S. 4177 — Student Athlete Act of 2026

This section defines nine terms for purposes of the Act: (1) athletic department, as a department at an institution of higher education sponsoring varsity intercollegiate athletics programs; (2) conference, as an organization of two or more institutions arranging intercollegiate athletic events and setting competition rules; (3) grant-in-aid, including tuition, room, board, certain grants, self-funded health/disability insurance, and career services up to full cost of attendance; (4) institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (5) National Collegiate Athletic Association; (6) student athlete; (7) transfer portal; (8) varsity intercollegiate athletics program; and (9) varsity intercollegiate sports competition.

This section establishes five consecutive years of eligibility for student athletes to play intercollegiate athletics, notwithstanding any National Collegiate Athletic Association rules and regardless of injury or any other event. (Thus, it overrides the NCAA's standard five-year eligibility clock spread over 10 calendar years.)

This section requires the National Collegiate Athletic Association (NCAA) to establish rules for the transfer portal, including one or more periods for student-athletes to notify their institution of intent to transfer to another institution of higher education. The section renders a transferring student-athlete ineligible to compete in NCAA-sponsored athletic competitions during the academic year—beginning with the fall semester and ending with the institution's final summer session—in which the athlete enters the portal, except for the athlete's first transfer; supersedes any existing NCAA transfer eligibility rules; and exempts such NCAA rules from the antitrust laws (i.e., the Sherman Act).

This section requires an institution of higher education to honor its original grant-in-aid commitment to a student athlete, except that upon transfer to another institution, the commitment applies only to the new institution and not the former one. It specifies that nothing in the section prohibits an institution from revoking such aid if the student athlete fails to remain in good standing under the institution's standards or code of conduct.

This section preempts any state or local law, regulation, rule, requirement, or standard that conflicts with this Act or limits or restricts the rights of student athletes, the National Collegiate Athletic Association, conferences, or institutions of higher education under this Act.