Business Meeting

Education and Workforce MarkupsHouse Energy and Commerce · 2025-07-15 · 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enforcement mechanisms, and state-law preemption, and two Republican amendments on agent fiduciary duty; most were withdrawn or defeated before the bill was forwarded to full committee on a party-line vote.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 at0:09:11

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 input0:09:11, and later ruled on points of order and amendment votes throughout the session.

Rep. Jan Schakowsky (D-IL), Subcommittee Ranking Member0:12:59: Said the bill as drafted does more for the NCAA than for athletes and called for closer examination of its protections0:14:19; later argued the bill is "not ready for prime time"1:38:53.

Chairman Brett Guthrie (R-KY), Full Committee Chair0:15:01: Said the bill delivers protections, clarity, and uniformity after the House v. NCAA settlement's $20.5 million-per-school cap0:15:31; later affirmed Title IX would remain fully in effect and not be superseded by the bill0:54:21, and defended the antitrust "revocation" enforcement concept1:25:16.

Rep. Frank Pallone (D-NJ), Full Committee Ranking Member0:17:42: Argued the markup misdirects attention from Trump administration cuts to NIH research and student aid0:18:12; said the bill lets the NCAA claw back court-won athlete protections and caps player pay while allowing unlimited school spending on facilities and coaches0:20:36; 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 enforcement0:23:30, and offers no relief for Title IX roster cuts, international athletes' visa-barred NIL, or long-term injury coverage0:23:55; offered amendments to strike the antitrust exemption, employee ban, and preemption provisions0:46:15, to add FTC/state AG/private enforcement1:19:16, and to add a state-law savings clause, later withdrawn after Guthrie's commitment to keep working1:46:19; cited NCAA lawyers' 2024 invocation of the 13th Amendment's slavery exception in Johnson v. NCAA0:47:14.

Rep. Kathy Castor (D-FL)0:25:52: Connected the markup to broader cuts to Pell Grants and student loans in the recent reconciliation bill0:26:30; 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 preemption0:30:15; raised (then withdrew) a point of order against Trahan's antitrust-exemption amendment as outside committee jurisdiction0:50:03; opposed Trahan's enforcement amendment as a "trial lawyer protection amendment," citing $500 million in attorney fees from the House settlement1:22:38.

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 exemption0:35:000:37:28.

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 passage1:56:39; no substantive remarks recorded.

Rep. John James (R-MI): Voted yes on final passage1:52:31; no floor remarks recorded.

Rep. Jen Kiggans/Bence (R-VA): Voted no on amendments1:16:37; no floor remarks recorded.

Rep. Erin Houchin (R-IN): Voted no on amendments and yes on final passage1:54:35; no floor remarks recorded.

Rep. Summer Lee (D-PA): Voted no on Trahan's first amendment and yes on final passage per roll call1:41:15; no floor remarks recorded.

Rep. Troy/Kean (R-NJ): Voted no on amendments1:17:52; no floor remarks recorded.

Rep. Evans (R): Voted no on amendments1:17:57; no floor remarks recorded.

Rep. Craig Goldman (R-TX): Voted no on amendments and yes on final passage1:54:20; 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 deals0:42:52; re-offered similar arguments on a second amendment0:59:23.

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 week0:39:26; later offered an amendment (with Rep. Vasquez) requiring agents to hold fiduciary duty to athletes and directing an FTC study of agent certification1:47:39, later withdrawn after a commitment to keep working1:51:15.

Rep. Robert Garcia/"VC" (D-NM)1:49:57: Supported Mullen's agent-fiduciary-duty amendment, citing "sleazy agents" pushing bad contracts on young athletes1:50:25.

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' union1:09:41.

Rep. Kathy Castor / unnamed member questioning Title IX0:52:25: Asked whether the bill's NIL/compensation provisions would override Title IX; Guthrie confirmed no intent to supersede it0:54:210:54:31.

Committee counsel1:04:02: Read section 10's preemption language barring state laws governing student-athlete compensation, benefits, employment status, or eligibility1:04:17, 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 travel0:20:120:20:36.

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 exemption0:47:14.

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 order0:58:16.

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"1:06:041:06:55.

Trahan's amendment to add FTC, state attorney general, and private-right-of-action enforcement failed 10-13 on a recorded vote1:43:08.

Trahan's amendment striking the antitrust exemption, employment ban, and preemption provisions failed 10-12 on a recorded vote1:19:03.

Fry noted roughly half a billion dollars from the House settlement went to attorneys' fees, arguing Trahan's enforcement amendment would primarily benefit trial lawyers1:22:38.

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 compliance1:25:021:26:19.

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 markup1:46:491:47:00.

The committee voted to forward H.R. 4312 to the full committee by a recorded roll call of 12 ayes to 11 noes1:56:39.

Metadata

CommitteeHouse Energy and Commerce
Chamber / CongressHouse · 119th Congress
Date2025-07-15
TypeMeeting
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript440 caption blocks · 16,087 words · 1:57:14 runtime
EventCongress.gov 118509