What changed between these versions
A complete substitute amendment, v3 fundamentally restructures the bill by introducing a new Title III for HBCU sports media and connectivity grants, significantly overhauls the revenue share cap and NIL compensation rules, and adds several new protections and disclosure requirements for student athletes. v3 is effectively a different bill from v2, with extensive changes across all titles.
Overview
Extensive changes throughout the bill, including the addition of an entire new title and numerous new sections and subsections. · v3 fundamentally restructures the legislative approach to college athletics, significantly expanding federal oversight, introducing new financial mechanisms for student athletes, and adding a new program to support HBCU sports media infrastructure. It also clarifies and refines existing provisions, but the overall scope and policy direction are substantially altered and expanded.
v3 introduces a new Title III, establishing the HBCU Sports Media and Connectivity Program, a significant expansion of the bill's scope. Title I sees a complete rewrite of the revenue share cap mechanism, introducing a complex congressional approval process and a new retention fund for student athletes, alongside new sections on women's and Olympic sports protection, foreign financing disclosure, and American student athlete prioritization. Title II modifies provisions related to media rights, conference mergers, and football contest limitations, including a new protection for the Army-Navy game broadcast. These changes represent a fundamental restructuring of the bill's approach to college athletics.
Major additions
v3 adds an entirely new Title III, the 'HBCU Sports Media and Connectivity Program'. This title authorizes competitive grants to Historically Black Colleges and Universities (HBCUs) for long-term improvements to broadband, information technology, media infrastructure (including sports broadcast production and distribution), and local journalism for student learning.
This addition creates a new federal program specifically aimed at enhancing the technological and media capabilities of HBCUs, potentially increasing their visibility, educational opportunities in media fields, and revenue generation from sports broadcasting. It addresses a specific need for these institutions, providing direct financial support for infrastructure development.
v3 adds a new prohibition preventing institutions, employees, conferences, or associated entities from providing compensation to prospective student athletes prior to their enrollment. An exception is made for compensation to attend development camps or programs open to non-prospective student athletes, provided compensation does not exceed reasonable attendance costs.
This new provision aims to curb inducements in the recruitment process by explicitly prohibiting pre-enrollment compensation, except for specific developmental activities. It could impact how institutions recruit and interact with potential student athletes, potentially reducing early financial incentives.
v3 introduces a new 'Retention fund' exception, allowing institutions to exceed the revenue share cap by up to $22,500,000 per academic year for retaining student athletes who have completed at least one competitive season at the institution. An additional $5,000,000 is allowed for non-revenue generating sports, subject to a 9-year sunset and academic success limitations.
This creates a significant new financial mechanism for institutions to retain student athletes, potentially increasing their earning potential beyond the general revenue share cap. It also provides a specific carve-out to support non-revenue generating sports, which could benefit a broader range of student athletes, particularly in women's and Olympic sports.
v3 adds new requirements for NIL agreements involving multimedia rights holders, sponsors, apparel companies, or vendors with commercial relationships with an institution. These entities and the institution must provide signed certifications affirming that the institution is not the originating source of compensation, did not finance the agreement, and did not negotiate the compensation amount, to prevent circumvention of the revenue share cap.
This provision aims to increase transparency and prevent indirect payments or 'pay-for-play' schemes disguised as NIL deals, particularly those facilitated by entities closely tied to the institution. It places new compliance burdens on institutions and their commercial partners.
v3 adds a new subsection requiring an intercollegiate athletic association to take reasonable actions to ensure its member institutions comply with the health, wellness, and safety standards outlined in Section 107.
This explicitly assigns oversight responsibility to athletic associations for institutional compliance with health and safety standards, potentially leading to more rigorous enforcement and accountability for student athlete welfare.
v3 adds a new section titled 'Protection of Women's Sports and Olympic Sports'. This section prohibits intercollegiate athletic associations and conferences from reducing minimum athletic competitions, participants, or varsity sports teams for Division I or Football Bowl Subdivision (FBS) membership. It also mandates that large-sized and mid-sized institutions maintain grant-in-aid opportunities and roster spots for non-revenue generating sports at or above 2024-2025 levels, with specific waiver conditions and sunset clauses.
This section aims to safeguard athletic opportunities, particularly for women and Olympic sports, against potential reductions stemming from financial pressures or shifts in athletic priorities. It imposes specific maintenance requirements on institutions based on their revenue size, with mechanisms for temporary relief under defined hardship conditions.
v3 adds a new section titled 'Mid-sized Conference Representation on Intercollegiate Athletic Association Governing Boards'. This section requires intercollegiate athletic associations to ensure adequate representation of mid-sized conferences on their boards of directors or other governing bodies with rule-making authority.
This provision aims to ensure that mid-sized conferences have a voice in the governance and rule-making of national athletic associations, potentially influencing decisions that affect their members and student athletes.
v3 adds a new section titled 'Title IX Savings Clause', explicitly stating that nothing in Title I or its amendments should be construed to override, modify, or amend the applicability of Title IX of the Education Amendments of 1972.
This clause clarifies the relationship between the bill and existing federal civil rights law, ensuring that the new provisions do not inadvertently undermine Title IX's protections against sex-based discrimination in education programs, including athletics.
v3 adds a new section titled 'Protecting Opportunities for American Student Athletes', declaring it the policy of the United States that institutions should prioritize domestic students in the selection of student athletes and the awarding of athletic opportunities, including grant-in-aid and roster positions.
This establishes a federal policy encouraging institutions to favor domestic students in athletic recruitment and scholarship decisions. While not a direct mandate, it signals a directional preference that could influence institutional practices regarding international student athletes.
v3 adds a new section titled 'Disclosure of Foreign Financing of Intercollegiate Athletics'. This section requires covered persons (institutions, conferences, intercollegiate athletic associations) to disclose amounts exceeding $600 received from foreign governments, foreign adversaries, state-owned enterprises, or sovereign wealth funds, relating to intercollegiate athletics. Intercollegiate athletic associations must report these disclosures to Congress and the Secretary of Education, and publish them publicly.
This provision aims to increase transparency regarding foreign influence and financing in college athletics, particularly from entities that could pose national security risks. It imposes new reporting and disclosure obligations on athletic organizations and institutions.
v3 adds a new subsection 'Relation to contractual rights, obligations, and remedies' to the requirements for entities selling media rights. It specifies that no member institution or conference shall contribute media rights to the covered entity if they are not legally entitled to do so due to an existing contract, and clarifies that the Act does not eliminate, limit, modify, or affect existing contractual rights, obligations, or remedies.
This addition provides explicit protection for existing media rights contracts, ensuring that the formation of the covered entity and the pooling of media rights do not abrogate or interfere with pre-existing agreements. This reduces legal uncertainty for institutions and their media partners.
v3 adds a new subsection 'Preservation of carriage, distribution, and promotion of women's and Olympic sports' to the requirements for entities selling media rights. It mandates that any joint agreement by a covered entity that includes football or basketball media rights must take reasonable efforts to promote and distribute media rights for non-revenue generating intercollegiate sports programs (regular and post-season) and preserve current levels of carriage, distribution, and promotion.
This provision aims to ensure that the pooling of major revenue sports' media rights does not come at the expense of visibility and promotion for women's and Olympic sports. It creates an explicit obligation for the covered entity to support these sports' media presence.
v3 adds a new subsection 'No effect on conferences and institutions outside covered entity' to the preservation of conference opponents and traditional rivalries. It clarifies that nothing in the subsection requires any conference or institution not in the covered entity to schedule intercollegiate athletic competitions against any other institution.
This clarifies the scope of the rivalry preservation requirements, ensuring they only apply to members of the covered entity and do not impose scheduling obligations on non-member institutions or conferences.
v3 adds a new subsection 'No abrogation of existing contracts' to the participation in covered entity optional provisions. It states that nothing in the section shall be construed to abrogate, terminate, or modify a contract in effect on the date of enactment, or provide a defense to a claim arising from breach of such contract.
This provides further explicit protection for existing contracts, reinforcing the intent that the new media rights framework does not retroactively invalidate or interfere with current agreements.
v3 adds a new subsection 'No liability for declining to participate in covered entity'. It states that nothing in the Act permits a person to challenge a decision by an institution or conference not to join or participate in the covered entity.
This provision explicitly protects institutions and conferences from legal challenges if they choose not to join the covered entity for media rights pooling, reinforcing the voluntary nature of participation.
v3 adds a new prohibition under antitrust laws for covered conferences (over $700M revenue) to acquire assets or media rights of an institution that is *not* a covered institution, if as a result, the conference membership exceeds 20 institutions.
This introduces a new restriction on the growth of large conferences, specifically targeting acquisitions of institutions from smaller conferences or independent institutions, aiming to limit further consolidation and maintain a degree of diversity in conference sizes.
v3 adds a new prohibition under antitrust laws for any entity to merge with, acquire, or consolidate assets or media rights of a covered institution (or multiple covered institutions) for the purpose of creating a new conference or intercollegiate athletic association.
This aims to prevent the formation of new 'super conferences' or athletic associations by external entities acquiring top institutions, thereby preserving the existing structure of intercollegiate athletics to some extent.
v3 adds a new subsection clarifying that the prohibitions in Section 205(a) do not apply to a covered conference (or its subsidiary) that existed on the date of enactment and has not reported more than $700,000,000 in revenue on its fiscal year 2025 or subsequent tax returns.
This provides an exemption for smaller or mid-sized covered conferences, ensuring that the new merger restrictions primarily target the largest, highest-revenue conferences.
v3 adds new definitions for 'covered conference' and 'covered institution' specifically for the purpose of Section 205, detailing revenue thresholds and participation history in high-revenue conferences.
These definitions are crucial for determining which conferences and institutions are subject to the new merger and acquisition prohibitions, providing clarity and specificity to the regulatory framework.
v3 adds a new subsection 'Protection of Army-Navy Game' to the football contest limitations. It specifies that the antitrust exemption for the covered entity's media rights does not apply to any joint agreement that permits telecasting of a postseason FBS football contest during the 'protected Army-Navy Game broadcast window' (1 hour before to 30 minutes after the game's official conclusion on the second Saturday in December).
This provision aims to protect the unique viewership and tradition of the Army-Navy game by preventing competing postseason football broadcasts from benefiting from the antitrust exemption during its airtime. It ensures the game retains its exclusive broadcast window.
Deletions
v2's Section 115, titled 'Extension of the Revenue Share Cap', simply stated that the revenue share cap would continue to apply upon expiration of the Injunctive Relief Settlement Agreement and would be adjusted annually for inflation.
The deletion of v2's Section 115 and its replacement with a new, much more complex Section 115 in v3 removes the automatic, inflation-adjusted extension of the revenue share cap. This shifts the mechanism for the cap's continuation from a simple statutory extension to one requiring explicit congressional approval and a different recalculation methodology, fundamentally altering the long-term stability and adjustment process of the cap.
v2's Section 206 amended Section 3 of the Sports Broadcasting Act of 1961 to change the start date of the intercollegiate football season from the 'second Friday in September' to the 'first Friday in September' and the end date from the 'second Saturday in December' to the 'third Saturday in December'.
The deletion of these specific date changes from v2 means that v3 reverts to the original start and end dates for the intercollegiate football season as defined in the Sports Broadcasting Act of 1961, effectively removing the proposed expansion of the regular season window. This maintains the existing season length and schedule, impacting institutions, conferences, and broadcasters who might have planned for an earlier start or later end to the regular season.
Modifications
This modification narrows the scope of what constitutes an 'associated entity'. By specifying 'to the athletics department staff' and 'in significant part'/'solely', it may reduce the number of individuals or entities inadvertently classified as associated entities, potentially limiting the reach of regulations tied to this definition. The exclusion of publicly traded corporations provides clarity for large companies with indirect affiliations.
Before
v2 defined 'associated entity' as any individual or entity known, or should have been known, to exist for or act for the benefit of an institution's athletics program or student athletes, including those contributing over $50,000, assisting in recruitment, or affiliated with such entities.
After
v3 refines the definition of 'associated entity' to include those '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' promoting or supporting athletics or creating NIL opportunities *solely* for a particular institution's student athletes. It also adds 'other than a publicly traded corporation' to the affiliation clause.
This provides greater legal precision to the terms 'full-time student' and 'satisfactory academic progress' by linking them to established federal education regulations. The rule of construction explicitly permits more stringent academic standards, which could impact student athletes' eligibility if their institution or conference adopts stricter rules than the federal baseline.
Before
v2 defined 'student athlete' as an individual enrolled full-time, making satisfactory progress towards a degree, and participating in intercollegiate athletics.
After
v3 retains the core definition but adds specific references to federal regulations (34 CFR 668.2 for full-time student, 34 CFR 668.34 for satisfactory academic progress) and includes a rule of construction allowing institutions/conferences/associations to establish more stringent academic progress standards.
Student athletes entering NIL agreements now face a significantly tighter deadline (5 days instead of 30) for reporting the terms to their institution. They also must report to their intercollegiate athletic association (or a designated entity), increasing transparency and oversight for these agreements at a broader organizational level. This could lead to more immediate scrutiny of NIL deals.
Before
v2 required student athletes to report NIL agreement terms and compensation exceeding $600 to their institution not later than 30 days after entering an agreement or receiving compensation.
After
v3 changes the reporting deadline for NIL agreement terms (not compensation receipt) to 'not later than 5 days' after entering an agreement. It also mandates reporting to 'their institution and their intercollegiate athletic association, or to an entity designated by their intercollegiate athletic association'.
This modification eliminates the validity of oral agency contracts for student athletes under SPARTA. It provides greater clarity and enforceability for agency agreements, ensuring that all terms are documented in writing, which could protect student athletes from informal or unrecorded agreements.
Before
v2's amendment to the Sports Agent Responsibility and Trust Act (SPARTA) defined 'agency contract' as an 'oral or written agreement'.
After
v3's amendment to SPARTA changes the definition of 'agency contract' to 'a written agreement'.
Institutions now have a broader reporting obligation, encompassing all forms of compensation provided to student athletes, not just NIL agreements. This increased transparency will provide a more complete picture of institutional financial support for student athletes, disaggregated by sport, which could inform policy decisions and public understanding of resource allocation.
Before
v2 required institutions to disclose, disaggregated by sports program, the number, average value, and total value of NIL agreements entered into between the institution and a student athlete.
After
v3 expands this disclosure to include 'any other compensation provided or to be provided by an institution to a student athlete'. It requires reporting the 'amount of compensation provided or to be provided' and, disaggregated by sports program, 'the number of agreements and payments', 'the average value of the agreements and payments', and 'the total value of the agreements and payments'.
This modification ensures that former student athletes who previously received need-based grant-in-aid can have their current financial need assessed upon returning to complete their degree, rather than being limited to their historical grant amount. This could provide more equitable financial support for those whose circumstances have changed.
Before
v2 required institutions to provide former student athletes (who meet certain criteria) the amount of grant-in-aid they received while previously enrolled and participating in intercollegiate athletics.
After
v3 adds an alternative for grant-in-aid for former student athletes: '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.'
This modification mandates that women's athletic programs receive comparable levels of publicity and promotion as men's programs for championship events or tournaments. This could lead to increased visibility, media coverage, and fan engagement for women's sports, addressing a long-standing disparity in athletic program support.
Before
v2 required intercollegiate athletic associations and conferences to maintain comparable standards for medical care, lodging, meals, rest, transportation, and athletic facilities for championship events across similarly situated men's and women's athletic programs.
After
v3 adds 'publicity and promotion' to the list of comparable standards that must be maintained across similarly situated men's and women's athletic programs.
This change expands the circumstances under which a student athlete can transfer without penalty due to sexual assault or harassment. By changing 'varsity sports team' to 'institution', it covers misconduct by any individual associated with the institution, not just those directly tied to the athletic team, offering broader protection and flexibility for affected student athletes.
Before
v2 allowed a student athlete to transfer additionally without losing eligibility upon 'sexual assault or harassment of the student athlete by an individual associated with the student athlete's varsity sports team'.
After
v3 modifies this exception to 'sexual assault or harassment of the student athlete by an individual associated with the student athlete's institution'.
This modification clarifies that the federal eligibility standards outlined in this section primarily apply to student athletes in NCAA Divisions I and II. This could mean that Division III student athletes or those in other athletic associations might be subject to different eligibility rules, potentially creating varied standards across the landscape of college sports.
Before
v2 stated an individual is eligible to participate on a varsity sports team or in intercollegiate athletic competition if they are a student athlete, meet academic standards, are not a professional athlete, and comply with state/federal law.
After
v3 specifies that this eligibility applies to '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'.
This modification provides specific protection for basketball players' amateur status, ensuring that participation in youth competitions before college enrollment does not render them professional. This is significant for basketball recruitment and eligibility, acknowledging the common practice of high-level youth sports participation. It removes a potential barrier to eligibility for many basketball recruits.
Before
v2 clarified that a student athlete in a sport other than football or basketball is not considered a professional athlete based solely on prize money, provided it's from the event sponsor and not an institution/collective.
After
v3 renames the subsection to 'Clarification on Youth Activities and Prize Money' and adds a new paragraph (1) stating that a basketball student athlete is not considered a professional based on participation in athletic competitions prior to their 19th birthday or initial full-time enrollment. The original prize money clarification becomes paragraph (2).
This modification clarifies that the benchmark for 'commensurate compensation' should be based on what third parties pay, not necessarily what the institution itself might pay for non-athlete individuals. It also specifies 'at the institution' for the comparison, potentially making it easier for institutions to justify NIL compensation levels by comparing to local or institutional profiles rather than a broader market.
Before
v2 prohibited institutions, employees, etc., from entering into NIL agreements that are not for a valid business purpose and commensurate with compensation paid to individuals with a similar profile who are not student athletes.
After
v3 modifies the commensurability requirement to '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*'.
This modification exempts NIL agreements directly between a student athlete and their institution from the 'valid business purpose' requirement. This could allow institutions more flexibility in how they structure NIL compensation directly with their athletes, potentially simplifying compliance for institutional NIL programs compared to third-party deals.
Before
v2 stated that 'A name, image, and likeness agreement with a student athlete shall be for a valid business purpose.'
After
v3 modifies this to '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.'
This refinement clarifies the specific types of funds that can be used for high-value coaching compensation, ensuring that such payments are tied to athletic-specific revenue streams or donations rather than general university funds. This could reinforce the financial independence of athletic departments for high-earning personnel.
Before
v2 prohibited institutions with over $80M in annual athletics revenue from compensating coaches/managers over $500,000 using funds from sources other than college sports revenue or athletic department donations.
After
v3 retains the core prohibition but clarifies the funding sources as 'college sports revenue or a donation or contribution to the athletic department of the institution'.
This is a transformative change. It removes the automatic extension of the revenue share cap, making its future contingent on explicit congressional action through a fast-tracked legislative process. The new recalculation formula introduces a different method for adjusting the cap, potentially leading to different financial outcomes for student athletes and institutions compared to a simple inflation adjustment. It also elevates the role of Congress in determining the future of student athlete compensation limits.
Before
v2 simply stated that upon expiration of the Injunctive Relief Settlement Agreement, the revenue share cap would continue to apply and be adjusted annually for inflation.
After
v3 completely rewrites this section. It establishes a complex process for congressional approval of the continuation of the revenue share cap and retention fund after the settlement agreement expires. This includes specific notice requirements to Congress, definitions of a 'joint resolution of approval' with prescribed titles and text, and 'fast track consideration' procedures in both the House and Senate. It also sets a new recalculation methodology for the revenue share cap: a 4% annual increase for two years, then a recalculation based on 22% of Average Shared Revenue (subject to audit) every three years, followed by another two years of 4% increases.
This modification broadens the representation on the Commission, ensuring that the perspectives of HBCUs and mid-sized conferences are explicitly included in recommendations for the future of college athletics. The additional committee consultations also bring more legislative expertise into the appointment process, potentially leading to more comprehensive and diverse recommendations.
Before
v2 established a 20-member commission with 4 members appointed by each of the Commerce, Science, and Transportation (Senate) and Energy and Commerce (House) committee chairs/ranking members (at least 1 student athlete each), and 1 student athlete appointed by each of the Senate/House majority/minority leaders.
After
v3 expands the commission to 24 members. It adds 1 representative of a historically Black college or university (HBCU) appointed by the Senate Majority Leader and Speaker of the House, and 1 representative of a mid-sized conference appointed by the Senate Majority Leader and Speaker of the House. It also adds consultation requirements with the Senate Health, Education, Labor, and Pensions Committee and the House Education and Workforce Committee for certain appointments.
The expanded duties mean the Commission will undertake a more comprehensive and detailed analysis of the financial, welfare, and structural aspects of college athletics, particularly concerning the new revenue share cap and retention fund. The inclusion of long-term financial stability and third-party oversight options suggests a deeper dive into systemic issues, potentially leading to more impactful and wide-ranging legislative recommendations.
Before
v2 outlined the Commission's duties to study and develop recommendations on various aspects of college athletics, including compensation structures, protection of athletic opportunities, spending limitations, the Pool Benefits Limit, agent provisions, and student athlete welfare.
After
v3 expands the scope of the Commission's duties. New areas of study include whether to eliminate, extend, or change the *revenue share cap and retention fund* (not just Pool Benefits Limit), consideration of the calculation of the revenue share cap and additional revenue categories, more detailed review of health, wellness, and safety standards (including oversight options), and opportunities for student athletes to derive long-term financial stability through program value. It also adds a new duty for the 'Student Athlete Retention Council' (a new entity) to provide recommendations on the retention fund exception.
This change grants intercollegiate athletic associations more flexibility to set sport-specific transfer windows, allowing for shorter or longer periods (within the 2-5 week range) based on the needs of individual sports. This could better accommodate different competitive calendars and student athlete needs across various sports, while still maintaining a regulated transfer period.
Before
v2 allowed intercollegiate athletic associations to enforce rules prohibiting contact with student athletes enrolled or committed to another institution for recruitment purposes, except during a '5 consecutive weeks' period after the last intercollegiate athletic competition.
After
v3 modifies this period to '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 starting after the last intercollegiate athletic competition'.
This modification expedites the process for bringing civil actions, allowing plaintiffs to proceed more quickly if a violation is not cured. The new exception for cases involving physical injury, death, or sexual abuse/misconduct is particularly significant, as it removes the notice and cure requirement entirely for these severe allegations, enabling immediate legal action and potentially offering faster recourse for affected individuals.
Before
v2 required a 60-day written notice to the defendant before filing a civil action for violations, and allowed for cure within that 60-day period.
After
v3 shortens the notice period to '30 days' and the cure period to '30-day period'. It also adds a new exception in (f)(3) for actions based on physical injury, death, or sexual abuse/misconduct.
This modification extends whistleblower protections to individuals reporting violations of Title IX, a critical federal law prohibiting sex-based discrimination. This could encourage more reporting of Title IX violations within college athletics without fear of retaliation, potentially improving compliance and accountability for gender equity and safety.
Before
v2 protected individuals who provide information or assist in proceedings related to a violation of 'this title'.
After
v3 expands the scope of protected disclosures to include information or assistance related to a violation of 'this title or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)'.
This modification limits the federal preemption of state laws concerning student athlete eligibility. By referencing specific subsections of Section 113, it allows states to maintain or enact laws related to aspects of eligibility not explicitly covered by those federal provisions, potentially creating a more varied regulatory landscape for eligibility across states.
Before
v2 preempted state laws that govern, regulate, or invalidate policies or rules of an institution, conference, or intercollegiate athletic association that regulates 'the eligibility of a student athlete to participate in intercollegiate athletics'.
After
v3 narrows this preemption to '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'.
This modification provides much greater specificity and breadth to the types of state laws and common law causes of action that are preserved from federal preemption. By explicitly listing various types of injuries and misconduct, including those related to abuse, hazing, and safety, v3 ensures that state-level legal remedies for student athletes in these critical areas remain available, even if they conflict with certain aspects of federal regulation, thereby enhancing student athlete protections.
Before
v2 listed several categories of state laws (e.g., Uniform Athlete Agent Acts, civil rights, tort, criminal, fraud, privacy, contract, trademark, copyright, consumer protection) that would not be preempted 'except to the extent that such law rule, regulation, requirement, or common law right or remedy conflicts with subsection (a)'.
After
v3 significantly restructures and expands this subsection. It creates two distinct paragraphs: (1) lists laws not preempted 'Except to the extent that such law rule, regulation, requirement, or common law right or remedy conflicts with subsection (a)'; and (2) lists specific causes of action (e.g., personal injury, wrongful death, sexual assault, harassment, fraud, injury from abuse/hazing, deficient safety measures, failure to provide greater health protections) that are not preempted 'Except to the extent that such law conflicts with subsection (a)(2)'.
This modification clarifies the retroactive and prospective application of the Act, particularly concerning ongoing legal disputes and past conduct. It generally limits the Act's application to future actions but explicitly preserves claims for monetary relief arising from past conduct, which is significant for ongoing or potential litigation related to student athlete compensation and welfare. It also carves out specific exceptions related to the NIL litigation settlement.
Before
v2 stated that the title and amendments apply to any action or proceeding pending on or commenced after the date of enactment.
After
v3 retains the applicability of Section 113(c)(1)(B) to pending/commenced actions. However, it adds new subsections (b) and (c) which state that, with exceptions, the Act does not apply to actions/proceedings commenced prior to the effective date, and does not extinguish claims for monetary relief from conduct before enactment, unless specified by legal proceedings related to the NIL litigation settlement.
This modification expands the reach of the merger prohibition to include conferences with lower, but still substantial, revenues, thereby encompassing more entities under the antitrust restrictions. By explicitly including 'assets or media rights' and 'covered institutions' in the acquisition prohibition, it broadens the types of transactions that are restricted, aiming to prevent consolidation by large conferences through various means.
Before
v2 prohibited any conference reporting over $1B in fiscal year 2025 revenue from merging or acquiring another conference if the resulting membership would be less than 75% of FBS institutions.
After
v3 lowers the revenue threshold for 'covered conferences' to '$700,000,000' in fiscal year 2025 or subsequent tax returns. It also clarifies that the prohibition applies to merging or acquiring 'the assets or media rights of, another covered conference or a covered institution'.
This modification means the intercollegiate football regular season will not be extended as proposed in v2. The season will maintain its existing start and end dates, which affects scheduling, player rest, and broadcast windows. However, the requirement for the season and postseason to conclude by January 8 remains, which could still impact the timing of championship games.
Before
v2 amended Section 3 of the Sports Broadcasting Act of 1961 to change the start date of the intercollegiate football season from the 'second Friday in September' to the 'first Friday in September' and the end date from the 'second Saturday in December' to the 'third Saturday in December'. It also added a clause for the season to conclude by January 8.
After
v3 removes the changes to the start and end dates of the season, effectively reverting to the original dates in the Sports Broadcasting Act of 1961. It retains the addition of the clause requiring the season and postseason to conclude not later than January 8 of any year, to the extent practicable.
Scope
Fundamental restructuring — Changes are scattered throughout Title I and Title II, with significant modifications to existing sections and the addition of numerous new sections. A completely new Title III is also introduced. — v3 represents a meaningful change in policy direction, moving from a framework that primarily extended existing NIL rules and protections to one that fundamentally restructures the financial and governance landscape of college athletics, introduces new federal programs, and significantly expands federal oversight and protections. — The changes interact significantly with existing provisions, particularly in Title I where new NIL compensation mechanisms (retention fund, anti-circumvention rules) and expanded eligibility/transfer rules modify the operative effects of earlier sections. The new definitions and applicability clauses also have broad implications across the bill. Title II's changes to merger rules and media rights also interact with the antitrust exemptions.
Impact analysis
Historically Black Colleges and Universities (HBCUs)
Gain
v3 introduces a new grant program (Title III) specifically for HBCUs to improve their broadband, technology, media, and sports broadcast infrastructure.
Student athletes (general)
Procedural change (reporting), Gain (whistleblower, eligibility clarity)
v3 shortens the NIL agreement reporting deadline from 30 to 5 days and expands reporting to include athletic associations. It also adds new whistleblower protections for Title IX violations and clarifies eligibility for youth basketball players.
Student athletes (retained at institution)
Gain
v3 introduces a new 'Retention fund' allowing institutions to exceed the revenue share cap by up to $22.5M (plus $5M for non-revenue sports) for retaining student athletes after their first competitive season.
Student athletes (experiencing sexual assault/harassment)
Gain
v3 expands the transfer exception for sexual assault/harassment to include misconduct by any individual associated with the 'institution' (not just the 'varsity sports team'). It also removes the 30-day notice/cure period for civil actions related to physical injury, death, or sexual abuse/misconduct.
Institutions (Division I and II)
Gain (retention), Procedural change (compliance, reporting)
v3 clarifies that federal eligibility standards apply to Division I and II. It also gains a new mechanism to retain student athletes (retention fund) but faces new NIL certification requirements for third-party deals and expanded reporting obligations for all institutional compensation.
Institutions (large-sized and mid-sized, as defined)
Procedural change (maintenance requirements), Constraint (program cuts)
v3 mandates that these institutions maintain grant-in-aid opportunities and roster spots for non-revenue generating sports at or above 2024-2025 levels, with specific waiver conditions.
Intercollegiate athletic associations and conferences
Procedural change (oversight, governance, reporting), Constraint (media rights decisions)
v3 assigns explicit oversight responsibility for institutional health and safety compliance, mandates representation for mid-sized conferences on governing boards, and requires them to ensure protection of women's and Olympic sports media rights. They also gain a role in the new NIL reporting structure.
Conferences (over $700M revenue)
Constraint
v3 lowers the revenue threshold for prohibited mergers and expands the scope of prohibited acquisitions to include assets/media rights of non-covered institutions if membership exceeds 20. It also prohibits entities from forming new conferences/associations by acquiring covered institutions.
Student athletes (former, seeking to complete degree)
Gain
v3 allows former student athletes who previously received need-based grant-in-aid to have their current financial need assessed upon returning to complete their degree, rather than being limited to their historical grant amount.
Third-party entities (multimedia rights holders, sponsors, apparel companies, vendors with institutional ties)
Procedural change (compliance)
v3 imposes new certification requirements for NIL agreements brokered by or involving these entities, affirming the institution's non-involvement in compensation funding or negotiation.
Foreign governments, foreign adversaries, state-owned enterprises, and sovereign wealth funds
Procedural change (disclosure)
v3 requires disclosure of amounts exceeding $600 received from these entities by covered persons (institutions, conferences, athletic associations) relating to intercollegiate athletics.