Business Meeting

Education and Workforce MarkupsHouse Energy and Commerce · July 15, 2025 · 119th Congress
The Energy and Commerce Subcommittee on Innovation, Data, and Commerce (joined by leadership from Education and Workforce and Judiciary) met to mark up H.R. Begins at ▶ 0:09:11
Transcript
Highlights

Title

Subcommittee markup of the SCORE Act college athletics NIL bill

Purpose

The Energy and Commerce Subcommittee on Innovation, Data, and Commerce (joined by leadership from Education and Workforce and Judiciary) met to mark up H.R. 4312, the SCORE Act, a bipartisan bill establishing a national framework for college athlete name, image, and likeness (NIL) rights, revenue sharing, agent regulation, and antitrust protections for the NCAA and conferences. Members debated three Democratic amendments addressing antitrust liability, enforcement mechanisms, and state-law preemption, and two Republican amendments on agent fiduciary duty; most were withdrawn or defeated before the bill was forwarded to full committee on a party-line vote. Begins at▶ 0:09:11

Who spoke

• Chairman Gus Bilirakis (R-FL)▶ 0:09:11: Opened the markup, framed the SCORE Act as bipartisan legislation building on years of hearings and stakeholder input▶ 0:09:11, and later ruled on points of order and amendment votes throughout the session.

• Rep. Jan Schakowsky (D-IL), Subcommittee Ranking Member▶ 0:12:59: Said the bill as drafted does more for the NCAA than for athletes and called for closer examination of its protections▶ 0:14:19; later argued the bill is "not ready for prime time"▶ 1:38:53.

• Chairman Brett Guthrie (R-KY), Full Committee Chair▶ 0:15:01: Said the bill delivers protections, clarity, and uniformity after the House v. NCAA settlement's $20.5 million-per-school cap▶ 0:15:31; later affirmed Title IX would remain fully in effect and not be superseded by the bill▶ 0:54:21, and defended the antitrust "revocation" enforcement concept▶ 1:25:16.

• Rep. Frank Pallone (D-NJ), Full Committee Ranking Member▶ 0:17:42: Argued the markup misdirects attention from Trump administration cuts to NIH research and student aid▶ 0:18:12; said the bill lets the NCAA claw back court-won athlete protections and caps player pay while allowing unlimited school spending on facilities and coaches▶ 0:20:36; later urged delaying full-committee action, saying the bill "is not ready"▶ 1:36:56.

• Rep. Lori Trahan (D-MA)▶ 0:23:03: Said the bill grants sweeping NCAA power while shielding it from lawsuits, state law, and FTC/state AG enforcement▶ 0:23:30, and offers no relief for Title IX roster cuts, international athletes' visa-barred NIL, or long-term injury coverage▶ 0:23:55; offered amendments to strike the antitrust exemption, employee ban, and preemption provisions▶ 0:46:15, to add FTC/state AG/private enforcement▶ 1:19:16, and to add a state-law savings clause, later withdrawn after Guthrie's commitment to keep working▶ 1:46:19; cited NCAA lawyers' 2024 invocation of the 13th Amendment's slavery exception in Johnson v. NCAA▶ 0:47:14.

• Rep. Kathy Castor (D-FL)▶ 0:25:52: Connected the markup to broader cuts to Pell Grants and student loans in the recent reconciliation bill▶ 0:26:30; pressed committee counsel on whether the preemption/liability shield would bar a sexual-harassment lawsuit under state law, eliciting an answer that such a suit "would be subject to a motion to dismiss"▶ 1:06:55.

• Rep. Russ Fry (R-SC)▶ 0:29:43: Argued the bill provides needed guardrails against an NIL "Wild West" via liability protection and federal preemption▶ 0:30:15; raised (then withdrew) a point of order against Trahan's antitrust-exemption amendment as outside committee jurisdiction▶ 0:50:03; opposed Trahan's enforcement amendment as a "trial lawyer protection amendment," citing $500 million in attorney fees from the House settlement▶ 1:22:38.

• Rep. Debbie Dingle (D-MI)▶ 0:29:16: Described talking with University of Michigan athletes, including quarterback Bryce Underwood, who said "nobody ever talks to us"▶ 0:33:47; called for stronger Title IX/gender-equity language, protection of Olympic and non-revenue sports, and a narrower antitrust exemption▶ 0:35:00▶ 0:37:28.

• Rep. Neal Dunn (R-FL) [voted at 1:17:21]: Voted no on Democratic amendments and yes on final passage; no floor remarks recorded.

• Rep. Kat Cammack (R-FL): Listed on roll calls; no floor remarks recorded.

• Rep. Buddy Carter/Obernolte (R-CA): Voted no on amendments and yes on final passage▶ 1:56:39; no substantive remarks recorded.

• Rep. John James (R-MI): Voted yes on final passage▶ 1:52:31; no floor remarks recorded.

• Rep. Jen Kiggans/Bence (R-VA): Voted no on amendments▶ 1:16:37; no floor remarks recorded.

• Rep. Erin Houchin (R-IN): Voted no on amendments and yes on final passage▶ 1:54:35; no floor remarks recorded.

• Rep. Summer Lee (D-PA): Voted no on Trahan's first amendment and yes on final passage per roll call▶ 1:41:15; no floor remarks recorded.

• Rep. Troy/Kean (R-NJ): Voted no on amendments▶ 1:17:52; no floor remarks recorded.

• Rep. Evans (R): Voted no on amendments▶ 1:17:57; no floor remarks recorded.

• Rep. Craig Goldman (R-TX): Voted no on amendments and yes on final passage▶ 1:54:20; no floor remarks recorded.

• Rep. Yvette Clarke (D-NY)▶ 0:40:39: Said the bill would better be called the "NCAA Wish List Act"▶ 0:41:05; argued the antitrust exemption removes the only leverage (lawsuits) that produced recent athlete gains, citing the new College Sports Commission rejecting appearance-fee deals▶ 0:42:52; re-offered similar arguments on a second amendment▶ 0:59:23.

• Rep. Marcus Molinaro/"Mullen" (R-NY)▶ 0:38:20: Raised concerns about "haves and have-nots" among colleges and reserved further discussion for the following week▶ 0:39:26; later offered an amendment (with Rep. Vasquez) requiring agents to hold fiduciary duty to athletes and directing an FTC study of agent certification▶ 1:47:39, later withdrawn after a commitment to keep working▶ 1:51:15.

• Rep. Robert Garcia/"VC" (D-NM)▶ 1:49:57: Supported Mullen's agent-fiduciary-duty amendment, citing "sleazy agents" pushing bad contracts on young athletes▶ 1:50:25.

• Rep. Greg Landsman/"Soder" (D-OH)▶ 1:08:20: Supported consistent NIL rules and the 16-sport revenue-sharing floor but objected to banning athletes from unionizing under the NLRA, comparing it to every major pro sports league having a players' union▶ 1:09:41.

• Rep. Kathy Castor / unnamed member questioning Title IX▶ 0:52:25: Asked whether the bill's NIL/compensation provisions would override Title IX; Guthrie confirmed no intent to supersede it▶ 0:54:21▶ 0:54:31.

• Committee counsel▶ 1:04:02: Read section 10's preemption language barring state laws governing student-athlete compensation, benefits, employment status, or eligibility▶ 1:04:17, and confirmed a hypothetical harassment-related suit tied to compensation impacts "would be subject to a motion to dismiss"▶ 1:06:55.

Key moments

• Pallone said the House v. NCAA settlement set a salary cap of $20.5 million per school and argued the SCORE Act shuts down athletes' ability to seek further protection in courts or state legislatures while letting schools spend unlimited sums on coaches, facilities, and travel▶ 0:20:12▶ 0:20:36.

• Trahan cited NCAA attorneys' 2024 use of the 13th Amendment's slavery exception in Johnson v. NCAA to argue athletes are more like prison labor than employees, as grounds for stripping the bill's antitrust exemption▶ 0:47:14.

• Fry raised a point of order that Trahan's amendment (striking the employee-status ban) exceeded committee jurisdiction under Rule 10; after extended debate on Title IX and revenue-sharing distribution, the chair sustained the point of order▶ 0:58:16.

• Castor pressed committee counsel on whether the bill's preemption and liability shield would bar a sexual-harassment lawsuit by an athlete under state law; counsel's answer implied such a suit "would be subject to a motion to dismiss"▶ 1:06:04▶ 1:06:55.

• Trahan's amendment to add FTC, state attorney general, and private-right-of-action enforcement failed 10-13 on a recorded vote▶ 1:43:08.

• Trahan's amendment striking the antitrust exemption, employment ban, and preemption provisions failed 10-12 on a recorded vote▶ 1:19:03.

• Fry noted roughly half a billion dollars from the House settlement went to attorneys' fees, arguing Trahan's enforcement amendment would primarily benefit trial lawyers▶ 1:22:38.

• Guthrie said violation of the bill's terms by a school would result in removal of its antitrust exemption as the enforcement mechanism, though Trahan and Castor pressed repeatedly on who would determine and enforce compliance▶ 1:25:02▶ 1:26:19.

• Trahan's savings-clause amendment allowing states to enact stronger athlete protections was withdrawn after Guthrie asked her to work with the committee before the next markup▶ 1:46:49▶ 1:47:00.

• The committee voted to forward H.R. 4312 to the full committee by a recorded roll call of 12 ayes to 11 noes▶ 1:56:39.

Metadata

CommitteeHouse Energy and Commerce
Chamber / CongressHouse · 119th Congress
DateJuly 15, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript440 caption blocks · 16,087 words · 1:57:14 runtime
EventCongress.gov 118509