Lawmakers will soon take their biggest step yet to usher in a new era for college sports as the NCAA, tied up in years of billion-dollar lawsuits, asks Congress to set rules of the road for college athletics.
Later this week, the House will vote on the SCORE Act, the first major sports bill to be brought to the floor since the Supreme Court cleared the way for student-athletes to profit from their name, image, and likeness.
The 2021 ruling opened the floodgates to endorsement deals and booster-run collectives that are hastening the demise of amateur athletics. It also opened the NCAA, which long resisted player compensation, up to litigation as athletes sued for back pay damages, resulting in a $2.8 billion settlement over the summer.
Many of the bill’s provisions mirror the settlement, which allows colleges to pay student-athletes directly for the first time. Notably, it would also fulfill the NCAA’s three biggest requests: protections from further lawsuits, a national standard that supersedes state laws, and language clarifying that students are not employees and, as such, should not receive salaries.
That last provision, the subject of current litigation in Pennsylvania, is part of what’s driving progressive opposition to the bill, which has just six Democratic co-sponsors. The other main criticisms have come from lawmakers who argue that the legislation would disproportionately favor the power conferences, which have more monetary resources to attract top recruits, and insufficiently protect women’s and Olympic athletics.
Lawmakers made changes to the bill that partially address those concerns, and the NCAA notes the provisions that do benefit students. In addition to permitting NIL deals, the legislation codifies the health and wellness benefits offered to athletes.
“This bill reflects many student-athletes’ priorities, and the NCAA is committed to working with Congress to build a bipartisan path forward that ensures the long-term success of college sports and the ongoing opportunities they provide to young people,” Tim Buckley, the NCAA’s senior vice president of external affairs, previously said in a statement.
The bill is expected to pass later this week, marking a major legislative victory for the NCAA and other groups that have spent millions lobbying lawmakers to regulate the industry. However, its fate in the Senate remains uncertain due to the 60-vote threshold of the filibuster.
The legislation cleared a procedural hurdle in the House Rules Committee on Monday evening, with a floor vote expected on Wednesday.
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The bill is part of a flurry of activity in Washington this year related to student-athlete pay, including an executive order President Donald Trump signed in July to clamp down on “pay for play” schemes in college sports.
In the Senate, Democrats have introduced legislation that would allow smaller conferences to pool their broadcasting rights, a strategy that could help them negotiate better terms and generate more school revenue. That bill is supported by Cody Campbell, a Texas billionaire who has pressed House Republicans to incorporate the legislation into the SCORE Act.
