S. 4177

119 S4177 IS: Student Athlete Act of 2026
 U.S. Senate
 2026-03-24
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 II  119th CONGRESS  2d Session  S. 4177  IN THE SENATE OF THE UNITED STATES   March 24, 2026   Mr. Tuberville  introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To establish rules regarding eligibility of student athletes for intercollegiate athletics, and for other purposes.
1.
Short title
This Act may be cited as the   Student Athlete Act of 2026  .
2.
Definitions
In this Act:
(1)
Athletic department
The term  athletic department  means a department at an institution of higher education that sponsors or conducts 1 or more varsity intercollegiate athletics programs in which student athletes enrolled at the institution of higher education compete in athletic contests against student athletes enrolled at another institution of higher education.
(2)
Conference
The term  conference  means an organization that—
(A)
has as members 2 or more institutions of higher education;
(B)
arranges or conducts season-long intercollegiate athletic events to determine, among its members, a champion in a particular intercollegiate sport; and
(C)
sets rules for varsity intercollegiate sports competition among its members.
(3)
Grant-in-aid
The term  grant-in-aid  means—
(A)
tuition, room, board, books, fees, and personal expenses paid or provided by an institution of higher education up to the full cost of attendance;
(B)
Federal Pell Grants and other State and Federal grants unrelated to, and not awarded with respect to, participation in varsity intercollegiate sports competition;
(C)
health insurance and the costs of health care wholly or partly self-funded by the National Collegiate Athletic Association, a conference, or an institution of higher education;
(D)
disability and loss of value insurance that is wholly or partly self-funded by the National Collegiate Athletic Association, a conference, or an institution of higher education; and
(E)
career counseling or job placement services available to all students at an institution of higher education.
(4)
Institution of higher education
The term  institution of higher education  has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).
(5)
National Collegiate Athletic Association
The term  National Collegiate Athletic Association  means the National Collegiate Athletic Association that functions as an authority for intercollegiate athletics in the United States (or a successor organization).
(6)
Student athlete
The term  student athlete  means an individual who engages or is eligible to engage in intercollegiate athletics.
(7)
Transfer portal
The term  transfer portal  means a process managed by the National Collegiate Athletic Association that facilitates the transfer of student athletes from one institution of higher education to another institution of higher education for the purpose of engaging, or being able to engage in the future, in intercollegiate athletics.
(8)
Varsity intercollegiate athletics program
The term  varsity intercollegiate athletics program  means a sport played at the intercollegiate level, administered by an athletic department, for which eligibility requirements for participation by student athletes are established by the National Collegiate Athletic Association or a conference.
(9)
Varsity intercollegiate sports competition
The term  varsity intercollegiate sports competition  means a competition—
(A)
between or among student athletes; and
(B)
involving 2 or more varsity intercollegiate athletics programs sponsored by different institutions of higher education.
3.
Limitation of student athlete eligibility
Notwithstanding any rules set forth by the National Collegiate Athletic Association, a student athlete shall have 5 consecutive years of eligibility to play intercollegiate athletics, regardless of injury or any other event.
4.
Transfer portal
(a)
Role of National Collegiate Athletic Association
The National Collegiate Athletic Association shall set forth rules relating to the transfer portal, including with respect to the 1 or more periods during which a student athlete may formally notify the institution of higher education in which the student athlete is enrolled of his or her intent to transfer to another institution of higher education.
(b)
Effect of transfer
(1)
In general
Except as provided in paragraph (2), a student athlete enrolled at an institution of higher education who transfers to another institution of higher education shall be ineligible to participate in any athletic competition sponsored by the National Collegiate Athletic Association during the academic year, beginning at the start of the fall semester and ending at the end of an institution of higher education's final summer session, in which the student athlete entered the transfer portal.
(2)
Exception for initial transfer
Paragraph (1) shall not apply to the first transfer of a student athlete from an institution of higher education to another institution of higher education.
(c)
Certain other rules and regulations
This section shall supersede any National Collegiate Athletic Association rule or regulation related to transfer eligibility that is in effect on the date of the enactment of this Act.
(d)
Antitrust exemption
Notwithstanding any provision of the Sherman Act ( 15 U.S.C. 1 et seq. ) to the contrary, the National Collegiate Athletic Association (or any successor organization) may establish rules relating to the transfer portal under this section.
5.
Additional protections for student athletes
(a)
Grant-in-Aid protection
Subject to subsection (b), an institution of higher education shall honor the original grant-in-aid commitment made by the institution of higher education to a student athlete.
(b)
Effect of transfer
In the case of a student athlete who transfers from one institution of higher education to another institution of higher education, subsection (a)—
(1)
shall not apply to the former institution of higher education of the student athlete; and
(2)
shall apply to the new institution of higher education to which the student athlete transfers.
(c)
Rule of construction
Nothing in this section may be construed to prohibit an institution of higher education from revoking the grant-in-aid of a student athlete or former student athlete who does not remain in good standing in accordance with the standards or code of conduct of the institution of higher education.
6.
Relationship to State law
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 the provisions of this Act; or
(2)
limits or restricts the rights of student athletes, the National Collegiate Athletic Association, conferences, or institutions of higher education under this Act.