H.R. 4312 — SCORE Act
Executive Summary
The adoption of Name, Image, and Likeness (NIL) rights has fundamentally altered college sports, creating a chaotic patchwork of state laws and legal uncertainties following the House v. NCAA settlement. The SCORE Act establishes a uniform federal framework to govern NIL rights, requiring transparency in agreements and mandating that institutions provide long-term medical and academic support to athletes. Crucially, the bill preempts state laws, grants the NCAA a limited antitrust exemption to enforce rules, and explicitly prohibits classifying student-athletes as employees, aiming to stabilize intercollegiate athletics while preventing unionization.
Arguments For
- Argument 1: Stabilizes the college sports business model by replacing a chaotic patchwork of state NIL laws with a uniform federal standard, providing certainty for institutions and conferences.
- Argument 2: Protects the amateurism model and institutional budgets by explicitly preventing student-athletes from being classified as employees, thereby avoiding collective bargaining and associated labor costs.
- Argument 3: Enhances athlete welfare by mandating guaranteed scholarships, degree completion assistance, and extended medical coverage for sports-related injuries without making them employees.
Likely Supporters
Arguments Against
- Argument 1: Acts as a legislative bailout for the NCAA and wealthy conferences, granting them an antitrust exemption and unchecked authority to cap compensation and restrict transfers.
- Argument 2: Strips college athletes of fundamental labor rights, permanently barring them from unionizing, collective bargaining, or accessing workers' compensation and disability benefits.
- Argument 3: Preempts progressive state laws that have historically driven the expansion of athlete rights, centralizing power back into the hands of the institutions that previously restricted NIL.
Likely Opponents
📋 Key Provisions
- Establishes a federal framework protecting student-athletes' rights to enter into Name, Image, and Likeness (NIL) agreements, while voiding agreements over $600 that lack specific written terms.
- Mandates that institutions provide comprehensive academic support, career counseling, and medical care for athletic injuries for at least 3 years post-graduation.
- Requires institutions to maintain grant-in-aid for athletes regardless of athletic performance or injury, and provide degree completion assistance for former athletes.
- Grants interstate intercollegiate athletic associations (e.g., the NCAA) the authority to establish rules governing NIL, transfers, and recruiting, and provides a liability limitation (antitrust exemption) for enforcing these rules.
- Explicitly declares that student-athletes are not employees of an institution, conference, or athletic association, preempting any state or federal law to the contrary.
- Preempts state laws that govern the compensation, employment status, or transfer rules of student-athletes, and restricts high-revenue institutions (over $50M in media rights) from using student fees to support athletic programs.
- Creates a 10-member bipartisan congressional 'Commission on the State of U.S. Intercollegiate Athletics' to study governance, revenue distribution, and the impact of litigation on college sports.
Supporting Views on Legislation
The adoption of Name, Image, and Likeness (NIL) rights has fundamentally altered college sports, enabling student-athletes to profit from their personal brands. However, the current system lacks transparency and consistent regulation, leading to a patchwork of state laws and legal uncertainties, especially following the House v. NCAA settlement. This bill establishes a federal framework to govern NIL rights, protect student-athletes, and clarify that they are not employees, thereby providing stability to intercollegiate athletics.
⚖️ Dissenting views on legislation
Committee on Energy and Commerce: Minority views argue the bill provides unchecked authority to the NCAA and athletic conferences while stripping college athletes of labor and employment rights. They oppose the bill's preemption of state laws protecting athletes and its prohibition on classifying athletes as employees, which denies them collective bargaining and disability benefits. | Committee on Education and the Workforce: Minority views strongly oppose the bill, arguing it acts as a bailout for the NCAA and wealthy athletic conferences while permanently banning college athletes from receiving labor and employment rights. They criticize the bill for failing to address gender equity under Title IX, preempting state-level protections, and ignoring the realities of the demanding hours and potential abuses athletes face.
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Verification Guide
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NIL agreements providing compensation over $600 must be in writing to be valid.
"er than $600, in the aggregate"
Institutions must provide medical care for athletic injuries for at least 3 years post-graduation.
"and a period of at least 3 years following grad-"
Student athletes cannot be considered employees under federal or state law.
"State law, no individual may be considered an employee"
Preempts state laws regulating student athlete compensation or employment status.
"governs or regulates the compensation, pay-"
Caps sports agent fees for endorsement contracts at 5 percent.
"that is greater than 5 percent of the amount"