Text of Senate Amendment 6776

On 2026-09-17, Senator John Thune (R-SD) delivered a floor speech titled "Text Of Senate Amendment 6776" in the Senate.

Text of Senate Amendment 6776

Congressional Record, Volume 172 Issue 147 (Thursday, September 17, 2026) [Congressional Record Volume 172, Number 147 (Thursday, September 17, 2026)] [Senate] [Pages S4804-S4813] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] 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: 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. TITLE II--SPORTS BROADCASTING 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 III--HBCU SPORTS MEDIA AND CONNECTIVITY PROGRAM 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-- [[Page S4806]] (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. 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)