Documents › Executive orders › 14400
Executive Order 14400
Urgent National Action To Save College Sports
Signed April 3, 2026, printed at 91 FR 18267. 5 sections of substance, 2,231 words.
This order is about college sports. It targets pay deals for athletes that break the rules. It calls those deals improper.
Sec. 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
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
This states the case the order makes. It says college sports have long funded scholarships. It says they shape future leaders. It recalls a July order on the same subject. That order aimed to shield college sports from lawsuits. It says more action is needed now. It says football pays for the other sports. Women's and Olympic sports are named.
Sec. 2. Effective Date
Every order carries this. It is not what the order does.
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.
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.
This says when parts of the order start. Sections 3 through 6 begin on August 1, 2026. Agencies must get ready before then.
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
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
This defines terms. Improper money acts covers what a school may not do. Running a fake name and likeness deal is one. Taking money from someone who runs one is two. Using federal funds for such pay is three. Paying a coach with those funds counts. So does breaking up an athlete's deal with another school.
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; (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
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; (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
This ties federal money to the rules. Agencies fund and hire schools. They must weigh breaches of the sport body rules. Those rules are the ones in force August 1, 2026. Limits on who may play are covered. So are transfers between schools. So is sharing revenue with athletes. The budget office must issue guidance.
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.
(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.
This targets state laws. Justice must back suits to strike them down. The target is laws that clash with sport body rules. One ground is that they burden trade across state lines. The Constitution bars that. Another is that they break up contracts. A clause of the Constitution bars that too. Other federal grounds may serve.
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.
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.
This invites outside views. White House offices are encouraged to seek them. So are departments and agencies. Leaders in college sport may be asked. So may those who run the schools. Other experts count too. The subject is how to carry out this order. The law still sets the limits.
Sec. 7. Severability
Every order carries this. It is not what the order does.
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.
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.
This is the standard severability clause. If a court strikes down part of the order, the rest still stands.
Sec. 8. General Provisions
Every order carries this. It is not what the order does.
(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 [[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. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, April 3,
(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 [[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. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, April 3,
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
How this order is quoted
Each section is quoted as the order prints it, under its own number and heading. Executive orders are United States government works and are not under copyright. Long sections are cut at a sentence and the whole order is a click away.