On July 10, 2025, the House Energy and Commerce Committee voted to advance the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act, moving it to the House floor for further consideration. Touted as a comprehensive federal framework for collegiate athletics, the bill seeks to unify the patchwork of state laws governing Name, Image, and Likeness (NIL) rights, while establishing new standards and protections for both athletes and institutions.
In its current form, the legislation leans in favor of the NCAA and collegiate institutions,—potentially at the expense of student-athletes’ rights and long-term interests.
Shortly thereafter, on July 24, 2025, President Donald Trump issued Executive Order 14322: Saving College Sports, which focuses on NCAA Division I athletics and closely aligns with the NCAA’s positions. Like the SCORE Act, the order calls for a national solution and directs various federal agencies and the U.S. Attorney General to take action aimed at stabilizing college sports and ensuring the continuation and expansion of women’s and non-revenue sports. However, it does not explicitly address how Title IX applies to revenue-sharing or payments under the House settlement.
The order also instructs White House staff to consult with the United States Olympic and Paralympic Committee (USOPC) to safeguard the role of college athletics in developing Olympic-level athletes.
NIL Rights: Clarity or Control?
The SCORE Act proposes a national standard for NIL rights, allowing student-athletes to pursue commercial opportunities without risking eligibility. However, it permits the NCAA and conferences to regulate deal types, centralizing authority and superseding existing state NIL laws. While this uniformity may reduce confusion, it could also limit the broader freedoms granted under more athlete-friendly state laws—potentially stifling innovation in compensation models.
The Executive Order calls for the elimination of third-party, pay-for-play arrangements, while permitting fair market value compensation for legitimate NIL activities. This aligns with current NCAA guidance and the implementation of the House settlement through NIL Go and revised guidance from the College Sports Commission (CSC), as previously reported.
Antitrust Protections: Stability or Shielding the Status Quo?
One of the most controversial aspects of the SCORE Act is its provision of antitrust immunity for the NCAA and major conferences. This would shield institutions from lawsuits related to athlete compensation, eligibility, and transfer rules—effectively insulating them from legal challenges that have historically driven reform in college sports.
The Trump Executive Order similarly directs the Attorney General and the FTC to take actions that protect student-athletes’ rights while reducing antitrust challenges, signaling support for congressional intervention.
Employment Status: Preserving Amateurism?
Perhaps the most consequential provision of the SCORE Act is its explicit prohibition on classifying student-athletes as employees. This preserves the traditional amateurism model and relieves institutions of obligations such as wages, healthcare, and collective bargaining.
The Trump Order directs the Secretary of Labor and the National Labor Relations Board (NLRB) to clarify student-athletes’ employment status to maximize educational opportunities. Under the Fair Labor Standards Act (FLSA), the Secretary of Labor may issue guidance regarding worker classification, though conflicting court interpretations and circuit splits already exist for student-athlete classification. Notably, a prior NLRB memo asserting that some college athletes were employees under the National Labor Relations Act was rescinded in February 2025, making further NLRB action unlikely under the current administration.
Agent Oversight
The SCORE Act includes provisions to regulate athlete agents, establishing federal criteria to ensure ethical conduct and transparency. These guidelines aim to protect student-athletes from exploitation and promote professional standards in athlete representation.
Athlete Bill of Rights
The SCORE Act introduces an “Athlete Bill of Rights,” covering health and safety, educational access, and financial transparency. By codifying these protections, the legislation aims to enhance student-athlete welfare and promote a more equitable collegiate environment. However, questions remain as to whether these protections are modest compared to what athletes might secure through employee status or collective bargaining.
Status and Next Steps
The SCORE Act passed the House Energy and Commerce Committee (30–23) and the Education and Workforce Committee (18–17), both largely along party lines. A full House vote could occur as early as September following the summer recess. The bill’s prospects in the Senate remain uncertain and will require bipartisan support.
Regarding the Executive Order, the Secretary of Education, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Chairman of the Federal Trade Commission, are directed to develop a plan to effectuate the policies of the order within 30 days of the date of the order.
Conclusion: A Steep Climb Ahead
As the SCORE Act moves to the House floor, it faces growing scrutiny. Supporters—including the NCAA and Power Conferences—argue that it brings clarity and consistency to collegiate athletics, standardizes athlete compensation, and protects the infrastructure of college sports.
Detractors—including athlete advocates and many Democratic lawmakers—view it as a missed opportunity to empower student-athletes and address systemic inequities. They argue the bill restricts athlete rights and grants excessive authority to the NCAA.
As for the Executive Order, its enforcement mechanisms remain unclear—particularly regarding equitable revenue-sharing across men’s, women’s, and non-revenue sports. Uncertainty persists around the implementation of the House settlement and the applicable guardrails.
We are at a pivotal moment in the debate over the future of college sports—whether reform will prioritize institutional stability or athlete empowerment.
The Sports & NIL lawyers at Greenspoon Marder will continue to monitor the SCORE Act’s progress and provide timely insights. For questions or legal guidance, please contact me at [email protected].