Amid ongoing litigation, shifting policy initiatives, and varying state laws concerning name, image and likeness (NIL) compensation, on July 19, 2025, the U.S. House of Representatives introduced the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act. Supporters of the SCORE Act contend that if enacted, it will protect student-athletes’ rights while simultaneously promoting fair competition and uniformity. Many colleges and universities are being asked to comment on the Act, including the pros and cons of the Act for their institution. The key provisions are outlined below:
The House Settlement as Federal Law: The landmark House Settlement includes nearly $2.8 billion in backpay for former student-athletes and a prospective revenue-sharing model for current and future student-athletes that currently permits universities to pay up to 22% of annual athletic revenue to student-athletes. The 22% cap increases annually by 4% and is recalculated every three years. The SCORE Act seeks to codify the House Settlement into federal law and will further permit the NCAA to increase the revenue-sharing cap as set forth in the House Settlement.
Title IX: Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex by recipients of federal financial assistance. The SCORE Act makes clear that it would not preempt or change the force and effect of Title IX or other federal laws.
Preservation of Non-revenue Sports: Some have expressed concerns that the revenue-sharing model implemented by the House Settlement could result in disproportionate payments towards student-athletes on revenue-generating sports team, as opposed to non-revenue sports. To avoid potential reduction or elimination of non-revenue sports, the SCORE Act requires all schools with annual athletic revenue over $20 million to maintain a minimum of 16 varsity sports and maintain broad opportunities for non-revenue and Olympic sports.
Student-Athlete Rights and Benefits: The SCORE Act would also require schools with annual athletic revenue exceeding $20 million to provide benefits to student-athletes, including mental health programs, access to legal and tax services and representation, career readiness counseling, degree completion assistance, and medical benefits, including post-eligibility health benefits for injuries sustained during enrollment while playing a varsity sport. The SCORE Act would also prohibit scholarship rescission based on athletic performance, illness, injury, or mental condition.
Antitrust Immunity: If enacted, the SCORE Act will provide a limited antitrust exemption for the NCAA, its member conferences, and the newly formed College Sports Commission, protecting them from continued, antitrust related litigation by specifically deeming compliance with the SCORE Act lawful. The language of the SCORE Act indicates that common law liabilities remain unaltered, such that student-athletes may still seek recourse against a university for common law claims.
State Law Preemption: More than 30 states have implemented laws governing NIL, which vary in terms of disclosure rights and otherwise, significantly. If the SCORE Act passes, it would preempt differing state laws with one law at the national level.
Codify Status of Student-Athletes: The employment status of student-athletes has been widely debated and is still being litigated. The SCORE Act seeks to resolve this issue by stating, “no individual may be considered an employee of an institution, a conference, or an interstate intercollegiate athletic association based on the participation of such individual on a varsity sports team or in an intercollegiate athletic competition as a student athlete.”
Limits on Agent Fees: In anticipation of potential “predatory” agents, the SCORE Act would cap agent fees at 5% and further permit the termination of agent-athlete contracts six months post student-enrollment.
The SCORE Act, which has advanced through two House committees, was initially expected to be presented for a House vote next week. It is possible that the final House vote will be delayed as factions within Congress are still working to ensure sufficient votes before advancing the Score Act to the House floor. If passed, the SCORE Act will proceed to the Senate. As noted above, many institutions were proactively asked by their representatives to comment on the SCORE Act, and all institutions are welcome to contact their representatives with feedback.
