Urgent National Action To Save College Sports

[Federal Register Volume 91, Number 68 (Thursday, April 9, 2026)]

[Presidential Documents]

[Pages 18267-18271]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2026-06961]

Presidential Documents

Federal Register / Vol. 91 , No. 68 / Thursday, April 9, 2026 /

Presidential Documents

[[Page 18267]]

Executive Order 14400 of April 3, 2026

Urgent National Action To Save College Sports

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered:

Section 1. Purpose and Policy. America's system of

college sports has long provided scholarships and life-

changing educational, athletic, and leadership

opportunities to millions of America's future leaders

and formed an important part of our national fabric. In

July, I signed an Executive Order to protect college

sports from endless lawsuits and destabilizing

financial obligations that could jeopardize women's and

Olympic sports, but it has become clear that more

comprehensive executive action is required before

college sports are lost forever.

College football is the primary revenue generator for

university athletic departments, including revenue to

support women's and Olympic sports, and is used by many

universities to attract students, donations, and

goodwill as millions of Americans gather with families

and friends to watch each Saturday. These factors place

enormous pressure on many universities to be

competitive in football. The same dynamic exists for

basketball to a lesser degree

abric. In

July, I signed an Executive Order to protect college

sports from endless lawsuits and destabilizing

financial obligations that could jeopardize women's and

Olympic sports, but it has become clear that more

comprehensive executive action is required before

college sports are lost forever.

College football is the primary revenue generator for

university athletic departments, including revenue to

support women's and Olympic sports, and is used by many

universities to attract students, donations, and

goodwill as millions of Americans gather with families

and friends to watch each Saturday. These factors place

enormous pressure on many universities to be

competitive in football. The same dynamic exists for

basketball to a lesser degree. Amid this pressure, the

rules governing pay-for-play, eligibility, and other

aspects of college athletics have been substantially

loosened through a number of judicial rulings.

Additional rules that could institute order and

consistency in these systems have been nullified by

some State legislatures that are incentivized to

advantage their own State's universities in the

competitive market for student-athletes by minimizing

barriers to recruitment. This chaotic state of affairs

has undermined competition, reduced opportunities for

student-athletes, and jeopardized support for the

current range of college athletics, particularly

women's and Olympic sports

es in the

competitive market for student-athletes by minimizing

barriers to recruitment. This chaotic state of affairs

has undermined competition, reduced opportunities for

student-athletes, and jeopardized support for the

current range of college athletics, particularly

women's and Olympic sports. Fair competition cannot

occur without a consistent set of rules concerning pay-

for-play or player eligibility that cannot be endlessly

relitigated in court.

The convergence of enormous pressure to win in football

and basketball and the loosening, both by litigation

and by State legislation, of consistent rules or limits

concerning eligibility, transfers, and pay-for-play

schemes has created an out-of-control financial arms

race in these sports that is driving universities into

debt, threatening to siphon resources from other

sports, and damaging student-athletes' educational and

graduation opportunities. The athletics-related

financial threats these crucial universities face are

substantial: Already, one major athletic program closed

fiscal year 2025 with $535 million in athletics-related

debt, and another has $437 million in such debt, while

others face enormous annual athletics-related deficits.

These financial perils will inevitably siphon funds

from universities' educational and research purposes,

which could impact their capabilities and

responsibilities as Federal contractors and grantees.

debt, and another has $437 million in such debt, while

others face enormous annual athletics-related deficits.

These financial perils will inevitably siphon funds

from universities' educational and research purposes,

which could impact their capabilities and

responsibilities as Federal contractors and grantees.

Absent a comprehensive national solution, therefore,

the escalating financial demands to succeed in football

and basketball combined with the significantly loosened

rules governing eligibility, transfers, and pay-for-

play schemes may force curtailment of women's and

Olympics sports, and may even jeopardize the overall

financial well-being of universities with which the

Federal Government has important financial

relationships. Universities are important defense

research contractors for the Department of War,

important medical research contractors for the

Department of Health and Human Services, and important

scientific research contractors for the National

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Science Foundation. The health of the university system

is integral to the Federal Government's basic

functioning.

Further, without a national solution to protect the

future of competition and opportunity in all college

sports, it is possible that the largest college

football programs will be forced to seek stability

through a negotiated solution that may result in the

withdrawal of financial and other resources from

women's and Olympic sports.

n to protect the

future of competition and opportunity in all college

sports, it is possible that the largest college

football programs will be forced to seek stability

through a negotiated solution that may result in the

withdrawal of financial and other resources from

women's and Olympic sports.

The Congress is strongly encouraged to expeditiously

pass legislation that satisfactorily addresses these

issues. But further delay is not an option given what

is at stake--the 500,000 annual educational, athletic,

and leadership-development opportunities that provide

almost $4 billion in scholarships. This executive

action will preserve college sports for future

generations.

Sec. 2. Effective Date. Sections 3 through 6 of this

order shall be effective on August 1, 2026. Agencies

shall immediately begin work to ensure that appropriate

regulatory or policymaking measures will be in place by

the effective date so that the requirements of the

operative sections can be implemented as soon after the

effective date as possible.

Sec. 3. Definitions. For the purposes of this order:

(a) ``Improper financial activities'' means the

following actions taken by a federally-funded higher

education institution, including its officers, agents,

affiliates, or representatives:

emented as soon after the

effective date as possible.

Sec. 3. Definitions. For the purposes of this order:

(a) ``Improper financial activities'' means the

following actions taken by a federally-funded higher

education institution, including its officers, agents,

affiliates, or representatives:

(i) intentionally devising or participating in a fraudulent name, image,

and likeness (NIL) scheme;

(ii) knowingly accepting contributions, financial or otherwise, from

persons who intentionally devise or participate in a fraudulent NIL scheme;

(iii) using Federal funds for NIL or revenue-sharing payments or for any

type of payment or benefit to a coach, assistant coach, general manager,

recruiter, or other person engaged in coaching or managing an athletic

team; and

(iv) tortiously interfering with a contract between a student-athlete and

another federally-funded higher education institution, including a

scholarship agreement;

(b) ``Fraudulent NIL scheme'' means a scheme to pay

for goods or services, including NIL services, above

the actual fair market value of those goods or services

in connection with a student-athlete's participation in

intercollegiate athletics, including through the use of

collectives or similar entities. The term does not

include:

s a scheme to pay

for goods or services, including NIL services, above

the actual fair market value of those goods or services

in connection with a student-athlete's participation in

intercollegiate athletics, including through the use of

collectives or similar entities. The term does not

include:

(i) revenue sharing between a higher education institution and a student-

athlete that is consistent with interstate intercollegiate athletic

governing body rules; or

(ii) fair market value compensation provided for the NIL rights of a

student-athlete by a third-party not affiliated with the athletic

department of a higher education institution for a valid business purpose

that is related to the promotion or endorsement of goods or services

provided to the general public for profit and that is not tied to

participation in the athletics program of a particular higher education

institution, at rates and terms commensurate with compensation paid to

individuals with NIL rights of comparable value who are not student-

athletes at the applicable higher education institution;

(c) ``Higher education institution'' has the

meaning given the term ``institution of higher

education'' in section 101 of the Higher Education Act

of 1965 (20 U.S.C. 1001), provided that this term only

includes an institution that 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

$20,000,000 in total revenue (as adjusted on July 1

each year by the percentage increase, if any, during

the preceding 12-month period, in the Consumer Price

Index for All Urban Consumers published by the U.S.

Bureau of Labor Statistics)

[[Page 18269]]

U.S.C. 1092(g))) having generated not less than

$20,000,000 in total revenue (as adjusted on July 1

each year by the percentage increase, if any, during

the preceding 12-month period, in the Consumer Price

Index for All Urban Consumers published by the U.S.

Bureau of Labor Statistics)

[[Page 18269]]

derived by the institution from the institution's

intercollegiate athletics activities during the

preceding academic year, as determined in accordance

with paragraph (1)(I) of section 485(g) of the Higher

Education Act of 1965 (20 U.S.C. 1092(g)); and

(d) ``Interstate intercollegiate athletic governing

body'' means the entity that sets common rules,

standards, procedures, or guidelines for the

administration and regulation of varsity sports teams

and intercollegiate athletic competitions, but that is

not an intercollegiate athletic conference, provided

that the governing body may include persons affiliated

with an intercollegiate athletic conference.

Sec. 4. Protecting Women's and Olympic Sports and

Preserving Higher Education Financial Responsibility.

(a)(i) Agency heads that contract with or provide

grants to higher education institutions, shall, as

appropriate, evaluate violations of the applicable,

lawful, and operative interstate intercollegiate

athletic governing body rules in effect as of August 1,

2026, concerning the following, to determine whether

they are a cause so serious or compelling in nature to

affect the present responsibility of the recipient:

(A) eligibility limits;

(B) transfers between institutions;

lawful, and operative interstate intercollegiate

athletic governing body rules in effect as of August 1,

2026, concerning the following, to determine whether

they are a cause so serious or compelling in nature to

affect the present responsibility of the recipient:

(A) eligibility limits;

(B) transfers between institutions;

(C) revenue-sharing permitted between higher education institutions and

student-athletes; and

(D) permissible and improper financial activities.

(ii) The Director of the Office of Management and Budget, in consultation

with the Administrator of General Services, shall issue guidance to

contracting and grantmaking agencies to ensure compliance with this order

and to reinforce the suspension and debarment policy regarding violations

of the rules described in subsection 4(a)(i) of this section.

(b) The interstate intercollegiate athletic

governing body for higher education institutions

should, in consultation with student-athletes and in

its discretion, update or clarify its rules before

August 1, 2026, as appropriate, to adequately protect

opportunities for scholarships and collegiate athletic

competition in women's and Olympic sports and ensure

the financial stability of higher education

institutions, including by establishing the following,

to the extent permitted by law and applicable court

orders:

ropriate, to adequately protect

opportunities for scholarships and collegiate athletic

competition in women's and Olympic sports and ensure

the financial stability of higher education

institutions, including by establishing the following,

to the extent permitted by law and applicable court

orders:

(i) age-based eligibility limits to promote fairness, consistency, safety,

and opportunities for student-athletes under which:

(A) participation in college athletics is permitted for no more than a

five-year period, with limited exceptions for military service, missionary

service, and other periods of absence from participation that are in the

public interest; and

(B) professional athletes cannot return to college athletics;

(ii) transfer-related rules that:

(A) provide for the ability to transfer one time during the five-year

period with immediate playing eligibility, and one additional such time if

the student-athlete obtains a four-year degree;

(B) prioritize the academic development, success, graduation, and long-

term well-being of student-athletes; and

(C) ensure that the transfer window does not incentivize interference

with athletic seasons or the academic year, or otherwise undermine the

integrity of participation and competition in college athletics;

(iii) medical care for student-athletes for intercollegiate-athletics-

related injuries during their period of enrollment and for a reasonable

period of time thereafter;

(iv) the implementation of revenue-sharing between higher education

institutions and student-athletes in a manner that preserves or expands

scholarships and collegiate athletic opportunities in women's and Olympic

sports,

[[Page 18270]]

including through provisions to prevent revenue-sharing from being

allocated in a manner that results in a reduction in scholarships and

opportunities in women's and Olympic sports;

f revenue-sharing between higher education

institutions and student-athletes in a manner that preserves or expands

scholarships and collegiate athletic opportunities in women's and Olympic

sports,

[[Page 18270]]

including through provisions to prevent revenue-sharing from being

allocated in a manner that results in a reduction in scholarships and

opportunities in women's and Olympic sports;

(v) a prohibition on the use of Federal funds by higher education

institutions for NIL or revenue-sharing payments or coaching or athletic

compensation, in accordance with any applicable Federal law and Federal

contract terms;

(vi) a prohibition on improper financial activities regarding student-

athletes, including collectives or other entities or methods used to

facilitate third-party, pay-for-play payments; and

(vii) a national student-athlete agent registry and reasonable protections

for student-athletes from excessive agent commissions.

(c) To aid contracting and grantmaking agencies'

compliance with subsection 4(a) of this section, the

Administrator of General Services shall propose,

consistent with law, an appropriate, regular collection

of information to evaluate compliance with the rules

covered by subsection (a)(i)(A)-(D) of this section for

completion by appropriate higher education institution

officials.

(d) The Secretary of Education shall consider

taking appropriate action, including through rulemaking

where necessary, to require regular reporting by higher

education institutions that includes:

(i) the total number of roster spots by varsity team, as of the day of the

first scheduled contest for the team; and

(ii) the total amount of money spent on athletically related student aid or

other payments, separately for men's and women's teams overall.

rulemaking

where necessary, to require regular reporting by higher

education institutions that includes:

(i) the total number of roster spots by varsity team, as of the day of the

first scheduled contest for the team; and

(ii) the total amount of money spent on athletically related student aid or

other payments, separately for men's and women's teams overall.

(e) The Chairman of the Federal Trade Commission

shall take appropriate action to enforce 15 U.S.C. 45

and 15 U.S.C. 7801-7807 with respect to violations by

student-athlete agents and related individuals or

entities.

Sec. 5. Legal Actions to Invalidate Certain State Laws.

(a) The Attorney General shall take appropriate

measures to further meritorious actions to invalidate

State laws that conflict with interstate

intercollegiate athletic governing body rules and:

(i) discriminate against out-of-state commerce or unduly burden or impede

interstate commerce in violation of Article I, Section 8, Clause 3 of the

Constitution of the United States;

(ii) impair a contractual relationship in violation of Article I, Section

10, Clause 1 of the Constitution of the United States; or

(iii) are otherwise invalid under Federal law.

Sec. 6. Consultation. Relevant White House components

and executive departments and agencies are encouraged

to, as appropriate and consistent with applicable law,

consider input from appropriate leaders in collegiate

athletics and administration and other experts

regarding effective implementation of this order.

Sec. 6. Consultation. Relevant White House components

and executive departments and agencies are encouraged

to, as appropriate and consistent with applicable law,

consider input from appropriate leaders in collegiate

athletics and administration and other experts

regarding effective implementation of this order.

Sec. 7. Severability. If any provision of this order,

or the application of any provision to any person or

circumstance, is held to be invalid, the remainder of

this order and the application of its provisions to any

other persons or circumstances shall not be affected

thereby.

Sec. 8. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party

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against the United States, its departments, agencies,

or entities, its officers, employees, or agents, or any

other person.

ions.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party

[[Page 18271]]

against the United States, its departments, agencies,

or entities, its officers, employees, or agents, or any

other person.

(d) The costs for publication of this order shall

be borne by the Department of Education.

(Presidential Sig.)

THE WHITE HOUSE,

April 3, 2026.

[FR Doc. 2026-06961

Filed 4-8-26; 11:15 am]

Billing code 4000-01-P