This thing is all about propping up non revenue sports and women’s sports.
if you look at (iii) part D they gloss over the options for enforcement. It all comes down to federal imo
Sec. 2. Protecting and Expanding Women’s and Non-Revenue Sports and Prohibiting Third-Party Pay-for-Play Payments. (a) It is the policy of the executive branch that opportunities for scholarships and collegiate athletic competition in women’s and non-revenue sports must be preserved and, where possible, expanded, including specifically as follows with respect to the 2025-2026 athletic season and future athletic seasons:
(i) collegiate athletic departments with greater than $125,000,000 in revenue during the 2024-2025 athletic season should provide more scholarship opportunities in non-revenue sports than during the 2024-2025 athletic season and should provide the maximum number of roster spots for non-revenue sports permitted under the applicable collegiate athletic rules;
(ii) college athletic departments with greater than $50,000,000 in revenue during the 2024-2025 athletic season should provide at least as many scholarship opportunities in non-revenue sports as provided during the 2024-2025 athletic season and should provide the maximum number of roster spots for non-revenue sports permitted under the applicable collegiate athletic rules; and
(iii) college athletic departments with $50,000,000 or less in revenue during the 2024-2025 athletic season or that do not have any revenue-generating sports should not disproportionately reduce scholarship opportunities or roster spots for sports based on the revenue that the sport generates.
(b) It is the policy of the executive branch that any revenue-sharing permitted between universities and collegiate athletes should be designed and implemented in a manner that preserves or expands scholarships and collegiate athletic opportunities in women’s and non-revenue sports.
(c) To preserve the critical educational and developmental benefits of collegiate athletics for our Nation, it is the policy of the executive branch that third-party, pay-for-play payments to collegiate athletes are improper and should not be permitted by universities. This policy does not apply to compensation provided to an athlete for the fair market value that the athlete provides to a third party, such as for a brand endorsement.
(d) Within 30 days of the date of this order, the Secretary of Education, in consultation with the Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and the Chairman of the Federal Trade Commission, shall develop a plan to advance the policies set forth in subsections (a)-(c) of this section through all available and appropriate regulatory, enforcement, and litigation mechanisms, including Federal funding decisions, enforcement of Title IX of the Education Amendments Act of 1972, prohibiting unconstitutional actions by States to regulate interstate commerce, and enforcement of other constitutional and statutory protections, and by working with the Congress and State governments, as appropriate.