SCORE Act

Bill Number

H.R. 4312

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Sports and Recreation

Status

Introduced

Latest Action

2025-12-01: Rules Committee Resolution H. Res. 916 Reported to House. Rule provides for consideration of H.R. 4312, H.R. 1005, H.R. 1049, H.R. 1069, H.R. 2965 and H.R. 4305. The resolution provides for consideration of H.R. 4312, H.R. 1005, H.R. 1049, H.R. 1069, H.R. 2965, and H.R. 4305 under a closed rule with one hour of general debate and one motion to recommit on each bill.

Last Updated

2026-06-11T23:26:40Z

AI-Generated Summary

Purpose of the Legislation

The SCORE Act aims to safeguard student athletes' rights to earn money from their name, image, and likeness (NIL)—personal branding elements like photos, videos, or names used commercially—while promoting fair and competitive intercollegiate athletics. It establishes a federal framework to regulate NIL deals, compensation limits, and related practices, preventing exploitation and ensuring educational priorities remain central.

Key Provisions

• NIL Rights Protections (Section 3): Student athletes can freely enter NIL agreements (contracts for commercial use of their personal brand) without restrictions from schools, conferences, or national athletic associations (e.g., NCAA). Exceptions include deals involving "prohibited compensation" (e.g., pay-for-play disguised as NIL or exceeding revenue-based limits) or those violating school conduct codes. Athletes have rights to hire agents, keep deal details private (unless they consent), and enter only transparent written agreements for deals over $600, which must detail services, payment, duration, and termination options (including post-enrollment exit rights).

• Agent Regulations (Section 4): Amends the existing Sports Agent Responsibility and Trust Act to cap agent fees at 5% of NIL deal compensation, require agent contracts to allow termination 6 months after leaving school, and mandate disclosures about agent registration with athletic associations. Unregistered agents need written consent from the athlete (or parent/guardian if under 18). State attorneys general can enforce these rules through civil actions.

• Institutional Requirements (Section 5): Applies to high-revenue schools (those generating $20 million+ annually from athletics, adjusted for inflation). These schools must provide:
• Comprehensive support services (e.g., mental health, nutrition, financial literacy, transfer guidance, sexual violence prevention).
• Extended health benefits (e.g., injury care for 3+ years post-enrollment, independent medical decisions).
• Guaranteed scholarships (grants-in-aid) unaffected by performance, injuries, or NIL earnings.
• Degree completion aid for former athletes (up to 7 years, based on prior scholarship amounts, if they meet academic standards).
• At least 16 varsity sports teams by July 1, 2027 (complying with Title IX gender equity rules if federally funded).

Schools can collaborate with conferences or associations to meet these.

• Roles of National Athletic Associations (Section 6): Authorizes groups like the NCAA to create enforceable rules on:
• NIL disclosures and anonymized data sharing.
• Banning prohibited compensation (with dispute processes that preserve eligibility).
• Recruitment timelines, transfers (at least one immediate-eligibility transfer allowed, with credit transfer info provided).
• Eligibility periods and academic standards.
• Agent registration (capping fees at 5%).
• A "pool limit" for total athlete compensation (at least 22% of average annual athletics revenue from the top 70 schools in the association).
• Membership, seasons, and contest limits.

Associations must include 20% recent/current athletes (balanced by gender and sport) and 30% representatives from lower-revenue schools on decision-making bodies, plus a policy council from member conferences.

• Antitrust Protection and Employee Status (Sections 7-8): Rules set under Section 6 are immune from antitrust lawsuits (federal and state laws preventing unfair business practices). Student athletes cannot be classified as employees based solely on playing sports, regardless of rules or compensation.

• Student Fee Transparency and Limits (Section 9): Amends the Higher Education Act to require public reporting of student fees funding athletics (e.g., amounts, uses like coach salaries or facilities). Starting 2026, schools with $50 million+ in average annual media rights revenue (e.g., TV/streaming deals) cannot use student fees for athletics.

• Preemption and Enforcement (Section 10): Overrides conflicting state laws on athlete compensation, eligibility, or NIL rights (e.g., state-specific NIL rules), but preserves general state laws (like contract disputes). State attorneys general can sue to enforce NIL protections.

• Reporting and Studies (Section 11):
• Federal Trade Commission (FTC) studies independent agent regulation program (report to Congress in 1 year).
• Associations submit biennial compliance reports; Government Accountability Office (GAO) investigates every 5 years.
• GAO studies impacts on Olympic sports (non-revenue sports like swimming; report in 2 years), including funding and international models.

Significant Changes to Existing Law

• Federalizes NIL Framework: Builds on patchwork state NIL laws (post-2021 Supreme Court ruling in NCAA v. Alston) by creating uniform national rules, preempting state variations and providing antitrust immunity to associations—unlike current fragmented regulations.
• Amends Higher Education Act: Adds athletics revenue/fee reporting and ties federal aid eligibility to new requirements (e.g., no student fees for high-revenue schools, degree programs).
• Updates Sports Agent Law: Removes outdated warnings about eligibility loss from hiring agents; adds NIL-specific disclosures, fee caps, and consent rules.
• Clarifies Employee Status: Explicitly rejects classifying athletes as employees under labor laws, countering recent lawsuits (e.g., NLRB cases).
• No Impact on Title IX: Explicitly preserves gender equity law in education (Section 7 in amended version).

Potential Impacts

• On Citizens (Student Athletes): Empowers athletes to monetize NIL without losing eligibility, with protections against exploitative deals; improves health, education, and career support. Could increase earnings via revenue sharing (pool limit), but caps total pay to promote fairness.
• On Government Agencies: FTC and GAO gain study/reporting duties; state attorneys general get enforcement tools for NIL violations. Minimal burden on federal agencies beyond oversight.
• On Institutions and Athletics: High-revenue schools (e.g., Power 5 conferences) face compliance costs for supports/benefits but gain rule-making authority and antitrust shields. May reduce student fee reliance, shifting funding to boosters/media. Promotes more sports/teams, aiding gender equity.
• On International Relations: None direct; GAO study on Olympic sports may inform U.S. athlete development compared to global models, potentially influencing Olympic funding indirectly.

Main Stakeholders Affected

• Student Athletes and Prospective Athletes: Gain NIL freedoms, agent protections, health/education benefits; affected by disclosure rules and pool limits.
• Colleges and Universities: Especially high-revenue ones (e.g., those in NCAA Division I FBS) must invest in supports and maintain teams/scholarships; smaller schools benefit from governance representation.
• Athletic Conferences and Associations (e.g., NCAA, Big Ten): Authorized to regulate but must reform governance for athlete/small-school input; gain antitrust protection.
• Agents and Boosters ("Associated Entities"): Face fee caps, registration, and bans on improper NIL deals; boosters limited in recruitment influence.
• Sponsors and Media Companies: Easier NIL market but subject to transparency and fair-market-value rules.
• Students (Non-Athletes): Potential relief from athletics fees at wealthy schools; indirect via institutional resource shifts.

Notable Legal, Constitutional, or Political Implications

• Legal: Provides antitrust immunity (a "safe harbor") for association rules, reducing litigation risks (e.g., pay-for-play suits) but invites challenges if rules are seen as overly restrictive. Preemption centralizes control federally, potentially sparking state lawsuits over lost authority. Clarifies non-employee status, limiting unionization or wage claims under labor laws like the Fair Labor Standards Act.
• Constitutional: Aligns with First Amendment (NIL as free speech/commercial expression) and Equal Protection (via Title IX preservation, ensuring gender balance in benefits/teams). No direct free speech or due process issues, but pool limits could face scrutiny if viewed as price controls.
• Political: Balances progressive athlete empowerment (e.g., revenue sharing, health protections) with institutional stability, appealing to bipartisan sponsors. May reduce "wild west" NIL chaos but criticized for favoring big schools; Olympic sports study addresses equity concerns for non-football/basketball programs. Enactment could reshape $15B+ college sports industry, influencing elections in sports-heavy states.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Bilirakis, Gus M. [R-FL-12]

Cosponsors (22)

Rep. Bynum, Janelle S. [D-OR-5], Rep. Guthrie, Brett [R-KY-2], Rep. Walberg, Tim [R-MI-5], Rep. Jordan, Jim [R-OH-4], Rep. Figures, Shomari [D-AL-2], Rep. McClain, Lisa C. [R-MI-9], Rep. Fitzgerald, Scott [R-WI-5], Rep. Fry, Russell [R-SC-7], Rep. Williams, Roger [R-TX-25], Rep. Westerman, Bruce [R-AR-4], Rep. Flood, Mike [R-NE-1], Rep. Cuellar, Henry [D-TX-28], Rep. Gonzalez, Vicente [D-TX-34], Rep. Gooden, Lance [R-TX-5], Rep. Suozzi, Thomas R. [D-NY-3], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Haridopolos, Mike [R-FL-8], Rep. Cline, Ben [R-VA-6], Rep. Barr, Andy [R-KY-6], Rep. Grothman, Glenn [R-WI-6], Del. Plaskett, Stacey E. [D-VI-At Large], Rep. Moskowitz, Jared [D-FL-23]

Recent Actions

• 2025-12-01: Rules Committee Resolution H. Res. 916 Reported to House. Rule provides for consideration of H.R. 4312, H.R. 1005, H.R. 1049, H.R. 1069, H.R. 2965 and H.R. 4305. The resolution provides for consideration of H.R. 4312, H.R. 1005, H.R. 1049, H.R. 1069, H.R. 2965, and H.R. 4305 under a closed rule with one hour of general debate and one motion to recommit on each bill.
• 2025-11-25: Supplemental report filed by the Committee on Education and Workforce, H. Rept. 119-270, Part IV.
• 2025-11-25: Supplemental report filed by the Committee on Education and Workforce, H. Rept. 119-270, Part IV.
• 2025-11-25: Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-270, Part III.
• 2025-11-25: Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-270, Part III.
• 2025-09-11: Placed on the Union Calendar, Calendar No. 226.
• 2025-09-11: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-270, Part II.
• 2025-09-11: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-270, Part II.
• 2025-09-11: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-270, Part I.
• 2025-09-11: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-270, Part I.
• 2025-07-23: Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 23.
• 2025-07-23: Committee Consideration and Mark-up Session Held
• 2025-07-23: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 18 - 17.
• 2025-07-23: Committee Consideration and Mark-up Session Held
• 2025-07-15: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.

Bill Versions

• Student Compensation and Opportunity through Rights and Endorsements Act — issued 2025-07-10 — PDF (30 pages)
• Student Compensation and Opportunity through Rights and Endorsements Act — issued 2025-09-11 — PDF (88 pages)

Related Bills

• H.Res. 916 (119th Congress)