Student Athlete Act of 2026

[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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