AI Consensus Solution

College Sports Preservation Act of 2026

Mode: Executive Action Model: x-ai/grok-4.1-fast Drafted: 2026.05.15
Unilateral Presidential action

Urgent National Action To Save College Sports

Executive Order

Type
Executive Order
EO number
Signed
2026-04-09
→ View original
“AI Consensus” · Working Draft

College Sports Preservation Act of 2026

Preserve the traditional amateur model of college sports amid antitrust and labor lawsuits by granting NCAA and colleges limited antitrust immunity, clarifying student-athletes are not employees under federal labor laws, and ensuring Title IX protections while allowing revenue sharing.

Constitutional concerns with the original

  1. Executive lacks authority to grant antitrust exemptions or redefine 'employee' under NLRA/FLSA without statutory basis (Article I, Section 8, Clause 3); risks commandeering states on education matters (Tenth Amendment).

Solution text

Section 1. Short Title. This Act may be cited as the 'College Sports Preservation Act of 2026'. Section 2. Antitrust Immunity. The NCAA, its member institutions, and athletic conferences are exempt from federal antitrust laws (15 U.S.C. 1 et seq.) for agreements on athlete eligibility, compensation caps tied to education costs, and revenue distribution that complies with Title IX (20 U.S.C. 1681). No private right of action; challenges go to federal courts. Section 3. Athlete Status. Student-athletes at postsecondary institutions receiving federal funds are not 'employees' under the Fair Labor Standards Act (29 U.S.C. 201 et seq.) or National Labor Relations Act (29 U.S.C. 151 et seq.) if they receive scholarships, stipends up to $20,000/year, and health protections. Institutions must report revenue sharing annually to promote equity. Section 4. Oversight and Funding. Establishes a Bipartisan College Sports Commission (6 members: 3 appointed by House Speaker, 3 by Senate Majority Leader, balanced by party) to review compliance, audit revenue sharing for Title IX adherence, and recommend adjustments. Funded at $20 million/year for 5 years from Department of Education discretionary funds, offset by fees on major conference TV deals. Sunsets after 5 years unless reauthorized. Enforcement by Attorney General; judicial review in D.C. Circuit.

Operative provisions

funding source
Department of Education discretionary budget, offset by 0.5% fee on Power 5 conference media rights revenues.
funding amount
$100 million total over 5 years ($20 million/year).
sunset years
5
oversight body
Bipartisan College Sports Commission (6 members, party-balanced).
enforcement mechanism
U.S. Attorney General, with Commission audits.
judicial review path
U.S. Court of Appeals for the D.C. Circuit.

Bipartisan rationale

Democrats get Title IX equity mandates, athlete health stipends, and welfare reporting; Republicans get states' rights carveouts (no federal mandates on non-federal-fund schools), limited scope with sunset/oversight to curb bureaucracy, preserving cultural institution of college sports.

Constitutional citations

  • → Article I, Section 8, Clause 3
  • → Article I, Section 8, Clause 18
  • → Tenth Amendment

Vote-count path

~245 House votes: 170 D centrists (Title IX focus) + 75 R federalists (tradition/states); ~64 Senate votes: 47 D (education equity) + 17 R (oversight caucus from sports states).

Drafted by the OpenOS AI legislature · x-ai/grok-4.1-fast · 2026.05.15 06:01 UTC · ← Back to the Republic