers are "no longer eligible for military service" and "will be processed for separation from military service";
Whereas, on March 17, 2025, the Department of Veterans Affairs announced that it will no longer offer gender-affirming hormone therapy to veterans who were not already receiving such care; and
Whereas challenges still exist for LGBTQ+ servicemembers and veterans seeking equitable treatment in service and access to benefits: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes September 20, 2026, as "National LGBTQ+ Servicemembers and Veterans Day";
(2) celebrates the contributions of lesbian, gay, bisexual, transgender, and queer (referred to in this resolution as "LGBTQ+") servicemembers and veterans who have served in the Armed Forces;
(3) regrets the harm done to LGBTQ+ servicemembers and veterans under the "Don't Ask, Don't Tell" policy and earlier policies, bans on transgender servicemembers, and other policies that discriminate based on sexual orientation and gender identity;
(4) recognizes how "other than honorable" and "dishonorable" discharges given to LGBTQ+ servicemembers on the basis of sexual orientation and gender identity--
(A) prematurely terminated the careers of LGBTQ+ servicemembers in the Armed Forces;
(B) subjected LGBTQ+ servicemembers to the trauma of investigations and criminal charges;
(C) unfairly denied LGBTQ+ servicemembers the honor associated with military service;
(D) deprived LGBTQ+ servicemembers of benefits those servicemembers have earned and deserve as veterans; and
(E) continue to cause LGBTQ+ servicemembers dignitary harm;
(5) urges the Department of Veterans Affairs and the Department of Defense--
(A) to implement policy changes that restore justice and right wrongs caused by past and present government-sponsored discrimination, including by ending the transgender military ban; and
(B) to conduct further outreach to LGBTQ+ servicemember and veteran communities to ensure that those discharged based on their sexual orientation and gender identity can receive their benefits; and
(6) urges the Department of Veterans Affairs and the Department of Defense to restore and expand access to the full range of health care needed by transgender veterans and servicemembers and their families, including gender-affirming care, and ensure that such care is delivered in a non-discriminatory and culturally competent manner.
Senate Resolution 869--Expressing the Sense of the Senate That the Third Friday of September Should Be Recognized as "National Pow/Mia Recognition Day"
Page S4804 · Official textSENATE RESOLUTION 869--EXPRESSING THE SENSE OF THE SENATE THAT THE THIRD FRIDAY OF SEPTEMBER SHOULD BE RECOGNIZED AS "NATIONAL POW/MIA RECOGNITION DAY" Mrs. MOODY submitted the following resolution; which was referred to the Committee on Armed Services:
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Whereas the term "POW/MIA" refers to prisoners of war and missing-in-action military personnel who either are or were held unwillingly by the enemy or whose whereabouts during and after wartime and cease-fire remain unknown;
Whereas, according to the Department of Defense, over 80,000 United States servicemembers are missing in action, about 41,000 are presumed lost at sea, and approximately 38,000 are recoverable;
Whereas unaccounted for personnel include Department of Defense personnel, both military and civilian, civilian contractors of other Federal departments and agencies, employees of humanitarian agencies accredited to the Armed Forces, members of civilian organizations credited with active military service by the Secretary of Defense, and citizens of the United States and other persons as directed by the Secretary of Defense;
Whereas the Defense POW/MIA Accounting Agency, an agency within the Department of Defense, reports the numbers for POW/MIA servicemembers based on conflict to be--
(1) 73,687 from World War II;
(2) 8,157 from the Korean War;
(3) 2,633 from the Vietnam War;
(4) 128 from the Cold War; and
(5) 6 from armed conflicts since 1991;
Whereas, since the early 1970s when United States POW/MIA recovery efforts began, the number of recovered persons based on conflict have been--
(1) 1,904 from World War II, with 71,783 still unaccounted for;
(2) 777 from the Korean War, with 7,380 still unaccounted for;
(3) 1,067 from the Vietnam War, with 1,566 still unaccounted for;
(4) 2 from the Cold War, with 126 still unaccounted for; and
(5) 0 from the Gulf wars and Libya, with 6 still unaccounted for;
Whereas roughly 75 percent of POW/MIA are in the Asia-Pacific region;
Whereas, by State, the 5 States with the highest number of unaccounted POW/MIA are--
(1) New York (6,354);
(2) California (6,306);
(3) Pennsylvania (5,343);
(4) Illinois (4,115); and
(5) Texas (4,085);
Whereas, by State, the 5 States with the highest number of recovered POW/MIA are--
(1) California (383);
(2) New York (240);
(3) Texas (235);
(4) Ohio (202); and
(5) Pennsylvania (198);
Whereas, in 1972, the POW/MIA flag was adopted;
Whereas, in 1982, the POW/MIA flag became the first flag to fly over the White House other than the United States flag; and
Whereas the National POW/MIA Flag Act (Public Law 116-67; 36 U.S.C. 101 note), enacted in 2019, requires the POW/MIA flag to be flown on Federal properties when the United States flag is being flown: Now, therefore, be it
Resolved, That the Senate--
(1) acknowledges that the Federal Government has the moral obligation to fully account for United States POW/MIA and to mitigate the number of POW/MIA in future conflicts;
(2) expresses sincere gratitude to the POW/MIA of every conflict who selflessly, bravely, and boldly fought for the freedoms Americans have today at the cost of their own lives;
(3) expresses support for the designation of "National POW/MIA Recognition Day"; and
(4) encourages all Americans to properly honor the service and sacrifice of all POW/MIA on such day by--
(A) participating in POW/MIA commemorative celebrations in local communities;
(B) appropriately displaying the POW/MIA flag; and
(C) performing acts of good will, compassion, and service for the family members of POW/MIA.
Text of Amendments
Pages S4804–S4836 · Official textSA 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:
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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:
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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.
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.
Sec. 301. Short title. Sec. 302. Grants for improvement of broadband, technology, media, and sports broadcast infrastructure of HBCUs. Sec. 303. Grant uses. Sec. 304. Coordination. Sec. 305. Reports and evaluation. Sec. 306. Definitions. Sec. 307. Authorization of appropriations.
TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION
SEC. 100. DEFINITIONS.
In this title:
(1) Antitrust laws.--The term "antitrust laws" has the meaning given that term in the 1st section of the Clayton Act (15 U.S.C. 12) and includes--
(A) section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition; and
(B) any similar State antitrust law, including a State law provision that applies to covering unfair methods of competition having the force and effect of law.
(2) Associated entity.--The term "associated entity" means any individual or entity, including a collective, that--
(A) is known, or was known, or should have been known to the athletics department staff of an institution to exist, in significant part, for the purpose of--
(i) promoting or supporting a particular institution's intercollegiate athletics program or student athletes; or
(ii) creating or identifying name, image, and likeness opportunities solely for a particular institution's student athletes;
(B) is or was a member, employee, director, officer, owner, or agent of an individual or entity described in subparagraph (A);
(C) directly or indirectly (including contributions by an affiliated entity, individual, or family member) has contributed more than $50,000 over their lifetime to a particular institution or to an individual or entity described in subparagraph (A);
(D) has--
(i) been directed or requested by an institution's athletic department staff to assist in the recruitment or retention of student athletes or prospective student athletes; or
(ii) otherwise assisted in the recruitment or retention of student athletes or prospective student athletes; or
(E) is owned, controlled, or operated by, or otherwise affiliated with the individuals or entities described in subparagraphs (A) through (D), other than a publicly traded corporation.
(3) Athlete agent.--The term "athlete agent" has the meaning given that term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801).
(4) Collective.--The term "collective"--
(A) means a person, corporation, booster organization, tax-exempt organization, or other entity that provides donations or other support directly or indirectly to or for the benefit or support of--
(i) a student athlete who is enrolled, or who may enroll, at an institution; or
(ii) the intercollegiate athletics program or any booster organization of an institution; and
(B) does not include--
(i) an immediate family member of a student athlete; or
(ii) an individual or entity that--
(I) licenses trademark rights of an institution; and (II) does not--
(aa) license name, image, and likeness rights of student athletes; or
(bb) make payments earmarked or designated to fund name, image, or likeness licenses or other payments to student athletes.
(5) Compensation.--The term "compensation"--
(A) means any payment, remuneration, or benefit provided to a student athlete or a prospective student athlete; and
(B) does not include--
(i) grants-in-aid;
(ii) Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) or any other Federal or State grants unrelated to and not awarded with regard to participation in intercollegiate sports;
(iii) health insurance and the costs of health care funded by an institution, intercollegiate athletic association, or conference;
(iv) disability and loss-of-value insurance, including disability and loss-of-value insurance funded by an institution, intercollegiate athletic association, or conference;
(v) career counseling, job placement services, or other guidance available to all students at an institution;
(vi) hourly wages and benefits for work performed outside of participating in intercollegiate sports at a rate commensurate with the prevailing rate in the relevant State or locality for similar work;
(vii) enhanced education benefits, including academic awards;
(viii) financial literacy or tax education resources; or
(ix) any program to connect student athletes with employers and facilitate employment opportunities, if--
(I) the financial terms of such employment opportunities are consistent with the terms offered to similarly situated employees who are not student athletes; and
(II) such program is not used to induce a student athlete to attend a particular institution.
(6) Conference.--The term "conference" means any organization that is not an intercollegiate athletic association and that--
(A) has 2 or more institutions as members; and
(B) arranges championships for intercollegiate athletic competitions or sets rules for intercollegiate athletic competition.
(7) Cost of attendance.--The term "cost of attendance"--
(A) has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and
(B) shall be calculated by the financial aid office of an institution applying the same standards, policies, and procedures for all students.
(8) Grant-in-aid.--The term "grant-in-aid" means--
(A) a scholarship, grant, stipend, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses, that--
(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.
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1001).
(11) Intercollegiate athletic association.--The term "intercollegiate athletic association"--
(A) means any organization, not-for-profit corporation, association, or any other group organized in the United States that--
(i) sponsors or arranges intercollegiate athletic competition between institutions;
(ii) sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competition;
(iii) is composed of 2 or more institutions or conferences that are located in different States or participate in intercollegiate athletic competition in more than 1 State; and
(iv) is not a conference;
(B) includes--
(i) the National Collegiate Athletic Association; and
(ii) any other national intercollegiate athletic association; and
(C) does not include a corporation, association, or other group affiliated with professional athletic competition.
(12) Intercollegiate athletic competition.--The term "intercollegiate athletic competition" means any intercollegiate sport contest, game, meet, match, tournament, regatta, or other intercollegiate sport event in which student athletes or varsity sports teams compete.
(13) Intercollegiate sport.--The term "intercollegiate sport"--
(A) means a sport played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and
(B) does not include a recreational, intramural, or club sport.
(14) Likeness.--With respect to a student athlete, the term "likeness" means a physical or digital depiction or representation that identifies, is linked to, or is reasonably linked to the student athlete, including --
(A) the uniquely identifiable body, physical characteristics, or voice of the student athlete;
(B) any other mark that identifies or distinguishes the student athlete; or
(C) the jersey number associated with the student athlete during the period of athletic participation by the student athlete at an institution if the jersey number is accompanied by--
(i) a logo or color scheme that is clearly associated with the institution; or
(ii) some other means by which the jersey number is associated with the student athlete.
(15) Name.--With respect to a student athlete, the term "name" means the first or last name that identifies the student athlete, a nickname or assumed name of the student athlete, or a username associated with the student athlete on any public-facing internet platform when used in a context that identifies, is linked to, or is reasonably linked to the student athlete.
(16) Name, image, and likeness agreement.--The term "name, image, and likeness agreement" means a contract or similar agreement between a student athlete (or group of student athletes) and a conference, institution, intercollegiate athletic association, associated entity, collective, or third party regarding the commercial use of the name, image, and likeness rights of the student athlete (or group of student athletes).
(17) Name, image, and likeness rights.--The term "name, image, and likeness rights" means the ability of a student athlete to market and profit from the commercial use of his or her name, image, or likeness.
(18) Prospective student athlete.--The term "prospective student athlete" means an individual who is recruited, actively being recruited, or has been contacted for the purposes of recruitment to attend an institution as a student athlete, but has not yet enrolled at the institution.
(19) Revenue share cap.--The term "revenue share cap" means the Benefits Pool Limit set forth in the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement.
(20) Student athlete.--
(A) In general.--The term "student athlete" means an individual who is enrolled as a full-time student (as defined in section 668.2 of title 34, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act)) at an institution and who--
(i) makes satisfactory academic progress (as determined in accordance with section 668.34 of such title 34 (as in effect on the day before the date of the enactment of this Act)) toward completing a degree; and
(ii) participates in intercollegiate athletic competition or competes for a varsity sports team as part of the institution's educational, developmental, or extracurricular programs.
(B) Rule of construction.--Nothing in subparagraph (A)(i) shall be construed to preclude an institution, conference, or intercollegiate athletic association from establishing satisfactory academic progress standards that are more stringent than the requirements described in subparagraph (A)(i), if such standards are required of all student athletes, or in the case of an institution, of all full-time students.
(21) Third party.--The term "third party" means an individual or entity that is not an institution, associated entity, collective, conference, or intercollegiate athletic association.
(22) Valid business purpose.--The term "valid business purpose" means a purpose genuinely related to the promotion of goods or services provided to the general public for profit.
(23) Varsity sports team.--The term "varsity sports team" means a sports team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competition.
SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS.
(a) Student Athlete Name, Image, and Likeness Compensation.--
(1) In general.--Except as provided in this title, an institution, conference, intercollegiate athletic association, or any representative of such an entity may not--
(A) restrict the ability of a student athlete, group of student athletes, or prospective student athlete--
(i) to market or earn compensation for the value of their name, image, or likeness rights; or
(ii) to enter into a name, image, and likeness agreement;
(B) restrict the eligibility for intercollegiate athletic competition for a student athlete or prospective student athlete on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness;
(C) unless otherwise required by law, limit the eligibility or opportunity of a student athlete or prospective student athlete to apply for or receive a grant-in-aid, including the amount, duration, or renewal of such grant-in-aid, on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement, or marketing or earning compensation for the value of their name, image, or likeness; or
(D) unless otherwise required by law, revoke, reduce, or decline to renew a grant-in-aid for a student athlete or prospective student athlete based on the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness.
(2) Consent and compensation for group use.--An institution, conference, intercollegiate athletic association, collective, third party, or any representative thereof, may not use the name, image, or likeness of any group of student athletes to sell or promote any product or service unless the institution, conference, athletic association, collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose.
(3) Exceptions.--
(A) Certain agreements.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete who enters into a name, image, and likeness agreement that violates the code of student conduct of the institution that applies to all students enrolled at the institution.
(B) Certain uses.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete if, in connection with a name, image, and likeness agreement, the student athlete or prospective student athlete uses a facility, uniform, equipment, registered or unregistered trademark, copyright-protected product, or the official logo, mark, or other indicia of the institution without the express consent of the institution.
(b) Mandatory Disclosures by Student Athletes.--
(1) In general.--All student athletes shall report to their institution and their intercollegiate athletic association, or to an entity designated by their intercollegiate athletic association and under the control of that intercollegiate athletic association pursuant to the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025)--
(A) not later than 5 days after entering into a name, image, and likeness agreement, the terms of any such agreement, including the amount and source, that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and
(B) to the extent not reported under subparagraph (A), not later than 30 days after receiving compensation for the name, image, or likeness of the student athlete, the amount and source of any such compensation that exceeds $600, including multiple payments, remunerations, or benefits from
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.
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June 6, 2025)--
(A) the terms of any current or ongoing name, image, and likeness agreement that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and
(B) to the extent not reported under subparagraph (A), the amount and source of any current or ongoing name, image, and likeness compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same person that exceeds a total of $600 over a 12-month period.
(3) Exception.--
(A) In general.--Paragraphs (1) and (2) shall not apply to either marketing or earning compensation for the value of the name, image, and likeness rights of a student athlete or to the compensation within a name, image, and likeness agreement in which a student athlete receives less than $600, including multiple payments, remunerations, or benefits from the same person that totals less than $600 over a 12-month period.
(B) Adjustment for inflation.--The amount described in subparagraph (A) shall be adjusted for inflation by the percent increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which applicable data is available.
(4) Release of information.--Except as provided in section 104 or as necessary to comply with this Act, an institution may not release any information that would identify a student athlete or prospective student athlete in a disclosure under paragraph (1) or (2) without the express written consent of the student athlete, prospective student athlete, athlete agent of the student athlete or prospective student athlete, or, in case of a minor, the parent or legal guardian of the minor.
(5) Limitation.--This subsection shall apply only to student athletes and prospective student athletes of institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.
(c) Name, Image, or Likeness Compensation by Institutions.--Subject to the requirements of this title, an institution, intercollegiate athletic association, conference, collective, associated entity, or third party, may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, or likeness of the student athlete.
(d) Right to Representation.--An institution, intercollegiate athletic association, or conference may not restrict the eligibility for intercollegiate athletic competition, or any other event or activity relating to intercollegiate athletic competition, of a prospective student athlete or student athlete based on the prospective student athlete or student athlete having obtained an athlete agent or legal representative.
(e) Educational Resources Regarding This Title.--An intercollegiate athletic association shall provide student athletes and prospective student athletes and the parents or guardians of student athletes or prospective student athletes with educational materials relating to this title.
SEC. 102. MODIFICATIONS TO SPORTS AGENT RESPONSIBILITY AND
TRUST ACT.
(a) In General.--The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is amended--
(1) in section 2 (15 U.S.C. 7801)--
(A) in paragraph (1), by striking "an oral or written agreement" and inserting "a written agreement";
(B) in paragraph (5), by inserting before the period the following: "and includes any name, image, and likeness agreement as defined in section 100 of the Protect College Sports Act of 2026";
(C) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
(D) by inserting after paragraph (5) the following:
"(6) Intercollegiate athletic association.--The term `intercollegiate athletic association' has the meaning given that term in section 100 of Protect College Sports Act of 2026";
(2) in section 3 (15 U.S.C. 7802)--
(A) in subsection (a)--
(i) in paragraph (2), by striking "or" at the end;
(ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
"(4) enter into an agency contract or represent a student athlete in a manner that violates section 9;
"(5) charge a student athlete a fee in connection with an endorsement contract that exceeds 5 percent of the value of the endorsement contract;
"(6) enter into an agency contract with an athlete for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sport;
"(7) make any materially false, deceptive, or fraudulent representation as an athlete agent, including any materially false, deceptive, or fraudulent statement to a student athlete or prospective student athlete that misrepresents the existence, nature, or value of a name, image, or likeness opportunity the athlete agent can arrange on behalf of the student athlete or prospective student athlete through recruitment or transfer to an institution (as defined in section 100 of the Protect College Sports Act of 2026); or
"(8) make a materially false, deceptive, or fraudulent statement in the application for registration as an athlete agent."; and
(B) in subsection (b)(3), by striking "Warning to Student Athlete: If you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport.";
(3) by inserting after section 5 (15 U.S.C. 7804) the following:
"SEC. 5A. PRIVATE RIGHT OF ACTION.
"(a) In General.--Any current or former student athlete alleging a violation of paragraphs (4) through (8) of section 3(a), section 9, or section 10 may bring a civil action in an appropriate district court of the United States or in an appropriate State court.
"(b) Relief.--In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award--
"(1) a declaratory judgment that a name, image, or likeness agreement (as defined in section 100 of the Protect College Sports Act of 2026) or an agency contract, as applicable, is null and void; and
"(2) actual damages.
"(c) Attorney's Fees and Costs.--In a civil action brought under subsection (a) in which the defendant is not an institution (as defined in section 100 of the Protect College Sports Act of 2026), the court may, in its discretion, award reasonable attorney's fees and litigation costs.
"(d) Invalidity of Pre-dispute Arbitration Agreements and Pre-dispute Joint Action Waivers.--
"(1) In general.--Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this Act.
"(2) Applicability.--Any determination as to whether or how paragraph (1) applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator.
"(3) Definitions.--In this subsection:
"(A) Pre-dispute arbitration agreement.--The term `pre-dispute arbitration agreement' means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement.
"(B) Pre-dispute joint-action waiver.--The term `pre-dispute joint-action waiver' means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement."; and
(4) by adding at the end the following:
"SEC. 9. REGISTRATION OF ATHLETE AGENTS AND OTHER
REQUIREMENTS.
"(a) In General.--An athlete agent who seeks to represent a student athlete in an endorsement contract shall--
"(1) register with a State before representing a student athlete for an endorsement contract; and
"(2) enter into an agency contract with the student athlete before providing representation in an endorsement contract.
"(b) Registration Established.--An individual is deemed to be registered with a State for purposes of this section if the individual is--
"(1) a registered professional sports agent with a professional sports league or players association, in good standing; or
"(2) registered and certified under the All State Uniform Agent Acts in the State in which the agent operates, in good standing.
"(c) Certification to Intercollegiate Athletic Associations.--
"(1) Requirement.--An athlete agent that represents a student athlete shall certify to each applicable intercollegiate athletic association that the athlete agent is registered with a State.
"(2) Prohibition.--It is unlawful for an individual to certify to an intercollegiate athletic association that the individual is an athlete agent if the individual is not registered with a State.
"(d) Requirements for Agency Contracts.--To be a valid contract, an agency contract shall--
"(1) state the name of each party to the contract;
"(2) state the term of the contract;
"(3) state the registration information for the athlete agent; and
"(4) state the fee or commission charged by the athlete agent.
"SEC. 10. ENDORSEMENT CONTRACT REQUIREMENTS.
"An endorsement contract made in interstate or foreign commerce is, at the option
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.
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AGENT REGISTRY REQUIREMENTS FOR INTERCOLLEGIATE
ATHLETIC ASSOCIATIONS.
(a) Requirements of Intercollegiate Athletic Associations.--An intercollegiate athletic association shall maintain a publicly available website that includes a searchable database of athlete agents that--
(1) are registered with a State and certified pursuant to section 9 of the Sports Agent Responsibility and Trust Act, as added by section 102; and
(2) have certified compliance with all rules and bylaws of such intercollegiate athletic association, including any recruitment and tampering rules adopted under section 117.
(b) Decertification Permitted.--
(1) In general.--An intercollegiate athletic association may decertify or fine an athlete agent for any violations of section 9 of the Sports Agent Responsibility and Trust Act, as added by section 102, or any violation of section 117 on recruitment and tampering.
(2) Effect of decertification.--An athlete agent that is decertified pursuant to paragraph (1) may not represent or contact a student athlete or prospective student athlete of an institution that is a member of such intercollegiate athletic association.
SEC. 104. DISCLOSURES AND ESTABLISHMENT OF NAME, IMAGE, AND
LIKENESS AGREEMENT DATABASE.
(a) Disclosures by Institutions.--
(1) Disclosure of data on name, image, and likeness agreements.--Not later than July 1 of the first year beginning after the date of the enactment of this Act, and each July 1 thereafter, each institution shall disclose to the intercollegiate athletic association of which the institution is a member, in an anonymized manner, the following data:
(A) With respect to each name, image, and likeness agreement disclosed to the institution by a student athlete as required by section 101(b)--
(i) a description of services rendered; and
(ii) the amount of compensation to be provided to the student athlete or group of athletes under the agreement.
(B) With respect to each name, image, and likeness agreement entered into between the institution and a student athlete, and any other compensation provided or to be provided by an institution to a student athlete--
(i) the amount of compensation provided or to be provided to the student athlete by the institution; and
(ii) disaggregated by intercollegiate sports program--
(I) the number of agreements and payments; (II) the average value of the agreements and payments; and (III) the total value of the agreements and payments.
(2) Report on revenue and student outcomes.--Not later than 60 days after the date on which an academic year ends, each institution with 1 or more intercollegiate sports programs shall submit to the governing athletic association for such institution a report that includes, for the academic year, the following:
(A) The amount of revenues and expenditures of each such sports program, including the amount of associated entity and third-party donations, Federal funds, and State funds, including the total amount of remuneration for personnel of each intercollegiate sports program, individually by program and in the aggregate.
(B) The average number of hours student athletes spent on intercollegiate athletic events and intercollegiate athletic competition, disaggregated by sports program.
(C) The academic outcomes and majors for student athletes, disaggregated by sports program.
(3) Treatment of men's and women's programs.--An institution shall treat men's and women's sports programs as distinct sports programs for the purposes of disclosure and reporting obligations under this subsection.
(4) Protection of personally identifiable information.--In making a disclosure under paragraph (1), an institution shall ensure that no personally identifiable information of a student athlete is transmitted to an intercollegiate athletic association.
(b) Disclosures by Associations and Database.--
(1) In general.--Not later than September of the first year beginning after the date of the enactment of this Act, each intercollegiate athletic association shall establish and maintain a publicly accessible, searchable database for student athletes and their agents to estimate the fair market value for name, image, and likeness agreements, which shall include data collected under subsection (a)(2).
(2) Content of database.--An intercollegiate athletic association shall include the data reported by institutions pursuant to paragraphs (1) and (2) of subsection (a) in the database described in paragraph (1).
(3) Update of database.--An intercollegiate athletic association shall update the database described in paragraph (1) each September 1.
(4) Privacy.--An intercollegiate athletic association shall take reasonable technical measures to ensure that information available in the database described in paragraph (1) may not be used to identify a student athlete.
(c) Limitation.--This section shall apply only to institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, and shall not apply to any Division II or Division III institution (as so defined) that participates in a limited number of sports at the Division I level.
SEC. 105. ACADEMIC PROTECTIONS.
(a) Prohibitions Relating to Coursework and Extracurricular Activities.--
(1) In general.--An employee or volunteer of an athletic department of an institution may not--
(A) exert undue pressure over or prevent a student athlete from selecting a course or an academic major of the student athlete's choice;
(B) retaliate against a student athlete based on the student athlete's selection of any course or academic major; or
(C) prevent a student athlete who seeks to secure employment or internships, participate in student groups or events, or serve as a volunteer from doing so, unless such activity interferes with mandatory class time or mandatory events related to intercollegiate athletic competition or membership on a varsity sports team.
(2) Participation in athletic related activities.--In order to ensure each student athlete makes satisfactory progress toward the completion of a degree, each intercollegiate athletic association and any institution that is a member of such association may limit a student athlete to only participate in countable athletic-related activities as part of the educational, developmental, or extracurricular programs of the institution.
(3) Rule of construction.--Paragraph (1) may not be construed as preventing an institution, an athletic department of an institution, or a representative thereof from--
(A) informing a student athlete of academic eligibility requirements and mandatory and expected team activities; or
(B) providing other legitimate academic counseling and support services, in collaboration with the institution, to help the student athlete pursue the academic interests of and improve academic outcomes for the student athlete.
(b) Financial Literacy and Life Skills.--An institution that offers financial literacy and life skills programming directed to student athletes may not include any marketing, advertising, referral, or solicitation offers in such programming.
(c) Scholarship Protections.--
(1) In general.--Except as provided in paragraph (2), an institution that awards a grant-in-aid to a student athlete may not revoke, reduce, or condition the grant-in-aid of the student athlete--
(A) based on the athletic ability or performance of the student athlete or the contribution of the student athlete to the success of a varsity sports team;
(B) as a result of an injury or illness based on a physical or mental medical condition of the student athlete; or
(C) roster management decisions.
(2) Exception.--
(A) In general.--An institution may revoke, reduce, or condition the grant-in-aid of a student athlete or former student athlete who--
(i) transfers to another institution; or
(ii) does not remain in good standing in accordance with--
(I) the standards or code of conduct of the institution applicable to all students;
(II) the established athletics program policies for participating in mandatory team
athletic activities for a varsity sports team; or
(III) the academic standards for athletic eligibility.
(B) Notice.--An institution shall provide a student athlete with timely written notice with respect to any possible revocation or reduction of, or condition on, the grant-in-aid or athletic eligibility of the student athlete.
(C) Reinstatement.--In the case of a revocation or reduction of, or condition on, the grant-in-aid of a student athlete under this paragraph, an institution may reinstate or remove any condition placed on such grant-in-aid if the student athlete subsequently cures or satisfies the reasons provided by the notice in subparagraph (B).
(D) Former student athletes.--
(i) In general.--With respect to a former student athlete described in clause (ii), an institution shall provide the former student athlete--
(I) the opportunity to resume study at the institution for the purpose of completing the requirements necessary to earn a degree; and
(II) either--
(aa) the amount of grant-in-aid the former student athlete received while previously enrolled at the institution and participating--
(AA) in intercollegiate athletic competition; or
(BB) as a member of a varsity sports team; or
(bb) in the case of grant-in-aid previously awarded solely on the basis of demonstrated financial need, grant-in-aid awarded based on the current demonstrated financial need of the former student athlete.
(ii) Former student athlete described.--A former student athlete described in this subparagraph is a former student athlete of an institution who--
(I) was enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition during the preceding 10-year period;
(II) received grant-in-aid while enrolled at the institution;
(III) was not subject to the revocation of grant-in-aid under subparagraph (A)(ii)(I); and
(IV) has not completed the course of study for an undergraduate degree.
(E) Rule of construction.--Nothing in this paragraph may be construed to preclude--
(i) an institution from providing additional grant-in-aid protections for student athletes or former student athletes; or
(ii) an intercollegiate athletic association, conference, institution, student athlete, or former student athlete from requesting or advocating for additional grant-in-aid protections.
(3) Limitation.--Paragraph (2)(D) shall apply only to institutions that compete in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.
SEC. 106.
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MEDICAL COVERAGE REQUIREMENTS.
(a) In General.--Each Division I institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, each institution whose primary membership is in Division II or Division III (as so defined) only with respect to student athletes of the institution who compete in Division I, or an intercollegiate athletic association or conference comprised of Division I member institutions shall provide or cause to be provided--
(1) during the participation of a student athlete in an intercollegiate sport--
(A) all out-of-pocket medical expenses, such as copayments or deductibles, for the health care coverage of a student athlete for any injury or disease incurred through participation in an intercollegiate sport;
(B) the expense for obtaining a medical second opinion independent of the institution for any injury or disease the student athlete incurred through participation in an intercollegiate sport;
(C) catastrophic injury medical insurance for any injury or disease incurred through participation in an intercollegiate sport that exceeds $90,000 in medical costs; and
(D) an end-of-college physical examination for a student athlete for the purpose of documenting and diagnosing any injury or condition related to the student athlete's participation in an intercollegiate sport; and
(2) with respect to a student athlete enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition, for the 5-year period beginning on the day after the last intercollegiate competition for the student athlete, the cost of all out-of-pocket medical expenses of the student athlete for health care coverage for any injury or disease incurred through participation in an intercollegiate sport.
(b) Intercollegiate Athletic Association Post-eligibility Insurance and Catastrophic Injury Fund or Program.--
(1) In general.--An intercollegiate athletic association comprised of member institutions that compete in Division I, Division II, or Division III, as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw, on behalf of its member institutions must establish a fund or program to help cover the cost of--
(A) in the case of a Division I institution that generates less than $20,000,000 in total annual athletics revenue during the preceding academic year, compliance with subsection (a)(2) (or, in the case of a Division II or Division III institution, voluntary compliance with subsection (a)(2)), in the event of demonstrated financial hardship; and
(B) post-eligibility medical expenses for the student athletes of a member institution who are diagnosed with significant long-term conditions related to their participation in an intercollegiate sport, including chronic traumatic encephalopathy and any other cognitive impairment.
(2) Amount of fund.--
(A) In general.--Subject to increases under subparagraph (B) and the limitation under subparagraph (C), the intercollegiate athletic association described in this subsection shall ensure that the fund or program established under this subsection is funded at an amount that totals not less than $60,000,000 on the first day of each academic year.
(B) Subsequent increase.--Subject to the limitation under subparagraph (C), if the amount funded for the fund or program established under this subsection is depleted for an academic year, that amount for the next academic year shall be increased by $5,000,000 as compared to the amount for the previous academic year.
(C) Limitation.--The amount funded for the fund or program established under this subsection shall not exceed $100,000,000.
(3) Use of collective media rights.--In ensuring that the fund or program established under paragraph (2) is adequately funded, an intercollegiate athletic association may use the collective media rights revenue from a covered entity, in accordance with section 5(d)(3) of the Sports Broadcasting Act of 1961, as added by section 203.
(c) Rule of Construction.--Nothing in this section may be construed to preclude--
(1) an intercollegiate athletic association, conference, or institution from providing or causing to be provided to student athletes medical coverage in addition to the medical coverage required by subsection (a); or
(2) an intercollegiate athletic association from exceeding $60,000,000 for the fund or program established in subsection (b) for any academic year.
SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS.
(a) Establishment of Standards.--Not later than 270 days after the date of the enactment of this Act, each institution, conference, and intercollegiate athletic association shall adhere to standards to protect student athletes from sports-related serious injury, conditions, and death, including--
(1) brain injury, by adhering to the concussion management practices, protocols, and legislation of the National Collegiate Athletic Association effective January 15, 2024, and as amended to strengthen protections for student athletes;
(2) heat-related illness, by adhering to the American College of Sports Medicine Expert Consensus Statement on Exertional Heat Illness: Recognition, Management, and Return to Activity (April 2023), and as amended to strengthen protections for student athletes;
(3) rhabdomyolysis, in accordance with the guidelines of the National Collegiate Athletic Association for exertional rhabdomyolysis published in 2025, and as amended to strengthen protections for student athletes; and
(4) for any student athlete who is identified with--
(A) sickle cell trait, by following the guidelines published by the National Collegiate Athletic Association in 2025, and as amended to strengthen protections for student athletes; and
(B) asthma, by following the guidelines of the National Athletic Trainers' Association Position Statement: Management of Asthma in Athletes (September 2005), and as amended to strengthen protections for student athletes.
(b) Measures To Prevent, Assess, and Remediate Abuse or Misconduct.--Each institution, conference, and intercollegiate athletic association shall take reasonable actions to prevent, assess, and remediate--
(1) abuse or hazing of any student athlete, including physical and sexual abuse; and
(2) sexual assault, sexual misconduct, and sexual harassment.
(c) Provision of Information on Contact for Student Athlete Ombudsman.--
(1) Intercollegiate athletic association.--An intercollegiate athletic association shall provide to student athletes information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108, on the internet website of the association.
(2) Institution.--At the beginning of each academic year, an institution shall provide to student athletes information on how to locate the website specified under paragraph (1) or a link to the website and information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108.
(d) Athletic Health and Safety Officers.--
(1) In general.--Each institution shall designate an employee, who is independent of the athletic department, as the athletic health and safety officer for the institution.
(2) Reporting.--The athletic health and safety officer designated under paragraph (1) shall report to an employee of the institution who is independent of the athletic department.
(3) Officer responsibilities.--An employee who is designated by an institution under paragraph (1) as an athletic health and safety officer shall be responsible for, at a minimum--
(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.
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OFFICE OF THE STUDENT ATHLETE OMBUDSMAN.
(a) In General.--An intercollegiate athletic association shall establish an office to support student athletes, known as the "Office of the Student Athlete Ombudsman" (in this section referred to as the "Office").
(b) Duties.--The Office shall--
(1) provide independent advice to student athletes at no cost about the applicable requirements of this title and the amendments made by this title, including with respect to their rights and responsibilities and the resources available;
(2) assist in the resolution of student athlete concerns regarding the intercollegiate athletic association, conferences, or institutions;
(3) provide independent advice to student athletes with respect to the role, responsibility, authority, and jurisdiction of the intercollegiate athletic association, conferences, or institutions;
(4) provide student athletes with current contact information for external third-party resources for student athletes;
(5) provide independent advice to student athletes with respect to the relative value of engaging legal counsel;
(6) develop standard language to explain the rights and responsibilities of student athletes under this Act that institutions shall be required to conspicuously display in common areas where student athletes congregate, such as locker rooms, dormitories, or study areas, to ensure that student athletes are properly informed of their rights, responsibilities, and ability to contact the Ombudsman; and
(7) as appropriate, develop curricula to educate student athletes on their rights and responsibilities under this Act that is capable of being shared through in person or online classes, training sessions, or other means.
(c) Administration.--An intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office.
(d) Confidentiality.--
(1) In general.--The Office shall maintain as confidential any information communicated or provided to the Office in confidence in any matter involving the exercise of the official duties of the Office.
(2) Exception.--The Office may, with the permission of the parties involved, disclose information described in paragraph (1) as necessary to resolve or mediate a dispute.
(3) Application.--The confidentiality requirements under this subsection shall not apply to information--
(A) as necessary to comply with applicable reporting requirements mandated by Federal law;
(B) relating to a felony personally witnessed by a member of the Office;
(C) if necessary to protect an individual at imminent risk of serious harm; or
(D) with the permission of the parties involved, as necessary to resolve or mediate a dispute.
(4) Judicial and administrative proceedings.--
(A) In general.--The Ombudsman and any staff of the Office shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office.
(B) Confidentiality.--Any memorandum, work product, notes, or case file of the Office--
(i) shall be confidential; and
(ii) shall not be--
(I) subject to discovery, subpoena, or any other means of legal compulsion; or
(II) admissible as evidence in a judicial or administrative proceeding.
(5) Prohibition on retaliation.--No employee, contractor, agent, volunteer, or member of an intercollegiate athletic association, a conference, or an institution shall take or threaten to take any action against a student athlete as a reprisal for disclosing information to or seeking assistance from the Office.
(e) Independence in Carrying Out Duties.--The board of directors or other governing board or committee of an intercollegiate athletic association, a conference, or an institution shall not prevent or prohibit the Office from carrying out any duty or responsibility under this section.
SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES,
SERVICES, AND EVENTS.
Intercollegiate athletic associations and conferences shall maintain comparable standards for medical care, lodging, meals, rest, transportation, publicity and promotion, and, if applicable, athletic facilities for championship events or tournaments, across similarly situated men's and women's athletic programs.
SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING
TRANSITIONS.
(a) In General.--An individual who serves, or has served at any point during a competitive season, as football athletic personnel for a varsity sports team for intercollegiate football at an institution shall not, during that same competitive season, perform for another institution any duties or responsibilities customarily associated with a head coach of a varsity sports team for intercollegiate football, including, at a minimum--
(1) recruiting or contacting prospective or current student athletes;
(2) directing, participating in, or materially influencing recruiting strategy or evaluations;
(3) directing, participating in, or materially influencing roster management decisions, including decisions relating to transfers;
(4) facilitating, coordinating, negotiating, or otherwise materially influencing name, image, and likeness activities involving student athletes;
(5) directing, supervising, or materially influencing coaching staff or team operations;
(6) participating in practice planning, game preparation, strategic decision-making, or on-field activities;
(7) publicly representing the institution in an intercollegiate football-related capacity in a manner that reflects or implies authority over the intercollegiate football program; and
(8) undertaking any other activity customarily associated with a head coach of a varsity sports team for intercollegiate football.
(b) Application.--Subsection (a) shall apply without regard to title, formal designation, compensation structure, employment status, or timing of any public announcement, and the applicable intercollegiate athletic association may prohibit any arrangement that, in substance or effect, provides an individual described in subsection (a) with authority or responsibilities customarily exercised by a head coach.
(c) Determination of Ineligibility.--An individual described in subsection (a) who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution during the same competitive season is ineligible to participate in intercollegiate athletic competition for intercollegiate football as head coach for the hiring institution through the conclusion of the competitive season, including any postseason competition, of the prior institution or the hiring institution, whichever occurs later.
(d) Penalties for Non-compliance.--In the event an individual who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution violates this section, that individual shall be ineligible to assume the duties as head coach of the varsity sports team for intercollegiate football at the hiring institution for the subsequent competitive season after the season in which the violation occurred and be subject to additional penalties sufficient to ensure compliance with this section.
(e) Application.--This section applies only to institutions that compete in the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw.
(f) Definitions.--In this section:
(1) Applicable intercollegiate athletic association.--The term "applicable intercollegiate athletic association" means only an intercollegiate athletic association that has at least one member institution that is a member of the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw.
(2) Competitive season.--The term "competitive season" means the period beginning with the first regularly scheduled intercollegiate athletic competition for intercollegiate football for an institution during a season and ending with the conclusion of the final intercollegiate athletic competition for intercollegiate football for the institution during that season.
(3) Football athletic personnel.--The term "football athletic personnel" means any individual employed by, contracted with, or otherwise engaged by an institution
who provides coaching, instruction, recruiting, roster management, or training as the head coach or a coordinator, including an offensive, defensive, or special teams coordinator, of student athletes who are members of or participate with the varsity sports team for intercollegiate football of the institution.
(4) Intercollegiate football.--The term "intercollegiate football"--
(A) means football played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and
(B) does not include a recreational, intramural, or club sport.
SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE
ATHLETIC ASSOCIATION GOVERNING BOARDS.
(a) In General.--Not less than 1/3 of the membership and voting power of any board of directors or other governing board, or committees with authority to establish and enforce rules or bylaws shall be comprised of current student athletes or former student athletes who have graduated from their institution during the preceding 10-year period.
(b) Limitation.--
(1) A former student athlete who is a current or former employee of an intercollegiate athletic association, a conference, or a member institution may not count towards the student athlete membership requirement pursuant to subsection (a); and
(2) no member of any such board or committee shall vote on any matter that presents a conflict of interest for such member.
SEC. 112. TRANSFER PROTECTIONS.
An institution, a conference, an intercollegiate athletic association, or any representative of such entity shall permit a student athlete to transfer from one four-year institution to another four-year institution--
(1) once without losing or delaying eligibility to participate in intercollegiate sports;
(2) except as provided in paragraph (3), a second time with a loss of eligibility to participate in intercollegiate sports during the first academic year following the transfer; and
(3) additionally, without losing or delaying eligibility to participate in intercollegiate sports, upon--
(A) discontinuation of a sport in which the student athlete competes;
(B) the departure of the head coach of the student athlete's varsity sports team;
(C) sexual assault or harassment of the student athlete by an individual associated with the student athlete's institution; or
(D) the student athlete pursuing a graduate degree.
SEC. 113.
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ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
SPORTS.
(a) In General.--An individual is eligible to participate on a Division I or Division II (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) varsity sports team or in intercollegiate athletic competition for a Division I or Division II institution (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) if the individual--
(1) is a student athlete;
(2) meets uniform academic standards established by the relevant intercollegiate athletic association, conference, or institution;
(3) is not a professional athlete; and
(4) complies with established rules that restrict eligibility for violations of State or Federal law.
(b) Years of Eligibility.--
(1) In general.--Subject to paragraph (2), a student athlete is eligible to compete in intercollegiate athletic competition for a Division I or Division II institution (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) for a maximum of 5 calendar years beginning on, whichever occurs first--
(A) the beginning of the academic year following the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls full time at an institution.
(2) Exceptions.--Paragraph (1) does not apply during a period of absence for any of the following:
(A) Reasons of pregnancy.
(B) Religious mission.
(C) Active-duty military service.
(D) Other periods of absence, which may include serious athletic injury or medical condition, adopted by rule or bylaw by an intercollegiate athletic association that apply uniformly to all student athletes.
(c) Restrictions on Eligibility.--
(1) In general.--An intercollegiate athletic association or a conference may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete--
(A) used an illegal or performance enhancing drug; or
(B) participated in sports wagering activities or sports-related event contracts.
(2) Code of conduct.--An institution may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete violated the code of conduct of the institution that applies to all students.
(d) Clarification on Youth Activities and Prize Money.--For purposes of subsection (a)(3)--
(1) a student athlete who competes in basketball shall not be considered a professional athlete based on their participation in athletic competitions prior to, whichever occurs first--
(A) the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls full time at an institution; and
(2) a student athlete who competes in a sport other than football or basketball shall not be considered a professional athlete based solely on the amount of prize money the student athlete received based on place finish or performance in an athletic event before or after enrollment in an institution, so long as--
(A) the prize money was provided only by the sponsor of the athletics event; and
(B) the sponsor of the athletics event is not an institution, employee of an institution, volunteer of an institution, collective, or an associated entity.
(e) Transfer From 2-year Institution.--No intercollegiate athletic association or conference shall require a student athlete who transfers from a 2-year institution to a 4-year institution to meet additional or more stringent academic standards than the academic standards required for student athletes who transfer from a 4-year institution.
(f) Rule of Construction.--Nothing in this section shall be construed to restrict the ability of an institution to--
(1) require student athletes to meet or maintain academic standards that are in addition to, or more stringent than, the standards described in subsection (a) if such standards are required of all students enrolled at the institution;
(2) discipline or sanction a student athlete for violating a rule, regulation, or code of conduct that applies to all students enrolled at the institution; or
(3) discipline or sanction a student athlete for violating a rule, regulation, or a code of conduct that applies to all student athletes participating in intercollegiate athletic competition at that institution.
SEC. 114. PROHIBITED COMPENSATION AND AGREEMENTS.
(a) Certain Agreements and Compensation Prohibited.--
(1) Prohibition.--An institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall not--
(A) except as provided in paragraph (2) and subsection (b), arrange, provide, offer, or permit, directly or indirectly, compensation in an amount that would circumvent or result in the institution exceeding the revenue share cap to--
(i) a student athlete, a group of student athletes, or their family members; or
(ii) a prospective student athlete, a group of prospective student athletes, or their family members;
(B) except for a name, image, and likeness agreement between a student athlete and an institution or between a prospective student athlete and an institution, enter into a name, image, and likeness agreement with a student athlete or prospective student athlete that is not--
(i) for a valid business purpose; and
(ii) commensurate with compensation paid by third parties to individuals with a similar profile, reputation, or notability who are not student athletes or prospective student athletes at the institution; or
(C) provide compensation for any purpose to a prospective student athlete prior to enrollment in an institution, but nothing in this subparagraph shall prohibit an institution from providing compensation to attend a development camp or program if that camp or program is open to non-prospective student athletes and such compensation does not exceed the reasonable costs of attendance.
(2) Retention fund.--
(A) Retention fund exception.--Except as provided in subparagraph (B), an institution may exceed the revenue share cap by not more than $22,500,000 per academic year for the purpose of retaining a student athlete or group of student athletes who have spent at least one full competitive season at the institution.
(B) Non-revenue generating intercollegiate sports programs.--
(i) In general.--An institution may further exceed the revenue share cap for the purpose described in subparagraph (A) by up to an additional $5,000,000 per academic year in proportion to the amount of name, image, and likeness compensation provided by the institution through the revenue share cap described in subsection (a)(1) and the retention fund amount described in subparagraph (A) to a student athlete or group of student athletes competing in non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs.
(ii) Clarification.--Nothing in clause (i) shall be interpreted to preclude an institution from providing name, image, and likeness compensation through the revenue share cap described in subsection (a)(1) and the retention fund amount described in subparagraph (A) in excess of $5,000,000 to a student athlete or group of student athletes competing in non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, provided such compensation complies with subparagraph (A) and subsection (a)(1).
(C) Time limitation.--The exception described in subparagraph (A) shall apply only during the nine-year period beginning on the date of the enactment of this Act.
(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.
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June 6, 2025), restrict the ability of a student athlete enrolled at an institution to receive compensation from an intercollegiate athletic association, an institution, a conference, or an associated entity, for personal benefits related to education or intercollegiate athletics, if those benefits are--
(1) reasonable costs of transportation and temporary lodging for family members of a student athlete while the student athlete is experiencing a documented physical or mental health concern or participating in an intercollegiate athletic competition;
(2) reasonable costs for meals, shelter, medical coverage, and medical expenses not provided or covered by the institution; or
(3) reasonable education-related financial benefits, such as institution fees, books, or other incidental educational expenses that are not otherwise provided by the institution.
(c) Multimedia Rights Holders, Sponsors, Apparel Companies, and Vendors.--In the case of a name, image, and likeness agreement involving, or brokered by, a multimedia rights holder, or a sponsor of the institution in which the student athlete is enrolled or plans to enroll that has a commercial relationship with the institution, an apparel company that has a commercial relationship with the institution, or a vendor for the athletic department or athletic facilities that has a commercial relationship with the institution--
(1) the multimedia rights holder shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity affirming that the institution in which the student athlete is enrolled or plans to enroll is not the originating source of the compensation to be paid to the student athlete or prospective student athlete and that payment of the compensation is not coming directly or indirectly from the institution;
(2) the third party or the sponsor, apparel company, or vendor benefitting from the name, image, and likeness of the student athlete or prospective student athlete shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity affirming that it is the originating source of the compensation to be paid to the student athlete, that it did not receive funds, directly or indirectly, from the institution in which the student athlete is enrolled or plans to enroll for the purpose of financing the agreement, that the institution did not forgo funds due from the third party or the sponsor, apparel company, or vendor for the purpose of financing the agreement, and that the institution did not negotiate for and determine the amount of compensation to be paid to the student athlete or prospective student athlete through the agreement; and
(3) the institution at which the student athlete is enrolled or plans to enroll, if required by the intercollegiate athletic association or its designated enforcement entity, shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity that the institution is not circumventing the revenue share cap through the name, image, and likeness agreement, or negotiating for and determining the amount of compensation to be paid to the student athlete or prospective student athlete through the agreement.
(d) Valid Business Purpose.--Except for a name, image, and likeness agreement with an institution, a name, image, and likeness agreement with a student athlete shall be for a valid business purpose.
(e) Payments to Coaches and Managers.--
(1) In general.--An institution described in paragraph (2) may not compensate or otherwise provide or promise any type of payment or benefit of more than $500,000 to any coach, assistant coach, general manager, or other person who coaches or manages a varsity sports team by using, diverting, budgeting, or otherwise obtaining funds from any source other than college sports revenue or a donation or contribution to the athletic department of the institution.
(2) Institution described.--An institution described in this paragraph is an institution with more than $80,000,000 in total annual athletics revenue during the preceding academic year.
(f) Institution Defined.--In this section, the term "institution" means--
(1) an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
(2) an institution that is a party to, through membership in a conference or otherwise, "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or has opted in to the Injunctive Relief Settlement in that case.
SEC. 115. CONGRESSIONAL APPROVAL OF CONTINUATION OF REVENUE
SHARE CAP AND RETENTION FUND.
(a) Continuation Upon Congressional Approval.--
(1) Cessation absent approval.--Except as provided in paragraph (2), if the covered settlement agreement expires or terminates but no joint resolution of approval relating to the notice of the expiration or termination is enacted into law during the applicable congressional approval period, the provisions of section 114 relating to the revenue share cap, and, notwithstanding section 114(a)(2)(C), the retention fund, shall--
(A) in the case of an expiration--
(i) cease to have force or effect on the date of such expiration, if the applicable congressional approval period ends before that date; or
(ii) if the applicable congressional approval period ends after the date of such expiration, at the end of the applicable congressional approval period; or
(B) in the case of a termination, remain in effect without interruption notwithstanding such termination until, and cease to have force or effect at, the end of the applicable congressional approval period.
(2) Continuation upon approval.--If a joint resolution of approval relating to the notice of the expiration or termination is enacted into law, the provisions of section 114 relating to the revenue share cap and, only if specified in the joint resolution of approval, the retention fund, in effect immediately before such expiration or termination or at the time the notice is provided to Congress pursuant to subsection (b), subject to paragraph (3), shall continue in effect without interruption beginning on the date of such expiration or termination.
(3) Recalculation of revenue share cap dollar amount.--In the first 2 years following a continuation under paragraph (2), the revenue share cap shall increase by 4 percent each year over the previous year's amount. In the third year following a continuation under paragraph (2), and every 3 years thereafter, the revenue share cap shall be recalculated based on 22 percent of the Average Shared Revenue based on the most recent Membership Financial Reporting System Reports available, or, if the covered settlement agreement is modified, pursuant to the amendment provision specified in paragraph 55 of that settlement, pursuant to the calculation process in effect immediately before the expiration or termination of the covered settlement agreement or at the time the notice is provided to Congress pursuant to subsection (b). In each of the 2 years following each such recalculation, the revenue share cap shall increase by 4 percent each year over the previous year's amount. For purposes of this paragraph, all information used to calculate the revenue share cap pursuant to the covered settlement agreement, or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement, shall be subject to a publicly available, independent third-party audit to verify the accuracy of such information for purposes of complying with this subsection.
(b) Notice to Congress.--
(1) Scheduled expiration.--Not later than 180 calendar days before the date on which the covered settlement agreement is scheduled to expire, the defendant parties, or in the case of disagreement, a majority of defendant parties, to the covered settlement agreement shall transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written notice of the scheduled expiration. If the scheduled expiration date is established less than 180 calendar days before that date, any defendant party to the covered settlement agreement shall transmit the notice not later than 1 calendar day after the scheduled expiration date is established.
(2) Early termination.--Not later than 1 calendar day after the date on which the defendant parties to the covered settlement become aware of a court order that provides for the termination of the covered settlement agreement before its scheduled expiration, any defendant party to the covered settlement agreement shall transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written notice of the termination.
(3) Contents.--A notice under this subsection shall include--
(A) the scheduled, expected, or actual date of the expiration or termination, if known, and the basis for the expiration or termination; and
(B) the dollar amounts and material terms of the revenue share cap in effect, or expected to be in effect, immediately before the expiration or termination.
(4) Date of receipt.--Congress receives a notice under this subsection on the date on which both the President pro tempore of the Senate and the Speaker of the House of Representatives receive the notice.
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In the event a notice is not provided to Congress under this subsection, notice shall be deemed to have been received by Congress not later than 3 calendar days after the date of the expiration or termination of the covered settlement agreement.
(5) Deemed receipt.--Notwithstanding paragraph (4), for purposes of this section, a notice required under this subsection received after the expiration or termination of the covered settlement agreement shall be deemed to have been received by Congress on the date on which covered settlement agreement expired or terminated.
(c) Joint Resolution of Approval.--
(1) Applicable congressional approval period.--With respect to a notice under subsection (b), the term "applicable congressional approval period" means the 30-calendar-day period beginning on the date on which Congress receives the notice, except that the congressional approval period shall immediately terminate upon the passage a of a joint resolution of approval by the Senate and the House of Representatives.
(2) Joint resolution of approval.--For purposes of this section, the term "joint resolution of approval" means only any joint resolution--
(A) that is introduced not later than 10 calendar days after the date on which Congress receives the notice under subsection (b) to which the joint resolution relates;
(B) that does not have a preamble;
(C) the title of which is either of the following:
(i) "Joint resolution approving the continuation of the revenue share cap and retention fund under the Protect College Sports Act of 2026"; or
(ii) "Joint resolution approving the continuation of the revenue share cap under the Protect College Sports Act of 2026"; and
(D) the sole matter after the resolving clause of which is either of the following:
(i) for a joint resolution with a title described in subparagraph (C)(i): "That Congress approves, under section 115 of the Protect College Sports Act of 2026, the continuation, after the expiration or termination described in the notice received by Congress on __________, 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.
(C) Vote on passage.--After cloture is invoked on the joint resolution, the vote on passage shall occur immediately following the conclusion of the period of post-cloture consideration under subparagraph (B) and, if requested in accordance with the rules of the Senate, a single quorum call.
(D) Rulings of the chair on 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.
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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;
(C) 4 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives, in consultation with the chair of the Committee on Education and Workforce of the House of Representatives, of which at least 1 member shall be a student athlete or former student athlete;
(D) 4 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives, in consultation with the ranking member of the Committee on Education and Workforce of the House of Representatives, of which at least 1 member shall be a student athlete or former student athlete;
(E) 1 member shall be a current or former student athlete appointed by the majority leader of the Senate, in consultation with the chair of the Committee on Commerce, Science, and Transportation of the Senate and the chair of the Committee on Health, Education, Labor, and Pensions of the Senate;
(F) 1 member shall be a current or former student athlete appointed by the minority leader of the Senate, in consultation with the ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate;
(G) 1 member shall be a current or former student athlete appointed by Speaker of the House of Representatives, in consultation with the chair of the Committee on Energy and Commerce of the House of Representatives and the chair of the Committee on Education and Workforce of the House of Representatives;
(H) 1 member shall be a current or former student athlete appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Energy and Commerce of the House of Representatives and the ranking member of the Committee on Education and Workforce of the House of Representatives;
(I) 1 member shall be a representative of a historically Black college or university, appointed by the majority leader of the Senate;
(J) 1 member shall be a representative of a historically Black college or university, appointed by the Speaker of the House of Representatives;
(K) 1 member shall be a representative of a mid-sized conference, appointed by the majority leader of the Senate; and
(L) 1 member shall be a representative of a mid-sized conference, appointed by the Speaker of the House of Representatives.
(2) 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.
(c) Authority.--The Commission may, for the purpose of carrying out the duties of the Commission--
(1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers relevant to the purpose of the Commission; and
(2) require, by subpoena issued upon a majority vote of the Commission, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission considers relevant to the purpose of the Commission, provided that the Commission shall take such action as may be necessary and appropriate to preserve the confidentiality of trade secrets or other confidential information of conferences, intercollegiate athletic associations, institutions, or other entities the Commission deems appropriate.
(d) 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;
(C) whether any intercollegiate sport should be subject to spending or cost limitations;
(D) whether to eliminate, extend, or change the revenue share cap and retention fund described in section 114(a)(2), including consideration of the calculation of the revenue share cap and additional categories of revenue that should be included in such calculation;
(E) compliance with endorsement contract reporting requirements established by an athletic association or a conference;
(F) adequacy of health, wellness, and safety standards established pursuant to this title and compliance with those standards by institutions, including a review of violations of this title, student athlete injuries, student athlete deaths, the adequacy of the independent reporting structure of the athletic health and safety officers, and the independence of medical personnel decisions, and consideration of options for additional health, wellness, and safety standards and increased oversight (including by a third-party oversight organization) to improve compliance and enforcement of health, wellness, and safety standards;
(G) the adequacy of the athlete agent provisions of this title;
(H) the extent to which student athletes experience abuse or mistreatment and measures that could protect student athletes from such abuse or mistreatment, including consideration of options for greater oversight (including by a third-party oversight organization) to reduce instances of abuse and mistreatment;
(I) the benefits of the intercollegiate athletic system, including consideration of how the balance of education and athletics impacts the life skills, educational opportunities, leadership skills, character development, and personal growth of the student athlete;
(J) within the Student Athlete Retention Council established under subsection (e), whether the retention fund exception under section 114(a)(2)(A) should be adjusted after the date of the enactment of this Act, and if so, the amount of annual compensation that should be subject to the retention fund exception;
(K) the opportunities and drawbacks with providing student athletes a method to derive long term financial stability through financial interest in the value of a collegiate athletic program; and
(L) any other recommendations regarding intercollegiate athletics.
(2) To draft a joint resolution of approval under subsection (j) that provides for implementation of the recommendation of the Commission on whether to eliminate, raise, or lower the Pool Benefits Limit in section 114(a).
(3) Not later than 30 months after the date of the enactment of this Act, to submit a preliminary report on the Commission's findings related to matters under paragraph (1) to--
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Energy and Commerce of the House of Representatives; and
(C) the President.
(4) Not later than 5 years after the date of the enactment of this Act, to submit a report on the activities of the Commission, including recommendations for such legislative action as the Commission considers appropriate, to--
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Energy and Commerce of the House of Representatives; and
(C) the President.
(e) Student Athlete Retention Council.--
(1) 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.
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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
(C) has received compensation in contravention of section 114 or section 115; or
(4) decertify an athlete agent for violations of section 103 or the amendments made by section 102.
(c) Requirements for an Intercollegiate Athletic 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
(C) is filed in an appropriate district court of the United States.
(10) Section 113, only to the extent the claim--
(A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the eligibility standard set forth in section 113;
(B) is filed against a Division I or Division II institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and
(C) is filed in an appropriate district court of the United States.
(11) Section 114(b).
(b) 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).
(c) Relief.--In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award the plaintiff--
(1) actual damages; and
(2) any other relief, including equitable relief or declaratory relief, that the court determines appropriate (including attorney's fees, if otherwise allowed under applicable law).
(d) Limitation on Pre-dispute Agreements and Waivers.--
(1) Pre-dispute arbitration agreement.--
(A) 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.
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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;
(C) temporary relief while the case is pending; and
(D) if the prevailing individual is an employee--
(i) reinstatement with the same seniority status that the individual would have had, but for the discrimination; and
(ii) backpay otherwise owed to the individual, with interest.
(c) Rights Retained by Individual.--Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any individual under any Federal or State law, or under any labor contract.
(d) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes.--
(1) Waiver of rights and 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
(C) any provision described in subsection (a)(1)-(3) or (b) of section 113 relating to the eligibility of a student athlete to participate in intercollegiate athletics.
(b) Preservation of State 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.
(C) Tort law, unless otherwise specified in paragraph (2).
(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.
(C) Property damage.
(D) Sexual assault.
(E) Injury.
(F) Harassment.
(G) Any cause of action derivative of any of subparagraphs (A) through (F).
(c) Rules of Construction.--
(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.
(c) Except as provided in subsection (a), nothing in this Act shall be construed to extinguish, impair, or otherwise limit a claim for monetary relief arising from conduct that occurred before the date of the enactment of this Act.
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.
(c) Transitional Protection for Women's and Olympic Sports 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 2024-2025.
(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.
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1092(g)), declined by not less than 15 percent from the immediately preceding academic year;
(B) the institution petitions the relevant intercollegiate athletic association for, and is granted, an exemption based on a demonstrable financial hardship;
(C) compliance with that paragraph would materially impair the ability of the institution to comply with Federal law; or
(D) there are extraordinary circumstances relating to financial hardship, including from a natural disaster, act of war, or other circumstance that is beyond the control of the institution or materially impair the ability of the institution to comply with that paragraph.
(3) Covered mid-sized institution 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
(C) para athletes included as walk-on athletes shall not be counted toward any roster cap or scholarship count established for that intercollegiate sport.
(2) 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.
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
(C) by inserting after paragraph (12), as so redesignated, 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.
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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
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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 or
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.
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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.
(c) Reversion of Rights.--
(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.
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.
(c) Priority.--In awarding grants under this section, the Assistant Secretary, in consultation with the Secretary--
(1) shall give priority to an eligible entity that--
(A) demonstrates the greatest need to improve campus broadband and information technology infrastructure, as determined by a comparison of factors identified by the Assistant Secretary, which may include--
(i) the availability, capacity, and condition of broadband service and network infrastructure on the campus of the eligible entity;
(ii) the median age of the network and information technology infrastructure that the entity will use grant funds to improve;
(iii) the extent to which student enrollment and instructional demands exceed existing network capacity; and
(iv) the total amount of deferred maintenance of the network and information technology infrastructure of the entity;
(B) demonstrates the most limited capacity to raise funds for the long-term improvement of campus broadband and information technology infrastructure, as determined by an assessment of--
(i) the current and historic ability of the eligible entity to raise funds for construction, renovation, modernization, and major repair projects for campus;
(ii) whether the eligible entity has been able to issue bonds or receive other funds to support school construction projects;
(iii) the bond rating of the eligible entity;
(iv) the number of students enrolled as of the date on which the application is submitted;
(v) the total value of the endowment of the eligible entity as of the date on which the application is submitted;
(vi) the total amount of deferred maintenance of such infrastructure; and
(vii) the amount and sources of institutional revenue;
(C) enrolls the highest percentages of students who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
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1070a et seq.), and whose families qualify for other Federal need-based aid;
(D) is a public institution that--
(i) faces declining State support or investment; and
(ii) demonstrates limited ability to generate revenue, as determined by assessing--
(I) the total value of the endowment of the institution as of the date on which the application is submitted; and
(II) the costs of the deferred maintenance of the institution relative to the total revenue of the institution;
(E) demonstrates an effort to seek support from public and private entities for projects carried out with a grant awarded under this title; and
(F) proposes a project with the lowest total cost per student projected to be served, taking into account short-term and long-term costs of the project, cost differentials between geographical regions, and other key cost drivers over the lifetime of the project, and demonstrates how those factors contribute to overall cost efficiency; and
(2) may give priority to an eligible entity--
(A) that did not receive a grant under this title in the preceding fiscal year;
(B) that proposes projects aligned with long-term infrastructure priorities that--
(i) serve as regional models, as determined by the Secretary;
(ii) address multiple needs on the campus of the entity; or
(iii) address the needs of at least 1 eligible entity in addition to the entity receiving the grant;
(C) that is a member of an HBCU athletic conference;
(D) that commits to using the facilities and equipment funded under the grant to produce or distribute live coverage of intercollegiate athletic events in women's sports and Olympic sports; or
(E) that has entered into, or demonstrates plans to enter into, a partnership, licensing arrangement, or distribution agreement with a covered entity, a conference, an intercollegiate athletic association, or a video programming distributor with respect to media rights to intercollegiate athletic events of the eligible entity.
(d) 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 Register a request for public comment on the design and administration of the grant program under this title, with a comment period of not less than 45 days.
(2) 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
(C) the process and timeline for awarding grants.
(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;
(C) streaming and digital distribution infrastructure enabling the eligible entity to distribute live coverage of intercollegiate athletic events directly to the public, including in the local market of the eligible entity; and
(D) programs that train students of the eligible entity in sports programming, including coverage, production, distribution, and all other aspects of media operations, integrated where practicable with the journalism and media programs of the entity.
(b) 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.
(c) Prohibited Uses.--An eligible entity that receives a grant under this title may not use the grant funds for--
(1) payment of routine and predictable maintenance costs or minor repairs;
(2) the purchase or support of any communications equipment or service (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608)) that poses a risk to national security;
(3) activities that are funded, in whole or in part, under part B of title III of the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.), unless the Secretary approves such use;
(4) last-mile deployment of broadband service to a campus of an eligible entity--
(A) that already has access to broadband service at a download speed of not less than 1 gigabit per second at the eligible entity's primary network aggregation point; or
(B) where there is a legally enforceable obligation to deploy broadband service at the speed described in subparagraph (A); or
(5) technology whose primary purpose is fundraising or the conduct of ceremonial events.
(d) 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.);
(C) the broadcast licensing of noncommercial educational broadcast stations operated by eligible entities; and
(D) the local broadcast availability of intercollegiate athletic events.
(2) State broadband offices, with respect to funds made available under the Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act (47 U.S.C. 1702).
(3) Other Federal agencies, including the Department of Agriculture, that fund Federal broadband deployment programs.
(4) Intercollegiate athletic associations and any covered entity, with respect to production standards, media rights, and distribution arrangements relevant to projects funded under this title.
(5) The Director of the Office of Minority Broadband Initiatives.
(b) 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.
(c) Nonduplication.--In carrying out coordination activities under subsection (a), the Assistant Secretary shall ensure that any grant or other funds provided under this title avoid duplication with a project that has received Federal funds from a Federal entity described in that subsection.
SEC. 305.
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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;
(C) with respect to projects described in paragraphs (2) and (4) of section 303(a), the number of intercollegiate athletic events and other campus media productions produced, transmitted, or distributed using facilities or equipment funded under this title, disaggregated by sport and including events in women's sports and Olympic sports; and
(D) the number of students receiving training in journalism, broadcasting, or media production supported under this title.
(b) Grantee Reporting 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.
(c) Measures of Usage and Engagement.--Device utilization, log-in counts, bandwidth consumed, platform hours, or any other measure of usage or engagement may not be--
(1) used to fully satisfy any performance metric under this title; or
(2) reported as evidence of the effectiveness of a program carried out using grant funds awarded under this title.
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;
(C) the Committee on Education and Workforce of the House of Representatives; and
(D) the Committee on Energy and Commerce of the House of Representatives.
(2) 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 2032.
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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:
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At the end add the following.
"This Act shall take effect 1 day after the date of enactment."
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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:
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Strike "1 day" and insert "2 days".
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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:
Text printed in the Record (103 characters)
At the end add the following.
"This Act shall take effect 3 days after the date of enactment."
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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:
Text printed in the Record (44 characters)
Strike "3 days" and insert "4 days".
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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:
Text printed in the Record (103 characters)
At the end add the following.
"This Act shall take effect 5 days after the date of enactment."
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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:
Text printed in the Record (44 characters)
Strike "5 days" and insert "6 days".
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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:
Text printed in the Record (44 characters)
Strike "6 days" and insert "7 days".
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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:
Text printed in the Record (4,847 characters)
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.
(C) Football.
(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;
(C) has an agreement with the league to receive a portion 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).
(c) Free Access for Local Fans.--
(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.
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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:
Text printed in the Record (2,233 characters)
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
(C) any provision described in subsection (a)(1)-(3) or (b) 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).
(c) Rules of Construction.--
(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.
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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:
Text printed in the Record (1,194 characters)
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.
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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:
Text printed in the Record (48 characters)
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:
Text printed in the Record (473 characters)
In section 119, strike subsection (c) and insert the following:
(c) Relief.--In a civil action brought under subsection (a) 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.
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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:
Text printed in the Record (1,310 characters)
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
(C) any other institution described in section 371(a) of 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 2032.
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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:
Text printed in the Record (806 characters)
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;
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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:
Text printed in the Record (10,446 characters)
At the end of title X, add the following:
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
(C) does not include any non-appropriated agency, 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.
(c) Oversight.--
(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
(C) make each classified missing Armed Forces and civilian 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.
Text printed in the Record (10,717 characters)
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.
(c) Transmission to the National Archives.--Each Government 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.
(C) Scope.--The periodic review of postponed missing Armed 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;
(C) reveal formally named or numbered United States 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.
(c) Exception.--Regardless of the date on which a missing 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.
Text printed in the Record (11,993 characters)
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;
(C) 1 shall be appointed in consultation with the minority 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;
(C) not be employees of an Executive agency on the date of 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.
(c) Security Clearances.--
(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;
(C) obtain access to missing Armed Forces and civilian 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
Text printed in the Record (6,731 characters)
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
(C) shall not have any conflict of interest with the 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;
(C) be responsible for the administration of all official 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.
(c) Compensation.--The Review Board shall fix the 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.
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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.
(c) Notice to Public.--Every 30 days, beginning on the date 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;
(C) the President;
(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.
(C) The estimated time and volume of missing Armed Forces 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;
(C) any other findings that the Review Board chooses to 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.
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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.
(c) Judicial Review.--Nothing in this subtitle shall be 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.
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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:
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At the end of title X, add the following:
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
(C) does not include any non-appropriated agency, 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.
(c) Oversight.--
(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
(C) make each classified missing Armed Forces and civilian 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.
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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.
(c) Transmission to the National Archives.--Each Government 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.
(C) Scope.--The periodic review of postponed missing Armed 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;
(C) reveal formally named or numbered United States 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.
(c) Exception.--Regardless of the date on which a missing 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.
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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;
(C) 1 shall be appointed in consultation with the minority 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;
(C) not be employees of an Executive agency on the date of 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.
(c) Security Clearances.--
(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;
(C) obtain access to missing Armed Forces and civilian 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
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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
(C) shall not have any conflict of interest with the 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;
(C) be responsible for the administration of all official 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.
(c) Compensation.--The Review Board shall fix the 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.
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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.
(c) Notice to Public.--Every 30 days, beginning on the date 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;
(C) the President;
(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.
(C) The estimated time and volume of missing Armed Forces 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;
(C) any other findings that the Review Board chooses to 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.
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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.
(c) Judicial Review.--Nothing in this subtitle shall be 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.
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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:
Text printed in the Record (475 characters)
In section 119, strike subsection (c) and insert the following:
(c) Relief.--In a civil action brought under subsection (a) 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.
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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:
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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;
(C) provide to any student athlete who reports sexual 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.
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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:
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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; or
(B) sexual assault or harassment of the coach by an individual associated with the institution at which the individual coaches.
Text of Senate Amendment 6776
Pages S4804–S4813 · Official textSA 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:
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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.
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.
Sec. 301. Short title. Sec. 302. Grants for improvement of broadband, technology, media, and sports broadcast infrastructure of HBCUs. Sec. 303. Grant uses. Sec. 304. Coordination. Sec. 305. Reports and evaluation. Sec. 306. Definitions. Sec. 307. Authorization of appropriations.
TITLE I--PROTECTIONS OF STUDENT ATHLETES AND FAIR COMPETITION
SEC. 100. DEFINITIONS.
In this title:
(1) Antitrust laws.--The term "antitrust laws" has the meaning given that term in the 1st section of the Clayton Act (15 U.S.C. 12) and includes--
(A) section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition; and
(B) any similar State antitrust law, including a State law provision that applies to covering unfair methods of competition having the force and effect of law.
(2) Associated entity.--The term "associated entity" means any individual or entity, including a collective, that--
(A) is known, or was known, or should have been known to the athletics department staff of an institution to exist, in significant part, for the purpose of--
(i) promoting or supporting a particular institution's intercollegiate athletics program or student athletes; or
(ii) creating or identifying name, image, and likeness opportunities solely for a particular institution's student athletes;
(B) is or was a member, employee, director, officer, owner, or agent of an individual or entity described in subparagraph (A);
(C) directly or indirectly (including contributions by an affiliated entity, individual, or family member) has contributed more than $50,000 over their lifetime to a particular institution or to an individual or entity described in subparagraph (A);
(D) has--
(i) been directed or requested by an institution's athletic department staff to assist in the recruitment or retention of student athletes or prospective student athletes; or
(ii) otherwise assisted in the recruitment or retention of student athletes or prospective student athletes; or
(E) is owned, controlled, or operated by, or otherwise affiliated with the individuals or entities described in subparagraphs (A) through (D), other than a publicly traded corporation.
(3) Athlete agent.--The term "athlete agent" has the meaning given that term in section 2 of the Sports Agent Responsibility and Trust Act (15 U.S.C. 7801).
(4) Collective.--The term "collective"--
(A) means a person, corporation, booster organization, tax-exempt organization, or other entity that provides donations or other support directly or indirectly to or for the benefit or support of--
(i) a student athlete who is enrolled, or who may enroll, at an institution; or
(ii) the intercollegiate athletics program or any booster organization of an institution; and
(B) does not include--
(i) an immediate family member of a student athlete; or
(ii) an individual or entity that--
(I) licenses trademark rights of an institution; and (II) does not--
(aa) license name, image, and likeness rights of student athletes; or
(bb) make payments earmarked or designated to fund name, image, or likeness licenses or other payments to student athletes.
(5) Compensation.--The term "compensation"--
(A) means any payment, remuneration, or benefit provided to a student athlete or a prospective student athlete; and
(B) does not include--
(i) grants-in-aid;
(ii) Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) or any other Federal or State grants unrelated to and not awarded with regard to participation in intercollegiate sports;
(iii) health insurance and the costs of health care funded by an institution, intercollegiate athletic association, or conference;
(iv) disability and loss-of-value insurance, including disability and loss-of-value insurance funded by an institution, intercollegiate athletic association, or conference;
(v) career counseling, job placement services, or other guidance available to all students at an institution;
(vi) hourly wages and benefits for work performed outside of participating in intercollegiate sports at a rate commensurate with the prevailing rate in the relevant State or locality for similar work;
(vii) enhanced education benefits, including academic awards;
(viii) financial literacy or tax education resources; or
(ix) any program to connect student athletes with employers and facilitate employment opportunities, if--
(I) the financial terms of such employment opportunities are consistent with the terms offered to similarly situated employees who are not student athletes; and
(II) such program is not used to induce a student athlete to attend a particular institution.
(6) Conference.--The term "conference" means any organization that is not an intercollegiate athletic association and that--
(A) has 2 or more institutions as members; and
(B) arranges championships for intercollegiate athletic competitions or sets rules for intercollegiate athletic competition.
(7) Cost of attendance.--The term "cost of attendance"--
(A) has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and
(B) shall be calculated by the financial aid office of an institution applying the same standards, policies, and procedures for all students.
(8) Grant-in-aid.--The term "grant-in-aid" means--
(A) a scholarship, grant, stipend, or other form of financial assistance, including the provision of tuition, room, board, books, or funds for fees or personal expenses, that--
(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.
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1001).
(11) Intercollegiate athletic association.--The term "intercollegiate athletic association"--
(A) means any organization, not-for-profit corporation, association, or any other group organized in the United States that--
(i) sponsors or arranges intercollegiate athletic competition between institutions;
(ii) sets common rules, standards, procedures, or guidelines for the administration of intercollegiate athletic competition;
(iii) is composed of 2 or more institutions or conferences that are located in different States or participate in intercollegiate athletic competition in more than 1 State; and
(iv) is not a conference;
(B) includes--
(i) the National Collegiate Athletic Association; and
(ii) any other national intercollegiate athletic association; and
(C) does not include a corporation, association, or other group affiliated with professional athletic competition.
(12) Intercollegiate athletic competition.--The term "intercollegiate athletic competition" means any intercollegiate sport contest, game, meet, match, tournament, regatta, or other intercollegiate sport event in which student athletes or varsity sports teams compete.
(13) Intercollegiate sport.--The term "intercollegiate sport"--
(A) means a sport played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and
(B) does not include a recreational, intramural, or club sport.
(14) Likeness.--With respect to a student athlete, the term "likeness" means a physical or digital depiction or representation that identifies, is linked to, or is reasonably linked to the student athlete, including --
(A) the uniquely identifiable body, physical characteristics, or voice of the student athlete;
(B) any other mark that identifies or distinguishes the student athlete; or
(C) the jersey number associated with the student athlete during the period of athletic participation by the student athlete at an institution if the jersey number is accompanied by--
(i) a logo or color scheme that is clearly associated with the institution; or
(ii) some other means by which the jersey number is associated with the student athlete.
(15) Name.--With respect to a student athlete, the term "name" means the first or last name that identifies the student athlete, a nickname or assumed name of the student athlete, or a username associated with the student athlete on any public-facing internet platform when used in a context that identifies, is linked to, or is reasonably linked to the student athlete.
(16) Name, image, and likeness agreement.--The term "name, image, and likeness agreement" means a contract or similar agreement between a student athlete (or group of student athletes) and a conference, institution, intercollegiate athletic association, associated entity, collective, or third party regarding the commercial use of the name, image, and likeness rights of the student athlete (or group of student athletes).
(17) Name, image, and likeness rights.--The term "name, image, and likeness rights" means the ability of a student athlete to market and profit from the commercial use of his or her name, image, or likeness.
(18) Prospective student athlete.--The term "prospective student athlete" means an individual who is recruited, actively being recruited, or has been contacted for the purposes of recruitment to attend an institution as a student athlete, but has not yet enrolled at the institution.
(19) Revenue share cap.--The term "revenue share cap" means the Benefits Pool Limit set forth in the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement.
(20) Student athlete.--
(A) In general.--The term "student athlete" means an individual who is enrolled as a full-time student (as defined in section 668.2 of title 34, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act)) at an institution and who--
(i) makes satisfactory academic progress (as determined in accordance with section 668.34 of such title 34 (as in effect on the day before the date of the enactment of this Act)) toward completing a degree; and
(ii) participates in intercollegiate athletic competition or competes for a varsity sports team as part of the institution's educational, developmental, or extracurricular programs.
(B) Rule of construction.--Nothing in subparagraph (A)(i) shall be construed to preclude an institution, conference, or intercollegiate athletic association from establishing satisfactory academic progress standards that are more stringent than the requirements described in subparagraph (A)(i), if such standards are required of all student athletes, or in the case of an institution, of all full-time students.
(21) Third party.--The term "third party" means an individual or entity that is not an institution, associated entity, collective, conference, or intercollegiate athletic association.
(22) Valid business purpose.--The term "valid business purpose" means a purpose genuinely related to the promotion of goods or services provided to the general public for profit.
(23) Varsity sports team.--The term "varsity sports team" means a sports team composed of student athletes that is organized by an institution for the purpose of intercollegiate athletic competition.
SEC. 101. NAME, IMAGE, AND LIKENESS PROTECTIONS.
(a) Student Athlete Name, Image, and Likeness Compensation.--
(1) In general.--Except as provided in this title, an institution, conference, intercollegiate athletic association, or any representative of such an entity may not--
(A) restrict the ability of a student athlete, group of student athletes, or prospective student athlete--
(i) to market or earn compensation for the value of their name, image, or likeness rights; or
(ii) to enter into a name, image, and likeness agreement;
(B) restrict the eligibility for intercollegiate athletic competition for a student athlete or prospective student athlete on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness;
(C) unless otherwise required by law, limit the eligibility or opportunity of a student athlete or prospective student athlete to apply for or receive a grant-in-aid, including the amount, duration, or renewal of such grant-in-aid, on the basis of the student athlete or prospective student athlete entering into a name, image, and likeness agreement, or marketing or earning compensation for the value of their name, image, or likeness; or
(D) unless otherwise required by law, revoke, reduce, or decline to renew a grant-in-aid for a student athlete or prospective student athlete based on the student athlete or prospective student athlete entering into a name, image, and likeness agreement or marketing or earning compensation for the value of their name, image, or likeness.
(2) Consent and compensation for group use.--An institution, conference, intercollegiate athletic association, collective, third party, or any representative thereof, may not use the name, image, or likeness of any group of student athletes to sell or promote any product or service unless the institution, conference, athletic association, collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose.
(3) Exceptions.--
(A) Certain agreements.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete who enters into a name, image, and likeness agreement that violates the code of student conduct of the institution that applies to all students enrolled at the institution.
(B) Certain uses.--An institution may restrict the eligibility for intercollegiate athletic competition of a student athlete or prospective student athlete if, in connection with a name, image, and likeness agreement, the student athlete or prospective student athlete uses a facility, uniform, equipment, registered or unregistered trademark, copyright-protected product, or the official logo, mark, or other indicia of the institution without the express consent of the institution.
(b) Mandatory Disclosures by Student Athletes.--
(1) In general.--All student athletes shall report to their institution and their intercollegiate athletic association, or to an entity designated by their intercollegiate athletic association and under the control of that intercollegiate athletic association pursuant to the Injunctive Relief Settlement Agreement approved by the court in "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025)--
(A) not later than 5 days after entering into a name, image, and likeness agreement, the terms of any such agreement, including the amount and source, that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and
(B) to the extent not reported under subparagraph (A), not later than 30 days after receiving compensation for the name, image, or likeness of the student athlete, the amount and source of any such compensation that exceeds $600, including multiple payments, remunerations, or benefits from
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.
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June 6, 2025)--
(A) the terms of any current or ongoing name, image, and likeness agreement that exceeds $600 in value, including multiple payments, remunerations, or benefits from the same entity that exceeds a total of $600 over a 12-month period; and
(B) to the extent not reported under subparagraph (A), the amount and source of any current or ongoing name, image, and likeness compensation that exceeds $600, including multiple payments, remunerations, or benefits from the same person that exceeds a total of $600 over a 12-month period.
(3) Exception.--
(A) In general.--Paragraphs (1) and (2) shall not apply to either marketing or earning compensation for the value of the name, image, and likeness rights of a student athlete or to the compensation within a name, image, and likeness agreement in which a student athlete receives less than $600, including multiple payments, remunerations, or benefits from the same person that totals less than $600 over a 12-month period.
(B) Adjustment for inflation.--The amount described in subparagraph (A) shall be adjusted for inflation by the percent increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which applicable data is available.
(4) Release of information.--Except as provided in section 104 or as necessary to comply with this Act, an institution may not release any information that would identify a student athlete or prospective student athlete in a disclosure under paragraph (1) or (2) without the express written consent of the student athlete, prospective student athlete, athlete agent of the student athlete or prospective student athlete, or, in case of a minor, the parent or legal guardian of the minor.
(5) Limitation.--This subsection shall apply only to student athletes and prospective student athletes of institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.
(c) Name, Image, or Likeness Compensation by Institutions.--Subject to the requirements of this title, an institution, intercollegiate athletic association, conference, collective, associated entity, or third party, may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, or likeness of the student athlete.
(d) Right to Representation.--An institution, intercollegiate athletic association, or conference may not restrict the eligibility for intercollegiate athletic competition, or any other event or activity relating to intercollegiate athletic competition, of a prospective student athlete or student athlete based on the prospective student athlete or student athlete having obtained an athlete agent or legal representative.
(e) Educational Resources Regarding This Title.--An intercollegiate athletic association shall provide student athletes and prospective student athletes and the parents or guardians of student athletes or prospective student athletes with educational materials relating to this title.
SEC. 102. MODIFICATIONS TO SPORTS AGENT RESPONSIBILITY AND
TRUST ACT.
(a) In General.--The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is amended--
(1) in section 2 (15 U.S.C. 7801)--
(A) in paragraph (1), by striking "an oral or written agreement" and inserting "a written agreement";
(B) in paragraph (5), by inserting before the period the following: "and includes any name, image, and likeness agreement as defined in section 100 of the Protect College Sports Act of 2026";
(C) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
(D) by inserting after paragraph (5) the following:
"(6) Intercollegiate athletic association.--The term `intercollegiate athletic association' has the meaning given that term in section 100 of Protect College Sports Act of 2026";
(2) in section 3 (15 U.S.C. 7802)--
(A) in subsection (a)--
(i) in paragraph (2), by striking "or" at the end;
(ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
"(4) enter into an agency contract or represent a student athlete in a manner that violates section 9;
"(5) charge a student athlete a fee in connection with an endorsement contract that exceeds 5 percent of the value of the endorsement contract;
"(6) enter into an agency contract with an athlete for a term that extends beyond the eligibility of the student athlete to participate in intercollegiate sport;
"(7) make any materially false, deceptive, or fraudulent representation as an athlete agent, including any materially false, deceptive, or fraudulent statement to a student athlete or prospective student athlete that misrepresents the existence, nature, or value of a name, image, or likeness opportunity the athlete agent can arrange on behalf of the student athlete or prospective student athlete through recruitment or transfer to an institution (as defined in section 100 of the Protect College Sports Act of 2026); or
"(8) make a materially false, deceptive, or fraudulent statement in the application for registration as an athlete agent."; and
(B) in subsection (b)(3), by striking "Warning to Student Athlete: If you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport.";
(3) by inserting after section 5 (15 U.S.C. 7804) the following:
"SEC. 5A. PRIVATE RIGHT OF ACTION.
"(a) In General.--Any current or former student athlete alleging a violation of paragraphs (4) through (8) of section 3(a), section 9, or section 10 may bring a civil action in an appropriate district court of the United States or in an appropriate State court.
"(b) Relief.--In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award--
"(1) a declaratory judgment that a name, image, or likeness agreement (as defined in section 100 of the Protect College Sports Act of 2026) or an agency contract, as applicable, is null and void; and
"(2) actual damages.
"(c) Attorney's Fees and Costs.--In a civil action brought under subsection (a) in which the defendant is not an institution (as defined in section 100 of the Protect College Sports Act of 2026), the court may, in its discretion, award reasonable attorney's fees and litigation costs.
"(d) Invalidity of Pre-dispute Arbitration Agreements and Pre-dispute Joint Action Waivers.--
"(1) In general.--Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this Act.
"(2) Applicability.--Any determination as to whether or how paragraph (1) applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator.
"(3) Definitions.--In this subsection:
"(A) Pre-dispute arbitration agreement.--The term `pre-dispute arbitration agreement' means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement.
"(B) Pre-dispute joint-action waiver.--The term `pre-dispute joint-action waiver' means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement."; and
(4) by adding at the end the following:
"SEC. 9. REGISTRATION OF ATHLETE AGENTS AND OTHER
REQUIREMENTS.
"(a) In General.--An athlete agent who seeks to represent a student athlete in an endorsement contract shall--
"(1) register with a State before representing a student athlete for an endorsement contract; and
"(2) enter into an agency contract with the student athlete before providing representation in an endorsement contract.
"(b) Registration Established.--An individual is deemed to be registered with a State for purposes of this section if the individual is--
"(1) a registered professional sports agent with a professional sports league or players association, in good standing; or
"(2) registered and certified under the All State Uniform Agent Acts in the State in which the agent operates, in good standing.
"(c) Certification to Intercollegiate Athletic Associations.--
"(1) Requirement.--An athlete agent that represents a student athlete shall certify to each applicable intercollegiate athletic association that the athlete agent is registered with a State.
"(2) Prohibition.--It is unlawful for an individual to certify to an intercollegiate athletic association that the individual is an athlete agent if the individual is not registered with a State.
"(d) Requirements for Agency Contracts.--To be a valid contract, an agency contract shall--
"(1) state the name of each party to the contract;
"(2) state the term of the contract;
"(3) state the registration information for the athlete agent; and
"(4) state the fee or commission charged by the athlete agent.
"SEC. 10. ENDORSEMENT CONTRACT REQUIREMENTS.
"An endorsement contract made in interstate or foreign commerce is, at the option
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.
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AGENT REGISTRY REQUIREMENTS FOR INTERCOLLEGIATE
ATHLETIC ASSOCIATIONS.
(a) Requirements of Intercollegiate Athletic Associations.--An intercollegiate athletic association shall maintain a publicly available website that includes a searchable database of athlete agents that--
(1) are registered with a State and certified pursuant to section 9 of the Sports Agent Responsibility and Trust Act, as added by section 102; and
(2) have certified compliance with all rules and bylaws of such intercollegiate athletic association, including any recruitment and tampering rules adopted under section 117.
(b) Decertification Permitted.--
(1) In general.--An intercollegiate athletic association may decertify or fine an athlete agent for any violations of section 9 of the Sports Agent Responsibility and Trust Act, as added by section 102, or any violation of section 117 on recruitment and tampering.
(2) Effect of decertification.--An athlete agent that is decertified pursuant to paragraph (1) may not represent or contact a student athlete or prospective student athlete of an institution that is a member of such intercollegiate athletic association.
SEC. 104. DISCLOSURES AND ESTABLISHMENT OF NAME, IMAGE, AND
LIKENESS AGREEMENT DATABASE.
(a) Disclosures by Institutions.--
(1) Disclosure of data on name, image, and likeness agreements.--Not later than July 1 of the first year beginning after the date of the enactment of this Act, and each July 1 thereafter, each institution shall disclose to the intercollegiate athletic association of which the institution is a member, in an anonymized manner, the following data:
(A) With respect to each name, image, and likeness agreement disclosed to the institution by a student athlete as required by section 101(b)--
(i) a description of services rendered; and
(ii) the amount of compensation to be provided to the student athlete or group of athletes under the agreement.
(B) With respect to each name, image, and likeness agreement entered into between the institution and a student athlete, and any other compensation provided or to be provided by an institution to a student athlete--
(i) the amount of compensation provided or to be provided to the student athlete by the institution; and
(ii) disaggregated by intercollegiate sports program--
(I) the number of agreements and payments; (II) the average value of the agreements and payments; and (III) the total value of the agreements and payments.
(2) Report on revenue and student outcomes.--Not later than 60 days after the date on which an academic year ends, each institution with 1 or more intercollegiate sports programs shall submit to the governing athletic association for such institution a report that includes, for the academic year, the following:
(A) The amount of revenues and expenditures of each such sports program, including the amount of associated entity and third-party donations, Federal funds, and State funds, including the total amount of remuneration for personnel of each intercollegiate sports program, individually by program and in the aggregate.
(B) The average number of hours student athletes spent on intercollegiate athletic events and intercollegiate athletic competition, disaggregated by sports program.
(C) The academic outcomes and majors for student athletes, disaggregated by sports program.
(3) Treatment of men's and women's programs.--An institution shall treat men's and women's sports programs as distinct sports programs for the purposes of disclosure and reporting obligations under this subsection.
(4) Protection of personally identifiable information.--In making a disclosure under paragraph (1), an institution shall ensure that no personally identifiable information of a student athlete is transmitted to an intercollegiate athletic association.
(b) Disclosures by Associations and Database.--
(1) In general.--Not later than September of the first year beginning after the date of the enactment of this Act, each intercollegiate athletic association shall establish and maintain a publicly accessible, searchable database for student athletes and their agents to estimate the fair market value for name, image, and likeness agreements, which shall include data collected under subsection (a)(2).
(2) Content of database.--An intercollegiate athletic association shall include the data reported by institutions pursuant to paragraphs (1) and (2) of subsection (a) in the database described in paragraph (1).
(3) Update of database.--An intercollegiate athletic association shall update the database described in paragraph (1) each September 1.
(4) Privacy.--An intercollegiate athletic association shall take reasonable technical measures to ensure that information available in the database described in paragraph (1) may not be used to identify a student athlete.
(c) Limitation.--This section shall apply only to institutions whose primary membership is in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, and shall not apply to any Division II or Division III institution (as so defined) that participates in a limited number of sports at the Division I level.
SEC. 105. ACADEMIC PROTECTIONS.
(a) Prohibitions Relating to Coursework and Extracurricular Activities.--
(1) In general.--An employee or volunteer of an athletic department of an institution may not--
(A) exert undue pressure over or prevent a student athlete from selecting a course or an academic major of the student athlete's choice;
(B) retaliate against a student athlete based on the student athlete's selection of any course or academic major; or
(C) prevent a student athlete who seeks to secure employment or internships, participate in student groups or events, or serve as a volunteer from doing so, unless such activity interferes with mandatory class time or mandatory events related to intercollegiate athletic competition or membership on a varsity sports team.
(2) Participation in athletic related activities.--In order to ensure each student athlete makes satisfactory progress toward the completion of a degree, each intercollegiate athletic association and any institution that is a member of such association may limit a student athlete to only participate in countable athletic-related activities as part of the educational, developmental, or extracurricular programs of the institution.
(3) Rule of construction.--Paragraph (1) may not be construed as preventing an institution, an athletic department of an institution, or a representative thereof from--
(A) informing a student athlete of academic eligibility requirements and mandatory and expected team activities; or
(B) providing other legitimate academic counseling and support services, in collaboration with the institution, to help the student athlete pursue the academic interests of and improve academic outcomes for the student athlete.
(b) Financial Literacy and Life Skills.--An institution that offers financial literacy and life skills programming directed to student athletes may not include any marketing, advertising, referral, or solicitation offers in such programming.
(c) Scholarship Protections.--
(1) In general.--Except as provided in paragraph (2), an institution that awards a grant-in-aid to a student athlete may not revoke, reduce, or condition the grant-in-aid of the student athlete--
(A) based on the athletic ability or performance of the student athlete or the contribution of the student athlete to the success of a varsity sports team;
(B) as a result of an injury or illness based on a physical or mental medical condition of the student athlete; or
(C) roster management decisions.
(2) Exception.--
(A) In general.--An institution may revoke, reduce, or condition the grant-in-aid of a student athlete or former student athlete who--
(i) transfers to another institution; or
(ii) does not remain in good standing in accordance with--
(I) the standards or code of conduct of the institution applicable to all students;
(II) the established athletics program policies for participating in mandatory team
athletic activities for a varsity sports team; or
(III) the academic standards for athletic eligibility.
(B) Notice.--An institution shall provide a student athlete with timely written notice with respect to any possible revocation or reduction of, or condition on, the grant-in-aid or athletic eligibility of the student athlete.
(C) Reinstatement.--In the case of a revocation or reduction of, or condition on, the grant-in-aid of a student athlete under this paragraph, an institution may reinstate or remove any condition placed on such grant-in-aid if the student athlete subsequently cures or satisfies the reasons provided by the notice in subparagraph (B).
(D) Former student athletes.--
(i) In general.--With respect to a former student athlete described in clause (ii), an institution shall provide the former student athlete--
(I) the opportunity to resume study at the institution for the purpose of completing the requirements necessary to earn a degree; and
(II) either--
(aa) the amount of grant-in-aid the former student athlete received while previously enrolled at the institution and participating--
(AA) in intercollegiate athletic competition; or
(BB) as a member of a varsity sports team; or
(bb) in the case of grant-in-aid previously awarded solely on the basis of demonstrated financial need, grant-in-aid awarded based on the current demonstrated financial need of the former student athlete.
(ii) Former student athlete described.--A former student athlete described in this subparagraph is a former student athlete of an institution who--
(I) was enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition during the preceding 10-year period;
(II) received grant-in-aid while enrolled at the institution;
(III) was not subject to the revocation of grant-in-aid under subparagraph (A)(ii)(I); and
(IV) has not completed the course of study for an undergraduate degree.
(E) Rule of construction.--Nothing in this paragraph may be construed to preclude--
(i) an institution from providing additional grant-in-aid protections for student athletes or former student athletes; or
(ii) an intercollegiate athletic association, conference, institution, student athlete, or former student athlete from requesting or advocating for additional grant-in-aid protections.
(3) Limitation.--Paragraph (2)(D) shall apply only to institutions that compete in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.
SEC. 106.
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MEDICAL COVERAGE REQUIREMENTS.
(a) In General.--Each Division I institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, each institution whose primary membership is in Division II or Division III (as so defined) only with respect to student athletes of the institution who compete in Division I, or an intercollegiate athletic association or conference comprised of Division I member institutions shall provide or cause to be provided--
(1) during the participation of a student athlete in an intercollegiate sport--
(A) all out-of-pocket medical expenses, such as copayments or deductibles, for the health care coverage of a student athlete for any injury or disease incurred through participation in an intercollegiate sport;
(B) the expense for obtaining a medical second opinion independent of the institution for any injury or disease the student athlete incurred through participation in an intercollegiate sport;
(C) catastrophic injury medical insurance for any injury or disease incurred through participation in an intercollegiate sport that exceeds $90,000 in medical costs; and
(D) an end-of-college physical examination for a student athlete for the purpose of documenting and diagnosing any injury or condition related to the student athlete's participation in an intercollegiate sport; and
(2) with respect to a student athlete enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition, for the 5-year period beginning on the day after the last intercollegiate competition for the student athlete, the cost of all out-of-pocket medical expenses of the student athlete for health care coverage for any injury or disease incurred through participation in an intercollegiate sport.
(b) Intercollegiate Athletic Association Post-eligibility Insurance and Catastrophic Injury Fund or Program.--
(1) In general.--An intercollegiate athletic association comprised of member institutions that compete in Division I, Division II, or Division III, as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw, on behalf of its member institutions must establish a fund or program to help cover the cost of--
(A) in the case of a Division I institution that generates less than $20,000,000 in total annual athletics revenue during the preceding academic year, compliance with subsection (a)(2) (or, in the case of a Division II or Division III institution, voluntary compliance with subsection (a)(2)), in the event of demonstrated financial hardship; and
(B) post-eligibility medical expenses for the student athletes of a member institution who are diagnosed with significant long-term conditions related to their participation in an intercollegiate sport, including chronic traumatic encephalopathy and any other cognitive impairment.
(2) Amount of fund.--
(A) In general.--Subject to increases under subparagraph (B) and the limitation under subparagraph (C), the intercollegiate athletic association described in this subsection shall ensure that the fund or program established under this subsection is funded at an amount that totals not less than $60,000,000 on the first day of each academic year.
(B) Subsequent increase.--Subject to the limitation under subparagraph (C), if the amount funded for the fund or program established under this subsection is depleted for an academic year, that amount for the next academic year shall be increased by $5,000,000 as compared to the amount for the previous academic year.
(C) Limitation.--The amount funded for the fund or program established under this subsection shall not exceed $100,000,000.
(3) Use of collective media rights.--In ensuring that the fund or program established under paragraph (2) is adequately funded, an intercollegiate athletic association may use the collective media rights revenue from a covered entity, in accordance with section 5(d)(3) of the Sports Broadcasting Act of 1961, as added by section 203.
(c) Rule of Construction.--Nothing in this section may be construed to preclude--
(1) an intercollegiate athletic association, conference, or institution from providing or causing to be provided to student athletes medical coverage in addition to the medical coverage required by subsection (a); or
(2) an intercollegiate athletic association from exceeding $60,000,000 for the fund or program established in subsection (b) for any academic year.
SEC. 107. HEALTH, WELLNESS, AND SAFETY STANDARDS.
(a) Establishment of Standards.--Not later than 270 days after the date of the enactment of this Act, each institution, conference, and intercollegiate athletic association shall adhere to standards to protect student athletes from sports-related serious injury, conditions, and death, including--
(1) brain injury, by adhering to the concussion management practices, protocols, and legislation of the National Collegiate Athletic Association effective January 15, 2024, and as amended to strengthen protections for student athletes;
(2) heat-related illness, by adhering to the American College of Sports Medicine Expert Consensus Statement on Exertional Heat Illness: Recognition, Management, and Return to Activity (April 2023), and as amended to strengthen protections for student athletes;
(3) rhabdomyolysis, in accordance with the guidelines of the National Collegiate Athletic Association for exertional rhabdomyolysis published in 2025, and as amended to strengthen protections for student athletes; and
(4) for any student athlete who is identified with--
(A) sickle cell trait, by following the guidelines published by the National Collegiate Athletic Association in 2025, and as amended to strengthen protections for student athletes; and
(B) asthma, by following the guidelines of the National Athletic Trainers' Association Position Statement: Management of Asthma in Athletes (September 2005), and as amended to strengthen protections for student athletes.
(b) Measures To Prevent, Assess, and Remediate Abuse or Misconduct.--Each institution, conference, and intercollegiate athletic association shall take reasonable actions to prevent, assess, and remediate--
(1) abuse or hazing of any student athlete, including physical and sexual abuse; and
(2) sexual assault, sexual misconduct, and sexual harassment.
(c) Provision of Information on Contact for Student Athlete Ombudsman.--
(1) Intercollegiate athletic association.--An intercollegiate athletic association shall provide to student athletes information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108, on the internet website of the association.
(2) Institution.--At the beginning of each academic year, an institution shall provide to student athletes information on how to locate the website specified under paragraph (1) or a link to the website and information on how to contact the Office of the Student Athlete Ombudsman, as established in section 108.
(d) Athletic Health and Safety Officers.--
(1) In general.--Each institution shall designate an employee, who is independent of the athletic department, as the athletic health and safety officer for the institution.
(2) Reporting.--The athletic health and safety officer designated under paragraph (1) shall report to an employee of the institution who is independent of the athletic department.
(3) Officer responsibilities.--An employee who is designated by an institution under paragraph (1) as an athletic health and safety officer shall be responsible for, at a minimum--
(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.
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OFFICE OF THE STUDENT ATHLETE OMBUDSMAN.
(a) In General.--An intercollegiate athletic association shall establish an office to support student athletes, known as the "Office of the Student Athlete Ombudsman" (in this section referred to as the "Office").
(b) Duties.--The Office shall--
(1) provide independent advice to student athletes at no cost about the applicable requirements of this title and the amendments made by this title, including with respect to their rights and responsibilities and the resources available;
(2) assist in the resolution of student athlete concerns regarding the intercollegiate athletic association, conferences, or institutions;
(3) provide independent advice to student athletes with respect to the role, responsibility, authority, and jurisdiction of the intercollegiate athletic association, conferences, or institutions;
(4) provide student athletes with current contact information for external third-party resources for student athletes;
(5) provide independent advice to student athletes with respect to the relative value of engaging legal counsel;
(6) develop standard language to explain the rights and responsibilities of student athletes under this Act that institutions shall be required to conspicuously display in common areas where student athletes congregate, such as locker rooms, dormitories, or study areas, to ensure that student athletes are properly informed of their rights, responsibilities, and ability to contact the Ombudsman; and
(7) as appropriate, develop curricula to educate student athletes on their rights and responsibilities under this Act that is capable of being shared through in person or online classes, training sessions, or other means.
(c) Administration.--An intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office.
(d) Confidentiality.--
(1) In general.--The Office shall maintain as confidential any information communicated or provided to the Office in confidence in any matter involving the exercise of the official duties of the Office.
(2) Exception.--The Office may, with the permission of the parties involved, disclose information described in paragraph (1) as necessary to resolve or mediate a dispute.
(3) Application.--The confidentiality requirements under this subsection shall not apply to information--
(A) as necessary to comply with applicable reporting requirements mandated by Federal law;
(B) relating to a felony personally witnessed by a member of the Office;
(C) if necessary to protect an individual at imminent risk of serious harm; or
(D) with the permission of the parties involved, as necessary to resolve or mediate a dispute.
(4) Judicial and administrative proceedings.--
(A) In general.--The Ombudsman and any staff of the Office shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office.
(B) Confidentiality.--Any memorandum, work product, notes, or case file of the Office--
(i) shall be confidential; and
(ii) shall not be--
(I) subject to discovery, subpoena, or any other means of legal compulsion; or
(II) admissible as evidence in a judicial or administrative proceeding.
(5) Prohibition on retaliation.--No employee, contractor, agent, volunteer, or member of an intercollegiate athletic association, a conference, or an institution shall take or threaten to take any action against a student athlete as a reprisal for disclosing information to or seeking assistance from the Office.
(e) Independence in Carrying Out Duties.--The board of directors or other governing board or committee of an intercollegiate athletic association, a conference, or an institution shall not prevent or prohibit the Office from carrying out any duty or responsibility under this section.
SEC. 109. COMPARABLE STANDARDS FOR ACCESS TO FACILITIES,
SERVICES, AND EVENTS.
Intercollegiate athletic associations and conferences shall maintain comparable standards for medical care, lodging, meals, rest, transportation, publicity and promotion, and, if applicable, athletic facilities for championship events or tournaments, across similarly situated men's and women's athletic programs.
SEC. 110. RULES GOVERNING CERTAIN MID-SEASON COACHING
TRANSITIONS.
(a) In General.--An individual who serves, or has served at any point during a competitive season, as football athletic personnel for a varsity sports team for intercollegiate football at an institution shall not, during that same competitive season, perform for another institution any duties or responsibilities customarily associated with a head coach of a varsity sports team for intercollegiate football, including, at a minimum--
(1) recruiting or contacting prospective or current student athletes;
(2) directing, participating in, or materially influencing recruiting strategy or evaluations;
(3) directing, participating in, or materially influencing roster management decisions, including decisions relating to transfers;
(4) facilitating, coordinating, negotiating, or otherwise materially influencing name, image, and likeness activities involving student athletes;
(5) directing, supervising, or materially influencing coaching staff or team operations;
(6) participating in practice planning, game preparation, strategic decision-making, or on-field activities;
(7) publicly representing the institution in an intercollegiate football-related capacity in a manner that reflects or implies authority over the intercollegiate football program; and
(8) undertaking any other activity customarily associated with a head coach of a varsity sports team for intercollegiate football.
(b) Application.--Subsection (a) shall apply without regard to title, formal designation, compensation structure, employment status, or timing of any public announcement, and the applicable intercollegiate athletic association may prohibit any arrangement that, in substance or effect, provides an individual described in subsection (a) with authority or responsibilities customarily exercised by a head coach.
(c) Determination of Ineligibility.--An individual described in subsection (a) who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution during the same competitive season is ineligible to participate in intercollegiate athletic competition for intercollegiate football as head coach for the hiring institution through the conclusion of the competitive season, including any postseason competition, of the prior institution or the hiring institution, whichever occurs later.
(d) Penalties for Non-compliance.--In the event an individual who accepts employment, appointment, or designation as head coach of a varsity sports team for intercollegiate football at another institution violates this section, that individual shall be ineligible to assume the duties as head coach of the varsity sports team for intercollegiate football at the hiring institution for the subsequent competitive season after the season in which the violation occurred and be subject to additional penalties sufficient to ensure compliance with this section.
(e) Application.--This section applies only to institutions that compete in the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw.
(f) Definitions.--In this section:
(1) Applicable intercollegiate athletic association.--The term "applicable intercollegiate athletic association" means only an intercollegiate athletic association that has at least one member institution that is a member of the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw.
(2) Competitive season.--The term "competitive season" means the period beginning with the first regularly scheduled intercollegiate athletic competition for intercollegiate football for an institution during a season and ending with the conclusion of the final intercollegiate athletic competition for intercollegiate football for the institution during that season.
(3) Football athletic personnel.--The term "football athletic personnel" means any individual employed by, contracted with, or otherwise engaged by an institution
who provides coaching, instruction, recruiting, roster management, or training as the head coach or a coordinator, including an offensive, defensive, or special teams coordinator, of student athletes who are members of or participate with the varsity sports team for intercollegiate football of the institution.
(4) Intercollegiate football.--The term "intercollegiate football"--
(A) means football played between institutions for which eligibility requirements for participation by a student athlete are established by an intercollegiate athletic association; and
(B) does not include a recreational, intramural, or club sport.
SEC. 111. STUDENT ATHLETE REPRESENTATION ON INTERCOLLEGIATE
ATHLETIC ASSOCIATION GOVERNING BOARDS.
(a) In General.--Not less than 1/3 of the membership and voting power of any board of directors or other governing board, or committees with authority to establish and enforce rules or bylaws shall be comprised of current student athletes or former student athletes who have graduated from their institution during the preceding 10-year period.
(b) Limitation.--
(1) A former student athlete who is a current or former employee of an intercollegiate athletic association, a conference, or a member institution may not count towards the student athlete membership requirement pursuant to subsection (a); and
(2) no member of any such board or committee shall vote on any matter that presents a conflict of interest for such member.
SEC. 112. TRANSFER PROTECTIONS.
An institution, a conference, an intercollegiate athletic association, or any representative of such entity shall permit a student athlete to transfer from one four-year institution to another four-year institution--
(1) once without losing or delaying eligibility to participate in intercollegiate sports;
(2) except as provided in paragraph (3), a second time with a loss of eligibility to participate in intercollegiate sports during the first academic year following the transfer; and
(3) additionally, without losing or delaying eligibility to participate in intercollegiate sports, upon--
(A) discontinuation of a sport in which the student athlete competes;
(B) the departure of the head coach of the student athlete's varsity sports team;
(C) sexual assault or harassment of the student athlete by an individual associated with the student athlete's institution; or
(D) the student athlete pursuing a graduate degree.
SEC. 113.
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ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
SPORTS.
(a) In General.--An individual is eligible to participate on a Division I or Division II (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) varsity sports team or in intercollegiate athletic competition for a Division I or Division II institution (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) if the individual--
(1) is a student athlete;
(2) meets uniform academic standards established by the relevant intercollegiate athletic association, conference, or institution;
(3) is not a professional athlete; and
(4) complies with established rules that restrict eligibility for violations of State or Federal law.
(b) Years of Eligibility.--
(1) In general.--Subject to paragraph (2), a student athlete is eligible to compete in intercollegiate athletic competition for a Division I or Division II institution (as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw) for a maximum of 5 calendar years beginning on, whichever occurs first--
(A) the beginning of the academic year following the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls full time at an institution.
(2) Exceptions.--Paragraph (1) does not apply during a period of absence for any of the following:
(A) Reasons of pregnancy.
(B) Religious mission.
(C) Active-duty military service.
(D) Other periods of absence, which may include serious athletic injury or medical condition, adopted by rule or bylaw by an intercollegiate athletic association that apply uniformly to all student athletes.
(c) Restrictions on Eligibility.--
(1) In general.--An intercollegiate athletic association or a conference may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete--
(A) used an illegal or performance enhancing drug; or
(B) participated in sports wagering activities or sports-related event contracts.
(2) Code of conduct.--An institution may restrict the eligibility of a student athlete to participate in intercollegiate sports if the student athlete violated the code of conduct of the institution that applies to all students.
(d) Clarification on Youth Activities and Prize Money.--For purposes of subsection (a)(3)--
(1) a student athlete who competes in basketball shall not be considered a professional athlete based on their participation in athletic competitions prior to, whichever occurs first--
(A) the 19th birthday of the student athlete; or
(B) the date the student athlete initially enrolls full time at an institution; and
(2) a student athlete who competes in a sport other than football or basketball shall not be considered a professional athlete based solely on the amount of prize money the student athlete received based on place finish or performance in an athletic event before or after enrollment in an institution, so long as--
(A) the prize money was provided only by the sponsor of the athletics event; and
(B) the sponsor of the athletics event is not an institution, employee of an institution, volunteer of an institution, collective, or an associated entity.
(e) Transfer From 2-year Institution.--No intercollegiate athletic association or conference shall require a student athlete who transfers from a 2-year institution to a 4-year institution to meet additional or more stringent academic standards than the academic standards required for student athletes who transfer from a 4-year institution.
(f) Rule of Construction.--Nothing in this section shall be construed to restrict the ability of an institution to--
(1) require student athletes to meet or maintain academic standards that are in addition to, or more stringent than, the standards described in subsection (a) if such standards are required of all students enrolled at the institution;
(2) discipline or sanction a student athlete for violating a rule, regulation, or code of conduct that applies to all students enrolled at the institution; or
(3) discipline or sanction a student athlete for violating a rule, regulation, or a code of conduct that applies to all student athletes participating in intercollegiate athletic competition at that institution.
SEC. 114. PROHIBITED COMPENSATION AND AGREEMENTS.
(a) Certain Agreements and Compensation Prohibited.--
(1) Prohibition.--An institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall not--
(A) except as provided in paragraph (2) and subsection (b), arrange, provide, offer, or permit, directly or indirectly, compensation in an amount that would circumvent or result in the institution exceeding the revenue share cap to--
(i) a student athlete, a group of student athletes, or their family members; or
(ii) a prospective student athlete, a group of prospective student athletes, or their family members;
(B) except for a name, image, and likeness agreement between a student athlete and an institution or between a prospective student athlete and an institution, enter into a name, image, and likeness agreement with a student athlete or prospective student athlete that is not--
(i) for a valid business purpose; and
(ii) commensurate with compensation paid by third parties to individuals with a similar profile, reputation, or notability who are not student athletes or prospective student athletes at the institution; or
(C) provide compensation for any purpose to a prospective student athlete prior to enrollment in an institution, but nothing in this subparagraph shall prohibit an institution from providing compensation to attend a development camp or program if that camp or program is open to non-prospective student athletes and such compensation does not exceed the reasonable costs of attendance.
(2) Retention fund.--
(A) Retention fund exception.--Except as provided in subparagraph (B), an institution may exceed the revenue share cap by not more than $22,500,000 per academic year for the purpose of retaining a student athlete or group of student athletes who have spent at least one full competitive season at the institution.
(B) Non-revenue generating intercollegiate sports programs.--
(i) In general.--An institution may further exceed the revenue share cap for the purpose described in subparagraph (A) by up to an additional $5,000,000 per academic year in proportion to the amount of name, image, and likeness compensation provided by the institution through the revenue share cap described in subsection (a)(1) and the retention fund amount described in subparagraph (A) to a student athlete or group of student athletes competing in non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs.
(ii) Clarification.--Nothing in clause (i) shall be interpreted to preclude an institution from providing name, image, and likeness compensation through the revenue share cap described in subsection (a)(1) and the retention fund amount described in subparagraph (A) in excess of $5,000,000 to a student athlete or group of student athletes competing in non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, provided such compensation complies with subparagraph (A) and subsection (a)(1).
(C) Time limitation.--The exception described in subparagraph (A) shall apply only during the nine-year period beginning on the date of the enactment of this Act.
(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.
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June 6, 2025), restrict the ability of a student athlete enrolled at an institution to receive compensation from an intercollegiate athletic association, an institution, a conference, or an associated entity, for personal benefits related to education or intercollegiate athletics, if those benefits are--
(1) reasonable costs of transportation and temporary lodging for family members of a student athlete while the student athlete is experiencing a documented physical or mental health concern or participating in an intercollegiate athletic competition;
(2) reasonable costs for meals, shelter, medical coverage, and medical expenses not provided or covered by the institution; or
(3) reasonable education-related financial benefits, such as institution fees, books, or other incidental educational expenses that are not otherwise provided by the institution.
(c) Multimedia Rights Holders, Sponsors, Apparel Companies, and Vendors.--In the case of a name, image, and likeness agreement involving, or brokered by, a multimedia rights holder, or a sponsor of the institution in which the student athlete is enrolled or plans to enroll that has a commercial relationship with the institution, an apparel company that has a commercial relationship with the institution, or a vendor for the athletic department or athletic facilities that has a commercial relationship with the institution--
(1) the multimedia rights holder shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity affirming that the institution in which the student athlete is enrolled or plans to enroll is not the originating source of the compensation to be paid to the student athlete or prospective student athlete and that payment of the compensation is not coming directly or indirectly from the institution;
(2) the third party or the sponsor, apparel company, or vendor benefitting from the name, image, and likeness of the student athlete or prospective student athlete shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity affirming that it is the originating source of the compensation to be paid to the student athlete, that it did not receive funds, directly or indirectly, from the institution in which the student athlete is enrolled or plans to enroll for the purpose of financing the agreement, that the institution did not forgo funds due from the third party or the sponsor, apparel company, or vendor for the purpose of financing the agreement, and that the institution did not negotiate for and determine the amount of compensation to be paid to the student athlete or prospective student athlete through the agreement; and
(3) the institution at which the student athlete is enrolled or plans to enroll, if required by the intercollegiate athletic association or its designated enforcement entity, shall provide a signed certification to the intercollegiate athletic association or its designated enforcement entity that the institution is not circumventing the revenue share cap through the name, image, and likeness agreement, or negotiating for and determining the amount of compensation to be paid to the student athlete or prospective student athlete through the agreement.
(d) Valid Business Purpose.--Except for a name, image, and likeness agreement with an institution, a name, image, and likeness agreement with a student athlete shall be for a valid business purpose.
(e) Payments to Coaches and Managers.--
(1) In general.--An institution described in paragraph (2) may not compensate or otherwise provide or promise any type of payment or benefit of more than $500,000 to any coach, assistant coach, general manager, or other person who coaches or manages a varsity sports team by using, diverting, budgeting, or otherwise obtaining funds from any source other than college sports revenue or a donation or contribution to the athletic department of the institution.
(2) Institution described.--An institution described in this paragraph is an institution with more than $80,000,000 in total annual athletics revenue during the preceding academic year.
(f) Institution Defined.--In this section, the term "institution" means--
(1) an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
(2) an institution that is a party to, through membership in a conference or otherwise, "In Re College Athlete NIL Litigation", No. 20-cv-03919 (N.D. Cal. June 6, 2025), or has opted in to the Injunctive Relief Settlement in that case.
SEC. 115. CONGRESSIONAL APPROVAL OF CONTINUATION OF REVENUE
SHARE CAP AND RETENTION FUND.
(a) Continuation Upon Congressional Approval.--
(1) Cessation absent approval.--Except as provided in paragraph (2), if the covered settlement agreement expires or terminates but no joint resolution of approval relating to the notice of the expiration or termination is enacted into law during the applicable congressional approval period, the provisions of section 114 relating to the revenue share cap, and, notwithstanding section 114(a)(2)(C), the retention fund, shall--
(A) in the case of an expiration--
(i) cease to have force or effect on the date of such expiration, if the applicable congressional approval period ends before that date; or
(ii) if the applicable congressional approval period ends after the date of such expiration, at the end of the applicable congressional approval period; or
(B) in the case of a termination, remain in effect without interruption notwithstanding such termination until, and cease to have force or effect at, the end of the applicable congressional approval period.
(2) Continuation upon approval.--If a joint resolution of approval relating to the notice of the expiration or termination is enacted into law, the provisions of section 114 relating to the revenue share cap and, only if specified in the joint resolution of approval, the retention fund, in effect immediately before such expiration or termination or at the time the notice is provided to Congress pursuant to subsection (b), subject to paragraph (3), shall continue in effect without interruption beginning on the date of such expiration or termination.
(3) Recalculation of revenue share cap dollar amount.--In the first 2 years following a continuation under paragraph (2), the revenue share cap shall increase by 4 percent each year over the previous year's amount. In the third year following a continuation under paragraph (2), and every 3 years thereafter, the revenue share cap shall be recalculated based on 22 percent of the Average Shared Revenue based on the most recent Membership Financial Reporting System Reports available, or, if the covered settlement agreement is modified, pursuant to the amendment provision specified in paragraph 55 of that settlement, pursuant to the calculation process in effect immediately before the expiration or termination of the covered settlement agreement or at the time the notice is provided to Congress pursuant to subsection (b). In each of the 2 years following each such recalculation, the revenue share cap shall increase by 4 percent each year over the previous year's amount. For purposes of this paragraph, all information used to calculate the revenue share cap pursuant to the covered settlement agreement, or as modified pursuant to the amendment provision specified in paragraph 55 of that settlement, shall be subject to a publicly available, independent third-party audit to verify the accuracy of such information for purposes of complying with this subsection.
(b) Notice to Congress.--
(1) Scheduled expiration.--Not later than 180 calendar days before the date on which the covered settlement agreement is scheduled to expire, the defendant parties, or in the case of disagreement, a majority of defendant parties, to the covered settlement agreement shall transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written notice of the scheduled expiration. If the scheduled expiration date is established less than 180 calendar days before that date, any defendant party to the covered settlement agreement shall transmit the notice not later than 1 calendar day after the scheduled expiration date is established.
(2) Early termination.--Not later than 1 calendar day after the date on which the defendant parties to the covered settlement become aware of a court order that provides for the termination of the covered settlement agreement before its scheduled expiration, any defendant party to the covered settlement agreement shall transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written notice of the termination.
(3) Contents.--A notice under this subsection shall include--
(A) the scheduled, expected, or actual date of the expiration or termination, if known, and the basis for the expiration or termination; and
(B) the dollar amounts and material terms of the revenue share cap in effect, or expected to be in effect, immediately before the expiration or termination.
(4) Date of receipt.--Congress receives a notice under this subsection on the date on which both the President pro tempore of the Senate and the Speaker of the House of Representatives receive the notice. In the event a notice is not provided to Congress under this subsection, notice shall be deemed to have been received by Congress not later than 3 calendar days after the date of the expiration or termination of the covered settlement agreement.
(5) Deemed receipt.--Notwithstanding paragraph (4), for purposes of this section, a notice required under this subsection received after the expiration or termination of the covered settlement agreement shall be deemed to have been received by Congress on the date on which covered settlement agreement expired or terminated.
(c) Joint Resolution of Approval.--
(1) Applicable congressional approval period.--With respect to a notice under subsection (b), the term "applicable congressional approval period" means the 30-calendar-day period beginning on the date on which Congress receives the notice, except that the congressional approval period shall immediately terminate upon the passage a of a joint resolution of approval by the Senate and the House of Representatives.
(2) Joint resolution of approval.--For purposes of this section, the term "joint resolution of approval" means only any joint resolution--
(A) that is introduced not later than 10 calendar days after the date on which Congress receives the notice under subsection (b) to which the joint resolution relates;
(B) that does not have a preamble;
(C) the title of which is either of the following:
(i) "Joint resolution approving the continuation of the revenue share cap and retention fund under the Protect College Sports Act of 2026"; or
(ii) "Joint resolution approving the continuation of the revenue share cap under the Protect College Sports Act of 2026"; and
(D) the sole matter after the resolving clause of which is either of the following:
(i) for a joint resolution with a title described in subparagraph (C)(i): "That Congress approves, under section 115 of the Protect College Sports Act of 2026, the continuation, after the expiration or termination described in the notice received by Congress on __________
Text of Senate Amendment 6777
Page S4813 · Official textSA 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:
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At the end add the following.
"This Act shall take effect 1 day after the date of enactment."
Text of Senate Amendment 6778
Page S4813 · Official textSA 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:
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Strike "1 day" and insert "2 days".
Text of Senate Amendment 6779
Page S4813 · Official textSA 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:
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At the end add the following.
"This Act shall take effect 3 days after the date of enactment."
Text of Senate Amendment 6780
Page S4813 · Official textSA 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:
Text printed in the Record (36 characters)
Strike "3 days" and insert "4 days".
Text of Senate Amendment 6781
Page S4813 · Official textSA 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:
Text printed in the Record (95 characters)
At the end add the following.
"This Act shall take effect 5 days after the date of enactment."
Text of Senate Amendment 6782
Page S4813 · Official textSA 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:
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Strike "5 days" and insert "6 days".
Text of Senate Amendment 6783
Page S4813 · Official textSA 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:
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Strike "6 days" and insert "7 days".
Text of Senate Amendment 6784
Pages S4813–S4824 · Official textSA 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:
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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.
(C) Football.
(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;
(C) has an agreement with the league to receive a portion 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).
(c) Free Access for Local Fans.--
(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.
Text of Senate Amendment 6785
Page S4824 · Official textSA 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:
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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
(C) any provision described in subsection (a)(1)-(3) or (b) 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).
(c) Rules of Construction.--
(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.
Text of Senate Amendment 6786
Page S4824 · Official textSA 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:
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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.
Text of Senate Amendment 6787
Page S4824 · Official textSA 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:
Text printed in the Record (48 characters)
In section 125(c)(4), strike "4" and insert "9".
Text of Senate Amendment 6788
Page S4824 · Official textSA 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:
Text printed in the Record (465 characters)
In section 119, strike subsection (c) and insert the following:
(c) Relief.--In a civil action brought under subsection (a) 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.
Text of Senate Amendment 6789
Page S4824 · Official textSA 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:
Text printed in the Record (1,302 characters)
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
(C) any other institution described in section 371(a) of 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 2032.
Text of Senate Amendment 6790
Pages S4824–S4825 · Official textSA 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:
Text printed in the Record (798 characters)
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;
Text of Senate Amendment 6791
Pages S4825–S4830 · Official textSA 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:
Text printed in the Record (10,446 characters)
At the end of title X, add the following:
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
(C) does not include any non-appropriated agency, 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.
(c) Oversight.--
(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
(C) make each classified missing Armed Forces and civilian 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.
Text printed in the Record (10,717 characters)
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.
(c) Transmission to the National Archives.--Each Government 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.
(C) Scope.--The periodic review of postponed missing Armed 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;
(C) reveal formally named or numbered United States 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.
(c) Exception.--Regardless of the date on which a missing 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.
Text printed in the Record (11,993 characters)
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;
(C) 1 shall be appointed in consultation with the minority 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;
(C) not be employees of an Executive agency on the date of 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.
(c) Security Clearances.--
(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;
(C) obtain access to missing Armed Forces and civilian 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
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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
(C) shall not have any conflict of interest with the 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;
(C) be responsible for the administration of all official 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.
(c) Compensation.--The Review Board shall fix the 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.
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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.
(c) Notice to Public.--Every 30 days, beginning on the date 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;
(C) the President;
(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.
(C) The estimated time and volume of missing Armed Forces 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;
(C) any other findings that the Review Board chooses to 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.
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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.
(c) Judicial Review.--Nothing in this subtitle shall be 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.
Text of Senate Amendment 6792
Pages S4830–S4835 · Official textSA 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:
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At the end of title X, add the following:
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
(C) does not include any non-appropriated agency, 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.
(c) Oversight.--
(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
(C) make each classified missing Armed Forces and civilian 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.
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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.
(c) Transmission to the National Archives.--Each Government 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.
(C) Scope.--The periodic review of postponed missing Armed 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;
(C) reveal formally named or numbered United States 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.
(c) Exception.--Regardless of the date on which a missing 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.
Text printed in the Record (11,998 characters)
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;
(C) 1 shall be appointed in consultation with the minority 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;
(C) not be employees of an Executive agency on the date of 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.
(c) Security Clearances.--
(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;
(C) obtain access to missing Armed Forces and civilian 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
Text printed in the Record (6,381 characters)
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
(C) shall not have any conflict of interest with the 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;
(C) be responsible for the administration of all official 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.
(c) Compensation.--The Review Board shall fix the 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.
Text printed in the Record (11,147 characters)
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.
(c) Notice to Public.--Every 30 days, beginning on the date 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;
(C) the President;
(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.
(C) The estimated time and volume of missing Armed Forces 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;
(C) any other findings that the Review Board chooses to 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.
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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.
(c) Judicial Review.--Nothing in this subtitle shall be 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.
Text of Senate Amendment 6793
Page S4835 · Official textSA 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:
Text printed in the Record (467 characters)
In section 119, strike subsection (c) and insert the following:
(c) Relief.--In a civil action brought under subsection (a) 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.
Text of Senate Amendment 6794
Pages S4835–S4836 · Official textSA 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:
Text printed in the Record (2,411 characters)
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;
(C) provide to any student athlete who reports sexual 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.
Text of Senate Amendment 6795
Page S4836 · Official textSA 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:
Text printed in the Record (839 characters)
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; or
(B) sexual assault or harassment of the coach by an individual associated with the institution at which the individual coaches.
Authority for Committees to Meet
Page S4836 · Official textMr. President, I have three requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority Leaders.
Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate:
The Committee on Armed Services is authorized to meet during the session of the Senate on Thursday, September 17, 2026, at 9:30 a.m., to conduct a closed briefing.
The Committee on Banking, Housing, and Urban Affairs is authorized to meet in executive session during the session of the Senate on Thursday, September 17, 2026, at 10 a.m.
The Committee on Foreign Relations is authorized to meet during the session of the Senate on Thursday, September 17, 2026, at 10:30 a.m., to conduct a hearing on nominations.
Orders for Friday, September 18, 2026, Through Tuesday, September 22, 2026
Page S4836 · Official textORDERS FOR FRIDAY, SEPTEMBER 18, 2026, THROUGH TUESDAY, SEPTEMBER 22, 2026
Madam President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned to then convene for a pro forma session only, with no business being conducted, at 9 a.m. on Friday, September 18; further, that when the Senate adjourns on Friday, September 18, it stand adjourned until 3 p.m. on Tuesday, September 22; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, morning business be closed, and the Senate proceed to executive session and resume consideration of Executive Calendar No. 828; finally, that the cloture motions filed during today's session of the Senate ripen at 5:30 p.m., Tuesday.
The PRESIDING OFFICER
Without objection, it is so ordered.
Adjournment Until 9 A.m. Tomorrow
Page S4836 · Official textMadam President, if there is no further business to come before the Senate, I ask that it stand adjourned under the previous order.
There being no objection, the Senate, at 3:42 p.m., adjourned until Friday, September 18, 2026, at 9 a.m.
Confirmation
Page S4836 · Official textExecutive nomination confirmed by the Senate September 17, 2026:
Text printed in the Record (104 characters)
KASDIN MILLER MITCHELL, OF TEXAS, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF TEXAS.
Withdrawals
Page S4836 · Official textExecutive Message transmitted by the President to the Senate on September 17, 2026 withdrawing from further Senate consideration the following nominations:
Text printed in the Record (982 characters)
JEFFREY ANDERSON, OF GEORGIA, TO BE REPRESENTATIVE OF THE UNITED STATES OF AMERICA ON THE COUNCIL OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, WITH THE RANK OF AMBASSADOR, WHICH WAS SENT TO THE SENATE ON JANUARY 13, 2026.
HEIDI SEMANN, OF MISSOURI, TO BE INSPECTOR GENERAL, DEPARTMENT OF EDUCATION, VICE SANDRA D. BRUCE, WHICH WAS SENT TO THE SENATE ON MAY 11, 2026.
JOHN GRUNEWALD II, OF OKLAHOMA, TO BE A MEMBER OF THE FARM CREDIT ADMINISTRATION BOARD, FARM CREDIT ADMINISTRATION, FOR A TERM EXPIRING OCTOBER 13, 2030, VICE JEFFERY S. HALL, TERM EXPIRED, WHICH WAS SENT TO THE SENATE ON JUNE 23, 2026.
RICHARD SCHROYER, OF OKLAHOMA, TO BE AN ASSISTANT SECRETARY OF HOMELAND SECURITY, VICE SARAH R. SALDANA, WHICH WAS SENT TO THE SENATE ON JULY 20, 2026.
ROBERT STEBBINS, OF NEW YORK, TO BE DEPUTY CHIEF EXECUTIVE OFFICER OF THE UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE CORPORATION, VICE NISHA DESAI BISWAL, RESIGNED, WHICH WAS SENT TO THE SENATE ON AUGUST 7, 2026.