S. 2932 — Student Athlete Fairness and Enforcement Act

This section establishes rights for college student athletes to market and earn compensation for their name, image, and likeness (NIL), including from third parties for specified costs (i.e., reasonable transportation, room, or board for family visits during health concerns or competitions; necessities such as food, shelter, medical coverage, and expenses; or tuition, fees, books, transportation, and other incidental expenses not provided by the institution). It prohibits institutions of higher education, athletic departments, conferences, athletic associations, or their representatives from (1) restricting athletes' NIL earnings, retention of agents or legal representation, or athletic opportunities based on compliant NIL activities; (2) using third-party NIL compensation as a negative factor in grant-in-aid eligibility, amount, duration, or renewal; or (3) revoking, reducing, or declining to renew grants based on compliant NIL contracts. The section further (1) authorizes such entities and NIL collectives to pay athletes for NIL use via endorsement contracts or revenue sharing; (2) requires consent from each athlete in a group before using the group's NIL; (3) mandates institutions to notify athletes of applicable rules before the regular session or program participation; (4) bars athletes from using institutional intellectual property, facilities, apparel, equipment, or uniforms for NIL without permission; (5) permits institutions to prohibit in-person NIL endorsement activities during mandatory athletic events or competitions (but not shoes, apparel, equipment, or non-mandatory activities, including pre-recorded content); (6) requires prohibitions on NIL collectives entering contracts lacking a valid business purpose or fair compensation; and (7) bars speech restrictions on athletes more stringent than those on other students.

This section establishes mandatory reporting requirements for Division I student athletes, institutions, athletic associations, and name, image, and likeness (NIL) collectives concerning NIL endorsement contracts and athletic program data. Specifically, it requires (1) enrolled Division I student athletes to report terms of any endorsement contract for covered compensation to their institution (or a designated entity) within 5 business days of execution, and recruited prospective student athletes to disclose all current endorsement contracts to the institution before signing a letter of intent; (2) institutions with varsity intercollegiate sports programs to submit annual reports to their governing athletic association within 60 days after the academic year ends, detailing per sports program (treating men's and women's programs separately) revenues and expenditures (including third-party donations, federal and state funds, and personnel compensation, both individually and in aggregate), average student athlete hours on athletic events and competition, academic outcomes and majors, and the number, average, and total value of institution-student athlete endorsement contracts; (3) athletic associations to publicly post institutions' reports on their websites within 120 days after the academic year ends; and (4) NIL collectives to report specified details (e.g., contact information, business description, institutional affiliations, and relationships with sports programs) to relevant athletic associations within 30 days of first entering or arranging an endorsement contract.

This section amends the Sports Agent Responsibility and Trust Act to (1) define "athletic association" by reference to the Student Athlete Fairness and Enforcement Act; and (2) establish requirements for endorsement contracts (i.e., name, image, and likeness agreements) with student athletes. Such contracts must be in writing; state the student athlete's right to agent or legal representation, the parties involved, services and terms, and compensation amount; and not extend beyond the student athlete's intercollegiate eligibility (noncompliant contracts are void at the student athlete's option). The section further allows rescission of contracts with a remaining term of one year or longer upon an athletic association's ineligibility determination (without breach liability or repayment of prior compensation); prohibits public or third-party disclosure of contracts or terms without the student athlete's written consent specifying recipients, subsequent disclosures, and purpose (with exceptions for prior athlete disclosure or legal process); exempts such contracts from federal and state open records laws; and defines relevant terms (compensation, institution, NIL collective, third party) by reference to the Student Athlete Fairness and Enforcement Act. (Thus, the amendments impose standardized protections, enforceability rules, and privacy safeguards for student athletes' commercial deals with agents, brands, or NIL collectives.)

This section amends the Sports Agent Responsibility and Trust Act (SPARTA; 15 U.S.C. 7801 et seq.) as follows: (1) revises the definition of "agency contract" to mean a written agreement authorizing an athlete agent to negotiate or solicit a professional sports contract or endorsement contract that specifies the parties' names, agreement term, agent's registration information, and agent's fee or commission; (2) in §3(a) (15 U.S.C. 7802(a)), adds prohibitions on athlete agents representing student athletes for endorsement contracts without an agency contract, without state registration and certification to the relevant athletic association, charging fees exceeding 5% of the endorsement contract value, entering agency contracts extending beyond the student athlete's intercollegiate eligibility, enticing enrollment or transfer by misrepresenting name, image, or likeness (NIL) opportunities, or making false representations as an agent or in registration applications; and (3) revises the required disclosure document under §3(b)(3) by striking the warning that representation by an agent may cause loss of student athlete eligibility to compete. This section further (4) inserts new §3B requiring athlete agents to register with a state (deemed satisfied if registered with a professional sports league/players association or under state uniform agent acts) prior to representing student athletes for endorsement contracts, capping such fees at 5%, mandating certification of registration to governing athletic associations, and requiring athletic associations to maintain a publicly searchable online registry of registered/certified agents with a link to the Federal Trade Commission's website; and (5) inserts new §5A establishing a private right of action for current or former student athletes alleging SPARTA violations, authorizing courts to award actual damages, attorney fees, litigation costs, and equitable/declaratory relief, and invalidating pre-dispute arbitration agreements and joint action waivers for such disputes (with courts, not arbitrators, determining applicability). (SPARTA generally prohibits athlete agents from certain recruitment and solicitation practices to protect student athletes from inducements that could jeopardize intercollegiate eligibility; these changes address the emergence of NIL opportunities.)

This section authorizes each institution to offer a financial and contract literacy development program using its own curriculum or one developed by an athletic association or conference. Such a program may not include any marketing, advertising, referral, or solicitation offers.

This section requires institutions, athletic departments, conferences, athletic associations, and their representatives to permit a student athlete to transfer from one institution to another (1) twice without losing or delaying eligibility to participate in varsity intercollegiate sports; and (2) additionally upon mutual agreement with the transferring institution or discontinuation of a sport or material underinvestment in a sport by that institution impacting the student athlete.

This section prohibits an institution, athletic department, conference, athletic association, or representative thereof from punishing a student athlete for entering a professional sports draft if the athlete (1) receives no compensation directly or indirectly from a professional sports league or team and (2) declares intent to resume college athletic competition no later than seven days after the draft's completion.

This section establishes health, welfare, and safety standards that institutions, conferences, and athletic associations must adhere to in order to protect student athletes from sports-related serious injury, conditions, and death, including (1) brain injury, by following National Collegiate Athletic Association (NCAA) concussion management practices effective January 15, 2024, and subsequent amendments strengthening protections; (2) heat-related illness, by following the American College of Sports Medicine Expert Consensus Statement on Exertional Heat Illness (April 2023) and subsequent amendments; (3) rhabdomyolysis, by following NCAA guidelines published in 2025 and subsequent amendments; and (4) sickle cell trait and asthma, by following respective NCAA guidelines (2025) and National Athletic Trainers’ Association Position Statement (September 2005), with subsequent amendments strengthening protections. The section further requires such entities to take reasonable actions to prevent, assess, and remediate abuse or hazing (including physical and sexual abuse), sexual assault, sexual misconduct, and sexual harassment; provide student athletes with a list of independent athlete advocate organizations at the beginning of each academic year; and designate an athletic health and safety independent officer—independent from the athletic department—who reports directly to the institution president (or qualifying designee), oversees implementation of these requirements, consults with student athletes and athletic personnel, and reports suspected violations.

This section establishes the autonomous, unchallengeable authority of medical personnel—including athletic trainers, physical therapists, and physicians—to determine medical management and return-to-play decisions for student athletes under their care at an institution. The section further prohibits coaches or other nonmedical personnel at the institution from attempting to influence or disregard such decisions.

This section requires each Division I institution—or an athletic association or conference on its behalf—to cover (1) during participation in a varsity intercollegiate sport, all out-of-pocket medical expenses (e.g., copayments or deductibles), independent second opinions, and catastrophic injury coverage for any related injury or disease exceeding $90,000 in costs or resulting in disability; and (2) an end-of-college physical exam to document related injuries or conditions. The section further requires each institution—or an athletic association or conference on its behalf—to cover post-eligibility out-of-pocket medical expenses for any related injury or disease for the five-year period beginning the day after the student athlete's last college athletic competition. It directs each athletic association to establish and adequately fund a program or fund to assist institutions generating less than $20 million in total annual athletics revenue with such costs during demonstrated financial hardship and to cover medical expenses for significant long-term conditions (e.g., chronic traumatic encephalopathy or other cognitive impairments). The section also requires each institution to notify student athletes annually and conspicuously of available on-campus mental health services.

This section prohibits an institution of higher education from reducing or withdrawing a student athlete's grant-in-aid, including based on athletic performance or contribution, injury or illness, or roster management, except if the athlete (1) fails to meet policies for mandatory team activities, (2) violates the institution's code of conduct, (3) is academically ineligible, or (4) transfers institutions. Institutions must provide timely written notice of any possible reduction or loss of such aid and may reinstate revoked aid if the athlete remedies the issue. The section requires institutions to provide grant-in-aid covering tuition, books, and fees to eligible former student athletes—those who previously received aid, remain short of an undergraduate degree, and were enrolled during their final year of varsity sports eligibility—until the earlier of the end of a 10-academic-year enrollment period or degree completion.

This section prohibits an athletic department of an institution of higher education or its representative from (1) exerting influence over a student-athlete's selection of any course or academic major; (2) retaliating against a student-athlete based on such selection; or (3) interfering with or discouraging a student-athlete from securing employment or internships, participating in student groups or events, or serving as a volunteer—unless such activities interfere with mandatory class time or mandatory college athletic events. The section clarifies that these prohibitions do not prevent an athletic department from informing student-athletes of academic eligibility requirements and mandatory or expected team activities or from providing legitimate academic counseling and support services, in collaboration with the institution, to help student-athletes pursue their academic interests and improve academic outcomes.

This section prohibits an athletic association or conference from discriminating on the basis of sex with regard to the provision of medical care, rest, hotel stays, food, athletic facilities, transportation, and sporting event promotions.

This section expands the F-1 nonimmigrant visa category under the Immigration and Nationality Act to include aliens who are or will become student athletes (as defined in the Student Athlete Fairness and Enforcement Act) upon enrollment at an institution of higher education (as defined in the Higher Education Act of 1965) and who intend to enter into an agreement for the commercial use of their name, image, or likeness in exchange for compensation (as defined in such act). It authorizes employment authorization for such F-1 student athletes solely for activities pursuant to an NIL compensation agreement.

This section prohibits athletic associations and conferences from prohibiting institutions or conferences from obtaining sponsorship for a single jersey or uniform patch for any varsity intercollegiate sport, provided the institution maintains at least the same number of roster spots and scholarships for non-revenue-generating and women’s varsity intercollegiate sports as provided during the 2023–2024 academic year. (Thus, the provision aims to generate additional sponsorship revenue to support all sports, including Olympic and women’s sports, without increasing tuition or fees.)

This section requires each athletic association to establish an Office of the Athlete Ombuds to support student athletes. The office must (1) provide independent information and advice, at no cost, about this Act and the athletic association's rules, regulations, and policies; (2) assist student athletes in resolving concerns with the athletic association, conferences, and institutions; and (3) direct student athletes to external third-party resources, including athlete advocacy organizations. The office must maintain the confidentiality of information provided to it, except with the provider's permission, in response to a court subpoena, or to protect a person from imminent risk of serious harm.

This section states the purpose of this title, which is to provide additional revenue for institutions to fund all sports—including Olympic sports and women’s sports—and to discourage institutions from raising tuition or fees on students to pay for varsity intercollegiate sports programs.

This section defines "Sports Broadcasting Act of 1961" for this title as the Act of September 30, 1961 (15 U.S.C. 1291 et seq.), and amends its definitions section (15 U.S.C. 1295)—which previously defined only "persons"—by (1) inserting new paragraphs (1) through (6) defining "college athletic competition" (as in the Student Athlete Fairness and Enforcement Act), "designated market area" (as in 17 U.S.C. §122(j)(2)(C)), "institution" (i.e., institution of higher education under the Higher Education Act of 1965), "local designated market area" (i.e., a designated market area including the principal campus of an institution that is a member of a participating association), "local outlet option" (i.e., opportunity for at least one outlet to carry a live college athletic competition without charge to viewers within such local designated market area), and "participating association" (i.e., an association with a joint agreement under section 1(b)(1)); and (2) redesignating the existing "persons" definition as paragraph (7). The amendments further direct the Federal Communications Commission to publish a list of local designated market areas not later than 180 days after enactment and maintain the list on a public website.

This section expands the antitrust exemption under the Sports Broadcasting Act of 1961 to joint agreements by eligible associations of institutions conducting organized college athletic competitions to sell or transfer sponsored telecasting rights for those competitions and to distribute the resulting revenues (with distributions for certain associations determined per section 5 of the act, as amended). An eligible association includes (1) one comprising, at minimum, all Football Bowl Subdivision (FBS) institutions if their number exceeds 136, the 136 highest-earning institutions by athletics revenue if fewer than 136 FBS institutions exist, or either group if exactly 136 FBS institutions exist; or (2) any association excluding institutions meeting the criteria in (1). (As background, the act previously exempted only professional football, baseball, basketball, and hockey leagues from antitrust laws for similar joint telecasting agreements.) The section also makes technical amendments to conform statutory references to the new subsection structure.

This section establishes within the National Collegiate Athletic Association (NCAA) a 14-member Committee on intercollegiate sports media rights with authority over the marketing, negotiation, and sale of collective media rights (i.e., rights from joint agreements among member institutions) of all member institutions and the distribution of resulting revenue to those institutions. The committee consists of members selected by presidents of member institutions, including (1) two current or former student athletes (at least one from a sport other than football or basketball); (2) at least one representative from a historically Black college or university; (3) at least one representative associated with a non-revenue sport (other than the student athletes); (4) at least one from an institution without varsity football; (5) three from non-power conferences; (6) one Title IX expert who is an academic unaffiliated with conferences or athletic departments; and (7) one consumer advocate with sports content expertise—and limits employees or representatives of the top 70 revenue-generating institutions or power conferences (Southeastern, Big Ten, Big 12, Atlantic Coast, or successors) to no more than four members, with no current or former conference or athletic association employees allowed. Not less frequently than annually, the committee must determine by majority vote a revenue distribution method ensuring each member institution receives more collective media rights revenue than in the 2024–2025 academic year while maintaining scholarships and roster spots for non-revenue-generating and women's varsity intercollegiate sports programs at 2023–2024 levels; institutions receiving such revenue must similarly maintain those scholarships and roster spots for non-revenue sports. (Thus, the provision facilitates pooled negotiation of college sports media rights while mandating revenue increases and protections for Olympic/non-revenue sports and gender equity under Title IX.)

This section requires that, as a condition of the antitrust exemption under the Sports Broadcasting Act of 1961, participating associations (e.g., NCAA) make available at least one non-exclusive Local Outlet broadcast option in the designated market area of each participating institution for every college football or basketball competition. It mandates good faith negotiations between participating associations and networks, distributors, or licensees holding or seeking such rights, with the Federal Communications Commission having jurisdiction over related complaints.

This section amends the Sports Broadcasting Act of 1961 to require broadcast networks, streaming platforms, or other distributors that acquire streaming or digital distribution rights to college athletic competitions in sports other than football or basketball to make those competitions reasonably available to the public within one year of the rights agreement's effective date. If the rights are not used or are materially underutilized within that one-year period, they automatically revert to the originating association or institution, which may then resell, relicense, or reconvey them without penalty or liability for breaching the original agreement.

This section prohibits an athletic association eligible to enter into a joint media rights agreement exempt from antitrust laws under the Sports Broadcasting Act of 1961 (15 U.S.C. 1291(b)(1)), as amended by section 902 of this Act, and any conference or institution that is a member of such association from renegotiating or extending media rights contracts in effect on October 1, 2025, before their expiration dates (without regard to any contract provision authorizing early extensions).

This section authorizes the Federal Trade Commission (FTC) to enforce titles I, II, IV, and V and sections 302 and 303 of the Act, and regulations thereunder, as unfair or deceptive acts or practices under section 18(a)(1)(B) of the Federal Trade Commission Act (FTC Act), using the full jurisdiction, powers, penalties, privileges, and immunities of the FTC Act. It extends such enforcement to nonprofit organizations not organized for profit notwithstanding FTC Act jurisdictional limitations in sections 4, 5(a)(2), and 6 (15 U.S.C. §§44, 45(a)(2), 46). (Thus, the FTC may investigate and penalize nonprofits for violations under those titles.) The section further directs the FTC to report potential violations of Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.) arising from implementation of those titles to the Department of Education's Office for Civil Rights.

This section authorizes a state attorney general or consumer protection officer to bring a civil action in an appropriate U.S. district court or state court, on behalf of state residents, to enjoin violations of or enforce compliance with titles I-V of the Act; obtain damages, civil penalties, restitution, or other compensation; or secure other appropriate relief. It requires written notice to the Commission before initiating such an action (or immediately upon filing if prior notice is infeasible), including a copy of the complaint, and permits the Commission to intervene, participate fully, and appeal. The section preserves state attorneys general and consumer protection officers' existing authorities under state law; specifies venue in any U.S. district court meeting 28 U.S.C. §1391 requirements or an appropriate state court, with service of process in any district where a defendant resides or may be found; and clarifies that it does not prohibit state proceedings for state law violations.

This section establishes a private right of action, allowing any person alleging a violation of section 101 or 103 to bring a civil action in an appropriate U.S. district court or state court. In such an action where the plaintiff prevails, the court may award actual damages, reasonable attorney’s fees and litigation costs, and other appropriate relief, including equitable or declaratory relief. The section further invalidates and renders unenforceable any pre-dispute arbitration agreement or pre-dispute joint action waiver against a student athlete with respect to disputes arising under this Act; courts (rather than arbitrators) determine applicability.

This section establishes whistleblower protections prohibiting an institution of higher education, athletic conference or association, or their agents from retaliating against covered individuals—including current or former student athletes, employees, contractors, subcontractors, service providers, or agents—for (1) providing information on reasonably believed violations of this Act to federal agencies, state attorneys general, law enforcement, health care providers, supervisors, or others able to investigate or remedy such violations; (2) testifying or assisting in related investigations or proceedings; or (3) taking other actions to implement this Act. Covered individuals alleging retaliation may sue for a federal jury trial seeking temporary relief, reinstatement with seniority, triple back pay with interest, consequential and compensatory damages, and litigation costs including attorneys' fees; these rights cannot be waived by any policy, employment condition, or athletic agreement, and pre-dispute arbitration agreements are invalid or unenforceable for such claims.

This section preempts state and local laws or regulations that govern or regulate institutions, athletic departments, conferences, or athletic associations with respect to (1) student-athlete rights to compensation for name, image, or likeness (NIL); (2) student-athlete rights to additional reasonable third-party benefits; (3) transfers of student-athletes between institutions; or (4) caps on athlete agent fees—or that conflict with the Act. It preserves (1) state laws restricting student-athlete endorsements for alcohol, tobacco, vaping, marijuana, gambling, or similar products; (2) state Uniform Athlete Agent Acts; (3) federal and state common law or statutory civil remedies; and (4) generally applicable state consumer protection, antitrust, trademark, or copyright laws. The section further clarifies that the Act does not affect federal trademark or copyright law and that tax-exempt institutions under IRC §115 are not state political subdivisions.

This section establishes a severability clause for the Act, providing that the invalidation of any provision or amendment, or its application to any person or circumstance, does not affect the remainder of the Act or its amendments or their application to other persons or circumstances.