H.R. 4312: SCORE Act

Student Compensation and Opportunity through Rights and Endorsements Act or the SCORE Act

This bill provides a framework for the compensation of student athletes for the use of their name, image, or likeness (NIL). This includes addressing certain elements of the court approved agreement to settle the In re College Athlete NIL Litigation (i.e., House settlement).

Specifically, the bill statutorily prohibits institutions, conferences, or interstate intercollegiate athletic associations (e.g., the National Collegiate Athletic Association (NCAA)) from restricting the ability of a student athlete to enter an NIL agreement.

The bill also requires institutions of higher education that generate $20 million or more in annual revenue from the institution's intercollegiate athletics activities to (1) provide counseling and medical benefits to student athletes, and (2) establish and maintain at least 16 varsity sports teams.

Further, the bill authorizes interstate intercollegiate athletic associations to establish rules with respect to athletic eligibility, transfers, recruitment, and the disclosure of NIL agreements.

Under the bill, student athletes may not be considered employees of an institution, conference, or interstate intercollegiate athletic association.

The bill also preempts state laws with respect to compensation, payments, benefits, employment status, eligibility, and academic standards applicable to student athletes.

Compliance with the provisions of this bill is considered lawful under federal and state antitrust laws.