Student Compensation and Opportunity through Rights and Endorsements Act; SCORE Act
Summary
The SCORE Act (Student Compensation and Opportunity through Rights and Endorsements Act) aims to protect the name, image, and likeness (NIL) rights of student-athletes and promote fair competition in intercollegiate athletics. It defines key terms like 'agent,' 'compensation,' and 'interstate intercollegiate athletic association.' The bill establishes the right for student-athletes to enter into NIL agreements, obtain representation, and maintain privacy regarding these agreements.
It also amends the Sports Agent Responsibility and Trust Act, setting standards for athlete agents and requiring disclosures. The Act mandates certain institutions to provide academic support, career counseling, and medical benefits to student-athletes. Furthermore, it authorizes interstate intercollegiate athletic associations to establish and enforce rules related to NIL agreements and other aspects of intercollegiate athletics.
Finally, the bill addresses transparency in student athletic fees, restricts the use of these fees for high-revenue institutions, and preempts conflicting state laws. It also requires studies and reports on the impact of the Act on Olympic sports and agent regulation.
Expected Effects
The SCORE Act intends to create a uniform federal standard for NIL rights, potentially overriding varying state laws. This could lead to more consistent regulations for student-athletes across the country. It may also increase transparency in college sports finances.
Additionally, the Act could shift the balance of power between institutions and student-athletes, giving athletes more control over their NIL rights and compensation. It also aims to ensure better support and protection for student-athletes through mandated services and benefits.
However, the preemption of state laws could face legal challenges, and the implementation of the Act's provisions may require significant adjustments by institutions and athletic associations.
Potential Benefits
- Establishes federal protection for student-athletes' NIL rights, ensuring they can profit from their image and likeness.
- Mandates comprehensive academic and career support for student-athletes at certain institutions, improving their educational opportunities.
- Requires medical and health benefits for student-athletes, including coverage for injuries and mental health services.
- Increases transparency in student athletic fees, allowing students to see how their fees are used to support athletic programs.
- Limits the use of student fees for athletic programs at high-revenue institutions, potentially freeing up funds for other academic or student services.
Potential Disadvantages
- Preempts state laws, potentially disrupting existing NIL frameworks and creating legal challenges.
- Could create an uneven playing field between institutions with varying resources, as some may struggle to meet the mandated support requirements.
- May lead to increased commercialization of college sports, potentially detracting from the academic mission of institutions.
- The definition of 'prohibited compensation' could be difficult to enforce, leading to disputes and litigation.
- Potential impact on Olympic sports funding due to shifts in resource allocation within institutions.
Constitutional Alignment
The SCORE Act's alignment with the US Constitution is complex. It primarily implicates Congress's power under the Commerce Clause (Article I, Section 8, Clause 3) to regulate interstate commerce, as it seeks to standardize rules for intercollegiate athletics, which generate significant revenue across state lines. The Act's provisions regarding NIL rights could also be viewed through the lens of the First Amendment, protecting freedom of speech and the right to profit from one's own image and likeness.
However, the preemption of state laws raises federalism concerns, as it limits the states' traditional authority to regulate activities within their borders. The Tenth Amendment reserves powers not delegated to the federal government to the states, and the Act's preemption clause could be challenged as an overreach of federal power. The Act's focus on student-athlete welfare could also be seen as promoting the general welfare, as stated in the Preamble of the Constitution.
Overall, the Act's constitutionality will likely depend on how courts balance the federal interest in regulating interstate commerce with the states' rights to govern local matters.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).