Protection of women’s sports and Olympic sports

(a) In general An intercollegiate athletic association or conference comprised of Division I institutions, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, shall not reduce the minimum intercollegiate athletic competitions, minimum participants on a varsity sports team, or the number of varsity sports teams, including the number of men’s and women’s varsity sports teams or Olympic varsity sports teams, that an institution must sponsor for membership within— (1) Division I of the National Collegiate Athletic Association, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw; or (2) the Football Bowl Subdivision, as defined by bylaw 20.9.9 of the National Collegiate Athletic Association, or successor bylaw. (b) Large-sized institutions (1) In general Except as provided in paragraph (2), an intercollegiate athletic association or conference comprised of institutions shall provide that each institution shall, consistent with applicable intercollegiate athletic association rules, offer and maintain at least as many total grant-in-aid opportunities and total roster spots for non-revenue generating intercollegiate sports programs, including women’s and Olympic intercollegiate sports programs, during each academic year as the member institution provided during academic year 2024–2025. (2) Waiver (A) In general An institution may be granted a waiver from compliance with paragraph (1) for not more than one academic year at a time by an intercollegiate athletic association if the institution provides evidence that— (i) annual athletics revenues have declined not less than 15 percent based on the average of the preceding three academic years, and total grant-in-aid accounts for not less than 45 percent of the total expenses of the athletic department of the institution; (ii) compliance with paragraph (1) would materially impair the ability of the institution to comply with Federal law; or (iii) there are extraordinary circumstances relating to financial hardship, including from a natural disaster, act of war, or another catastrophe, that are beyond the control of the institution or materially impair the ability of the institution to comply with paragraph (1). (B) Condition As a condition of seeking a waiver under subparagraph (A)(i), an institution shall first reduce the total compensation of the coaching staff of its revenue-generating varsity sports programs by the same proportion as any planned reduction in expenditures for its non-revenue generating intercollegiate sports programs during the waiver period. (3) Definitions In this subsection: (A) Institution The term institution means an institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, that, upon the date of the enactment of this Act, reports, as required under section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)), having generated not less than $80,000,000 in total annual athletics revenue during the preceding academic year. (B) Non-revenue generating intercollegiate sports program the term non-revenue generating intercollegiate sports program means an intercollegiate sports program at an institution for which, during an academic year, the revenues generated specifically attributable to that sports program are less than the direct and allocated operating expenses of that sports program. (4) Sunset This subsection shall terminate on the date that is 9 years after the date of the enactment of this Act. (c) Transitional protection for women’s and Olympic sports at mid-sized institutions (1) In general Except as provided in paragraph (2), an intercollegiate athletic association or conference comprised of covered mid-sized institutions shall provide that each such institution shall, consistent with applicable intercollegiate athletic association rules, offer and maintain at least as many total grant-in-aid opportunities and total roster spots for non-revenue generating intercollegiate sports programs, including women's and Olympic intercollegiate sports programs, during each academic year as the institution provided during academic year 2024–2025. (2) Exemptions An institution shall be exempt from the requirement under paragraph (1) for an academic year if— (A) the total annual athletics revenue of the institution, as reported under section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)), declined by not less than 15 percent from the immediately preceding academic year; (B) the institution petitions the relevant intercollegiate athletic association for, and is granted, an exemption based on a demonstrable financial hardship; (C) compliance with that paragraph would materially impair the ability of the institution to comply with Federal law; or (D) there are extraordinary circumstances relating to financial hardship, including from a natural disaster, act of war, or other circumstance that is beyond the control of the institution or materially impair the ability of the institution to comply with that paragraph. (3) Covered mid-sized institution defined In this subsection, the term covered mid-sized institution means an institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, that, upon the date of the enactment of this Act, reports, as required under section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)), having generated not less than $50,000,000 but less than $80,000,000 in total annual athletics revenue during the preceding academic year. (4) Sunset This subsection shall terminate on the date that is 4 years after the date of the enactment of this Act. (d) Clarification of flexibility Nothing in this section may be construed to prevent an institution or a covered mid-sized institution from modifying or substituting which varsity sports it sponsors, or the number of roster spots and grant-in-aid opportunities on each varsity sport, so long as the institution— (1) complies with bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, or bylaw 20.9.9 of the National Collegiate Athletic Association, or a successor bylaw; and (2) as applicable under subsections (b) and (c), offers and maintains at least as many total grant-in-aid opportunities and total roster spots for non-revenue generating intercollegiate sports programs during each academic year as the institution provided during academic year 2024–2025. (e) Clarification of walk-on athlete eligibility for para athletes (1) In general Notwithstanding any provision of this Act— (A) an institution and the athletic director of an institution shall retain full authority to include para athletes on their roster spots for intercollegiate sports as walk-on athletes; (B) subparagraph (A) does not constitute a violation of roster or scholarship limits for intercollegiate sports covered under this Act or under In Re College Athlete NIL Litigation, No. 20–cv–03919 (N.D. Cal. June 6, 2025); and (C) para athletes included as walk-on athletes shall not be counted toward any roster cap or scholarship count established for that intercollegiate sport. (2) Definitions In this subsection: (A) Para athlete The term para athlete means a nationally or internationally classified athlete eligible to compete in the Paralympic Games pursuant to qualifications determined by the United States Olympic and Paralympic Committee under chapter 2205 of title 36, United States Code. (B) Walk-on athlete The term walk-on athlete means an enrolled student athlete who participates on a sport roster without receiving athletics-based scholarship aid.