By the power vested in me as President under the Constitution and laws of the United States, I hereby declare:
Section 1. Purpose and Policy. The American college sports system has historically offered scholarships and transformative educational, athletic, and leadership experiences to countless future leaders, becoming a vital part of our national identity. In July, I issued an Executive Order aimed at safeguarding college sports from ongoing lawsuits and financial challenges that could endanger women’s and Olympic sports. Yet, it has become evident that further executive measures are necessary to prevent the collapse of college sports.
College football serves as the main revenue source for university athletic departments, supporting women’s and Olympic sports, and is a tool for universities to attract students, donations, and positive public relations, as millions of Americans come together to watch games every Saturday. This dynamic exerts significant pressure on universities to excel in football, and to a lesser extent, basketball. Amid this pressure, judicial rulings have considerably relaxed the rules on pay-for-play, eligibility, and other aspects of college athletics. Some state legislatures have nullified additional rules, creating an advantage for their universities by reducing recruitment barriers, resulting in a chaotic situation that undermines competition, decreases student-athlete opportunities, and threatens the support for current athletics, especially for women’s and Olympic sports. Fair competition is impossible without consistent rules on pay-for-play or player eligibility that are not subject to endless litigation.
The combination of intense pressure to win in football and basketball, along with the easing of consistent rules through litigation and state legislation, has led to a financial arms race in these sports. This race is pushing universities into debt, diverting resources from other sports, and harming the educational and graduation prospects of student-athletes. The financial threats to these universities are significant: one major athletic program ended fiscal year 2025 with $535 million in athletics-related debt, and another with $437 million, while others face large annual deficits. These financial challenges could divert funds from educational and research purposes, potentially affecting the universities’ roles as federal contractors and grantees.
Without a comprehensive national solution, the increasing financial demands in football and basketball, combined with loosened rules on eligibility, transfers, and pay-for-play schemes, may lead to the reduction of women’s and Olympic sports and jeopardize the financial health of universities with essential federal relationships. Universities are vital defense research contractors for the Department of War, medical research contractors for the Department of Health and Human Services, and scientific research contractors for the National Science Foundation. The well-being of the university system is crucial to the Federal Government’s functioning.
Additionally, without a national strategy to secure the future of all college sports, major college football programs might be compelled to seek stability through negotiated solutions that could withdraw financial and other resources from women’s and Olympic sports.
Congress is urged to swiftly enact legislation addressing these issues. Delay is not viable given the stakes — 500,000 annual educational, athletic, and leadership opportunities and nearly $4 billion in scholarships. This executive action aims to safeguard college sports for future generations.
Sec. 2. Effective Date. Sections 3 through 6 will take effect on August 1, 2026. Agencies must begin immediately to prepare the necessary regulatory or policy measures to ensure implementation soon after this date.
Sec. 3. Definitions. For this order:
(a) “Improper financial activities” include actions by a federally-funded higher education institution, including its officers, agents, affiliates, or representatives, such as:
(i) Intentionally creating or participating in a fraudulent name, image, and likeness (NIL) scheme;
(ii) Knowingly accepting contributions from those involved in a fraudulent NIL scheme;
(iii) Using federal funds for NIL or revenue-sharing payments or any form of compensation to athletic team personnel; and
(iv) Interfering with a contract between a student-athlete and another federally-funded higher education institution, including scholarship agreements;
(b) “Fraudulent NIL scheme” refers to paying above fair market value for goods or services, including NIL services, related to a student-athlete’s participation in intercollegiate athletics, using collectives or similar entities. This does not include:
(i) Revenue sharing between an institution and a student-athlete consistent with interstate intercollegiate athletic governing body rules; or
(ii) Fair market value compensation for a student-athlete’s NIL rights by a third party not affiliated with an institution’s athletic department, for a valid business purpose related to promoting goods or services to the public, not tied to a specific institution’s athletics program;
(c) “Higher education institution” is defined as in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), including only institutions reporting at least $20,000,000 in revenue from intercollegiate athletics in the previous academic year, adjusted annually by the Consumer Price Index for All Urban Consumers;
(d) “Interstate intercollegiate athletic governing body” refers to the entity setting common rules, standards, procedures, or guidelines for varsity sports teams and competitions, excluding intercollegiate athletic conferences, though it may include conference-affiliated persons.
Sec. 4. Protecting Women’s and Olympic Sports and Preserving Higher Education Financial Responsibility. (a)(i) Agency heads contracting with or granting to higher education institutions should evaluate violations of applicable interstate intercollegiate athletic governing body rules as of August 1, 2026, on:
(A) Eligibility limits;
(B) Transfers between institutions;
(C) Revenue-sharing permitted between institutions and student-athletes; and
(D) Permissible and improper financial activities.
(ii) The Director of the Office of Management and Budget and the Administrator of General Services will issue guidance to ensure compliance with this order and reinforce suspension and debarment policies for rule violations.
(b) The interstate intercollegiate athletic governing body for higher education should, in consultation with student-athletes and at its discretion, update or clarify rules by August 1, 2026, to protect scholarship and competition opportunities in women’s and Olympic sports and ensure financial stability, including by:
(i) Setting age-based eligibility limits to promote fairness and opportunities, allowing up to five years of participation, with exceptions for military or other public interest absences, and prohibiting professional athletes from returning to college sports;
(ii) Implementing transfer rules that allow one transfer with immediate eligibility during the five-year period, and one more upon obtaining a four-year degree, prioritizing academic success and avoiding interference with athletic seasons or the academic year;
(iii) Providing medical care for student-athletes for injuries related to intercollegiate athletics during enrollment and for a reasonable period afterward;
(iv) Implementing revenue-sharing in a way that preserves or expands scholarships and opportunities in women’s and Olympic sports, preventing revenue-sharing from reducing these opportunities;
(v) Prohibiting the use of federal funds for NIL or revenue-sharing payments or athletic compensation, in accordance with federal laws and contract terms;
(vi) Prohibiting improper financial activities regarding student-athletes, including collectives or entities facilitating third-party pay-for-play payments; and
(vii) Establishing a national student-athlete agent registry with protections against excessive agent commissions.
(c) To aid compliance with subsection 4(a), the Administrator of General Services will propose regular information collection to evaluate compliance with the rules covered by subsection (a)(i)(A)-(D) by appropriate higher education officials.
(d) The Secretary of Education should consider actions, including rulemaking, to require regular reporting by higher education institutions on:
(i) The total number of roster spots by varsity team at the first scheduled contest; and
(ii) The total expenditure on athletic-related student aid or payments, separately for men’s and women’s teams.
(e) The Chairman of the Federal Trade Commission will enforce 15 U.S.C. 45 and 15 U.S.C. 7801–7807 regarding violations by student-athlete agents and related entities.
Sec. 5. Legal Actions to Invalidate Certain State Laws. (a) The Attorney General will take measures to support actions invalidating State laws conflicting with interstate intercollegiate athletic governing body rules, that:
(i) Discriminate against out-of-state commerce or unduly burden interstate commerce, violating Article I, Section 8, Clause 3 of the U.S. Constitution;
(ii) Impair contractual relationships, violating Article I, Section 10, Clause 1; or
(iii) Are otherwise invalid under federal law.
Sec. 6. Consultation. Relevant White House components and executive departments are encouraged to consider input from leaders in collegiate athletics and administration, and other experts, for effective implementation of this order.
Sec. 7. Severability. If any part of this order is held invalid, the remaining provisions and their applications shall remain unaffected.
Sec. 8. General Provisions. (a) Nothing in this order shall impair or affect:
(i) The authority granted by law to an executive department or agency, or its head; or
(ii) The functions of the Director of the Office of Management and Budget regarding budgetary, administrative, or legislative proposals.
(b) This order will be implemented consistent with applicable law and subject to available appropriations.
(c) This order does not create any right or benefit enforceable by any party against the United States, its departments, agencies, entities, officers, employees, or agents.
(d) The publication costs for this order will be covered by the Department of Education.
DONALD J. TRUMP
THE WHITE HOUSE,
April 3, 2026.
