What could an executive order on NIL, college sports from Trump entail?

CBS News reported on Tuesday night that President Donald Trump intends to sign an executive order in the coming days establishing national standards for NIL in college sports. The NCAA and Power Five leaders have long pursued Congressional action on Capitol Hill, most recently with the introduction of the SCORE Act in the House.

Co-sponsors of the SCORE Act include seven Republicans and two Democrats, which gives the bill a fair chance of passage in the House. It would need at least seven Democratic votes in the Senate, where its chances are viewed as slim.

But an executive order could streamline some of the top items on the NCAA’s wishlist. On3 spoke with a range of sources on Wednesday morning. Some sources expressed skepticism and caution that an executive order would be signed, while others shared that they have heard an order could be signed.

The current version of the SCORE Act, which went for a markup on Tuesday, includes antitrust protections, a preemption of state laws that regulate NIL deals and ensuring athletes are not classified as employees. It would also establish a one-time transfer rule.

SEC commissioner Greg Sankey said Wednesday morning that he is in wait-and-see mode on an executive order.

“I don’t think that’s a terribly articulate tweet,” Sankey said on SEC This Morning, referring to the CBS News report. “The NCAA doesn’t have a name, image, and likeness plan specifically. I mean, in college athletics, we have something, so the attribution is an error. The President clearly has an interest in sports, big picture, has an interest in college sports. He’s been at our games. The notion of an executive order has been mentioned before. There were some reports of a commission or an executive order back to like, April, I think, is when that started to bubble. So we’ll wait and see.”

The House v. NCAA settlement was officially approved last month, ushering in institutions sharing revenue directly with athletes and nearly $2.8 billion in backpay. The SCORE Act would create protections for the settlement and Olympic programs.

Sources speculated that an executive order from Trump could include language barring athletes from being classified as employees. It’s an issue that has long been pursued by the NCAA. The National Labor Relations Board’s general counsel rescinded a Biden-administration memorandum in February. The Biden-era memo from the previous NLRB general counsel stated they viewed college athletes as employees of their institutions under the National Labor Relations Act.

Meanwhile, Johnson vs. NCAA continues its march in the courtroom. The lawsuit could either classify athletes as employees or deliver a win for the NCAA. But an executive order from President Donald Trump could deliver a critical win for college sports leaders, who would not have to wait for an employment decision from the courts.

“You actually have to see if something happens, and then if something happens, what is included,” Sankey said. “I don’t have any inside information about what generated those reports late last evening.”