[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4177 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4177

   To establish rules regarding eligibility of student athletes for 
           intercollegiate athletics, and for other purposes.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Athlete Act of 2026''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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