The SCORE Act: A Troubled Path to Passage
The effort to regulate college sports through the Student-Athlete Compensation and Representation Act (SCORE Act) has hit a significant roadblock in Congress. Initially backed by the NCAA, the U.S. Olympic and Paralympic Committee (USOPC), and the White House, the legislation was poised for a final vote this week. However, the plan was abruptly derailed after a procedural vote to advance the bill almost failed. Majority Leader Steve Scalise, R-La., cited the need for additional time to address members’ concerns and build a stronger coalition. The delay marks yet another setback for a bill that seemed destined for passage over the summer but has been plagued by repeated obstacles.
Controversies and Opposition
The SCORE Act is intended to codify the rules established by the multi-billion-dollar lawsuit settlement that allows college athletes to earn compensation. Proponents argue that the bill provides the clarity and stability needed to protect student-athletes and preserve collegiate athletic opportunities. However, the legislation has drawn criticism from various quarters, including unions, athletes, and state attorneys general. House Democratic leaders have also urged their members to oppose the bill. Republicans, who initially supported the measure, have become increasingly skeptical, citing concerns about rushed voting and other legislative priorities. Rep. Chip Roy, R-Texas, summarized the sentiment, stating that the bill “wasn’t ready for prime time.”
Power and Control Concerns
Critics of the SCORE Act warn that it would grant excessive authority to the NCAA and top conferences. One of the primary concerns is the antitrust protections and the provision that prevents college athletes from being classified as employees. AFL-CIO President Liz Shuler described the bill as “union-busting policy in action.” Additionally, the legislation would preempt state laws that regulate payments to players, a move that has drawn criticism from those who believe it undermines local control. Rep. Byron Donalds, R-Florida, a graduate of Florida State University, emphasized that the NCAA is “coming here crying poverty, saying that they need to fix and save college sports,” despite the industry’s financial success. He argued that the NCAA’s control and influence are not what they once were, and the bill would unfairly bolster these powerful entities.
Congressional Hurdles
The latest round of trouble for the SCORE Act began on Tuesday when a procedural vote to advance multiple bills was held open for over an hour as Republicans debated potential changes. Since then, Republican dissent has only grown, with some members who initially supported the bill now wavering. GOP Rep. Anna Paulina Luna of Florida, for example, stated that while she was initially for the bill, she is now undecided due to the arguments against it. She added that she doesn’t consider the bill a top priority for the House. With this week’s delay, it seems likely that any action on the SCORE Act will be pushed into the new year. The House is now focused on clearing a backlog of must-pass measures, including a defense authorization bill and a potential fix for expiring Affordable Care Act subsidies.
The Future of College Athletics
The debate over the SCORE Act reflects the broader changes occurring in college athletics. The National Collegiate Athletic Association (NCAA) has faced significant challenges, particularly with the implementation of Name, Image, and Likeness (NIL) rules, which allow athletes to profit from their personal brands. Rep. Donalds emphasized that the NCAA’s attempts to retain control are misguided, stating, “We’re in the infancy of what college athletics is because of the changes in NIL. We shouldn’t just come in and cut that off because the NCAA wants to have their cake and eat it too.” This sentiment resonates with many who believe that the NCAA should adapt to the evolving landscape rather than seeking to reinforce its existing power structure.
Moving Forward
As the House races to address critical legislative priorities, the future of the SCORE Act remains uncertain. The growing dissent among Republicans and the broader concerns about the bill’s implications suggest that it may face significant hurdles in the coming months. For now, the focus appears to be on ensuring that other essential legislation is passed, while the debate over the regulation of college sports continues to evolve. The NCAA and its allies will need to address the many criticisms and build broader support if they hope to see the SCORE Act move forward in the next Congress.
