▶ 0:09:11The subcommittee will come to order. The chairman recognizes himself for an opening statement. Again, good morning everyone and welcome to our markup of the score act. I'm proud to lead this bipartisan legislation alongside the four committee chairs of course uh energy and commerce uh chairman Guthrie education and workforce and judiciary and my other esteemed colleagues especially representatives binum figures and fry
▶ 0:09:42this committee has a rich history of thoughtful and bipartisan engagement in college sports and name image likeness policy we've worked across party lines, not just to legislate, but to understand what is truly at stake, the health, safety, and future of student athletes. We can all agree.
▶ 0:10:05Going back to uh the 114th Congress, we saw leadership from then Chair Upton on concussion safety. In this 116th Congress, then Chair Palone and Ranking Member Walden jointly sought input on the emerging NIL landscape from stakeholders across the country, grounded in the idea that good policy begins with good listening.
▶ 0:10:34and the 118th Congress, then Chair McMorris Rogers and I continue taking feedback from stakeholders with the intent of creating a national framework to protect our student athletes and create a sustainable future for college sports. Many of these inputs went into our first NIL legislative hearing last year on the draft bill, the Fair College Sports Act.
▶ 0:11:03Since then, we've continued that spirit of listening and engagement this Congress. We hosted two subcommittee hearings, convened multiple bipartisan roundts, and receive input from hundreds of voices across the college sports uh ecos ecosystem.
▶ 0:11:22It's a ecosystem including from student athletes, coaches, athletic directors, uh, compliance officials, and conference commissioners and legal experts. We've also worked in close coordination with other committees and members on both sides of the aisle to craft a bill that reflects broad consensus.
▶ 0:11:45The result of all this work is a score act, a comprehensive bipartisan solution that upholds the integrity of college sports and strengthens protections for student athletes who make it all possible. It provides common sense guard rails around the transfer portal and agent disclosure, ensuring students are supported, not exploited as they navigate life-changing decisions.
▶ 0:12:14I'm honored to lead an important, thoughtful, and carefully crafted bill along with Chairman Guthrie. I will be the first to say not everyone is going to get 100% of what they want in this bill, but time is of the essence, folks. I want to say it again. Time is of the essence.
▶ 0:12:33It is long past time that we take action to ensure that we have sustainable future for college sports, especially for women's sports and the Olympic sports that creates predictability and certainty for all student athletes. We must act now to protect and preserve the uniquely American institution of college sports we have all come to know and love.
▶ 0:12:59Thank you to my colleagues for their collaboration and commitment to student athletes. So, I look forward to continuing our work as we move the SCORE Act forward. So, I'll yell back and now I recognize the chairwoman uh who is the ranking member of the subcommittee, Miss Shakowski from the great state of Illinois for five minutes. You're Thank you, Mr.
▶ 0:13:30Chairman. Um, it's a pleasure to be um with you and I agree that the most important thing right now is the health and safety of our student athletes. We have to make sure that we prevent them from any harm.
▶ 0:13:51And um this uh and I'm concerned about that and I don't think this piece of legislation that has been uh promoted and offered is not the one that will actually do what we need to do to protect our athletes. Um and and so I think we need to review um the um what is it? The
▶ 0:14:19score act. the score act uh and come up with something that really looks at the uh at the athletes. Um concerned that we're doing more in the recommendation um for the NCAA that we're doing for the athletes uh themselves.
▶ 0:14:41And so I would like to see a real examination of the um piece of legislation and focus mostly entirely on how this protects our student athletes. And with that, I'll yield
▶ 0:15:01Thank you. The gentle lady yields back. And the chairman now recognizes the chairman of the full committee, Mr. Guthrie, for five minutes for his opening statement. Thank you uh Chairman Bill Rockus for your leadership on the score act and to all of our colleagues who join as original colleagues reps Binham Figures Wahlberg Jordan Fry Fitzgerald and MLAN your commitment to bipartisanship collaboration bipartisan collaboration has been essential to crafting this thoughtful and comprehensive legislation HR 4312 the score
▶ 0:15:31act is a bipartisan product of extensive collaboration across three house committees energy and commerce education and workforce in the judiciary contary. This legislation marks a significant step forward in providing a clear federal framework for the name, image, and likeness marketplace in college athletics. College athletics have yielded presidents, entrepreneurs, and community leaders.
▶ 0:15:54But the fractured NIL landscape has that has developed in recent years has left athletes, schools, and conferences without certainty or guard rails. Across the country, athletic departments are trying to compete in a system that is anything but fair or stable, where chaos makes it difficult to understand, let alone meet their compliance obligations.
▶ 0:16:15The patchwork of state level NIL laws, inconsistent policies, and continuous court challenges have created confusion and competitive imbalances across college sports. Just last month, we saw a major milestone with the approval of the House settlement, signaling a new era in college athletics. The score act builds upon this momentum by delivering the protections, clarity, and uniformity that student athletes, institutions, and fans have long been asking for. Student athletes get additional protections.
▶ 0:16:45Universities get the stability they need to plan for the future, and fans can continue building relationships with the players they support. This legislation will ensure that the integrity of college sports is maintained while leveling the playing field and providing nationwide consistency. This legislation guarantees that student athletes receive essential benefits to support their education, health, and long-term success. It protects student athletes from bad actor agents and allows for rules that stabilize college sports to be enforced.
▶ 0:17:16With revenue sharing as the new norm in college athletics, we must ensure that all athletic programs, from powerhouse football teams to smaller sports, have the tools to thrive. This legislation represents a balanced bipartisan solution to the most pressing issues in college athletics. I'm proud of our work and look forward to restoring college athletics for students, schools, and fans. I yield back.
▶ 0:17:42Thank you. I appreciate it. Uh, Mr. Mr. Chairman, now recognize a ranking member of the full committee, Mr. Palone, for his five minutes.
▶ 0:17:50Thank you, Mr. Chairman. With all due respect to you and my colleagues, I do not think this markup is a good use of the subcommittee's time. We in Congress should be focused on the very real threats to our nation's colleges and universities, as well as everyday Americans under the Trump administration. A day rarely goes by when the Trump administration is not attacking colleges and universities.
▶ 0:18:12Trump continues to destroy America's higher education system with reduced federal research dollars, taxes on endowments, and cuts to federal student aid. His latest effort to interfere with college accreditation is particularly outrageous. And let's be clear, the fundamental threat to colleges and universities is not college athletes finally being able to profit from their talent. The real threat to our nation's colleges and universities is coming from inside the White House.
▶ 0:18:39Starting with the Trump administration's attempts to cut billions in research funding from the National Institutes of Health. This has left colleges and universities across the country scrambling to figure out how they're going to continue their life-saving research on cancer, heart disease, children's health, and many more items.
▶ 0:18:56And these cuts, as well as reductions in graduate student funding included in President Trump's big ugly bill, are forcing colleges and universities to wrestle with how to fund their graduate research and science programs, which endangers our nation's global leadership in science and medical research for generations to come. And these are major crisis, yet Republicans are ignoring them and instead would rather talk about college sports. Now, we've held countless hearings about college sports over the last few years.
▶ 0:19:25In every hearing, we've heard that for decades, the National Collegiate Athletic Association or NCAA failed to put the health, safety, and financial interests of college athletes first. Every witness has said that allowing college athletes to profit from their name, image, and likeness is a good thing and represents a long overdue change in college sports.
▶ 0:19:45Changing the rules so that college athletes can finally profit from their name, image, and likeness was a hard-fought victory won by college athletes, not by congressional action, but through the courts and the state legislators. So last month, the federal court approved a historic settlement in House versus NCAA, in which the NCAA agreed for the first time to allow schools to pay college athletes directly for the talent those athletes bring to the schools, the conferences, and the NCAA.
▶ 0:20:12and those payments are subject to a salary cap of $20.5 million per school. But instead of celebrating progress made by college athletes, the score act shuts down their ability to seek additional protection in the courts and state legislatores. It even gives the NCA and conferences unchecked authority to roll back many of the hard-fought benefits college athletes have won in the courts and state legislatores.
▶ 0:20:36The bill reduces the amount of money college athletes can make from their talent, but allows schools to spend unlimited amounts of money on coaches, trainers, fancy athletic facilities, private planes for team travel, and other inducements to help recruit and retain the most talented college athletes. And this is not how you quote level the playing field. The score act also gives the NCA nearly limitless and unchecked authority to govern every aspect of college athletics, including how college athletes can get paid.
▶ 0:21:05what happens when they want to transfer schools more than once and how many hours they can spend training, traveling to competitions, and competing. Rather than offering college athletes new strong enforcable protections, the SCORE Act offers window dressing to address health and safety concerns and purposely eliminates the ability of college athletes and law enforcement authorities to enforce violations of even these weak protections.
▶ 0:21:30The bill also fails to include meaningful protections to help ensure college athletes don't hire predatory agents and it doesn't provide pathways to release to for relief if they do. Instead, it simply allows the NCA and conferences to require agents to register with those institutions. That is not going to do anything to help college athletes and could create a false sense of security regarding the integrity of registered agents. We should not be doing anything that stifles the progress being won by the college athlete.
▶ 0:21:59The landscape of modern college sports is well on its way to being developed by these recent court decisions. And Congress should allow that work to play out. Don't get in the way. College sports and the opportunities it provides for young athletes cannot exist though, and I want to emphasize that cannot exist without colleges. If President Trump succeeds in destroying the American college and university system, which he seems determined to do, there will be no college sports.
▶ 0:22:25I don't know if anybody realizes that, but have to have a college to have college sports. And the way we're going with this administration, I don't even know if there going to be any colleges or universities or any worth uh fighting for once he destroys them. So, with that, I yield back the balance of my time. Thank you, Mr. Chairman.
▶ 0:22:46Gentleman yields back. Uh the chair reminds members that uh pursuant to the committee rules, all members opening statements will be part of the record. Uh are there any further opening
▶ 0:23:00Yes, M. Tran, you're recognized for three minutes.
▶ 0:23:03Uh thank you, Mr. Chairman. Uh first, I appreciate you taking the time yesterday to meet with me to discuss the SCORE Act and to hear the concerns that I along with many of my colleagues uh have about this legislation. Uh, as currently drafted, the Score Act would grant sweeping power to the NCAA and athletic conferences. Power that comes at the expense of the very athletes who make college sports possible.
▶ 0:23:30Even more concerning, when those organizations overreach or abuse that power, and history uh has shown that they surely will, this bill would shield them entirely from lawsuits, from state laws, and from enforcement by the FTC or state attorneys general. At the same time, the bill is silent on some of the most urgent challenges facing college athletes today.
▶ 0:23:55It offers no relief to the thousands of women who were denied roster spots because schools exploit loopholes in Title 9. It provides no solution for international athletes who were barred from pursuing the same NIL opportunities as their American teammates simply because of their visa status.
▶ 0:24:11And it falls short in protecting athletes who suffer long-term injuries, offering only limited medical coverage that fails to address the physical, mental, and financial consequences they face years after their athletic careers end. Now, Mr. Chairman, it's no secret that I am a no on this bill in its current form. But that doesn't mean that we can't find common ground.
▶ 0:24:34In fact, there are provisions in the SCORE Act that I support, like the clear definition of agents and new guardrails against their ability to enter athletes into predatory NIL contracts. That's a constructive improvement and it should serve as the foundation for serious bipartisan negotiations on a bill that stabilizes college sports. But we can't do that by returning power to those who abused it for a century.
▶ 0:25:01We should do it by finally guaranteeing college athletes the rights, protections, and seats at the table that they've been denied for far too long. If that's the direction we take, I believe you'll find significant support from our side of the aisle. I thank the chair for yielding and for his willingness to work together on this bill, and I yield back the balance of my
▶ 0:25:23Thank you. I appreciate, Mr. Tran. And I I will say this uh yeah, we had a productive conversation yesterday and I welcome other members to come to my office and and discuss. Uh I think we can find some common ground uh if we work together. But I this bill uh is a good solid bill and I believe it protects student athletes. All right. Uh any any opening statements over here on this side?
▶ 0:25:52Any from additional opening statements? Scotty Caster, you're recognized from the great state of Florida.
▶ 0:25:57Yeah, thank you. Thank you, Mr.
▶ 0:25:59Three minutes. members, I just I think the ranking member is correct. There is a lot of cognitive dissonance right now when we're talking about high higher education. And I know we want we want the best for our student athletes, but gosh, when you take a step back and look at what is happening across the administration and in Congress today, you just you have you can't help but be fearful what it means for all students and for our institutions of higher learning from
▶ 0:26:30our community colleges to our to the other colleges to to the large universities. I mean, the big ugly bill that that just passed a week ago um makes it more difficult for students to obtain a Pell Grant to obtain college and get on that ladder of opportunity uh in life.
▶ 0:26:49It kneecaps student loans, uh especially for graduate students, everything that's been going on in this administration to take a hammer to our scientific enterprise. all of the grad students that this summer they were hoping to really work on their research projects, but th those grants aren't there because they've been illegally illegally cut by this administration.
▶ 0:27:14Uh to um I talked to a lot of students back in the Tampa Bay area at at HCC, at St. Pete College, at the University of South Florida, University of Tampa, Eer College, and other I know you all do too. and they see the opportunities shrinking for the ability to uh get that that college degree. So then yes, this is important.
▶ 0:27:39I mean, college sports uh I so admire all the college athletes, the student athletes who give all of their time and talents. It sure is fun. and now with uh the house settlement there is a newfound opportunity for students to ensure that they have certain rights and uh can control their name image and likeness. But college sports is a big business as well. We're talking billions of dollars.
▶ 0:28:10So it's it is important to get this right. I think this the version right now there are a whole host of questions about preeemption about the ability of student athletes to to be protected in all of this. Uh so it let's not rush this through.
▶ 0:28:28I think we can get to a bipartisan place where where we're able to balance the interests of colleges and universities with the student athletes with to make sure that they can achieve um you know un realize their freedom and everything that that comes from their their talents and their time.
▶ 0:28:49But let's not let's not uh move a one-sided bill that that creates a lot of problems for these student athletes and the institutions back home that we care about. Thank you. I yield back my time.
▶ 0:29:01Gentle lady yields back. Any further opening statements on this item? Okay. Uh all right. The chair calls up HR4312 and asks the clerk to report
▶ 0:29:16HR 4312, a bill to project the name, image, and likeness rights of student athletes and to promote fair competition with respect to intercolgate athletics and for other
▶ 0:29:28With without objection, the first reading of the bill is dispensed with and the bill will be open for amendment at any point. So ordered. Does anyone seek recognition on the bill?
▶ 0:29:41On the bill,
▶ 0:29:43Yeah. All right. You're recognized, sir. Mr. Fry from the great state of South
▶ 0:29:47Thank you, Mr. Chairman. I move to strike the last word.
▶ 0:29:50Thank you. Gentleman is recognized.
▶ 0:29:52Thank you, Mr. Chairman, for holding this markup today on the score act. And thank you to all who played a very pivotal role uh in developing this muchneeded legislation both from the energy and commerce committee, the judiciary committee, the ed and workforce and all the uh outside entities, the student athletes that really had a hand in uh shaping the dialogue around NIL. College sports are deeply embedded in our culture.
▶ 0:30:15their cherished part of our national identity, bringing communities together together, creating lifelong memories for millions of fans and providing incredible opportunities for student athletes across the country. The introduction of NIL um has opened the door for exciting new possibilities for athletics and athletes. Uh however, without clear rules and an enforcement mechanism, the NI NIL landscape has become akin to the Wild West.
▶ 0:30:42As many of you have talked about, the lack of structure is unsustainable and unfair to the athletes, to the schools, and to the integrity of college sports itself. The score act is a bipartisan piece of legislation that provides much needed guard rails. It ensures student athletes can benefit from their NIL while also protecting the broader ecosystem of collegiate athletics.
▶ 0:31:04Establishing school liability protections ensures compliance with fair rules and reduces the threat of frivolous lawsuits that strain university budgets and jeopardize athletic programs themselves. Its federal preeemption provision ensures that we have one consistent national framework, putting an end to the patchwork of conflicting state laws and conflicting court rulings. If Congress fails to act, the future of college sports could be at risk.
▶ 0:31:32This bill preserves what makes college athletics so special. It protects women's sports, Olympic sports, and non-revenue generating sports. It reaffirms that student athletes are just that, students, not employees of the university, preserving the amateur spirit that distinguishes college sports from professional athletes. I fully support student athletes being able to profit from their name, image, and likeness. But I do not support a system without rules where everyone is left to fend for themselves without accountability.
▶ 0:32:00As a proud member of both the ENC committee and the judiciary committee, I've appreciated the opportunity to work alongside my colleagues and our dedicated staff in shaping the SCORE Act. I commend the chairs and the committee teams for their leadership and their tireless efforts in bringing this thoughtful bipartisan legislation forward. With that, Mr. Chairman, I yield back.
▶ 0:32:19I appreciate gentlemen yields back. Uh any one wish to speak on the bill? Miss Dingle, you're recognized for five minutes to speak on the bill. Thank you, Mr. Chair. I move to strike the last
▶ 0:32:33You're recognized.
▶ 0:32:35Let me begin by saying I support this process. We are in a new era of college sports, and this committee has an opportunity to help get this right. Sports matters to me, my district, and the state of Michigan, and I appreciate the work that's gone into this so far. And as my colleague just stated, college athlet athletics are deeply embedded in the fabric of communities across the country.
▶ 0:33:01They bring people together, instill lifelong values, and open doors to opportunity. I am lucky to represent two major universities, University of Michigan and Eastern Michigan University, but two very different institutions with very different athletic programs. I've seen firsthand the power of sports to inspire, educate, and uplift.
▶ 0:33:26But I've also heard from athletes, especially those in nonrevenue sports, who worry that without any real guard rails, the future of college athletics could be in real jeopardy. I've spoken to so many athletes who say I'm the only person who's come up to them and ask them how they feel about all this and what they want.
▶ 0:33:47Couple of weeks ago, I found myself on the main street of Ann Arbor at an event with our athletic director who quickly disappeared from the event, the Dingleway, and left me with the new quarterback on the University of Michigan team, Bryce Underwood. Don't forget the name. We're going to be champions again, guys. But I talked to Bryce for a couple hours. He ended up being my bodyguard date. And he said to me, "Nobody ever talks to us. Nobody ever asks us what we think.
▶ 0:34:17These are our lives, but nobody gives us the facts or asks our opinion. Too often these athletes voices are overlooked and dismissed. Their perspectives have shaped how I view this topic and they deserve to be at the center of the conversation. What we see under the lights on Saturday nights or during March Madness is just a piece of the puzzle.
▶ 0:34:42The reality for most college athletes, the overwhelming majority will never go pro. And it's very different. For a majority of college athletes, college sports are not just about competition. They're about education, leadership, and lifelong opportunity. And that's what's at stake here. We need a national framework, one with clarity, and real enforcement to bring fairness, transparency, and equity to the new NIL era.
▶ 0:35:09We've already seen states competing with one another to get a leg up and that patchwork is threatening the values and the balance that makes college sports so special. This bill has made real progress. I appreciate the chair's ongoing conversations and dialogue. It protects the NL rights of college athletes. It increases the transparency of NL agreements and agent registration.
▶ 0:35:35It's made progress, but we need more on greater health and academic protections, and it codifies some long overdue standards. These were mean meaningful steps forwards, but there's a lot more work we've got to do. Title 9 must be at the center of this conversation. We cannot allow new compensation models to widen the gap between men and women's sports.
▶ 0:36:00We need stronger gender gender equity protections written into law to ensure all athletes have equal opportunities and support. And I'm lucky I've got the wisdom of a number of women coaches who have been in this game for a long time. We need their input and thoughts and they are worried. We must preserve the breadth of college sports including non-revenue and Olympic sports.
▶ 0:36:27At a school like the University of Michigan, the revenue from football and men's backup football helps sustain more than two dozen other varsity sports. And that model also supports thousands of athletes and fuels our Olympic pipeline. We are the only country in the world that does not help its Olympians prepare and train. And we are threatening our Olympic pipeline. That structure is at risk.
▶ 0:36:58Athletic representation must be real. And this is something that really matters. College athletes athletes from revenue and nonrevenue sports at large and small schools deserve a seat at the table. They need and have the right to a voice in the decisions that impact their futures and protections around things like medical care, academic support, NIL and revenue sharing. We need real transparency and accountability. I'm running out of time.
▶ 0:37:28So, I'm going to say that the antitrust exemption must be narrow and justified. You can't have it so that if someone has been, as it was at the University of Michigan, abused by their doctor crook, that the athletes can't seek justice. We've made good progress thus far in this bill, and I want to thank my colleagues on the other side of the aisle. ask the uh from the ranking member and the chairman that we can keep working together to get this right for the full committee. Thank you and I yield back.
▶ 0:37:57Well, you have my assurances. The general lady yields back that we'll continue to work together and I believe we probably satisfied um most of your concerns. Uh but we can make a very good bill even better. So, thank you very much. Uh anyone else here on on our side on the Republican side? Yes. Yes. Mr. events. You're recognized for five
▶ 0:38:20Thank you, Mr. Chair, and thank you for this this bill, and I want to compliment the uh
▶ 0:38:24well, I'm sorry to the bill. Get this right language here. Um strike the last
▶ 0:38:32Thank you. Thank you, Mr. Chair. Um I I want to begin by thanking staff and and uh fellow members for the excellent work done on this bill. Uh and I see clearly the need for the guard rails that have been referenced in previous Um I also see the the essential need for in incredible care that I believe has been exercised in crafting this bill.
▶ 0:38:56And that by that I mean this is a business an incredibly huge and valuable business to this nation and to the colleges that enjoy uh college football programs and and to others. Um, it seems to me that the enthusiasm expressed by some who have part participated in these conversations is reflective of the uh the fact that they're in positions of power and the fear that I've seen expressed by other colleges reflects the fact that they're not.
▶ 0:39:26And this have and have not situation is incredibly challenging and one I look forward to further discussions on during the course of this week before our next meeting on Wednesday. Uh I am uh hopeful that we'll be able to address some of the issues that I we I've raised previously and that we've heard mentioned this morning and I think we absolutely need to do something in this space and it may well be this bill.
▶ 0:39:50But I must say uh there are concerns being expressed by colleges in my state that give me pause and I look forward to discussing those with you Mr. Chair and I think we can probably reach some solution that fits uh fits this space.
▶ 0:40:05I have to say the the the power that we enjoy here in Congress, if that's the right word for it, the responsibility for carving out exceptions to antitrust law and for uh providing preeemptions is enormous and once granted hard to reel back in and therefore I look forward to the conversations that we've been uh we've been having and uh look forward to next week.
▶ 0:40:31But this today is a very very important day I think for both the halves and the have nots. Thank you, Mr. Chair. Yield back.
▶ 0:40:39I appreciate it very much. The gentleman yields back. Uh and I look forward to the conversations as well. Uh we want to address your concerns. Uh this is the way the process is supposed to work. All right. Uh next is uh Miss Clark. You're recognized for five minutes for your uh not an opening statement, but uh you're going to discuss the bill. Thank you,
▶ 0:41:01Mr. Chairman. I move to strike the last
▶ 0:41:05Thank you. We are here today to consider the SCORE act, but a title like the NCAA Wish List Act would better reflect its true objectives. Just like big tech, the automotive industry, the energy sector, and many more, college athletics has become a multibillion dollar industry.
▶ 0:41:26And much like those other industries, the entrenched powers of college sports have the expertise and financial resources to advocate for their interests here in the capital and across the country. Unfortunately, the vast majority of college athletes do not have the same ability to engage lobbyists and public affairs professionals. That sad reality is clearly demonstrated in the bill before us today.
▶ 0:41:52This bill fails to protect college athletes and look out for their best interests. In particular, I am deeply troubled by the antitrust exemption this bill would provide the NCAA and other athletic Let me remind you all that antirust Let me remind you all that antirust lawsuits brought by current and former players are the sole reason
▶ 0:42:22athletes have been able to achieve the gains of the last few years. And if history is any guide, the NCAA and other athletic conferences simply cannot be trusted with creating fair guidelines that protect students and college athletes ability to profit off their own name, image, and likeness. We simply cannot turn to the same entities that created the broken, inequitable system of the past to serve as the stewards of a new system.
▶ 0:42:52We are already seeing the folly in this thinking play out with the newly created college sports commission as proposed deals are rejected out of hand due to its decision to arbitrarily decide that college athletes cannot accept certain appearance fees which seems fundamental to monetizing the value of one's name, image, and likeness. So, let's be honest about what's happening in the wake of the House v NCAA settlement.
▶ 0:43:21Major universities and conferences frustrated by donors directing funds to NIL collectives and players are seizing on this moment to recoup lost fundraising dollars. This bill would codify an arbitrary cap on revenue sharing payments made to players directly from universities regardless of how much a university is profiting from their athletes talent.
▶ 0:43:46This bill would also codify pro provisions in the House settlement, making it much more difficult for players to sign other NIL deals. This is patently unfair. Furthermore, this bill would also foolishly preempt state laws around NIL and college athletics more broadly, which along with antirust lawsuits ushered in this new era of equity and player empowerment.
▶ 0:44:14The blanket ban on employment status for co college college athletes is also unnecessary at this stage and only serves to further undermine the rights of the college athletes that have built this multi-billion dollar industry. I understand the pressure certain members are facing to do something on college athletics. It is big business in many districts across the country. But let's remember what's really at stake here.
▶ 0:44:41the ability for young people to participate in the free market just like anyone else. It is that simple. I urge my colleagues to reject the NCAA wishlist act. And if we must do something, let's do something that actually serves the players rather than reverting to an unfair systems of the past. I thank you, Mr. Chairman, and I yield back.
▶ 0:45:05General lady yields back. Any further uh uh discussion on the bill on this side? Any further discussion on the bill? All right, let's move to the amendatory So, for what purpose does the general lady seek recognition?
▶ 0:45:23Mr. Chairman, I have an amendment at the
▶ 0:45:26The clerk will report the amendment.
▶ 0:45:29Mr. Chairman, could the gentle lady please specify the amendment? Yes, it's uh 431201.
▶ 0:45:47Uh amendment to HR 4312 offered by Mr. Han, page two, strike line 12 and all that follows through line 17. The without objection reserve reading of the amendment is dispensed with.
▶ 0:46:03I reserve a point of order.
▶ 0:46:04You okay? Gentleman uh reserves a point of order. Without objection, the reading of the amendment is dispensed with and the gentle lady is recognized for five minutes in support of her amendment.
▶ 0:46:15Thank you, Mr. Chairman. This amendment is simple. It strikes three provisions from this legislation that when considered together in their current form place significant restrictions on college athletes ability to advocate for themselves. First, this amendment strikes the sweeping antirust exemption that would allow the NCAA and conferences to adopt and enforce rules against athletes, no matter how harmful, no matter how absurd, without fear of being challenged in court.
▶ 0:46:46Now, all of the progress that we've seen in college sports in recent years on NIL revenue sharing and investments in women's championships, it didn't happen because the NCAA had a change of heart. It didn't happen because conferences stepped up or college presidents suddenly decided to do the right thing. It happened because athletes sued, resulting in rulings, settlements, and public pressure that forced the NCAA to change.
▶ 0:47:14And it's worth remembering just how hard the NCAA fought to stop them. In the Johnson v. NCAA case just last year, attorneys for the NCAA actually cited the 13th Amendment's slavery exception as they had multiple times before to argue that college athletes are more like prison labor than employees. That was in 2024.
▶ 0:47:42That's who we want to hand a permanent antitrust liability exemption to. No guard rails, no sunset, just total trust in the very institution that has fought tooth and nail to deny athletes their rights at every turn. Now, don't get me wrong. The NCAA has done some good things, particularly since President Baker took the helm, but where's the guarantee that that continues after he leaves?
▶ 0:48:12What if the next NCAA president goes back to business as usual? Second, this amendment strikes the provision that would codify into law for the first time that college athletes can never be considered employees. To be clear, right now, not a single college athlete is an employee. Not of their school or their conference or the NCAA, and there is no pending case before the National Labor Relations Board seeking to change that.
▶ 0:48:39This provision is not a response to an urgent problem. If and only if athletes someday seek employee status and if a quarter board a agrees it will be because of how they are treated, the hours, the restrictions, the control over their lives. But this pro provision says it doesn't matter how they are treated.
▶ 0:49:04It slams the door shut forever, including on the right to collectively bargain, even if they want to do so without asking for And finally, this amendment strikes the provision that preempts all state NIL laws and blocks states from doing more to protect college athletes.
▶ 0:49:24The broad preeemption language sets a low ceiling for athletes rights and what states can do to protect them, one that states can't go above, even if they're trying to, for example, expand the health provisions included in the SCORE Act. This amendment will ensure that should this bill become law, it won't turn back the clock on athletes by handing power back to the NCAA to operate above the law. And I urge my colleagues to vote yes on this amendment.
▶ 0:49:54I yield back the balance of my time.
▶ 0:50:00Yes. Uh the gentleman will state his uh point of order.
▶ 0:50:03I insist on the point of order, Mr. Chairman. The amendment violates rule 10 clause 1F of the House rules uh because it is outside the scope of this committee's jurisdiction. Specifically, Miss Treyhan's amendment addresses uh the employment standing of college athletes which is outside the scope of this committee's jurisdiction. The amendment is out of order.
▶ 0:50:22Thank you. Does anybody uh any other me member wish to be heard on the
▶ 0:50:28Yes, you're recognized.
▶ 0:50:30Thank you, Mr. Chairman.
▶ 0:50:32Yes. The score act shuts down college athletes ability to assert their rights or seek protections in the courts and state legislatures or through collective bargaining. And this leaves athletes with almost no path to protect themselves and strips some of the rights enjoyed by every other American. So I support Representative Trayhan's amendment striking the three sections of the score act that deny college athletes their rights and give the NCA and conferences a blank check to reinstate decades of exploitation.
▶ 0:51:00I urge my colleagues to support this amendment. I yield back the balance of my time, Mr.
▶ 0:51:05Right. Uh, anyone any further discussion on the amendment?
▶ 0:51:09No. On the point of order.
▶ 0:51:11On the point of order. On the on the point of order. On the point of order.
▶ 0:51:15Yes. Okay. You're recognized.
▶ 0:51:17Mr. Chairman, we're literally at the committee hearing reviewing this bill with all these provisions in here. How could it possibly be that you take away that you're taking away the ability to amend the bill in this committee when it's clearly within our jurisdiction? It's it's paradoxical.
▶ 0:51:37Okay. Thank you. The chair is ready to rule. Uh Mr. Fry makes a point of order of of that amendment offered.
▶ 0:51:45Mr. Mr. Chairman, there's additional
▶ 0:51:47There are additional comments on that
▶ 0:51:49on the point on the point of order. Is that correct?
▶ 0:51:52Yes. Yes. Okay. You're recognized, Miss
▶ 0:51:55Thank you, Mr. Chairman. Um I I have a just a fundamental question because I know that pieces of the bill are in three different committees in the energy and commerce and two in Oh, right. Not judiciary for some reason. Okay. So, in education and workforce and in energy and commerce, but there's a lot of overlap when it comes to u how a lot of these provisions are going to work together. For example, I have a a fundamental question about Title Nine.
▶ 0:52:25Uh, and I can just, of course, everyone understands Title Nine is the the federal law that prohibits sex-based discrimination in education, requires schools to offer equitable opportunities to women and athletics.
▶ 0:52:40Is it your intent in this bill to ensure that Title N remains the law of the land uh and not be not have the the new NIL and and compensation provisions override Title N?
▶ 0:52:58I mean I that that's kind of a fundamental question on we whether we move forward on on all sorts of things preeemption and the liability protection Okay. The the chair is uh ready to rule.
▶ 0:53:14Or if I you can't answer that that question about the legislative intent, maybe ask the council on that.
▶ 0:53:21Yeah. Why don't we do that? I
▶ 0:53:23Okay. Uh again outside of Mr. Chairman, the committee's jurisdiction.
▶ 0:53:28Mr. Chairman, may I So, uh this is going to be in two committees. So, the title nine has three Well, it's two I think they're going to be two markups. There's three committees, two markups. and Ed and Workforce is going to mark up the Title Nine part of this uh legislation next week. I think they're scheduled. I don't know if that's been posted yet or not, but that's my understanding
▶ 0:53:46right there. And there there's no as I read the bill, there's no reference to Title Nine. And I understand um Chairman Guthrie that that that is the jurisdiction of the Education and Workforce Committee. But but I'm just this is kind of a fundamental question for how how this bill is going to is will title n remain um the the overriding law or do these new compensation uh
▶ 0:54:16formulas and and nil is it your intent to supersede title n
▶ 0:54:21no it is not the intent at all to supersede if you'll yell to title n that title n should remain and completely want to ensure if there's any question that title n remains in full effect
▶ 0:54:31and that and that title n would take precedence over any any of the formulas
▶ 0:54:40established in this bill that there will still be that fundamental requirement for equity in athletics.
▶ 0:54:48Obviously, that'll be an uh in workforce next, but yeah, that's that's certainly the intent of my of this side of the aisle that when that comes to education workforce, title N is in full effect. We don't want to undermine Title N. There's no intent to do that.
▶ 0:55:02Maybe and Okay. and maybe we can um agree to work on that with the other committee going forward to clarify that. Do would you all agree would you and Mr.
▶ 0:55:12No, I'll work with you. I I will tell you that the this is irrelevant to the the point of order though at hand uh this discussion of the bill. So, uh, again, but I will definitely work with you and and also the chairman of the, uh, what adding workforce committee.
▶ 0:55:31Uh, the, uh,
▶ 0:55:32do you want to yield?
▶ 0:55:33Yeah, I'll yield to you.
▶ 0:55:35So, so if you look at at just the house settlement, one of the big concerns is that the $20 million some with some number for inflation that is distributed is a concern. It would all go if you're Alabama, it all goes to football. If you're Kentucky, it all goes to basketball. And so that that traditional Olympic sports or other sports would be left out. And so the this bill actually maintains I think it's 16 that that each school has to maintain 16 athletic programs. So they can't just say all right we're going to be a football school.
▶ 0:56:03We're going to do a basketball school and and forget all the others and and uh title nine would still apply that they have to be equitable as it was before is my full understanding of it.
▶ 0:56:13Does will the gentleman yield? Oh, and
▶ 0:56:15I think it's the the lady my friend from Florida's time, but yeah.
▶ 0:56:19Yes, I have another point on that.
▶ 0:56:20But you have a fair point, but we want to make sure that's addressed. I believe this bill is stronger than the
▶ 0:56:26right? And there there's the pot of money to be distributed and then there's the other outside NIL uh deals that that student athletes would be students.
▶ 0:56:36I want to make sure that that Title N is going to apply to both of those. I guess that would be question, but the intent would be that it it does,
▶ 0:56:44but I'll yield to Rep.
▶ 0:56:46TR Thank you. I I just want to make sure that when we're talking about the forwardlooking precedent setting of the House settlement and the $22.5 million, we have some universities who are actually using the backwardlooking distribution of the house settlement that does not um that does not um account for Title N, right? It's 90% going to football and basketball. The remaining 10% is split between all other men's sports and then all women's sports.
▶ 0:57:16And so I think to the congresswoman from Cal uh from Florida's point, is Title 9 going to be the law of the land? And is it your intention that those distributions and the revenue share will be compliant with current
▶ 0:57:31You know, I'll leave that with Chairman Wahberg, but we will work together on that if you would like to work together. I just don't know the title n answers that you're asking, but we I know that's going to be in that workforce next week, but we will work with you to get there.
▶ 0:57:43Thank you very much. Because it is f it's fundamental to moving forward uh this the a bill of this scope and
▶ 0:57:51Thank you. Yeah. Agreed. Agreed. I'm willing to work with you as well. As you know, the chair is ready to rule. Uh Mr. Fry makes a point of order that the amendment offered by Miss Tran is beyond the scope of the committee's jurisdiction. Uh rule 10 provides for the jurisdictional scope of each committee of the house that determines uh what legislation may be considered by each of the committees.
▶ 0:58:16The chair finds that the amendment goes beyond the scope of this committee's jurisdiction and therefore not in order. The point of order is sustained. Okay. Are there any further amendments?
▶ 0:58:32Yes, Miss Clark, you're recognized.
▶ 0:58:36Mr. Chairman, I have an amendment at the desk labeled.
▶ 0:58:39You are recognized.
▶ 0:58:41Thank you, sir. Uh, my amendment is uh
▶ 0:58:44clerk will report the amendment.
▶ 0:58:47Yeah, go ahead. Yeah, if you can discuss it with the
▶ 0:58:50Yeah, I was going to tell him. Go ahead.
▶ 0:58:52Make sure that he knows which one you're talking about. Yeah.
▶ 0:58:55Okay. Here we go. Okay.
▶ 0:58:57Amend 4312-02- uh XML underscore, excuse me.
▶ 0:59:07The clerk will report the amendment.
▶ 0:59:09Amendment to HR4312, page two, strike line 12 and all that follows through line 17. Page 25,
▶ 0:59:19Without objection, the reading of the amendment is dispensed with and the gentle lady is recognized for. Mr.
▶ 0:59:23Chair, I reserve a order. The gentleman reserves a point of order.
▶ 0:59:28Thank you, Mr. Chairman.
▶ 0:59:29Mr. Chairman, I move to strike the last word to speak on.
▶ 0:59:32You are recognized.
▶ 0:59:33Thank you. As I have said before, I'm deeply troubled by the antitrust exemption this bill would provide the NCAA and other athletic conferences. Let me remind you all that antitrust lawsuits brought by current and former players are the reason athletes have been able to achieve the gains of the last few years.
▶ 0:59:51And if history is any guide, the NCAA and other athletic conferences simply cannot be trusted with creating fear guidelines that protect college athletes and their abilities to profit from their own name, image, and likeness. We simply cannot turn to the same entities that created the broken, inequitable system of the past to serve as the stewards of a new system.
▶ 1:00:16We are already seeing the folly in this thinking play out with the newly created college sports commission as proposed uh NIL deals are rejected out of hand due to its decision to arbitrarily decide that college athletes cannot accept certain appearances appearance fees which seems fundamentally uh seems fundamental to monetizing the value of one's name, image, and likeness.
▶ 1:00:40And to pair this antirust exemption with a broad preeemption of state law, which would prevent state attorneys general, local law enforcement, and college athletes and their families from bringing causes of action under state law when the NCAA and the conferences make serious mistakes is the wrong move. When a college athletes are sexually assaulted by their coaches or trainers, something we have seen before, they should have a cause of action in state court.
▶ 1:01:10When college athletes die on the practice field because of heat stroke, something we have seen before, their families should be able to go to court to seek justice and to help make sure that this doesn't happen to other people. Let's empower cath college athletes instead of giving the NCAA everything on its wish list without regard to the consequences of doing so. With that, uh, Mr. Chairman, I yield back.
▶ 1:01:36Thank you. The general yields back. Any further discussion on the amendment? Mr. Fry, you're recognized.
▶ 1:01:40Mr. Chairman, I withdraw my point of order and I move to strike the last
▶ 1:01:44You're recognized.
▶ 1:01:45Mr. Chairman, I oppose this amendment because it would allow the current wild west that college athletics has right now to continue to wreak havoc on our institutions and our student athletes. The antirust liability in section 7 is necessary to provide stability and clarity for athletic ecosystem. If they're already if they are constantly facing litigation, their budgets will change and this will lead to cuts in nonrevenue generating sports.
▶ 1:02:12This protect protection is conditional with compliance with the score act which allows interstate intercolgate athletic associations to create and enforce rules that are narrowly tailored to issues including NIL transfers and eligibility. The NCAA conferences and schools have voiced that they are not asking for a blanket liability shield, but they need room to breathe. They need that oxygen. The SCORE act allows for this while still providing necessary accountability.
▶ 1:02:40Lastly, this bill needs strong preeemption because a patchwork of state laws is unsustainable and leads to competitive disadvantages. Without this preeemption, athletes in different states will face unequal opportunities, confusing standards and enforcement gaps, undermining both competition and the athletic programs themselves. I urge my colleagues to vote no, and I yield
▶ 1:03:04Any further discussion on this side of the amendment? Yeah, Miss Casser, you're recognized.
▶ 1:03:10Thank you, Mr. Chairman. I just I have a few questions because this this is a very broad preeemption of state laws and then an antitrust exemption and some outside groups have raised significant concerns that the preeemption clause in the current draft uh not only stop states from enacting or enforcing laws, rules, regulations, requirements or standards, but it also allows uh any defendant to get lawsuits dismissed by asserting preeemption.
▶ 1:03:39So I wonder is council is that the operation of the text of the current score act? Say for example if someone if an athlete wanted to bring a a claim for sexual harassment and state law currently allows them to do that. Would the score act preempt them from being able to bring that kind of suit?
▶ 1:04:02Thank you for the question. Uh section 10 on page 29 reads that no state or political subdivision of a state may maintain, enforce, prescribe or continue in any in effect any law, rule, regulation, requirement, standard or other provision.
▶ 1:04:17Having the force and effect of law that governs or regulates the compensation, payment, benefits, employment status, or eligibility of a student athlete, including a prospective student athlete with respect to participation in intercolgiate athletics, including any law, rule, regulation, requirement, standard, or other provision that relates to a right of a to the right of a student athlete to receive compensation or other payments or benefits directly or indirectly from any inst.
▶ 1:04:47institution, associated entity or individual, conference or interstate interccogiate athletic association.
▶ 1:04:54So is there a yes or no answer to my
▶ 1:04:57There's more. as 10 to limits or restricts a right provided to an institution, a conference or an interstate intercolgiate athletic association under this act and requires a release of or license to use the name, image and likeness rights of any individual participant or group of participant in an intercolgiate athletic
▶ 1:05:18Thank you, council. I because I read the the text and that it's complicated. That's why I wanted to just ask the that simple question. Um and I just that one example is a sexual harassment issue you know which there have been many cases like that unfortunately across So would this uh preeemption and the liability shield would it would it bar a student athlete from bringing that kind of claim that is currently authorized by by
▶ 1:05:48state law? uh as mentioned in section 10 preeemption section it's as it relates to the bill.
▶ 1:06:02So is that a yes or a no?
▶ 1:06:04It's as it relates to everything affformentioned. So governing compensation pay. What if there is an what if there's a um a coach or a staff member um sexually harasses a student athlete and there the state law says they can bring it but the institution then unfortunately happened as well the uh punishes the athlete because they want to protect the coach
▶ 1:06:35then are you and that impacts their ability to to receive compensation. Would would a student athlete be able to bring that kind of case or does under this broad preeemption and liability shield would that that suit never even make it uh never see the light of day?
▶ 1:06:55Be subject to a motion to dismiss.
▶ 1:06:57As mentioned, the preeemption section one, two, three, four, and otherwise related to this act. And then and then um at the end of the bill there is kind of a catchall provision that says uh that's very broad is otherwise related to this act. So that could be
▶ 1:07:21that could be very broad as well. So I do you see my question Mr. chairman on this that that this is we need to be careful with a very I think there is
▶ 1:07:32interest in having preeemption. Uh but if you're also I'm not interested in taking away the rights of student athletes that are sexually harassed, abused or if there is another say there's another cause of action for fraud. Um, so and I'm I'm the answer that I'm taking away from council's answer is yes, that those kind of cases could be barred from from
▶ 1:07:59Well, let's uh you know, I'll work with you on that because obviously that's not the intent.
▶ 1:08:05Uh so, uh
▶ 1:08:06thank you for between now and and the next markup. Okay.
▶ 1:08:10Thank you. I I
▶ 1:08:12appreciate that very much. Thank you.
▶ 1:08:14All right. Any further discussion? Yes, Mr. Soder, you're recognized.
▶ 1:08:20Thank you, Mr. Chairman. We all could agree college sports are fundamental to our American way of life. And I agree, we do need consistent rules of the road for name, image, and likeness in college sports, otherwise known as NIL. And uh I agree, we should have a revenue sharing pool to help out with these many sports. You mentioned that 16 uh different sports will be protected.
▶ 1:08:44In addition, authorizing NL NIL rights for students uh is critical uh and access to medical coverage, academic support, and scholarship protections. All important. However, exempting student athletes from state and federal labor laws proves fatal uh when we're looking at the limited liability conditions that those are also concerning. Uh this bill creates an official statutory monopoly for the NCAA after the Supreme Court struck that down.
▶ 1:09:13And while I'm supportive of that general principle, I don't think enough is given in return u by way of duties uh to give this uh fundamental distinction of being a monopoly. Uh this bill bans student athletes from first amendment rights to form unions uh also guaranteed by the National Labor Labor Relations Act. I I constantly hear we should be making government more like the private sector.
▶ 1:09:41Well, every major sports league has a players union. America loves our college sports. We love our college athletes. Uh and so let's ensure that our our student athletes, they have basic rights like the right to organize.
▶ 1:09:56The ability to negotiate and better liability rules will ensure this bill will be more flexible to the many challenges we foresee today and that we don't foresee in the future and also make it more likely uh that this bill becomes bipartisan and lasting. Uh, and so, uh, I'm deeply concerned today, but I'd like to get to yes, like a lot of us, uh, here today are talking about, whether it's the issues, uh, that are brought up by many of my colleagues or or this, uh, one point. So, I'm hoping, Mr.
▶ 1:10:26Chairman, uh, we can continue to work on this and maybe get a a bipartisan uh, product before we get to the full committee market. And I yield back.
▶ 1:10:37Uh, is there any further discussion?
▶ 1:10:40Yes, sir. Mr. Troy Hen, you're
▶ 1:10:43Um, thank you, Mr. Chair. I move to strike the last word. Yeah. Yeah. Move to strike the last word. Thank you. Um, and I just want to put a little bit of punctuation on what we're giving away and um the the process by which I would argue we should undertake before doing that.
▶ 1:11:01I mean, I have a hard time believing that if we grant the NCAA and powerful conferences the sweeping antirust exemption that currently exists in the bill, Congress is going to come back and revisit it if they overreach. I mean, once we give this shield to an organization like the NCAA, we won't get that power back.
▶ 1:11:21I would suggest that at the very least the very least we more narrowly tailor this exemption to precisely what's in the House settlement which is what the association initially asked for and that we institute uh we institute a sunset provision. We can make it 10 years to coincide with the expiration of the House settlement. We could make it nine years to line up with the NCAA's next media rights negotiation.
▶ 1:11:49Either way, let's make them prove to us that they deserve this shield. It will be a check on their power and a way for Congress to address issues that arise in college athletics over the next decade.
▶ 1:12:06I yield back.
▶ 1:12:08The gentle lady yields back if there's no further disc. Oh, Mr. Palone, you're recognized. Five minutes.
▶ 1:12:13Strike last word. I yield now to the gentleman from Florida, Miss Caster.
▶ 1:12:17Thank you, uh, Mr. poem for yielding the time. And I just wanted to say to Rep. Trayan, that is a great idea to to sunset something um that would kind of keep the pressure on the NCAA to do the right thing that would keep Congress involved our appropriate oversight authority and um Chairman Billis was was a sunset sunset considered before.
▶ 1:12:42We can always come back and and review it next year without putting these sunset clause in there. It's not in there now at this particular time.
▶ 1:12:50Okay. I was curious about that. I think that is I think that's that would be very smart. Um also, Mr. Chairman, I I wonder also what what is contained in the bill that encourages
▶ 1:13:06or incentivizes student athletes to actually get their college education.
▶ 1:13:12I I'm I'm just curious. A lot of folks at home when they say we're dealing with NIL and student athletes, a lot of people comment to me and say, you know, I'd really hope that that student athletes are not just professional athletes, that they are student athletes and they have the ability to to attend school.
▶ 1:13:35they're not just focused on sports, but they're that they they are able to obtain their college degree or or um
▶ 1:13:43and that's certainly our goal. Uh when you read the bill, there is language in there encouraging our amateur athletes. That's what they are and that's what we want to keep is the amateur status. Uh but there is language in there uh incentivizing, encouraging and helping uh with with studies uh with life lessons, what have you.
▶ 1:14:08Uh so I I believe that uh there's adequate language there incentivizing uh these athletes because after all that's what they're there for is getting a good education. So, if you'd like to if you can read the bill, I'll be happy to work with you. Yeah. Possibly to strengthen it, but I think it's
▶ 1:14:28Can the can the council point I'm curious because I read through it and what what can I share with folks back home that ask this question? What what is in the score act that really or encourages student athletes and institutions to focus on the education of of students? Thank you for the question, ma'am. Uh I believe that would be a policy question, but section five has certain requirements applicable to certain institutions.
▶ 1:14:57Um uh which includes providing comprehensive academic support and career counseling services to student athletes that include life skills development programs with respect to mental health including alcohol and substance abuse, strength and conditioning, nutrition, name image likeness rights including related legal advice, financial literacy including taxes, career readiness and counseling.
▶ 1:15:21uh the process for transferring between institutions sexual violence pro prevention uh subsection two provides medical and health benefits to student
▶ 1:15:31Thank you. Thank you council. So what I'm taking away that that you agree that that is an important goal and maybe we can work together to kind of hone in as we're going to be working with the other committee as well kind of hone in and see what kind of what else we can be doing to encourage u that these student athletes have every opportunity to attend class to get their college education and to obtain their
▶ 1:15:58That's that's the goal.
▶ 1:15:59That's definitely the goal.
▶ 1:16:00Okay. Thank you.
▶ 1:16:01All right. I yield back.
▶ 1:16:02Yeah. And our side wants to work with you on that as well, but again, you know, amateur athletes and uh so you want employment, all due respect. Uh but but then you want the amateur athletes and and the goal is obviously the priorities for them to get a good education. So I'll be happy to work with you on that.
▶ 1:16:27Anyone else?
▶ 1:16:28Yes. the chairman of the full committee. Is that correct?
▶ 1:16:33Oh. Oh, I I thought you had your hand up. I guess you didn't. All right, no problem. Yeah. Yeah, you you talk with your hands like I do. Uh, anyone else
▶ 1:16:44All right, let's go ahead and uh if there's no further discussion, the vote occurs on the amendment. All those in favor shall signify by saying I.
▶ 1:16:53I. I.
▶ 1:16:54All those opposed, nay.
▶ 1:16:57Okay, the naysay have it. and the amendment is not agre. Okay, the chair
▶ 1:17:02Okay, the chair requests a roll call vote. Uh, the gentle lady requests a a recorded vote. The clerk will call the Mr. Fulture,
▶ 1:17:17Mr. Fulture votes no. Mr. Dunn.
▶ 1:17:21Mr. Dunn votes no. Mrs. Kamik, Mr. Obernulty, Mr. Mr. Obernolulty votes no. Mr. James, Mr. Bence, Mr. Bence votes no. Mrs. Houchin, Mrs. Houchin votes no. Mr. Fry, Mr. Fry votes no. Mi Ms. Lee. Mr. Kain. Mr. Kane votes no.
▶ 1:17:52Mr. Evans. Mr. Evans votes no. Mr. Goldman. Mr. Mr. Goldman votes no. Mr. Guthrie. Mr. Guthrie votes no. Miss Shakowski
▶ 1:18:04Miss Shakowski votes I. Miss Caster.
▶ 1:18:08Miss Caster votes I. Mr. Sodto.
▶ 1:18:11Mr. Sodto votes I. Mr. Han. Mr. Han votes I. Mr. Mullen. Mr. Mullen votes I. Miss. Clark. Miss. Clark votes I. Mrs. Dingle. Mrs. Dingle votes I. Mr. VC. Miss Kelly, Miss Kelly votes I. Miss Shrier, Miss Shrier votes I. Mr. Palone, Mr. Palone votes I. Mr. Billis, Mr. Billis votes no.
▶ 1:18:41And I believe uh Miss Lee, how is Miss Lee recorded?
▶ 1:18:45Miss Lee is not recorded.
▶ 1:18:47Miss Lee votes no.
▶ 1:18:49Anyone else on on your on the Democrat side? Anybody on the Republican side? Okay. Okay. The amendment is not agreed to. Well, you can call Yeah, you can tell us exactly the yays and nays, please.
▶ 1:19:03Mr. Chairman, on that vote, there were 12 eyes or 10 eyes's and 12 nos.
▶ 1:19:08Okay. The amendment is not agreed to. Are there any further amendments? Yes, Miss Tran, you're recognized.
▶ 1:19:16Thank you, Mr. Chairman. I have an amendment at the desk titled Tran 27. The clerk will report the amendment.
▶ 1:19:26Amendment to HR4312 offered by Mr. Han. Page 18, strike line 6 through 22. Page 25. After line 15, insert the following and redesate sub subsequent sections accordingly. Section 8, enforcement. Without Yeah. Without objection, the reading of the amendment is dispensed with and gentle lady is recognized for five minutes in support of her amendment.
▶ 1:19:54Oh, thank you, Mr. Chairman. My amendment would give a athletes and enforcers real tools to hold bad actors accountable. It would allow the FTC to enforce the score act by treating violations as an unfair and deceptive act. It would also give state attorneys general the ability to bring civil action on behalf of student athletes enrolled at institutions in their states.
▶ 1:20:17And if government enforcers lag, under my amendment, athletes would possess a private right of action to seek relief when all other avenues fail. Listen, I appreciate the chairman's attempt to codify athletes NIL rights and institute baseline requirements on institutions, particularly on health and safety. And as I've made clear in this markup, although I think those provisions could go further, they are a reasonable start. But I must ask the obvious question.
▶ 1:20:45Regardless of the scope of athletes rights or the level of requirement on the NCAA or schools, where is the enforcement? What if schools infringe on an athletes NIL right? What if a university fails to uphold its health and safety commitments? And especially if we're granting broad exemptions from antirust liability, how else can violations be held to account?
▶ 1:21:12A right that is legally uninforcable is not a right at all. It's just words on a piece of paper. And I know that my friends on the other side of the aisle understand this because just two months ago, we moved a piece of legislation called the Take It Down Act through this committee. The Take It Down Act, which was later signed into law, didn't just require online platforms to take down non-consensual in intimate imagery.
▶ 1:21:38Its authors explicitly task the FTC with enforcement authority. I suspect it's because they knew that without enforcement, the bill would just be a bunch of empty requirements. My amendment would set up a modest enforcement mechanism for the SCORE Act at the federal, state, and individual level. It would simply ensure that the rights and requirements in the bill aren't left toothless by a der of enforcement. Thank you, Mr. Chairman. I yield back.
▶ 1:22:06Thank you. And uh any further discussion on the amendment? Mr. Fry, you're
▶ 1:22:10Mr. Chairman, thank you. I move to strike the last word.
▶ 1:22:12You're recognized.
▶ 1:22:14Mr. Chairman, the score act would create a muchneeded national framework for college sports that offers the stability, clarity, and transparency that stakeholders, including college athletes themselves, have been calling for. The proposed amendment, however, would undermine the score act and put college athletics on an unsustainable ground, much like they currently are now. The amendment creates a new private right of action that enriches trial lawyers rather than protecting students.
▶ 1:22:38And if you look at the recent House settlement, half a billion dollars went to the pockets of the lawyers visav attorney fees. Think about that. Half a billion dollars that could have gone to supporting hardworking college athletes instead of paying for a lawyer's second home. This amendment should be titled uh the trial lawyer protection amendment. Uh the score act puts students front and center. This amendments put puts trial attorneys front and center. I urge my colleagues to vote now.
▶ 1:23:05Will the gentleman yield?
▶ 1:23:09Will the gentleman yield?
▶ 1:23:10I yield back to the chair.
▶ 1:23:15Any further discussion on the amendment? Yeah, you're you're recognized, Miss K.
▶ 1:23:20Thank you very much, Mr. Chairman. Um, I think Rep. Tran's amendment is very well taken because here we have a with the house settlement uh the the court and the score act you have a total rew rewrite of college athletics. So now universities can directly pay student athletes.
▶ 1:23:44uh you're this is setting up uh along with the h the settlement the court settlement revenue sharing uh and then athletes can also still have outside name image and likeness deals. Okay. So what happens under revenue sharing if a u college or university says okay we're going to pay this student athlete and they never do. What is the recourse?
▶ 1:24:14Because they're reading reading the score act. That was one thing that really jumped out to me. Okay. What is what's the how do how does a student athlete appeal a decision or enforce this? And there's just nothing there. And then if you read it along with that very broad preeemption u section and liability shield, there really is no recourse at all for for the student athletes. So I think this is a this is a an important question. It's a reasonable question.
▶ 1:24:44Do you if you really are want to help student athletes, this is just something that's that's fairly routine. Um Mr. Chairman, is this something else another one of the issues that we can possibly work on together before the hearing uh the markup next week?
▶ 1:25:02We'll discuss it. But I will tell you this that uh basically if the if the school violates uh this particular policy that's in in the bill, the the antirust exemption will be removed.
▶ 1:25:16That's why and that's a well that's a good point, too. That kind of goes back to Rep. Tran's previous amendment on or idea on sunsetting this. That might that might be one avenue, but I'll yield the the balance of my time to Rep Tran.
▶ 1:25:30Uh thank you.
▶ 1:25:31You're recognized. Thank you, Congresswoman, for yielding. I just want to make sure I heard that right. How what is going to be the governance in terms of revoking the anti?
▶ 1:25:39Well, I'm making a statement and it's in the in the bill the particular bill at hand that if there's a violation of this particular uh legislation by the school, then the anti-rust exemption will be removed. So that's that's an enforcement mechanism as far as I'm concerned.
▶ 1:26:01So I would have a lot of questions and maybe we can work this out in the time I guess it's a week uh that we have between now and uh when this gets marked up full committee. I mean there isn't a plan for enforcement. What I'm unclear on is who's actually going to bring that violation? Who's actually going to enforce that violation?
▶ 1:26:19And then the exemption that gets revoked is that a the whole antirust exemption that is applying to the commit to the conferences and to the NCAA is no longer I mean I don't I don't read the bill that way. So I just want to get clear.
▶ 1:26:36Let's again I want to talk to you about
▶ 1:26:39So uh let's set a time.
▶ 1:26:41I just I just want to make we are
▶ 1:26:43No, no, listen. you're making a
▶ 1:26:45Okay. I appreciate that request and and uh let's let's make it better uh if we possibly can.
▶ 1:26:52and one thing that I just while I have the time because I want to compel the rest of the committee on this, there is no enforcement mechanism. There is no recourse right now for states or for individuals. There is a liability shield into perpetuity with no sunset, no revisiting by Congress. And so I want us all to, you know, understand that deeply before we go ahead and
▶ 1:27:18because it doesn't feel pro player to me. It doesn't feel like this is an extension of athletes rights. It feels like we're putting a couple of modest player protections in a bill on based on what we know right now and not being able to revisit it later and not giving them tools to advocate for themselves.
▶ 1:27:39Lady will yield. I I'll be happy to work with you on this, but again, if the terms of the agreement is violated, the antirust exemption will be removed. So, uh I think there is an enforcement mechanism, but uh we can have further discussion. Mr. Chair,
▶ 1:27:57I think this was I think this was my time and
▶ 1:28:00that with all due respect, Mr. Chairman, that's not going to be good enough for the student athlete that doesn't want to get into it for revocation of the whole liability sheet. They just want fairness. They want to be paid what they entered into. They want enforcement of the contract. They want their scholarship that they were promised. That's it's that kind of basic student enforcement. And I'll yield to the chairman of the committee.
▶ 1:28:22Well, general lady's time has expired. I'm going to recognize the chairman of the full committee. Mr.
▶ 1:28:27So, my understanding how it works, and I'm talking to my my good friend here, Mr. Friday on the judiciary committee who's worked on the judiciary side of this is uh so currently I know that there's been schools that advertise we're going to pay this player $9 million that's one real example and then the money never comes to fruition it never happens or a player takes money and they show up at a school then they transfer before the end of the the year and that's supposed to try to get a handle on that where schools deliver what they promise and then players live up to their contract.
▶ 1:28:54So my understanding is as the you know the NIL contracts are individuals. So I if I'm a great athlete and you got to tie it I mean if you're the the star player at Kentucky you're probably worth more money than if you're star player at another school but uh not in again basketball. So that that increases your value. I get it. But those are individual contracts with individual groups.
▶ 1:29:15So the the revenue sharing, my understanding is schools are going to have contracts with these students and so the students can so this doesn't un this doesn't supersede any contract. So if if a player chooses to come to University of Kentucky and said here's your $500,000 for playing here and then they don't pay then they still have rights and contracts. Understand that to my council here.
▶ 1:29:37Will the gentleman yield?
▶ 1:29:38Sure. I I understand
▶ 1:29:39that's what we want to have happen. So we need to make sure you're recognized. I think that the score act would then need need to spell that out and then they're they're thinking through all of those situations for the student athletes and the institutions on how they're how they're going to enforce. But right now it's it's it's silent on that.
▶ 1:30:00Well, it I mean this doesn't spell out I mean it's like it doesn't contract law still contract law. So, I know you're
▶ 1:30:07but not not when you have a broad preeemption uh where you're the language says you're preempting all state laws, rules, regulations. Uh so that needs to obviously needs to be clarified because that would not be consistent with um my understanding or your understanding.
▶ 1:30:22Okay, I'll yield to my friend from South
▶ 1:30:24Thank you, Mr. Chair, for yielding. I think the liability shield actually just talks about antitrust laws or other similar state laws related to antitrust. I don't think to the chairman's point earlier, uh if you have a violation of a uh of a contract, you still have a private right of action to to enforce the terms of that contract. And so I think we're getting ahead of our skis here. Uh this deals with antirust uh specifically or similar rules, laws, and regulations on on books uh for for states.
▶ 1:30:52But for a traditional violation of contract, those things would still be in play.
▶ 1:30:55I see my good friend from Massachusetts pitch in to say something right ahead. Well, because we're we're ignoring the combination of the liability shield and preeemption. Uh so I I just don't understand like what recourse does the athlete have when you have those two together. And maybe the general counsel would just um read the liability section seven because that's where it all becomes very vague but yet very clear that there is no enforcement mechanism and there is no recourse for the
▶ 1:31:27You're recognized.
▶ 1:31:27Thank you. Thank you ma'am. Uh section 7 liability limitation compliance with this act and the adoption of agreement to compliance with or enforcement of any rule, regulation, requirement, standard or other provision established established pursuant to or in compliance with this act shall be treated as lawful under the antitrust laws and any similar state law, rule, regulation, requirement, standard or other provision having the force and effect of law.
▶ 1:31:53And so then I would just ask the question I don't mean to interrupt but who determines compliance with
▶ 1:32:00so I can in the definition section antitrust laws the term antitrust laws has the meaning given to such term in the first section of the Clayton act 15 US code 12 and section five of the federal trade commission act 15 US code 45 to the extent that such section five applies to unfair methods of competition
▶ 1:32:19the court
▶ 1:32:20still not clear on who who is going to determine determine
▶ 1:32:26who's going to be compliant with this. I mean, I I think that is where we need to start this conversation. Uh if we're going we can continue to debate uh this amendment, but I would just argue that we need it's it's silent on that. There is no enforcement mechanism in this bill. There is no recourse for athletes if there's no injunctive relief. There's nothing. They have no place to go.
▶ 1:32:50if all the things that we spell out in this bill, which are meager at best, are are are not are not honored.
▶ 1:32:59Okay. Well, again, uh
▶ 1:33:02yeah, thanks.
▶ 1:33:03Chairman wants to address this.
▶ 1:33:04Well, so it's still my time. So, uh I uh we're looking at we want to make sure this is clarified. So, so the idea is that you have currently schools promising players money not delivering. You have players receiving money and then transferring.
▶ 1:33:17That's the current. So, we're trying to even the playing field where um there can be contracts. Now, the the limit is the 20 million that can be revenue shared by the school and how that's divided up by contract and um we just need to make sure. So, that's for your points are well taken and we want to make sure the law does what we want it the bill does what we are all expecting it to do or hoping that it does or want it to do and we need to make sure the language is clear.
▶ 1:33:44Uh it says compliance what what my chairman was talking about it says compliance with the act and doctrine of agreement. So you have to comply with the act to get the protections. Um and that would be somebody could sue and go to court have a right of action say the school is not complying with the act. So that um but we need if we need to cl be more clear then we can do that. We can work on it
▶ 1:34:06I pledge to you.
▶ 1:34:07I'll yield back my time.
▶ 1:34:08We will work on this together because
▶ 1:34:10I'll yield back chair.
▶ 1:34:11Yeah. Yeah. All right. Uh I'm going to re and again uh you know like what Mr. Fry said this is contract law uh and you have a private right of action uh we're not taking that away with regard to the contract. All right I'll yield uh five minutes to the chairman or the ranking member of the full committee Mr.
▶ 1:34:30Thank you. Thank you Mr. Chairman. You know, I I want to go back to my opening statement in light of the debate that we've had here for the last couple of hours and then ask um the chairman, I guess, of the full committee um you know, an issue here.
▶ 1:34:48Um, you know, what I said in my opening statement was that I believe very strongly that the courts had uh basically framed what's been going on now with college athletes and the issues that the score act tries to address and that there was we shouldn't get in the way. In other words, I don't think we should have a bill at all.
▶ 1:35:08uh because I think that the he this the history of of college sports and the NCA is to simply exploit the athletes and that exploitation I'm afraid would continue uh with this bill. We'd be much better off letting the courts and and you know what we've had now for the last few years continue to frame um to to set the framework. Uh anything else I I worry uh would simply lead to more exploitation of athletes.
▶ 1:35:38Um I heard the gentleman from South Carolina, no disrespect, you know, criticize the fact that um NCA and the colleges spending so much money on lawyers. Well, the only reason that we've had success and the and ended the exploitation to some extent um of ath of college athletes is because uh they've been able to go to the courts and use the lawyers and make their case. Uh you know, that's what the system's all about. That's what the rule of law is all about in democracy.
▶ 1:36:09Um so to suggest that somehow that's a bad thing because the colleges or NCA has to spend money, well that's too bad. They were the bad guys. They were the ones that were exploited in the athletes. They should have been spending money defending themselves. Unfortunately, they failed no matter how much money they spent. Um, setting this framework legislatively I don't believe is going to help.
▶ 1:36:29However, I do recognize that many of my colleagues on the Democratic side do feel that if this bill was amended and it was clarified, and that's what the debate has been about uh for the last two hours, that they might be willing to support the bill. Uh the problem that I see though is that my understanding, Mr. Chairman, Chairman Guthrie, is that you know, you're ready to go to full committee on this next week because after that we have the August recess.
▶ 1:36:56I would ask um you know, you don't have to say yes now, but I would ask that that not happen. I think it's quite clear based on the debate uh that this bill is not ready to go to the full committee. And if you're seeking to have members and even possibly myself, um, you know, support a bill, there have to be some major changes and major clarification of what is going on here, which is not the case.
▶ 1:37:23So, I would ask, you don't have to answer now, that we not go to full committee. This is not ready uh at this point. Um, I'm sure the rest of the debate today will will even make that more clear. Um, if you'd like to if I'd yield to the the chairman if he likes, but you don't have to answer,
▶ 1:37:42And I'm not going to commit to a schedule on this, but you're it's under I take your comments under advisable. We want to get this right. Uh, we want to make sure it's it's correct. We feel like we have a a strong bill. If we need to clarify what the intent I I I do believe because it says that you have to comply with the act to get these protections. If you go through the act, you have to provide comprehensive after sport, medical benefits, grant an aid, provide student athletes.
▶ 1:38:05there's have you have to have it if you go to have 12 varsity sports as we're only going to have 12 because we can't afford 16 you're not complying with the act. So I I think it's in there but we we'll take the time to make sure we get it right and I'm not going to commit to a timeline because we we need to discuss it but I appreciate your comments.
▶ 1:38:23Thank you, Mr. Chairman. I I yield back. Um Mr. Chairman,
▶ 1:38:27gentleman yields back. And again, uh I think we're doing pretty well here today uh in these discussions and this markup uh and making the bill even better. So the input has been uh very productive as far as I'm concerned. So we need to move forward. Uh we have the the uh ranking member of the subcommittee, Mr. Shakowski, is recognized for five
▶ 1:38:53Mr. Chairman, I think it's so clear now um through all the u discussion um and the uh issues that have been raised on the Democratic side that this bill is not ready for prime time.
▶ 1:39:09And it seems to me that if we want to have a bill that really addresses the needs of our uh the the needs that we've been talking about that we cannot say that this should be voted on and I think that we need to agree to that and not to uh move ahead until we get these questions all answered.
▶ 1:39:38They're all very very relevant and uh it would be a mistake to move
▶ 1:39:47I let me remind the lady if the lady gentle lady will yield that this is a bipartisan bill. Uh and I know there are several several members on the Democrat side that are interested uh in co-sponsoring the bill. Uh and they've told me that uh they're really happy with the product, but they want to work further with us. Uh so I think we're making a great deal of progress and I really think that the system is broken and it does require legislation. Okay.
▶ 1:40:16Uh will the gentle lady yield? She yields back.
▶ 1:40:21You yield back. Okay. Uh if there's no further discussion, the vote occurs on the amendment. All those in favor shall signify by saying
▶ 1:40:33All those opposed? Nay.
▶ 1:40:35Mr. Chairman, we want a roll call.
▶ 1:40:36Okay. The gentleman uh requests a roll call vote. So, uh we'll the clerk will call the role.
▶ 1:40:46Mr. Fulture.
▶ 1:40:48Mr. Fulture votes no. Mr. Dunn, Mrs. Kamik, Mr. Obernalty, Mr. Obernalty votes no. Mr. James, Mr. Bence. Mr. Bence votes no. Mrs. Mr. Fry. Mr. Fry votes no.
▶ 1:41:15Ms. Lee.
▶ 1:41:17Ms. Lee votes no. Mr. Kain. Mr. Kane. Mr. Kane votes no. Mr. Evans. Mr. Evans votes no. Mr. Goldman. Mr. Mr. Goldman votes no. Mr. Guthrie,
▶ 1:41:35Mr. Guthrie votes no. Miss Shakowski,
▶ 1:41:39M Shakowski votes I. Miss Caster,
▶ 1:41:43Miss Caster votes I. Mr. Sodto,
▶ 1:41:46Mr. Sodto votes I. Mr. Han.
▶ 1:41:49Mr. Han votes I. Mr. Mullen.
▶ 1:41:52Mr. Mullen votes I. Miss. Clark. Miss. Clark votes I. Mrs. Dingle. Mrs. Dingle votes I. Mr. Vzy, Miss Kelly, Miss Shrier,
▶ 1:42:10Miss Shrier votes I. Mr. Palone,
▶ 1:42:14Mr. Palone votes I.
▶ 1:42:16Chairman Billis,
▶ 1:42:19Chairman Billis votes no.
▶ 1:42:23Mr. Dunn is not recorded.
▶ 1:42:26Mr. Dunn votes no.
▶ 1:42:29Mrs. Miss Houchin is not recorded. Miss Houchin votes no.
▶ 1:42:35Mr. James is not recorded. Mr. James votes no.
▶ 1:42:40Here. We're good.
▶ 1:42:42Miss Kelly, how is she recording?
▶ 1:42:43Miss Kelly is not recorded. Miss Kelly votes I.
▶ 1:42:49All right. Uh, the clerk will report the Mr. Chairman, on that vote there were 10 eyes and 13 nos.
▶ 1:43:08The amendment is not agreed to. Are there further amendments?
▶ 1:43:15Mr. Chairman,
▶ 1:43:19M. Trey.
▶ 1:43:21Thank you, Mr. Chairman. I have an amendment at the desk titled Trean 24.
▶ 1:43:33Thank you, Mr. Chairman. This amendment in Okay,
▶ 1:43:38clerk will report the amendment.
▶ 1:43:41amendment to HR 4312 offered by Mr. Han. Page 29, strike line one and all that follows through line three on page 30 and insert the following. Section 10, preeemption, no state or political subdivision.
▶ 1:43:57Objection. The reading of the amendment is dispensed with. The gentle lady is recognized for five minutes in support of the amendment.
▶ 1:44:03Thank you, Mr. Chairman. This amendment ensures that while the score act would preempt conflicting state laws and bring regulatory clarity for athletes and institutions. It also includes a savings clause that is a deliberate carve out allowing states to go further in protecting college athletes and strengthening their rights if states so choose. As I mentioned earlier, the current preeemption language creates a low ceiling for athlete protections.
▶ 1:44:30It effectively blocks states from enacting laws that build on this bill's foundation and offer stronger safeguards to student athletes. Right now, 32 states, red, blue, and purple alike, have passed laws that reflect the will of their constituents and the needs of college athletes in their jurisdictions. Those state laws have been passed in good faith to protect young athletes. They would be wiped off the books if this bill becomes law in its current form.
▶ 1:45:01And any future attempts by states to raise the bar would be prohibited as Now, I understand the init the intent behind preeemption to bring order to the patchwork of laws governing name, image, and likeness. Uh, you know, and as as a former college athlete and a firstg generation college graduate, I appreciate that goal.
▶ 1:45:23I know how overwhelming it would be to navigate a complex legal landscape on top of choosing a school, weighing scholarship offers, and thinking about your future both on and off the court. But we can achieve national consistency without undermining states rights or suppressing stronger protections. That's why I'm offering this amendment to make clear that the SCORE Act should be a floor and not a ceiling.
▶ 1:45:49It should establish baseline rights for college athletes nationwide while giving states the freedom to do more. I appreciate the chairman's willingness to engage on this issue when we spoke yesterday. I hope we can either adopt this amendment today or use it as a starting point for improvements as this bill moves through the legislative process. I urge my colleagues to support this amendment and to stand with student athletes across the country. Thank you, Mr. Chairman. I yield back.
▶ 1:46:19I want to thank my colleague from Massachusetts for offering this amendment. The preeemption language in section 10 of the score act is critical to the overall integrity of this legislation. Without a clear uniform national framework, we risk continuing the Patrick ester state laws that is already creating confusion and uncertainty for student athletes, universities, and athletic associations across the country. That said, I hear the gentle lady's concerns. I believe this is an area where we can find common ground. Remain committed to working in a bipartisan manner to get this right.
▶ 1:46:49Therefore, I would respectfully ask the gentle lady if she would be willing to withdraw her amendment today so that we can continue working together in good faith to address her concerns prior to the committee markup.
▶ 1:47:00I I appreciate that offer and I accept. I'll withdraw the amendment.
▶ 1:47:10Any further discussion on this Go ahead.
▶ 1:47:20This has been withdrawn. Is there any other amendments?
▶ 1:47:26Mr. Mullen,
▶ 1:47:27where are we?
▶ 1:47:29Mr. Mullen is recognized.
▶ 1:47:33Thank you, Mr. Chair. Uh, I have an amendment at the desk_026.
▶ 1:47:39Clerk will read the amendment. We report the amendment. Amendment to HR4312 offered by Mr. Mullen, page 17, line
▶ 1:47:50Without objection, the reading of the amendment is dispensed with. The gentleman is recognized for five minutes in support of the amendment.
▶ 1:47:56Thank you, Mr. Chairman. The college sports landscape is changing at a breakneck pace. And through all this change, Congress is entering the frey to determine what the federal government's role will be in this new landscape. I'm deeply concerned that the score act prioritizes regulatory certainty for schools and athletic conferences over protections for college athletes. That is particularly evident in the bill's lack of provisions to prevent abuses from predatory agents.
▶ 1:48:23This bill, as written, only requires agents to register with athletic associations. A name on a list doesn't protect a student from a predatory contract or a bad actor with hidden conflicts of interest. My amendment co-led by Mr. VC aims to close this serious gap in the score act to better protect college athletes from predatory agents. Thank you to Mr. VC for your partnership on this important issue.
▶ 1:48:48First, my amendment would codify that agents representing college athletes have a fiduciary duty to act in the best interests of their clients. College athletes are often teenagers and young adults who have limited experience when it comes to fully understanding contracts or financial arrangements. As they navigate this increasingly complex landscape, their agents should be legally obligated to put the athletes interests first, just like any other financial representative.
▶ 1:49:16Second, my amendment would direct the FTC to study the implications of establishing an independent entity to certify and regulate agents who represent college athletes. In professional leagues like the NFL or the NBA, players associations regulate agents. If professional sports already recognize the importance of independent oversight of agents, it is only logical that we examine how a similar structure could work in college sports.
▶ 1:49:45My amendment ensures that college athletes have proper representation. I urge adoption of the amendment and I yield back.
▶ 1:49:52Would I would the gentleman yield to me remaining time?
▶ 1:49:56Mr. Mullen.
▶ 1:49:57Yes. Yielding to
▶ 1:49:58I just wanted to uh support the amendment because it addresses a real issue facing college athletes and some athletes who are even younger. The issue of these sleazy agents talking young clients into contracts that are not in the client's best interest. The SCORE Act does not provide meaningful protections for athletes against greedy agents or predatory contracts. And this amendment offers two common sense first steps to addressing these problems.
▶ 1:50:25First, it requires that an agent act in the best interests of the athlete. And second, it directs the federal uh trade commission to conduct a study of how we can best create a third-party certification process for agents. So this amendment offers important steps in the right direction of protecting college athletes from agents acting in bad faith and they are out there. So I urge my colleagues to support the amendment and yield back to Mr. Mullen. Thank you.
▶ 1:50:54Thank you. The chairman does recognize and thank the gentleman from California for offering this amendment and uh this is another one of those areas where we believe there is there is common ground and uh would uh suggest and respectfully ask the gentleman from California you'd be willing to withdraw with the commitment to work forward on this moving forward
▶ 1:51:15with that commitment Mr. Chair. Yes, certainly I'll withdraw.
▶ 1:51:19Thank you. appreciate your willingness so much to to uh cooperate on this. Is there any further amendments? Okay, seeing none, question now occurs on forwarding HR 4312 to the full committee. All those in favor say I. those both
▶ 1:51:50with that with that uh incredible response. All those opposed? No.
▶ 1:51:55No. No. On a roll call, Mr.
▶ 1:51:57You guys have the bills agreed to. Excuse me. That a roll call has been Clerk will call a roll. Mr. Fulture. Mr. Fulture votes I. Mr. Dunn. Mr. Mr. Dunn votes I. Mrs. Kamik Mr. Obernulty Mr.
▶ 1:52:24James Mr. James
▶ 1:52:31Mr. James votes I. Mr. Benz Mr. Benz votes I. Mrs. Houchin Mrs. Houchin votes I. Mr. Fry.
▶ 1:52:42Mr. Fry votes I. Ms. Lee.
▶ 1:52:45Ms. Lee votes I. Mr. Kaine. Mr. Kane votes I. Mr. Evans. Mr. Goldman. Mr. Guthrie.
▶ 1:53:00Mr. Guthrie votes I. Miss Shakowski. Miss Shakowski votes no. Miss Caster. M. Caster votes no. Mr. Sodto. Mr. Sodto votes no. Mr. Mr. Han, no.
▶ 1:53:16Mr. Han votes no. Mr. Mullen, Mr. Mullen votes no. Miss Clark, Miss Clark votes no. Mrs. Dingle, Mrs. Dingle votes no. Mr. Vzy,
▶ 1:53:32Mr. Vzy votes no. Miss Kelly, Miss Kelly votes no. Miss Shrier, Miss Shrier votes no. Mr. Palone, Mr. Palone votes no. Mr. Mr. Billis votes I.
▶ 1:53:52Mr. Goldman reported Mr. Goldman is not Mr. Goldman votes I.
▶ 1:54:35Miss Houchin reported. How's Miss Hin Miss Hton is recorded as I
▶ 1:55:07How is Mr. Guthrie uh reported?
▶ 1:55:14Mr. Guthrie is recorded as I
▶ 1:55:16Thank you. Thank you, Mr. Guthrie.
▶ 1:55:24Has Mr. Billis reported?
▶ 1:55:29Mr. Billis is recorded as I
▶ 1:55:32Thank you. I'm sorry.
▶ 1:56:09Come on. How's Mr. Obernalty recorded?
▶ 1:56:35Mr. Obernulti is not recorded.
▶ 1:56:39Mr. Obernalty votes I.
▶ 1:56:44Clerk will call a roll. Mr. Fultra, on that vote, there were 12 eyes and 11 nos. With the eyes having it, the bill is Without objection, staff is authorized to make technical and confirming changes to the legislation approved by the committee today. So ordered. Without objection, the committee stands