▶ 0:03:33to order. A quorum is present. Uh the committee meets today pursuant to notice to consider five bills. The chair announces that requests for recorded votes may be postponed pursuant to clause two of rule uh rule 11 of the rules of the house of representatives and committee rule 14B. Without objection, the chair may recess the committee at any point today. The committee will be marking up five important pieces of legislation.
▶ 0:04:03HR 1319, the Modern Worker Empowerment Act, supports independent contractors by clearly defining the line between employee and independent contractor under the Fair Labor Standards Act and the National Labor Relations Act. As expert witnesses have told the subcommittee on workforce protections, many businesses have experienced administrative whiplash from regulatory changes affecting independent workers.
▶ 0:04:32The Modern Worker Empowerment Act will provide certainty for many businesses and independent contractors by using a similar framework that the Trump Department of Labor finalized uh in I'd like to thank the American Trucking Associations for their strong support and acknowledge the independent workers who came to join us here today. We'll also consider HR 1320, the Modern Worker Security Act.
▶ 0:05:02This legislation will provide a safe harbor for businesses offering certain benefits to independent contractors which are usually reserved for W2 employees. The government should avoid creating fear and uncertainty among independent contractors about reclassification as employees, especially because the vast majority of these workers have made it clear they do not wish to become employees.
▶ 0:05:29This bill will remove illogical disincentives to providing independent workers with benefits. I'd like to thank Congressman Kylie for leading both these bills and for his expertise and passion on this issue. The next bill authored by Congressman Comr is HR 4366, the Save Local Businesses Act, which protects the opportunity for all workers to pursue the American dream.
▶ 0:05:58Specifically, this legislation will set one common sense joint employer test so that job creators will have clarity about the law uh of what the law is and certainty for the future. For too long, we've allowed the National Labor Relations Board and DO to determine their respective joint employer tests, resulting in tests that change with every presidential administration.
▶ 0:06:23The Biden Harris administration's joint deployer standard created immense in uncertainty and imposed massive costs on thousands of businesses nationwide. The safe local business act will reverse the damage done by the Biden Harris administration and allow Americans, especially Americans in the franchise industry to start and grow their businesses without fear or uncertainty.
▶ 0:06:51We'll next consider HR4312, the Student Compensation and Opportunity Through Rights and Endorsement Act, led by Representative Gus Berakus, House Republican Conference Chairwoman Lisa Mlan as well, whose work on this issue is much appreciated, myself and many others. The SCORE Act, a bipartisan bill, brings much neededed stability to college athletics.
▶ 0:07:16Since the NCAA lifted name, image, and likeness, and transfer rules in 2021, college athletics have been in a period of chaos and con as constant litigation and efforts to classify student athletes as employees jeopardize thousands of academic and athletic opportunities.
▶ 0:07:39restores order by establishing a national framework for ath athlete clarifying that student athletes are not employees and granting athletic associations authority to enforce consistent rules.
▶ 0:07:55Additionally, the score act protects student athletes ability to earn NIL compensation and ensures universities provide academic support, degree completion programs, financial literacy, and preparation for life after sports.
▶ 0:08:13HR4312 upholds the tradition of college sports by delivering a sustainable framework and protects broad-based academic and athletic opportunities for student Finally, we'll consider HR 4307, the Enhancing Detection of Human Trafficking Act.
▶ 0:08:33This bipartisan bill authored by myself and Congresswoman Mcbath will help DO fight human trafficking and protect vulnerable adults and children. Specifically, this legislation directs the Secretary of Labor to educate DO enforcement personnel on trafficking, ensures DO personnel have the tools they need to detect cases of forced labor or sexual exploitation as they investigate employment law violations.
▶ 0:09:03establishes a clear framework for DO employees to assist law enforcement in prosecution and prevention efforts and requires DO to provide an annual report to Congress on its efforts to combat human trafficking which will help guide this committee's future oversight With that, I yield to the ranking member for an opening statement.
▶ 0:09:28Thank you, Mr. Chairman. Mr. Chairman, today we'll consider five bills, four of which I'm concerned conflict with the priorities of American workers. Now, after passing the one big ugly law, which sacrifices health coverage for over 10 million Americans to pay for tax cuts for the ultra wealthy, committee Republicans are now seeking to advance a number of bills which should make it harder for Americans to make ends meet and care for themselves and their families.
▶ 0:09:56First two bills we'll consider, HR 1319 and 1320, will create more loopholes for employers to skirt their responsibility to provide fair play, safe working conditions, and employee benefits. The uh HR 1319, the so-called modern worker empowerment act, amends the Fair Labor Standards Act and the National Labor Relations Act to establish a single and far too narrow test to determine whether an individual is an independent contractor or
▶ 0:10:27an employee. By narrowing the scope of the FLSA and the NLA, this bill makes it more difficult for workers who have been misclassified as independent contractors to receive overtime pay, fair wages, and other basic rights under the law. I cannot overstate the harm this bill will inflict on workers and communities alike. by cottifying the pervasive trend of employers to mclassifying their employees as independent contractor.
▶ 0:10:56This bill strips workers of their basic wage and hour protections and leaves law-abiding businesses at a competitive disadvantage. Independent contractors do not get the same uh protection and benefits as employees such as minimum wage, overtime, unemployment compensation, workers comp, access to employee health care and and pensions, OSHA protection, and the right to organize.
▶ 0:11:23And also, this bill would rob state and local governments of revenue at a time when states must deal with devastating health and food assistance cuts due to the president's one big ugly law. Next, HR 1320, the so-called Modern Worker Security Act, fights a problem that doesn't even exist.
▶ 0:11:42It purports to allow businesses to offer some compensation other than cash to their independent contractors without transforming their business relationship into an employment arrangement under federal law. The problem with that framing is that there is no such problem. There's no law that prohibits companies from offering so-called portable benefits to independent contractors. There's no reason to believe that these benefits would establish an employee relationship.
▶ 0:12:10Meanwhile, this bill actually does nothing to promote the offering of non-cash benefits to contractors. National Employment Law Project put it best when it said, and I quote, "What this bill does is legitimize a corporate-driven model where savings accounts with meager contributions from corporations are touted as portable benefits.
▶ 0:12:31Congress must reject these fake portable benefit proposals and instead bolster our existing insurance-based portable benefit system." instead of rolling back labor protections and legitimizing a system where app-based workers must settle for poultry savings accounts instead of actual benefits." Next, we will consider HR 4366, the Save Local Businesses Act, which does just the opposite of what it names name suggests.
▶ 0:13:01By rewriting the rules on who counts as a joint employer, this bill strips workers of protections they've relied on for decades and leaves small businesses responsible for actions taken by completely different company. If more than one company controls your job, both should be held accountable when under the joint employer laws.
▶ 0:13:22This bill lets the real decision makers off the hook and makes it harder for workers to effect fight back when they are underpaid, mistreated or ignored at the at the bargaining table and even creates a situation where technically no one could be the employer. Employees may be, for example, able to prove that they were not paid overtime, but none of the employers, not the temp agency, nor the business where they actually work qualifies as the responsible employer.
▶ 0:13:51So, nobody's on the hook for the fact that the employees were not paid overtime because nobody's an employer. It also continues a troubling trend in a Republican policy of late, making child labor violations easier. Congress intentionally used a broad definition of employment in the Fair Labor Standards Act because it was borrowing lang language from early state child labor laws.
▶ 0:14:15State lawmakers frequently found that businesses would splinter themselves through contracting and subcontracting to benefit from child labor without penalty. A fac a factory owner might lease the factory to an operator who in turn would retain an independent contractor to provide workers. But state courts would hold the owners accountable in such schemes by applying the same broad language the drafters of the of FSA used to define employment.
▶ 0:14:45This bill, however, would def would narrow that definition, turning the clock back to a time when child when children did not benefit from the broadest possible protection of the law. Uh, next, we'll consider HR 4312, the Score Act, which seeks to regulate college athletes and the name, image, and likeness marketplace. While we can all agree that Congress needs to step in to protect students from abuse and exploitation, this legislation misses the mark.
▶ 0:15:13Instead of holding the revenuer rich NCAA and its powerful conferences accountable, the SCORE Act provides a series of blank checks and bailouts that will not uplift uplift or protect college athletes. This bill imposes obligations without oversight, fails to include contra concrete protections, and outright bans college athletes from ever having labor or employment protections.
▶ 0:15:40This extreme employment ban will not only open the door for further exploitation of college athletes and protect athletic departments bottom lines more than the students they serve. It is a broad stripping of athletes rights. Um and that is should not be the solution. Um it it it also whatever um rights athletes have under the bill, there's no apparent way for them to enforce those rights.
▶ 0:16:10However, there is another solution. If in institutions don't want college athletes to be employees, they shouldn't treat them like employees. Lastly, we'll consider HR4304, the Enhancing Detection of Human Trafficking Act. This bipartisan bill led by you, Mr. chairman and representative from Georgia, Miss McBath, ensures that the Department of Labor continues training staff to spot and report human trafficking.
▶ 0:16:36Wage and our division inspectors, for example, have long been trained to identify red flags of human trafficking, including confis confisation of identification, withholding of documents or pay, restriction of movement or communication of employees and threats. No one should be forced to work under threats, abuse or coercion. And this proposal will ensure that DO continues this vital work.
▶ 0:17:03I support the proposal and encourage my colleagues to do so as well. However, it is is worth noting that this proposal does nothing to protect federal investments in fighting worker exploitation. Given that the administration is currently seeking to cut staff and resources at the very agencies task at stopping human trafficking and has repeatedly made immigration communities less safe in ways that push victims even further into the shadows much more is needed and I hope to work with
▶ 0:17:33colleagues across the aisle to do more to protect programs that stop human trafficking. These reasons uh Mr. Chairman, I oppose four of the bills to be considered today in support one of them and encourage my colleagues to do the same. I yield back. I thank the gentleman.
▶ 0:17:53Without objection, all other members who wish to insert written opening statements into the record may do so by submitting them to the committee clerk electronically by the end of the day today. Pursuant to the House rules, a copy of the text to be marked up was made available to members and the public at least 24 hours in advance.
▶ 0:18:14The bills being marked up today shall be open to amendment at any point, and the chair will allow members to offer amendments in a manner not prohibited by House or committee rules. Without objection, members who have more than one amendment to the bills and wish to offer their amendments on block may do so. The committee will now proceed to consideration of the bill HR 1319 for amendment. The clerk uh the bill was circulated in advance and printed copies are available.
▶ 0:18:43The clerk shall designate the bill.
▶ 0:18:46HR 1319, a bill to amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee and for other purposes. Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point. And any amendment offered shall be considered as read. For what reason does Representative Kylie seek to be
▶ 0:19:16Mr. Chairman, I have an amendment at the
▶ 0:19:18The clerk shall designate the amendment in the nature of a substitute?
▶ 0:19:22Amendment in the nature of a substitute to HR 1319 offered by Mr. Kylie of California. identifier Kylie_1319s.
▶ 0:19:33Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in a nature of a substitute has already been distributed. I now recognize Mr. Kylie for five minutes to explain the amendment in the nature of a substitute.
▶ 0:19:49Thank you, Mr. Chair. Tens of millions of Americans choose to be independent contractors. They do so because they value the flexibility. They value the ability to choose their own hours and work environment. They choose to be independent contractors for a whole host of reasons.
▶ 0:20:06And yet, states like California, principally California, my own state, have enacted harsh anti-worker laws that threaten the livelihood of independent workers, making it in some cases nearly impossible to pursue their livelihood by placing severe limits on independent contracting.
▶ 0:20:26Indeed, a recent study by the Mercus Center found in states where these restrictive laws were enacted, traditional employment dropped by 4.7%, self-employment fell by 6.4% and overall employment dropped by 4.8% when compared to states using a common law standard. Back to my own state, California now has the highest unemployment rate in the entire country.
▶ 0:20:50On a federal level, studies estimate a total national cost of $17 billion if just 15% of independent contractors are reclassified and 57 billion if 50% are reclassified.
▶ 0:21:07Despite the clear negative effects these laws have, former acting labor secretary Julie Sue uh enacted an independent contractor rule that was a California style ABC test in disguise. The rule used six primary factors for an independent contractor to prove their status, but also included unnamed additional factors that could also be used to deem an independent contractor supposedly mclassified.
▶ 0:21:38The patchwork of regulations, court decisions, and state laws and rules have made it difficult for independent contractors to trust that the government won't renew their efforts at what one witness aptly termed freelance busting. The Modern Worker Empowerment Act offers a simple solution. The bill would clearly draw the line between independent contractor and employee, giving workers more predictability and job creators more certainty.
▶ 0:22:04It amends both the Fair Labor Standards Act and the N National Labor Relations Act to clarify exactly where the line is while protecting the flexibility that independent contractors enjoy. It simply restores the common law, common sense, intuitive standard that creators, independent contractors, businesses uh across a whole host of industries have relied on throughout our history.
▶ 0:22:30This amendment in the nature of a substitute makes technical changes to the bill and I urge my colleagues to support the Modern Worker Empowerment Act. I yield Are there any members who wish to be recognized for further discussion? Mr. Scott, you are recognized for five minutes. Thank you. Um, thank you, Mr. Chairman. Mr.
▶ 0:22:52Chairman, HR 1319, the so-called modern worker empowerment act would radically rewrite the standard under which workers are classified as employees and thus guaranteed important workplace protections. This bill amends the Fair Labor Standards Act and the N National Labor Relations Act to create a significantly narrowed employment test that makes it easy for corporations to workers as independent uh independent contractors or independent business owners rather
▶ 0:23:22than their employees. When workers are mclassified as independent contractors rather than employees, they're not simply they're not simply filling out a different tax form. Lis classified workers are denied a host of workplace rights and protections including minimum minimum wage, overtime, family and medical leave, right to join and form a union, uh unemployment compensation, workers compensation, or access to employee health and pension plans, mclassification of payroll
▶ 0:23:52flawed already a rampant problem with as many as 30% of companies illegally labeling some workers as independent contractors. In order to cut down labor cost and taxes, employees uh employers do this just to save money, putting those legitimate businesses who follow the rules at a competitive disadvantage. This bill is a roadmap to supercharging mclassification through throughout the economy.
▶ 0:24:20Any workers who exercise discretion in the way they do their job would be risk would be at risk of being mclassified as an independent contractor. So, think about the nutritionists who work for health care facilities whose job is to tailor mals individually for patients or nurses who work at hospitals who routinely make all manner of decisions for patient care, especially in emergencies, or the bartender at your neighborhood pub who might exercise discretion on how to deal with certain customers.
▶ 0:24:50There are many jobs where workers exercise control over the way their workers performed and where bosses may exercise control over the performance more broadly. And under this bill, it would be easy to kick those workers out of employment and labor protections just by labeling them as independent contractors.
▶ 0:25:09At a time when over half Americans are living paycheck to paycheck, rents are skyrocketing, and 40% of Americans don't have retirement accounts, Congress should not be making it easier for work for companies to exploit their workers and harm their ability to make ends meet. I'm confident that no one has a problem with workers being mclassified as independent contractors if they are truly in business for themselves and can leverage their services to negotiate compensation for the terms of a contract.
▶ 0:25:40However, this bill would hurt almost all legitimate independent contractors like certain truck drivers by letting companies get away with exerting more control and rules on independent contractors without triggering employment liability. This bill takes us in the wrong d direction which is why I strongly urge my colleagues to vote no on this bill. I yield back. I thank the gentlemen.
▶ 0:26:05Are there any other members who wish to be recognized for further discussion on the There being no further discussion on the amendment in the nature of a substitute, the committee will move to consideration of amendments. Are there any members who would like to offer amendments? Mr. Chairman, I have an amendment at the
▶ 0:26:35The gentle lady will be recognized for her amendment. The clerk will report the Amendment to the amendment in the nature of a substitute to HR1319 offered by Miss Ansari of Arizona identifier AMD_03.
▶ 0:26:53For what purpose does does the gentleman from Utah seek to be recognized?
▶ 0:26:57Mr. Chairman, I reserve a point of
▶ 0:26:59A point of order is reserved. I now recognize the gentle lady from Arizona for 5 minutes in support of her
▶ 0:27:06Thank you, Mr. Chairman. I agree with the sponsor of this bill on one thing, that our workforce can benefit enormously from flexibility at work. Where we differ is the assumption that flexibility can only be found in independent contracting. There is nothing in labor or employment law that forbids flexibility in work arrangements. Just think of the changes that have in only a few decades gone from revolutionary to normal. Job sharing, flex time, teleawwork.
▶ 0:27:34The only thing standing in the way of a flexible workplace is an inflexible boss. My worry with this bill, though, is that it would endanger all that working families have achieved in their demands for more flexible jobs. Under this bill, someone who has the ability to exercise professional judgment and has wiggle wiggle room to decide the details of the way their work is performed could be in danger of being pushed out of the protections our labor and employment laws provide.
▶ 0:28:01Obviously, someone who is teleawworking does not have a boss looking over their shoulder every second of every day. The bill has a list of factors that may not be used as evidence of an employment relationship. And every single one of those factors is a way that a business could demand more and exercise more control over people who are supposedly independent contractors.
▶ 0:28:23My amendment simply adds another factor to that list that flexible work arrangements cannot be used as evidence either way. Essentially, this amendment makes flexibility a neutral consideration. Independent contractors of course enjoy flexibility, but this amendment would make clear that employees can as well. And it protects people who currently enjoy flexible work arrangements in their jobs from potentially being kicked out of employment law and therefore the benefits they need to support their families.
▶ 0:28:53I hope that my colleagues across the aisle will agree that we've come too far to turn back the clock. Now modern workplaces can be very flexible workplaces and we need to respect that. I urge my colleagues to vote for this amendment and I yield back. Uh that does the gentleman from Utah insist on a point of order?
▶ 0:29:15I withdraw my point of order.
▶ 0:29:16The reservation is withdrawn. Uh does anyone seek recognition on the For what purposes the gentleman, ranking member seek recognition?
▶ 0:29:31I'll move to the last word.
▶ 0:29:34The gentleman is recognized for five
▶ 0:29:36Thank you. Um Mr. Jim and I agree with this amendment that uh says that workers should be able to find flexible work not just when they take a leap to start their own business but also through employment. We've seen tremendous innovations in the last few decades and flexible employment uh arrangements and the rise of software, phone apps and algorithms uh creates all kinds of new opportunities for employers to manage their staffing needs with employees who have flexibility to tailor their schedules to fit their lives.
▶ 0:30:06with these same tools can give less scrupulous actors the opportunity to mclassify workers as independent contractors. For example, one expert published research on the rise of app-based platforms that enable nurses to choose a hospital shift here or there, but but only if they agree to become independent contractors and not employees. They're also apps that do the same for bartenders, hosts, and fry cooks looking for an occasional uh restaurant shift.
▶ 0:30:37These workers have to give up their rights to fair wages and freedom from discrimination. You can't tell me that a nurse working a shift at a hospital or a fry cook in a restaurant is actually a small business. They are unquestionably still employees. Under the bill, however, the hospitals and restaurants could easily escape accountability by pointing out that these workers chose independent contractor life, thus taking the risk of entrepreneurship and that they manage their so-called business by controlling the schedule.
▶ 0:31:07This bill would put employees in flexible work arrangement at risk of losing their rights under the nation's employment labor laws. And this amendment simply makes clear that workplace flexibility is a neutral factor. It doesn't point to the direction of independent contractor. Doesn't mean that you're more likely to be an be an employee. It's neutral. And so as a result, this amendment will protect the ability of workers to find employment that is flexible but also protected under the nation's employment laws.
▶ 0:31:38So I think this is a good amendment should be supported. And I yield back.
▶ 0:31:44I thank the gentlemen. Uh are there any other members who wish to speak on the Seeing no, what is the gentleman from New York think to be recognized for?
▶ 0:32:04Thank you, Mr. Chair. Uh, I move to strike the last word and speak in opposition to the underlying bill, but I will say that I um uh do support uh the amendment and share Miss Ansari's views and would also uh continue to speak on the underlying bill with this time. I'm concerned about the impact it would have on working people in our national labor policy.
▶ 0:32:28This bill makes changes to long-standing labor law in a way that dangerously narrows the definition of employment for certain workers and strips them of protections such as overtime pay, minimum wage, and the right to organize. By changing the test used to classify workers, the bill opens the door for more employers to mclassify their workforce as independent contractors, not because of the nature of their work or that it has changed, but because it helps their bottom line.
▶ 0:32:58I was a former union president for almost eight years and I worked in a setting where individuals were working as independent contractors but they were denied benefits at times and uh their overtime wages never were delivered to them. Their schedules were changed. Their salary was reduced and these were all without due process.
▶ 0:33:21Alongside of them were individuals defined as employees and they had the same credentials and certification as their fellow uh individuals but they had the rights and the protections that were necessary and collectively bargained. I acknowledge that there are individuals who prefer the ex uh flexibility and autonomy of independent contractor work. There's certainly nothing wrong with that and I believe that choice should be respected.
▶ 0:33:51But the real risk here is the deliberate mclassification of employees as independent contractors. This is happening far too often across the country, especially in industries like construction, trucking, janitorial and cleaning services, home care, and others. This legislation will only add to the problem. We should remember that the Fair Labor Standards Act was intentionally written with a broad proworker definition of employment that allows for a wide range of factors to be considered by courts and federal agencies.
▶ 0:34:21This approach ensures that classification decisions reflect the economic realities of the work rather than rigid legal standards. This bill seems designed to circumvent traditional employment relationships and protections while weakening the enforcement tools available to address mclassification. For those reasons, I oppose the underlying bill and respectfully urge my colleagues to do the same. Thank you, Mr. Chair, and I yield back. I thank the gentleman.
▶ 0:34:50Does anyone else seek recognition on the If there's uh no further debate on the amendment, the question is on the amendment by the gentle lady from All in favor say I.
▶ 0:35:07All oppose. No. No. In the opinion of the chair, the nos have it and the amendment is not agreed to.
▶ 0:35:16Recorded vote has been requested. Pursuant to the chair's previous announcement, this vote will be Are there any further amendments to the amendment in the nature of a substitute to HR 1319? For what purposes, the gentle lady from Pennsylvania seek recognition?
▶ 0:35:33Mr. Chair, I have an amendment at the
▶ 0:35:35The clerk will designate the amendment.
▶ 0:35:38Amendment to the amendment in the nature of a substitute to HR 1319 offered by Miss Lee of Pennsylvania, identifier
▶ 0:35:48Does a gentleman from Utah seek to
▶ 0:35:51Mr. Chairman, I reserve point of order.
▶ 0:35:53A point of order is reserved. I now recognize the gentle lady from Pennsylvania uh for five minutes in support of her amendment.
▶ 0:36:02Thank you, Mr. Chair. Um it's a shame to call this bill the Modern Worker Empowerment Act when it takes away workers power to rely on the protections of our labor and employment laws by forcing far too many employees to be mclassified as independent contractors rather than employees. But if we truly want to empower workers, we can start by giving them the power to contest their status in a fair forum. Too many workers lack this power due to forced arbitration.
▶ 0:36:29I am offering uh this amendment to ensure that any workers subject to this terrible bill aren't forced to suffer the secondary indignity of forced arbitration. Force arbitration is when employers force their employees to go to a mediation in the forum the employer chooses before they can foul in aaa a case in a court uh to adjudicate their issue.
▶ 0:36:48Most employees who are subject to force arbitration have no idea this clause exists uh in their employment contract until their employer has wronged them or they're forced to pay mounted up uh upfront fees and prolong the time it'll take for them to seek justice. What's more, studies show that force arbitration heavily uh tilts uh the case outcomes in favor of the boss.
▶ 0:37:11For low wage workers without a union, arbitration is often a death sentence to their efforts to write a wrong committed by their employer. So, in a bill that is likely to mclassify many of these workers, let's ensure that they at the very least give these workers access to a fair trial uh in a court of law to challenge whether they are truly working as contractors or if they are actually employees. Uh so, I urge my uh colleagues to support my amendment. Uh thank you and I yield
▶ 0:37:38Thank the gentle lady. Does gentleman from Utah insist on this point of order?
▶ 0:37:42Yes, I I re withdraw my point of order.
▶ 0:37:45The reservation is withdrawn. Does anyone else seek recognition on this
▶ 0:37:52Uh, for what purposes? The gentle lady from Oregon seek recognition.
▶ 0:37:56I seek recognition to speak in favor of the amendment.
▶ 0:37:59The gentle lady is recognized for five
▶ 0:38:01Thank you, Mr. Chairman. Uh, I'm I'm speaking in support of Representative Lee's amendment today. Arbitration is an alternative to resolving disputes in the court system, and it makes sense when the parties entering into an arbitration agreement have equal bargaining power. That is not the case in an employer employee relationship typically. Uh and so this amendment uh I strongly support because it it gives workers the rights to have a dispute resolved in a court of law rather than in a forced arbitration.
▶ 0:38:30So I just want to support the amendment and encourage my colleagues to do the same and I yield back.
▶ 0:38:35I thank the gentle lady. Are there any others seeking recognition on this If not, the question is on the amendment by the gentle lady from uh Pennsylvania. All in favor say I.
▶ 0:38:56All oppose? No. No. In the opinion of the chair, the nos have it and the amendment is not agreed to.
▶ 0:39:04Recorded vote is requested. Pursuant to chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment in the nature of the substitute to HR 1319?
▶ 0:39:16Mr. Chairman, I have an amendment at the
▶ 0:39:22I I miss Omar. Uh I was just looking around to see where the voice was coming from. So, uh you're
▶ 0:39:29It's early in the morning. I'm not usually this quiet.
▶ 0:39:32You're recognized for 5 minutes on your
▶ 0:39:34Thank Thank you, Mr. Chairman. Uh HR 1319 is a deeply flawed and harmful bill that could strip millions of workers of basic rights and labor protection. The bill essentially states that if a worker is not under a significant control or has entrepreneurial discretion, then they can be classified as an independent contractor. But what does that actually mean?
▶ 0:40:00Does a truck driver who just picks a route now qualify it as an independent contractor? What about a nutritionist who tailor a diet program? Or a nurse who exercises professional judgment when treating patients or create creating their care plan? Under this bill, if you are using everyday discretion and judgment in how you do your job, it could mean that you are no longer considered an employee. That's absurd.
▶ 0:40:30My amendment fixes the bill's vague and sweeping language by clarifying that you cannot classify someone as an independent contractor just because they use the kind of routine discretion that nearly every worker does. As written, this bill would give dishonest employers a clear pathway to mclassify workers and avoid labor laws and tax obligations.
▶ 0:40:57But this discretion language is not the only poorly drafted or irresponsible section of HR1319. The entire bill is ruled with ambiguous corporate friendly language that defies legal president and economic realities. It could forcefully convert nurses, bartenders, or delivery drivers into independent contractors with no employment rights.
▶ 0:41:23And at at its core, this bill will cost millions of Americans, especially low-wage and gig workers, their right to fair pay, overtime, and basic workplace protection. I urge you to support this common sense amendment and to reject this reckless bill. I yield back.
▶ 0:41:45I thank the gentle lady. Does any member wish to speak on the amendment? Uh the gentleman from Virginia, the ranking member is recognized.
▶ 0:41:58Just very Thank you. Just very briefly, Mr. Chairman, this amendment respects the fact that many employees have jobs that require use of discretion as an ordinary and customary part of the job. Exercising that discretion should not strip them of their rights as employees. And for the those reasons and the reasons already expressed, I support this amendment and urge others to do the
▶ 0:42:26I thank the gentleman. Does anyone else wish to speak on the amendment? If not, I rec now recognize myself for five minutes. Uh HR1 1319 provides a clear and simple test in determining whether a worker is an employee or independent contractor.
▶ 0:42:48This legislation was introduced on behalf of the millions of delivery drivers, independent truckers, freelance journalists, and many more who choose to be independent entrepreneurs. In addition to the millions of independent contractors in these occupations, there are employees performing some of the same tasks.
▶ 0:43:09Despite the partial overlap of duties, there are other clearly defined lines that separate employees from independent But this amendment would maintain status quo with the regulatory whiplash experienced by individuals operating as independent contractors. For that reason, I will oppose this amendment and I urge other members to vote no as well.
▶ 0:43:42Being that there's no further debate on the amendment, uh the question is on the amendment by the gentle lady from Minnesota. All in favor say I.
▶ 0:43:53All oppose, no. No. In the opinion of the chair, the nos have it and the amendment is not agreed to.
▶ 0:44:06I ask for a recorded vote.
▶ 0:44:07A recorded vote is ordered pursuant to the chair's previous announcement. The vote will be postponed. Are there any further amendments to the amendment in the nature of substitute? I recognize the gentle lady from Oregon.
▶ 0:44:18Uh thank you, Mr. Chairman. I have an amendment at the desk. It is Bonamichi The clerk will report the amendment.
▶ 0:44:28Amendment to the amendment in the nature of a substitute to HR 1319 offered by Miss M Bonamichi of Oregon identifier
▶ 0:44:39Does the gentleman from Utah insist on
▶ 0:44:41I reserve a point of order.
▶ 0:44:42Point of order is reserved. I now recognize the gentle lady from Oregon for 5 minutes in support of her
▶ 0:44:49Thank you very much, Mr. Chairman. HR1 1319 seeks to change the definition of employment in the Fair Labor Standards Act. This changes who benefits from the minimum wage, who gets to earn overtime pay, and who is protected during break time to pump breast milk. But it also changes the rules around child labor. When the FLSA was passed, child labor was sadly not uncommon in the country. States tried to act on their own to stop it.
▶ 0:45:16groups like the National Consumers League tried to organize consumer pressure to stop it. It took congressional legislation to fundamentally fix the problem. Uh unfortunately, things have taken an ugly turn in recent years, starting in the first Trump administration and continuing into the early years of the Biden administration. There was a significant increase in child labor violations.
▶ 0:45:38According to the Labor Department data, the number of children involved in child labor skyrocketed nearly 300% from fiscal year 2015 to fiscal year 2024. And these are just the cases that have been detected. We read multiple news investigations of companies illegally employing children in dangerous jobs.
▶ 0:45:59Story after story of young children working overtight overnight shifts in meat packing plants, getting burned while handling dangerous chemicals, becoming seriously disabled after falling from roofs that they never should have been on in the first place. And even worse, some states are turning back their backs on child labor, weakening or repealing their child labor laws. That's going to put more pressure on the Department of Labor to protect children. But it's coming at a time when the Trump administration is trying to slash the department's budget.
▶ 0:46:29Florida Governor Ronda Santis re reportedly suggested that they should increase the number of hours kids can work because they'll need somebody to pick up the slack when immigrant workers are kicked out of the country. The Trump administration's nominee to become the Labor Department's chief lawyer has even recommended that federal rules should be weakened even when doing jobs that are highly hazardous. But that's not the end of it. We heard Secretary Chavez Dreamer testify here that she wanted to quote double down on child labor violations.
▶ 0:46:59That's good. But then she turned around and sent OM a draft rule that's going to change child labor rules. In light of where we've been going, I don't think it's going to be a surprise to anyone if that final rule when it sees the light of day turns out to be right in line with Project 2025 plan. So my amendment draws a line. This bill is unmistakably about weakening workers rights under the FLSA and the NLR.
▶ 0:47:25And this amendment will at least draw a line and keep the roll back of employment law from rolling over kids. It says simply that the new narrow test for who is an employee does not apply to kids. Our bedrock child labor law should remain as strong as the day it was passed in 1938. So, I urge my colleagues to vote for this common sense amendment to protect our nation's children, and I yield back.
▶ 0:47:51Thank the gentle lady. Does the gentleman from Utah?
▶ 0:47:54I withdraw my point of order.
▶ 0:47:56Point of order uh is is withdrawn. Does anyone else seek recognition on the If there is no further debate on the amendment, uh the question is on the amendment by the gentle lady from Oregon. All in favor say I.
▶ 0:48:20All oppose. No. No. In the opinion of the chair, the nose have it and the amendment is not agreed to.
▶ 0:48:27Mr. Chairman, I request a recorded vote.
▶ 0:48:29A roll call vote is ordered. Pursuant to the chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment in a nature of the substitute? For what purposes did the the ranking member, the gentleman from Virginia, seek to be
▶ 0:48:44Mr. Chairman, I have a unanimous consent request. Ask unanimous consent that three letters be entered into the record in opposition to the bill. One from the Mechanical Contractors Association of America, one from the AFL CIO and the other from the Association of Union
▶ 0:49:04Without objection, they will be entered. Hearing none, so done. Are there any other amendments to be offered? Seeing there are no further amendments to be offered, we will now move on to HR 1320 um
▶ 0:49:35and uh open that for consideration. Will the clerk designate the bill? HR 1320, a bill to ensure that the provision of portable v benefits to an individual is not considered in determining whether such individual is an employee of a person.
▶ 0:49:51Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Representative Kylie, for what purpose do you seek recognition?
▶ 0:50:10Mr. Chairman, I have an amendment at the
▶ 0:50:12The clerk shall designate the amendment in the nature of a substitute?
▶ 0:50:16Amendment in the nature of a substitute to HR1 1320 offered by Mr. Kylie of California, identifier Kylie 1320 ANS.
▶ 0:50:26Without objection, the amendment shall be considered original text for the purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mr. Kylie for five minutes to explain the amendment in the nature of a substitute. Mr. Kylie.
▶ 0:50:41Thank you, Mr. Chair. Uh today I'm presenting a very important piece of legislation, the Modern Worker Security Act, uh which really uh goes alongside the Modern Worker Empowerment Act uh that we just considered. Uh with the rise of service apps and all manner of other forms of self-employment, the number of independent contractors is at an all-time high. And the law really needs to evolve to address these workers uh unique needs.
▶ 0:51:07While independent contractors might in some cases have access to traditional W2 employee style benefits separately through another job through a spouse, many currently cannot access benefits as an independent contractor. And if they do, they in some cases actually risk being reclassified as a result, which might even make it uh no longer viable uh to pursue their line of work.
▶ 0:51:30The Fair Labor Standards Act was originally written uh for a 1930s work workforce that didn't envision the idea that over 70 million Americans would choose to operate independently or that ride sharing and food delivery apps uh would even exist. There needs to be a solution for these workers and the idea that we're simply going to convert them all into employees and all 70 million are going to lose their freedom uh to choose the time and place uh of their work.
▶ 0:51:59uh and they're all going to have to fit into uh a preassigned uh shift. That just doesn't work given the nature of our modern economy. The Modern Workers Security Act is a common step, common sense first step to allow independent contractors to access benefits that they can take with them as they pursue different types of work. It provides specifically a safe harbor for those who wish to offer or receive uh these kind of benefits.
▶ 0:52:27So, a business will no longer have to worry about the government reclassifying its independent contractors as employees simply because they were provided paid time off or a portable benefits account that they can take with them uh from uh each type of work uh that they do. So, this is really important and I think uh addresses some of the issues that were just bought up brought up uh with respect to the last bill that we considered.
▶ 0:52:52And when you talk to different types of high hiring entities that work with independent contractors, uh there are a lot who say we would love to be able to extend these type of retirement benefits or healthcare benefits or ever kind of benefits to those who uh work as independent contractors, but if they fear that if they do that will be used against them in some type of uh proceeding. It's kind of like no good deed goes unpunished.
▶ 0:53:18So this safe harbor is crucially important to enabling these benefits to actually be provided to these workers and so that they have that measure uh of security. So there are around 15 states that have enacted some form of a benefits program uh and announced a public private partnership or debated a proposal in the legislature and I hope we can build on that momentum uh with this important bill. The amendment in the nature of a substitute makes technical changes to the bill and I urge the committee to pass the modern worker security act.
▶ 0:53:48I yield back.
▶ 0:53:49I thank the gentleman. Are there any members who wish to be recognized for further discussion on the amendment and nature of a substitute? For what purposes the ranking member? The gentleman from Virginia seek to be
▶ 0:54:00Mr. Chairman, I move to second last
▶ 0:54:02Gentleman is recognized for five
▶ 0:54:04Mr. Chairman, this is bill is a curious exercise in solving a problem that does not exist. What the bill claims to do is allow businesses to compensate their independent contractors, not just in cash, but also in the form of some sorts of benefits that they re routinely offer to employees. Now, there's no law I'm aware of that prohibits businesses from providing compensation other than to other businesses through a means other than cash if the parties agree to it.
▶ 0:54:33The problem is supposedly that offering non-cash compensation will transfer a business relationship into an employment relationship. The form in which compensation is provided is not mentioned in the multiffactor factor test used under the fair labor standards act or the common law control test used in other laws.
▶ 0:54:54RS uses a multifactor test and the provision of non-cash benefits such as health and retirement does get a mention in that test but no single factor determines the result of the test so that any true arms length contracting relationship still should survive the overall test. But what kinds of benefits are being protected?
▶ 0:55:18The bill defines portable benefits so broadly that a business could do what one business recently did, namely pay some extra cash into a basic savings account and call that quote a portable benefit. That is not prohibited now and does not make an independent contractor an employee.
▶ 0:55:37So, I urge my colleagues to vote no on this amendment and instead focus with working with with um congressional Democrats to actually strengthen workers rights and benefits rather than this which doesn't appear to do much at all. I yield back.
▶ 0:55:56I thank the gentleman. Are there any other members who wish to speak on this amendment in the nature of a substitute? There being no further discussion on the amendment and the nature of substitute, the committee will move to consideration of amendments. Are there any members who would like to offer amendments? There being no amendments, the question now occurs on the amendment and the nature of a substitute HR 1320.
▶ 0:56:25All in favor say I. I. All oppose, no.
▶ 0:56:30No. In the opinion of the chair, the eyes have it and the amendment and the nature of the substitute is agreed to. We'll now move to consider the next For what purpose does the
▶ 0:57:02The committee will now proceed to consideration of the bill HR4366 for amendment. The bill was circulated in advance and printed copies are available. The clerk will designate the HR 4366, a bill to clarify the treatment of two or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.
▶ 0:57:27The bill was circulated in advance and printed copies are available. The clerk will uh designate the bill. Um the clerk has designated the bill. Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point and any amendment offered shall be considered as read. Does anyone seek to be recognized? Representative Ander, for what purpose do you seek recognition?
▶ 0:57:56Uh yes, Mr. Chairman, um to uh present uh HR 4366.
▶ 0:58:01The clerk shall designate the amendment in a nature of a substitute.
▶ 0:58:06Amendment in the nature of a substitute to HR 4366 offered by Mr. And of Missouri, identifier and_4366_s.
▶ 0:58:16Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mr. Ander for five minutes to explain the amendment and the nature of a
▶ 0:58:30Thank you, Mr. Chairman. The Biden Harris administration spent the last four years causing mayhem for job creators and workers across America. They adopted a rule that significantly affected the franchise industry and virtually any industry with contractor subcontractor relationships.
▶ 0:58:49In doing so, the Biden administration reversed the traditional standard of finding joint employer status only when one the when the franchiseor exerted direct and immediate control over the franchisees employees, disrupting the franchiseor franchisee relationship.
▶ 0:59:11Traditionally, are small businesses that that receive limited services and support from the Uh under the Biden rule, uh one one business is the uh is considered to be the joint employer could be considered to be a joint employer of the other business if the two entities share or jointly determine their employees essential terms. I'm sorry. into the traditional rule.
▶ 0:59:39One business is the joint employer of another business's employees if the two entities share or jointly determine their employees essential terms and conditions of What does this mean? It means more NRLB determinations uh favoring joint employer status. It means thousands of job creators share legal liability for the actions of businesses that do not actually supervise or even employees they do not actually supervise or see day-to-day.
▶ 1:00:09It means small business owners, independent contractors and the franchise industry suffering under the rules of the Biden Harris administration. That is why I'm proud to speak in favor of HR 4366, the Save Local Business Act, which amends the National Labor Relations Act and the Fair Labor Standards Act to consider an employ a company to be a joint employer if it shares employees with another entity and directly actually and immediately exercises significant control
▶ 1:00:39over the essential terms and conditions of employment for those shared employees. This direct and immediate control standard mirrors the 2000 2020 rule from the first Trump administration and does constitute the traditional standard. The bill also makes sure that control means control. A business has control over workers if it can hire and fire them, discipline them, decide how much to pay them and what benefits to offer them.
▶ 1:01:06Supervise them dayto-day and assign their work schedules positions and tasks. I thank Representative Comr for his leadership on this important bill and I urge adoption of the amendment amendment in the nature of a substitute which makes a technical change to the bill. I yield
▶ 1:01:23I thank the gentleman. Are there any members who wish to be recognized for further discussion on the amendment and nature of substitute? Representative Scott, do you wish to be recognized?
▶ 1:01:32Thank you. I move to second the last
▶ 1:01:35You are recognized for five minutes on the bill.
▶ 1:01:37Thank you, Mr. Chairman. Mr. Mr. Chairman, the Save the Local Businesses Act would eviscerate workers rights and protections under the National Labor Relations Act and the Fair Labor Standards Act by allowing large corporations to evade accountability when they violate labor unemployment laws such as by stealing workers wages, hiring children for dangerous jobs, and firing pro-UN workers.
▶ 1:02:00It also weaken the ability of workers unions to negotiate a fair and full contract, improving their working conditions. This bill has been considered by this committee time and time again, and the reality of its impact remains the same. It's bad for working people, and it's bad for small businesses who could be left liable for another employer's action.
▶ 1:02:22The labor and employment laws have long protected workers who have joint employers, uh, which is when more than one entity controls the terms and conditions of employment. Strong joint employment standard under the NLA ensures that workers can collectively bargain with the parties that actually control the terms and conditions of employment.
▶ 1:02:43If one is hired by a temp agency which in contracts with a work site to provide employees and that work site in that contract sets the salary. the contract. Um the it is useless for the union to try to negotiate a a salary increase with the temp agency. They're locked in. It's the work site that set the salary.
▶ 1:03:07So if you're not able to negotiate with the joint employer, you don't really have any right to um to negotiate. The proworker joint employment standard under the FLSA ensures that appropriate companies can be held accountable for violations pertaining to everything from wage theft to equal pay to oppressive child labor.
▶ 1:03:30Joint employment is becoming more common with the rise of the what they call fissured workplace where firms increasingly use overlapping agreements of contracting, subcontracting, and temp agencies which has weakened workers bargaining rights and allowed large corporations to avoid bargaining and liability for violating labor laws.
▶ 1:03:50Millions of Americans, including janitors, housekeepers, cooks, and many others who are employed through some contractors or temp agencies, are at risk of being exploited by employers trying to evade liability through workplace fishering. And the bill we are considering today would make the problem worse. HR 4366 radically rewrites both the NLR and the FLSA by adding new narrow definitions of what is a joint employer.
▶ 1:04:18Under the legislation, a person may be a joint employer only if they directly and actually and immediately exercise significant control over specific terms of employment, including hiring, firing, and determination determining rates of pay and benefits, day-to-day supervision, assigning work schedules, positions, and task, and administering discipline.
▶ 1:04:41If an int if an entity controls all of these terms except one, then they may not be a joint employer under the definition and even if the uh entity determines rates of pay, it may not be liable for wage theft under the FLSA if they don't meet the other standards. Alternatively, the entity could have control over all the terms, but it if it exercises that control indirectly through the subcontractor, then the entity may still be immune from any liability under this bill.
▶ 1:05:11Under the NLR, this would a union's right to negotiate with entities that actually control the terms and conditions of work. Even more alarmingly, under this bill, it could be the case that employees have no employers who are liable for li for wage violations. That's because no employer met all of the conditions to be a joint employer. That could set off chaos and employ impose needless harms to workers trying to navigate our legal system.
▶ 1:05:42To put into context how this bill empowers large corporations and the working working people, the Economic Policy Institute estimated that a similar NLRB regulation that was finalized under the first Trump administration would transfer $1.3 billion each year from workers paychecks to their boss's pockets. This not only not only this bill protect large companies at the expense of workers, it could also hurt small businesses.
▶ 1:06:08This bill would insulate large franchisers franchiseors from liability while leaving franchises solely on the hook for decisions required by the franchiseor. If the franchiseor mandates a policy that could violate the NLRA or FLSA, the franchisee is forced to accept shared control without shared responsibility.
▶ 1:06:32We should be standing up for workers and small business off uh owners, not passing legislation that makes it easy to easier to exploit them. So, I urge my colleagues to vote no on the bill and yield back the balance of my time.
▶ 1:06:45Gentleman's time is expired. Um, are there any other members who wish to be recognized? The gentle lady from Oregon, you wish to be recognized?
▶ 1:06:53Yes. Uh, Mr. Chairman, I'd like to speak in opposition amendment, the nature of the substitute.
▶ 1:06:58Thank you, Mr. Chairman. Um, I I first want to align myself with the comments of ranking member Scott. We've had this discussion u in this committee over the years uh many many times and I always listen very carefully because before I came to Congress before I served in the state legislature I was a lawyer and I represented franchises in disputes with franchiseors.
▶ 1:07:18So I always listen to this carefully because we always hear that the sky is falling and people won't be able to open franchises and franchiseors will be considered employers but they aren't unless they assume general control over the management of the franchises employment and when they do that they should be considered an employer.
▶ 1:07:36So, I I I I frankly get a little frustrated with the sky is falling argument that this is going to discourage people from from uh and opening small businesses and opening franchises because it doesn't happen unless the franchiseor acts like an employer. And as Mr. Scott said, when they do that, they should be held responsible. So, I'm going to vote no on this amendment and hope someday that we can stop the same argument over and over again because it's not hurting small businesses.
▶ 1:08:03In fact, passing this bill will hurt small businesses, as Mr. um Scott said, if they are held responsible as if they're required to do something by their franchise or that violates the law. So, I I oppose this and I u yield back the balance of my time.
▶ 1:08:16I thank the gentle lady. Are there any other members who wish to speak on this I recognize myself
▶ 1:08:46to speak on this bill. The bill's definition of joint employment, I believe, provides a clear, specific, common sense standard that will reverse the damage done to businesses by the Obama and Biden administrations. uh as it sits in nature of a substitute provides clarity and certainty for employers and employees alike.
▶ 1:09:16amending the National Labor Relations Act and the Fair Labor Standards Act to adopt a definition of joint employer that grounds the standard in the actual conduct of the employer and the actual relationship between the parties.
▶ 1:09:33The Obama Biden indirect or reserved control standard for joint employment is an unworkable compliance nightmare for employers by creating confusion and ultimately undermining the franchise business model.
▶ 1:09:50In order to avoid liability for the actions of workers they don't actually supervise or control, contractors and franchiseors under the Biden joint employer rule are forced to reduce the connections and resources they offer to subcontractors and franchises.
▶ 1:10:10The consideration of indirect control makes business owners less likely to create jobs through subcontracting and causes franchiseors to eliminate assistance to franchises such as employee handbooks and job applications. The Obama Biden harmful joint employer standard puts hundreds of thousands of businesses at risk, including thousands of franchise operations.
▶ 1:10:40I urge my colleagues to vote yes on HR and save their uh local their constituents local businesses and I yield back. Are there any others that wish to speak? For what purposes does the gentleman Missouri wish to be
▶ 1:11:03speak briefly?
▶ 1:11:06Someone else. I recognize a gentleman from Washington.
▶ 1:11:13Thank you, Mr. Chair, and I'd like to yield my time to Congressman Hunter.
▶ 1:11:19Thank you. Thank you um for yielding time. I'd just like to to point out that the direct and immediate control standard for joint for joint employment in the franchise or franchisee uh context is not in any way a radical new standard.
▶ 1:11:37In fact, it was the standard that prevailed for over 30 years including the first seven years of the Obama administration until the Browning Ferris Industries decision by the NRLB in uh 2015. So, this really restores, as the chairman pointed out, a common sense standard to this employ uh joint employer relationship and um I yield back.
▶ 1:12:07I thank the gentlemen. Are there any others who wish to speak on bill and nature of a substitute?
▶ 1:12:16Uh there be no further discussion. Uh, amendments are in order. Are there any who wish to offer an amendment?
▶ 1:12:24Yes, Mr. Chairman.
▶ 1:12:26I recognize the gentle lady from North
▶ 1:12:29Thank you, Mr. Chairman. Um, I have an amendment at the desk um 529.
▶ 1:12:35The clerk will designate the amendment. Amendment to the amendment in the nature of a substitute to HR4366 offered by Miss Adams of North Carolina identifier Adam NC_529
▶ 1:12:52from Utah wish
▶ 1:12:53I reserve a point of order
▶ 1:12:54point of order is reserved
▶ 1:13:01I now recognize the gentle lady from North Carolina for Minutes in support of the amendment.
▶ 1:13:06Thank you Mr. Mr. Chairman, could the clerk read the read the um amendment because I have a different designation than the one I'm looking at. I think it's short.
▶ 1:13:16The clerk will designate the the amendment again.
▶ 1:13:20Amendment to the amendment in the nature of a substitute to HR 4366 offered by Miss Adams in North Carolina. Identifier Adam NC_529.
▶ 1:13:31Could you could you read the amendment?
▶ 1:13:34Yes. Um, page two, line 16, insert after the first period the following. In the case of a violation of section 12 relating to child labor, this paragraph shall not apply.
▶ 1:13:46Thank you.
▶ 1:13:49I now recognize gentle lady from North Carolina for 5 minutes in support of her
▶ 1:13:54Thank you, Mr. Chairman. Um, this bill turns back the clock on on employment law. And in the course of of doing that, uh, it will turn back the clock on child labor. As some of you know, I was a college professor for 40 years. So, let me give you a little history lesson. When Congress developed the Fair Labor Standards Act in 1938, it deliberately crafted the broad broadest definition of employment possible.
▶ 1:14:22Among other other things, the the drafters of the FLSA had uh had learned the the lessons that that state policy makers addressed when when tackling the problem of child labor in in in sweat shops. Uh one of one common form of abuse was called inside shop.
▶ 1:14:43In a factory in the early 1900s, you might find workers who were employed directly by the factory, working side by side with workers who were employed inside the factory by a labor contractor. For example, a a metal fabricating plant might consist of of several departments, each of which was was like a shop inside a shop run by a contractor.
▶ 1:15:08Uh through arrangements like this, a big firm would benefit from the work of child labor, but but it would try to evade responsibility by arguing that the inside shop or labor contractor was to blame. The child labor laws of the late 1800s and early 1900s were written to account for these arrangements.
▶ 1:15:30They use the same language that we have now in the FLSA so that they could hold accountable not just the parties who were directly in charge of child laborers but but also all the parties who permit children to work in violation of the law. So this bill will will narrow the definition of employment in the FLSA and I fear that children could be harmed as a result. No business should benefit from illegal child labor. period.
▶ 1:16:00But but everywhere we turn today, Republican pol policy makers seem eager to turn back the clock on child labor. A dozen states have eliminated or weaken their child labor rules in recent years. The Project 2025 road map for the Trump administration calls for doing the same thing with federal child labor rules, including the rules that prohibit children from working in hazardous jobs.
▶ 1:16:28In fact, the author of that recommendation has been nominated to serve as a senior labor department official. And right now, sitting in the White House regulatory office is a draft rule maker uh that will a rule making that will change federal child labor rules. And I can't help but see a pattern.
▶ 1:16:50House Republicans seem hellbent on destroying the Department of Education and promoting private school vouchers to subsidize education for the wealthy. And at the same time, bills like these seek to roll back the clock on child labor. My colleagues on the other side of the aisle, whether they admit it or not, are pursuing a legislative agenda that will create a two-tiered childhood.
▶ 1:17:14a childhood where the wealthy enjoy welle equipped p publicized publicly subsidized private schools while while poor children are pushed into dangerous jobs. And so my amendment uh will ensure that the changes in this bill would not only apply to child labor cases. I urge members to to vote for this amendment and Mr. Chairman I I yield back.
▶ 1:17:39I thank the gentle lady. Does gentleman from Utah insist on a point of order? Point of order is withdrawn. Does anyone else seek recognition on the amendment? Representative Scott, do you seek
▶ 1:17:54Thank you, Mr. Chairman. I move the last
▶ 1:17:56You're recognized for five minutes.
▶ 1:17:58Mr. Chairman, this amendment reflects our view that it is important that we prevent this bill from rolling back our child labor laws. Changing the definition of employer in the Fair Labor Standards Act changes who is responsible for providing minimum wage and overtime pay, but it also changes the rules around child labor and who is responsible for child labor law violations. Congress knew how well how important it was to ensure the broadest possible liability for child labor.
▶ 1:18:27So according to the framers of the LS FLSA um the definition was said to include those who quote suffer or permit a person to work. Suffer and permit extends accountability to those who are in a position to to know whether work is happening and choose to allow it to happen.
▶ 1:18:48This language means that if you're a factory owner and a labor contractor who provides workers, including child labor, then the uh factory owner who benefited from the illegal work of children, is on the hook, just the same as a contractor who actually directly control the work. It appears that the Trump administration is poised to issue new rules to weaken our ch child labor laws. But we have to hold the line to ensure that the law is not is not weakened.
▶ 1:19:16So, I urge my colleagues to support the amendment and yield back the balance of my time.
▶ 1:19:22I thank the gentleman. Does anyone else seek recognition on the amendment?
▶ 1:19:30The gentle lady from Georgia is not recognized. If there's no further individuals seeking to be recognized on the amendment. Uh we now move um
▶ 1:20:01we now move uh to the amendment of of the gentle lady from North Carolina. All in favor say I.
▶ 1:20:09All oppose? No. No. In the opinion of the chair, the eyes the nose have it and the amendment is not agreed to. The record roll call requested.
▶ 1:20:23Recorder vote is requested. Pursuant to chair's previous announcement, the vote will be postponed. Are there any further amendments? Um being no further amendments,
▶ 1:20:36Mr. Chairman.
▶ 1:20:38Uh, for what purposes, gentleman from Virginia seek to be recognized?
▶ 1:20:42Chairman asks unanimous consent that uh in opposition to the bill from the National Employment Law Project and the Signatory Wall and Seal Ceiling Contractors Alliance be entered into the
▶ 1:20:57Uh, without objection, they will be
▶ 1:21:31Committee will now proceed to consideration of the bill HR 4312 for amendment.
▶ 1:23:09stated. The committee will now proceed to consideration of the bill HR 4312 for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the
▶ 1:23:23HR 4312, a bill to protect the name, image, and likeness rights of student athletes and to promote fair competition with respect to intercolgate ath athletics and for other purposes.
▶ 1:23:34Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Chair uh Chairwoman Mlan, for what purpose do you seek
▶ 1:23:54Uh Mr. Chairman, I have amendment at the desk. Amendment HR 312A-N_SE01.
▶ 1:24:02The clerk shall designate the amendment in the nature of a substitute.
▶ 1:24:06Amendment in the nature of of a substitute to HR 4312 offered by Miss Mlan of Michigan. identifier MLAN_4312
▶ 1:24:18Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Chairwoman Mlan for five minutes to explain the amendment in the nature of a
▶ 1:24:35Thank you, Mr. Chairman. College athletes are in a transformational period driven by the introduction of name, image, and likeness writes and the finalized house versus NCAA settlement that allows schools to share revenue directly with student athletes.
▶ 1:24:53We all agree that student athletes deserve to be compensated for their contributions to college athletics, but the current environment is unsustainable and risks exploitation of student athletes. The absence of uniform NIL regulations across states coupled with ongoing antirust litigation and attempts to classify student athletes as employees has created regulatory concerns.
▶ 1:25:22The ongoing lawsuits have the potentially to fundamentally author alter the financial structure, operational framework and governance of college athletics. This will create s uh s uh substantial implications for the NCAA, its member institutions, and the availability of academic and athletic opportunities for thousands of student athletes.
▶ 1:25:47It is time to bring stability to college sports, which is why I'm excited that the committee is moving HR uh 4312, the student compensation and opportunity through rights and endorsements, the SCORE act.
▶ 1:26:01The score act establishes a national framework for college athletics, protects student athletes rights to NIL deals with reasonable guard rails in place, resolves state law dis uh disparities and puts an end to the ongoing litigation environment hovering over all collegiate sports. Additionally, HR4312 clarifies that student athletes are not employees.
▶ 1:26:30designating student athletes as explo employees um would risk a reduction in benefits for student athletes and reduce reduce athletic opportunities. Currently, student athletes are receiving more benefits than ever between scholarships, NIL deals, and now revenue sharing payments. The NCAA estimates compensations to student athletes is approaching 50% of total athletic revenue at its schools.
▶ 1:26:56My amendment HR4312 further protects student athletes by requiring clear written agreements for NIL deals and establishing a database of registered agents to protect student athletes from being exploited.
▶ 1:27:12Additionally, my amendment adds a requirement that any school accepting student athletes from the transfer portal must provide written disclosure um of a accepted academic credits before the student athlete transferred.
▶ 1:27:27My amendment increases protections for smaller institutions by ensuring that all college sports governing entities establish advisory councils composed of every conference member and that those governing entities include students particularly those from smaller institution on decision-making bodies.
▶ 1:27:49Lastly, this amendment strengthens compliance uh with the act through stronger enforcement mechanisms, including tying institutional requirements to federal student aid funding under the higher education act and authoritizing state attorney generals to address NI NIL violation.
▶ 1:28:09By establishing a sustainable uh framework and my amendments provide stability for the governance of collegiate athletes. Uh support a broad array of athletic opportunities and ensure long-term stability for this vital piece of American culture. I urge my colleagues to support this amendment and the underlying bill. And with that, Mr. Chairman, I yield back. I thank the gentle lady.
▶ 1:28:40Are there any members who wish to be recognized for further discussion on the amendment and the nature of a substitute?
▶ 1:28:49For what purpose does the gentleman from Virginia, the ranking member seek to be
▶ 1:28:53Mr. Chairman, I move to strike the last
▶ 1:28:56Gentleman is recognized for five
▶ 1:28:58Mr. Chairman, college athletics has become a multibillion dollar industry. In the last fiscal year, the NCAA alone brought in almost $1.4 billion in revenue and $91 million increase over the prior fiscal year. And it's not just the NCAA that's prospering.
▶ 1:29:18In 2023, the largest athletic conferences collectively generated over 3.5 billion in re revenue, while division one schools reported nearly $19 billion in revenues from athletics. Let's be clear, success we're seeing today was built off the hard work and talent of college athletes.
▶ 1:29:39Yet, despite the flow flow of billions of dollars to the NCAA, athletic conferences, and member schools, college athletes do not share in the prosperity their efforts and performance creates. For example, in a 2019 survey, almost 25% of the D1 college athletes reported struggling to get enough food in the last month and nearly 14% were homeless over the last year.
▶ 1:30:05On the other hand, in 2023, D1 schools spent over 3.9 3.6 billion dollars on coaches salaries, making up the largest spending category of these schools athletic budgets. Athletes are also putting in long hours into their sport on top of their classes or another job. Others deal with harassment and abuse and and experience minor and major injuries. With this in mind, Congress should be working to uplift and protect the college athletes.
▶ 1:30:35Unfortunately, that's not what we're doing today. The legislation we're debating today, the SCORE Act, is promoted as a measure to empower college athletes, when in reality it is a series of blank checks and bailouts to the NCAA. One of the most egregious provisions in the SCORE Act is a permanent ban on college athletes receiving labor and employment rights under any federal or state laws.
▶ 1:30:58Our nation's labor and employment laws rely on fact-specific tests and are determined on a case-byase basis in one way or another instead of letting a few court cases play themselves out to determine if certain groups of college athletes, let alone all uh of the athletes, meet the definition of employee under specific laws.
▶ 1:31:21Republicans in this bill are seeking to jump the gun and eliminate potential labor rights and protections, including rights to minimum wage, right to organize, right to bargain for fair conditions. It also eliminates workers compensation for injuries or disabilities. The bill does this by limiting the responsibility for injuries that may be c may be caused by participating in the sports. um they may cause permanent disabilities.
▶ 1:31:51Workers comp laws would have addressed those um permanent disabilities, but this bill eliminates that possibility. I'm deeply concerned that this proision provision will open the door for further exploitation because it means that no matter the control or conditions imposed on college athletes lives, the schools, conferences, and NCAA will never have to worry about triggering employment liability.
▶ 1:32:15also deeply concerned about the score act's unprecedented preeemption provisions which would not only eliminate any college eth athlete um protections put in place by states but forever prohibit states from doing so in the future. This bill would further require certain colleges to provide student athletes with academic and career support and financial aid.
▶ 1:32:38Although supporting students um success is very important, these requirements heavily align with what the CI NCAA already requires its members to provide and allows colleges to outsource the services right back to the NCAA. Ultimately, uh this these loose requirements fall short of meaningfully addressing the educational, health, and financial needs of of student athletes.
▶ 1:33:04Bill also requires colleges to publish how they use student athletic fees and restrict high media revenue colleges from uh and and restricts high media revenue colleges from charging students such athletic fees. While I appreciate the efforts to increase transparency regarding on how colleges use students tuition and fees, I have concerns about making changes to this student fee outside of a more holistic price transparency reform.
▶ 1:33:33and without fully understanding the potential administrative and financial impacts on colleges. And as the Democratic Women's Caucus has reminded us in a recent letter, this bill does not require Title 9 equity and name image and likeness programs and if enacted as drafted would actually exacerbate already existing financial inequities between men's and women's athletic programs. And finally, Mr.
▶ 1:33:58chairman, whatever the um whatever rights the athletes retain under the under the bill appear to be uninforcable and as everyone knows the right without a remedy is no right at all. And so for these reasons I urge my colleagues to oppose the legislation. Go back.
▶ 1:34:16I thank the gentleman. Now I recognize the gentleman from Washington for five
▶ 1:34:23Uh thank you Mr. Chair. I greatly appreciate the um committee taking up this important issue and uh the sincerity of the underlying substitute and bill in trying to bring some stability to a very chaotic and troublesome college porch landscape. Uh but uh in its current form uh this is the wrong solution at the wrong time.
▶ 1:34:45Uh and if this bill uh were to be uh voted into law, it would exacerbate the demise of uh the policy benefits the American people of what college athletics should be. Um so just to understand the flaws of this bill, it is based on a flawed house settlement.
▶ 1:35:07And to remind everybody where we are in college sports, uh when the Supreme Court with the Kavanaaugh ruling ruled that, uh college athletes were not amateur, uh it set off a predictable uh payfor-play scheme amongst uh supporters of competitive college athletics, primarily in football and basketball. And with no restrictions on transfers, you essentially got unfettered free agency with no salary caps. and chaos uh has ensued.
▶ 1:35:37Uh against that chaos, uh there were trial lawyers looking uh to get at all the money in big-time college football. And uh when they launched the House settlement, uh the deepest pockets that could could defend that lawsuit were primarily from the SEC and the Big 10, the richest conferences, and they came up with this flawed settlement that has at it at its heart a salary cap that would uh only the largest schools can reach.
▶ 1:36:07And what will the impacts of that salary cap that only a few schools uh can reach is that our schools are seeking to be competitive uh in football or keep up in football and basketball. They will throw to the aside uh Olympic sports uh either in style or more importantly in substance uh and what happens underneath. Uh this bill also does not specifically address title 9.
▶ 1:36:33Uh the workaround to title nine is to determine that the value of college athletics is related to TV market share and that is not something that Congress should be ratifying. What Congress should be doing is recognizing that uh the entities involved in college sports are not capable of governing themselves. Uh the NCA has become a feckless powerless institution.
▶ 1:36:58Uh the schools are very controlled by their uh richest donors and uh the states seek through their legislators uh to pass laws to benefit uh their schools. And driving the bus now more than anyone are the commissioners of the SEC in the Big 10 and TV executives at ESPN and Fox Sports. Uh, college athletics is extremely important to our nation's higher educational landscape.
▶ 1:37:25Has impacts on student athletes, has impacts, economic impacts on uh, communities. Uh, if you look at the demographic cliff of uh, what's going into colleges, some schools very much need just athletic opportunities to attract and recruit students.
▶ 1:37:41And if you look at a time when there is more money than there has ever been in college athletics and yet there are less opportunities for the uh high school graduates, the sons and daughters of America to compete in sports, you say this situation uh is really broken. So uh there should be a better solution.
▶ 1:38:02It should be a solution that should uh fundamentally consider the issues of student athlete welfare, academic purpose, uh competitive balance and sustainability in Olympic sports. And on all those measures, the underlying uh score act uh comes up short. Over the past uh weekend, I have talked to I think reached out to 15 athletic conferences. Uh a couple of them support the score act. Uh many of them have uh concerns.
▶ 1:38:31Uh I would like to Mr. Chair if I may enter into the record uh uh letters uh from three entities. Uh one is the US Olympic Committee expressing concern uh with the score act. Another is from the chairman, the commissioner of the Big West athletic conference expressing concern. And the final letter is a letter from five attorney generals expressing concern. If I could enter these into the record
▶ 1:38:54without objection, they will be entered.
▶ 1:38:56Uh thank you uh Mr. Chair. So, uh, college sports should be, uh, colleges are highly subsidized public goods. College sports should be regulated as such. It's time for Congress to set up a body that can deal with this holistically, uh, not outsource this to a flawed house settlement. Uh, and, uh, uh, there's a better approach out there. And I would urge at this time this bill be withdrawn so we can work on a better
▶ 1:39:25Gentleman's time is expired. Now uh recognize the gentle lady from Georgia, Miss McBTH.
▶ 1:39:32Thank you, Mr. Chair. Um I wish to speak in opposition of the amendment and the nature of a substitute.
▶ 1:39:39You're recognized.
▶ 1:39:40Thank you. Um, college athletics have such an important place in our education system in American society. Even as uh my colleagues on on the other eye have just uh recognized and and spoken of especially though in my home state of Georgia. I represent Georgia and players represent more than uh just you know it's more than just a sports team to Georgia. It's kind of like you know it's in our blood.
▶ 1:40:08It's in our nature and they carry the legacy of a town, an institution, and a lot of times the players dreams and their accomplishments. These things are incredibly meaningful and we need to be sure that nothing we do here will further complicate things for folks back home or put opportunities further out of reach for students and for their families that are depending on these opportunities. Student athletes must be treated with the dignity and the respect that they absolutely deserve.
▶ 1:40:38They must be fairly compensated for their efforts while ensuring that schools, both large and small schools, can continue to provide highquality educational and athletic opportunities for our students. Athletic scholarships play a very important role in making sure that every student who wants to better themselves through higher education has an opportunity to do so without going into a lifetime of debt.
▶ 1:41:05Regardless of how much money their parents make or whether anyone in their family has ever been to college before, they are directly responsible for helping people lift themselves up from lower income levels and into a better quality of life. sometimes breaking generational cycles of poverty. While most student athletes will not go on to play a professional game uh as a career, they will all the more likely still graduate.
▶ 1:41:34They will be more likely to gain the skills that are necessary to provide a decent life for themselves and for their families or whatever profession uh if they decide to pursue after college. Athletic scholarships are true engines of social mobility and we must ensure that they are kept widely uh available for both males and female sports and for sports of all kinds not just those that generate revenue.
▶ 1:42:01The US Olympic and Parolympic Committee sent a letter to this committee stating that, and I quote, "Proposed legislative reforms could result in potential for widespread program cuts or material reductions in the in investment level that could dismantle decades of progress in sport diversity and opportunity." End quote.
▶ 1:42:20The unfortunate reality as is that some smaller schools are already cutting their scor their sports programs and the scholarships that may come along with them and we must take action in this body to prevent that from becoming the norm. However, this proposal, I'm sad to say, does not do that. The score act also fails to include specific title n protections for women's athletics and a time when women's sports are increasing in popularity.
▶ 1:42:51There are just three times in the current ANS uh there are just three three lines in the current ANS about title N and we must ensure that any legislation that we sign ourselves on to and sign into law will protect women's athletics as well as the schools that offer these opportunities to women.
▶ 1:43:10I look forward to supporting bipartisan legislation that will put student athletes first, protect the sports that we know and that we love, and preserve opportunity for all students, regardless of what sport that they play or the school that they choose to attend.
▶ 1:43:28I do encourage all of my colleagues to oppose the ANS and engage in good faith for us to come up with a proposal or let's work together uh for a proposal that gets this right for the students and the families who can't afford for Congress to delay on this issue any longer. And I
▶ 1:43:52I thank the gentle lady. I now I now recognize uh Representative Courtney, the gentleman from
▶ 1:44:00Thank you. U Mr. uh Chairman strike the last word. Um uh again, I think the thoughtful comments by both sides on this uh measure really I think have been um you know really helpful in terms of fleshing out uh the vote we're going to be taking soon. Um I would note that um this bill does not have um sole jurisdiction here in the education and workforce committee. the energy and commerce committee is doing a parallel markup uh at the same time.
▶ 1:44:30uh and and and I in my estimation from talking to some of the members on that committee that the the level of sort of integration and communication between the two has been um somewhat um deficient and and really I think to get a good package you know really there I think this really still needs a lot more work uh and that was suggested uh by the gentleman from Washington state um and at least to that extent that I think you know it's it's a a measure that uh is tricky and and
▶ 1:45:00really carries a lot of different sort of um challenges that um more work needs to be done. One glaring um issue which again ENC is not going to be taking up in terms of the NIL uh issue is the fact that um international students who um today are definitely part of division one athletics and actually division 3 athletics uh because a lot of um uh state universities and and colleges and universities are now recruiting overseas.
▶ 1:45:29I think that's a terrific thing. um at the University of Connecticut. Um the most valuable player in the final four uh 2023 uh Adama Soogo from Mali um again was just a a sensation in terms of Yukon winning uh the the title that year. Um because he uh again is from Mali uh he is not able or was not able to participate in NIL.
▶ 1:45:58Um same thing was true with the women's basketball team. Nika Mule um and Aaliyah Edwards. Uh Leah Edwards was from Canada. Nika Mule was from Croatia. Again, starting players on the team that went all the way to the Final Four. Um their American counterparts were participating in NIL. Uh but uh the fact that they again were not American citizens, they were barred from um you know benefiting from the NIL program. Again, I think that uh that is just a a glaring unfairness.
▶ 1:46:29I mean, the word fairness is in the title of this bill, and if we really are going to talk about trying to stabilize and and make the the program more equitable, um the the reality of um the fact that colleges and universities are recruiting overseas because they want the best of the best. Um again, I think that's a compliment to things like basketball, which were invented in America. Um that people want to come here to play at the highest level.
▶ 1:46:54um that it really has to be sort of part of the the reality uh of you know this legislation uh when we're dealing with it. It again has been completely left out uh in the deliberations in both the ENC committee and the and the education and workforce committee.
▶ 1:47:09And uh again I I think that really should be troubling um to to the members of this committee that um something like that which again has been all over sports radio and all over the the media that international students whose names you know we all know you know in our states and and and watching um competition you know on TV and and other um media sources again are are not part of the NIL program that's there.
▶ 1:47:36the um there are other issues which I'll be addressing with some amendments and I know some of my colleagues on this side of the aisle um are going to be addressing them. It's not really in hopeful or encouraging that necessarily those are going to be adopted as part of the bill. And again, I I think that it's an important issue. It deserves really serious um effort. it should be bipartisan and it it should be all-incclusive in terms of the scope of issues that um since the the court decision was announced um have um already emerged.
▶ 1:48:06So again, at this point u I'm certainly not going to be supporting the final outcome based on the the the manager's amendment. Want to again tip my hat to the fact that the sponsor has has approached this with seriousness, but there's a lot more work that uh remains to be done. I yield
▶ 1:48:23I thank the gentleman. Are there any others who seek to speak on this amendment and nature of a substitute? There being no further discussion on the amendment and nature of substitute, the committee will move to consideration of amendments. Are there any members who would like to offer amendments? I recognize the gentle from from Connecticut. For what reason do you wish to be recognized?
▶ 1:48:47The clerk has an amendment. Has an amendment at the desk.
▶ 1:48:52The clerk will report the amendment. Amendment to the amendment in nature of a substitute to HR4312 offered by Mr. Courtourtney of Connecticut identifier CO RTN_024.
▶ 1:49:08Does the gentleman from Utah wish to
▶ 1:49:10I reserve point of order.
▶ 1:49:12A point of order is reserved. I now recognize the gentleman from Connecticut for five minutes in support of his
▶ 1:49:19Thank you uh Mr. Chairman. As the amendment um visibly shows, it's a very simple, straightforward amendment that literally substitutes one word on uh page 21 of the bill, which uh talks about again the um availability of medical care for injuries um suffered by student athletes.
▶ 1:49:38Um and uh the um bill to its credit recognizes that um you know a student who suffers an ACL injury or Achilles tendon injury or uh some other uh sports related um injury um would get some uh period of time u of coverage um medically following graduation. Uh the bill calls for three years of medical coverage for students who uh experience those um those injuries.
▶ 1:50:07My amendment would extend uh that period of coverage from 3 years to 10 years. Again, we're talking about um students, student athletes who again can suffer an injury um which could be permanent um as a result of um you know a collision in football or um you know making too quick a a pivot in in basketball or soccer.
▶ 1:50:30Um and um you know a torn ACL or um a broken bone uh can cause um uh again a need for long-term longer term care than I think what the base bill uh contemplates uh of of three years following graduation or separation. Again, there's instances where some athletes who suffer an ACL make a quick recovery.
▶ 1:50:55Um, Paige Beckers has had two ACL injuries, uh, playing for the Yukon women and now she's, um, you know, doing terrific in the WNBA, but there are other instances where ACL injuries have really literally ended um, athletic careers and really have created a lifetime um, sort of um, uh, permanent uh, issue and problem which uh, I think is um, uh, we should not sort of cut off with the three-year
▶ 1:51:25cap, which is what is uh in the base bill. Uh again, we're talking about not comprehensive health insurance. We're talking about literally medical care for a specific injury. It's sort of comparable to a workers's compensation claim where again, medical coverage through workers comp is only extended to the work-related injury. This um u section of the bill is talking about sports related injuries only.
▶ 1:51:49So um the burden in terms of colleges and university which are already going to have to carry three years of coverage uh under my amendment would be extended to 10 and um again um you could argue that you could go less or more but uh certainly 10 I think is a fair amount for an 18year-old or a 19year-old who who suffers an injury uh playing sports in in college and universities and um and and therefore I think it's reasonable and I would ask the the members to support the amendment and uh yield back.
▶ 1:52:21I thank the gentleman. Does anyone else wish to does the gentleman from Utah?
▶ 1:52:29I was I withdraw my point of order.
▶ 1:52:31Point of order is withdrawn. Does anyone else seek recognition on the amendment? I recognize the gentleman ranking member uh from Virginia, Mr. Scott.
▶ 1:52:39Thank you, Mr. Chairman. Mr. Chairman, the score act would broadly take away athletes rights to get access to courts for matters under the act, but it provides some coverage for athletes who are hurt in the course of their athletic activity. In exchange, given of their rights, they get guaranteed compensation. And that's the same kind of deal we have in workers comp where you give up your right to if you're injured on the job, you give up your right to sue your employer.
▶ 1:53:05But regardless of fault, regardless of whether you could have won a suit or not, uh you have access to health care and lost wages as a result of the uh injury. But what the score act provides in case of injury is stingier than even the stingiest workers compensation law. In the bill, medical coverage would end three years after graduation.
▶ 1:53:28This amendment would extend that to 10, but it's could extend uh could be cut off earlier if the student is expelled by code of conduct violations. By contrast, workers comp typically allows for medical coverage for the dur duration of the workrelated injury, including benefits that could last permanently for permanent disabilities.
▶ 1:53:49The three-year duration under the bill emits any coverage for sports related conditions that may manifest clinically like CTE years down the road. Uh the bill offers no income replacements for athletes who are permanently disabled. Doesn't offer death benefits for uh for uh or survivors benefits in the case of fatal sports related injuries.
▶ 1:54:14But you can go on, but the point is you take away the students rights to be protected and don't even get as much as you do under workers comp. Uh, this amendment doesn't fix that, but it goes a long way in helping modify some of the um problems with the three-year limitation. And so I would support the um amendment and urge my colleagues to do the same.
▶ 1:54:41I thank the gentleman. Does anyone else seek recognition on the I now recognize myself for five minutes in opposition. I appreciate Representative Courtney's intent to enhance long-term medical protections for student athletes injured during competition.
▶ 1:55:02Section five of the score act and current NCAA core guarantees already ensure robust medical coverage for athletics related injuries during enrollment. and for three years postgraduation. Sufficiently addressing most student athlete health needs. Extending coverage to 10 years places significant f financial strain on universities, many of which already face tight budgets.
▶ 1:55:28The added costs of 10-year medical coverage will likely reduce athletic opportunities as institutions may cut non-revenue sports or limit scholarships to offset expenses, undermining the score act's goal of supporting broad-based athletic That said, we're all interested in protecting student athletes. So, I'm happy to work with the gentleman from Connecticut on this issue as the bill moves forward.
▶ 1:55:57I oppose the amendment as written and yield back. There being no further debate on the amendment, the question is on the amendment by the gentleman from Connecticut. All in favor say I.
▶ 1:56:16All oppose, no. No. In the opinion of the chair, the nose have it and the amendment is not agreed to. Recorder vote has been uh ordered pursuant to the chair's previous announcement. This vote will be Are there any further amendments to the amendment in the nature of substitute uh to HR 4312? Uh for what purposes the gentleman from Washington seek recognition?
▶ 1:56:46Uh thank you, Mr. Chair. I have four amendments. Uh, I think uh uh perhaps we could entertain my first amendment and then back to Congressman Kylie if that was all right.
▶ 1:56:58Uh, would the clerk uh identify the the uh the amendment?
▶ 1:57:03Amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. Bombgartner of Washington identifier B A U M G A_020.
▶ 1:57:21The gentleman is now recognized for 5
▶ 1:57:24Thank you, Mr. Chair. Well, this uh amendment gets it to fundamentally uh what does Congress want college athletics uh to be in the flawed house settlement uh when uh and you have to understand in college sports there's not a lot of money in college sports there's a lot of money in big-time football in college sports uh in the flawed hell settlement when the trial lawyers were going after the football money and the big football schools had the deepest pockets to defend a lawsuit they
▶ 1:57:54set up uh this house settlement uh that was a bit of a power grab both in control of the future of uh college sports then also this salary cap uh that cannot be met by only uh the largest schools. So, you know, on the competitive balance piece, uh, in the over the past few days as I've been talking to these Can conference commissioners, one of the ones I spoke with was the, uh, head of the WCC, Stu Jackson, who spent a lot of time, uh, in the NBA.
▶ 1:58:22And it would be a bit like having an MBA where the uh, the uh, Eastern Conference had a higher higher salary cap than the Western Conference, and you wouldn't have competitive parody or fan interest if you're able to do that. And uh Commissioner Jackson had some very interesting ideas about how to solve this issue overall. You know, pointed out in the NBA, they had Indiana and Oklahoma playing each other in the finals and that was healthy uh for the sport.
▶ 1:58:48So, you know, one issue is competitive balance that this amendment seeks to address, but the other is holistically what do we want college sports to be? uh if you vote for the uh score act, what you're saying is is that uh football is more valuable and that the value in college sports comes from TV revenue share. That's because the underlying score act uh couldn't get around Title 9.
▶ 1:59:12So rather than directly address the Title N issues, they said, "Well, we'll tie compensation to uh TV revenue." And each member tends to look at this issue sort of parochially at how does it affect their school or they might look at it as fans. But if Congress is going to solve this issue, we should fundamentally look at what do we want uh college sports to be.
▶ 1:59:33And I would posit to you that uh college sports in terms of its governance and the value that Congress places on it uh should be a lot more like high school sports than it should be pro sports where a cross-country runner is equally valuable as a football player. uh a volleyball player is equally as valuable as a basketball player and so forth. And the NCA is a feckless institute organization that does not have the power.
▶ 1:59:59And so Congress rather than looking at this broken system, this flawed house settlement has an opportunity right now to say fundamentally what do we want college sports to be? How should it govern? And we have allies in this. Uh it's, you know, politics makes strange bedfellows. Uh, one of the members I've been working very closely on this issue with is Democratic uh, Senator Maria Canwell, uh, who I actually ran against for US Senate in uh, in 2012, but we talk now on a daily basis about this issue.
▶ 2:00:26Have also worked closely with a fellow named Cody Campbell, head region at at Texas Tech, Hezek organization called Save College Sports. Uh, he has a more expansive view how to solve this fundamentally. And I think the White House uh, has uh, some real interest uh, in this issue as well. So the pieces are there to come together on this, but rather than look at how do we try to put some sideboards on this flawed settlement in a in a in the system, let's fundamentally as Congress decide what we want uh college sports to be.
▶ 2:00:56And I would bet the American public would do better if we treat all sports equally and say they have value and then we treat the system holistically and not attribute the value in college sports. Congress should not put its thumbrint and say the value of college athletics is tied to how many people watch it on TV. Uh that's a commercial engagement. We're looking also look at overall uh public good uh on this issue. So a new organization that treats all athletes equally.
▶ 2:01:21And every sports fan, and I'm a big college football fan, we enjoyed college sports just as much uh in the 1980s, the 1990s, and the 2000s when uh college coaches were making uh lower salaries and there weren't three roller coasters uh in in a pinball machine in the locker room. So, you can get to the same societal benefit by treating everybody equally because you need competitive par uh in that.
▶ 2:01:48So, uh, this amendment would get at that issue of what do we want college sports to be and how we treat athletes and, uh, how do we, uh, have, uh, competitive parity in the system and I would urge members to I thank the gentleman. Does anyone else seek recognition on the amendment? I now recognize myself for five minutes in opposition.
▶ 2:02:15I appreciate the concerns of my colleague from Washington. However, the SCORE Act does not seek to dictate competitive parody. Instead, HR4312 provides legal certainty and establishes a national framework for college sports. Market realities have always shaped college sports with top conferences typically investing the most in their programs.
▶ 2:02:41Forcing equal distribution of revenue unfairly penalizes the conferences generating the revenue and risks driving those conferences away from the NCAA. I respectfully oppose this amendment and yield back. There's no further debate on the amendment. Uh if not, the question is on the amendment by the gentleman from Washington. All in favor say I. I.
▶ 2:03:09All oppose? No. No. In the opinion of the chair, the nos have it and the amendment is not agreed to. A recorded roll call vote is ordered. Pursuant to the chair's previous announcement, this vote will be Are there any further amendments to the amendment and nature of substitute? For what purposes does the gentle lady from Pennsylvania seek recognition?
▶ 2:03:37Mr. Chair, I have an amendment at the The clerk will report the amendment.
▶ 2:03:44Amendment to the amendment in the nature of a substitute to HR4312 offered by Miss Lee of Pennsylvania identifier Lee_MD_01.
▶ 2:03:56Does the gentleman from Utah
▶ 2:03:58I reserve point of order.
▶ 2:03:59Point of order is reserved.
▶ 2:04:01I now recognize the gentle lady from Pennsylvania for her five minutes.
▶ 2:04:07Thank you, Mr. Chair. I'm offered an amendment to strike section nine from the bill uh to prevent the radical attempt to strip all student athletes of their right to ever be considered employees under the law. This provision of the bill is an extreme attempt to block student athletes from ever having the power to advocate for themselves and protect themselves from exploitation. At the same time, this bill provides the NCAA and wealthy powerful athletic programs a blank check to coersse, control, and exploit college athletes without any risk of liability.
▶ 2:04:35Um adding broad categor uh categorical exemptions from labor laws like this bill creates is virtually unprecedented. This move directly undermines the rights of every college athlete and our employment and labor laws to determine whether someone is an employee under the Fair Labor Standards Act or the National Labor Relations Act. Both laws have comprehensive fact-specific tests that determine employee status on a case-byase basis.
▶ 2:05:04These text tests are flexible enough to adapt to the specific circumstances of each and every college athlete. Many uh college athletes already would not be considered employees under current law. So if the majority is so concerned about athletes being classified as employees, the solution is simple, do not treat your college athletes like employees. In fact, uh this morning, Senator Chris Murphy and I reintroduced the College Athletes Right to Organize Act.
▶ 2:05:29To this effect, our bill would clarify that college athletes are employees if and when their schools uh conditions any of a student's athletes scholarships or funding on their participation in college sports. Our bill also ensures that all public and private school students are entitled to the same rights and protections under the law.
▶ 2:05:49In fiscal year 24, uh, the NCAA reported a record revenue of$ 1.38 billion dollar while too many D1 athletes still go hungry or they're forced to play while injured because getting cut from their athletic team means losing their food, their housing, their education. Uh, so I think we all can agree that it's far past time that student athletes have a seat at the table to hold the colleges that treat their student athletes like employees accountable.
▶ 2:06:15I urge my colleagues to support my bill uh uh to support my bill and to support this amendment striking the employment section from this bill. Uh thank you and I yield back. I thank the gentle lady to this gentleman from Utah. Reserve his point of order. The reservation is withdrawn. Does anyone else seek recognition on the I now recognize myself for five minutes in opposition.
▶ 2:06:43Uh the consequences of student athletes being treated as employees could be enormous for schools and students. Universities would face tough choices if they have to deal with the increased costs, unionization, and employee status costs. Many universities would shut down non-revenue generating athletic programs. Currently, we have more than 20,000 intercolgate sports teams with more than 500,000 student athletes.
▶ 2:07:10Many of these teams and the opportunities they bring for student athletes could be on the chopping block. Reclassifying student athletes as employees would not only result in less opportunity for young people to continue their athletic careers, but it would also harm their education. Student athletes graduate at higher rates and earn higher grade point averages than students who do not play intercolgate sports.
▶ 2:07:35Most student athletes do not want to punch a time card, pay taxes, state that again, pay taxes on income instead of receiving financial aid or risk getting fired for poor onfield There's never been a better time to be a student athlete. They can commercialize their name, their image, and likeness rights. Student athletes receive many other benefits.
▶ 2:08:01NCAA institutions provide student athletes with medical care for injuries incurred during intercolgate athletics for at least two years after they leave school. Athletic scholarships cannot be reduced or revoked for any athletic reason during their reward period. and athletic scholarships can cover the full cost of attendance at an institution, including computers, tutoring, expenses for studying abroad, and paid internships after graduation.
▶ 2:08:32Given the significant progress made and ongoing reforms, now is not the time to upend collegiate athletics. I urge my colleagues to vote against this amendment and to vote yes on HR 4312. There's no further debate on the amendment. Um the question is on the amendment by the gentle lady from Pennsylvania. All in favor say I.
▶ 2:08:59All oppose. No. No. In the opinion of the chair, the nos have it and the amendment is not agreed to.
▶ 2:09:06I request a recorded vote.
▶ 2:09:07A recorded roll call vote is ordered. Pursuant to the chair's previous announcement, this vote will be Are there any further amendments to the amendment and a nature of a substitute to HR4312? For what purposes does the gentleman from Washington seek to be recognized?
▶ 2:09:27Thank you, Mr. Chair. I'd uh like to introduce my second amendment and speak to it. Uh 021.
▶ 2:09:32The clerk will report the amendment.
▶ 2:09:35Amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. Mr. Bombgartner of Washington identifier B AU MGA_021.
▶ 2:09:47I now recognize the gentleman from Washington for 5 minutes to support the
▶ 2:09:52Thank you. Uh uh Mr. Chair, this uh amendment deals with Title 9 and whether Congress will decide to treat all athletes equally or whether Congress will try to pass a law that says that the value of athletics compensation should be based on TV uh revenue share. Uh so again, in the flawed house settlement as that was playing out, uh you know, there's not a lot of money in college athletics.
▶ 2:10:17There's a lot of money in big-time football and basketball that goes into coaches salaries and merrygorounds and locker rooms and these kind of things. But if Congress is going to weigh on this thing to deal with the Title N issue, uh we should treat all athletes the same. That's what's in the public good, not ti revenue.
▶ 2:10:35And the fact that neither House nor this bill specifically address Title 9 leaves open a huge can of worms to keep this issue in the courts uh making decisions uh rather than people's elected uh representatives. And fundamentally um sports is really uh important. Opportunities are important for everyone. There's more money in college athletics uh today than there were in the 70s 80s. get less opportunities uh to compete.
▶ 2:11:06And not only will not addressing the Title N considerations put uh women's athletics at work. And I think this Congress should be so proud of what it's done so far working with this White House uh on uh to protect women's athletics. Uh but this bill would really be a step back backwards direction because it won't be protected. But the competitive pressures of football will feed on themselves and then it will put men's uh uh Olympic sports uh at risk uh as well too.
▶ 2:11:35That's one of the reasons the US OC uh is so concerned. So the way around that is to treat all athletes equally. Uh say that that volleyball player and that wrestler and uh that lacrosse player, that cross country runner, all those sports that America's sons and daughters uh play in high school and would like to compete at at the highest level that has equal value uh to that football player. And again, it won't cost football anything.
▶ 2:12:02you all you need in football is competitive parody and balance and you can uh essentially treat the system holistically. There's a pathway forward uh to do this. And so I think the conversation just gets so skewed on college athletics because if you just watch ESPN and watch the college football playoffs, you think that uh schools are a wash in uh money in college athletics. Uh but uh they are not.
▶ 2:12:29and the pressures of treating some athletes as to be better compensated based on TV revenue is just not in the public good and the way of around the title n issues uh to treat them equally and if you do not specifically address title n in this bill it will not resolve the underlying issues not only will uh the system uh exacerbate this slide towards a second NFL but it'll continue to be uh in the courts and so uh Let's let's make
▶ 2:12:59a statement today by Congress saying uh all athletes are equal, all sports are equal. And I think that's much more in the spirit of the public good of how we should be uh looking at the future of college athletics. So, uh let's say no to TV broadcasters and corporate interests determining the future of college athletics. Let's say opportun yes to those young sons and daughters, those middle schoolers playing soccer right now.
▶ 2:13:26uh all of our kids looking at sports and saying all those sports are equal like we do in high school just like we do in high school. That's what we should be doing in this uh underlying amendment would urge support. Gentleman yields back. Uh does anyone else seek recognition on the amendment? I recognize myself for five minutes.
▶ 2:13:52Uh, as a former cross-country runner and wrestler, I I respect the intention of my colleagues amendment uh to ensure student athletes in sports outside of football and basketball receive this amendment undermines the core purpose of schools sharing revenue directly with student athletes, which is to reward the student athletes who drive athletic department revenue.
▶ 2:14:20Requiring equal pay across all sports ignores the reality that football and basketball generate the Lion's share of revenue for athletic departments. Additionally, the goal of the SCORE act is to create a sustainable framework, an emphasis on framework, not regulate college sports in every particular way. Right now, institutions have the flexibility to decide how to distribute this revenue, and that's the way it should stay.
▶ 2:14:52I respectfully oppose this amendment, and I yield back. There being no further debate on the amendment, uh the question is on the amendment by the gentleman from Washington. All in favor say I. I.
▶ 2:15:07All oppose, no. No. In the opinion of the chair, the nos have it and the amendment is not agreed to. Mr. As for recorded vote,
▶ 2:15:15a roll call vote is ordered. Pursuant to the chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment and a nature of a substitute to HR 4312? For what purpose does the gentleman from Texas seek to be recognized?
▶ 2:15:33For what?
▶ 2:15:35Let's let's walk back a bit. For what purposes the gentle woman from North Carolina seek to be recognized?
▶ 2:15:41Thank you, Mr. Chairman. I have an amendment at the desk.
▶ 2:15:44The clerk will report the amendment. Amendment to the amendment in the nature of a substitute to HR4312 offered by Miss Adams of North Carolina identifier Adams_amd_02.
▶ 2:15:58For what purpose is a gentleman from
▶ 2:16:00Reserve point of order.
▶ 2:16:01Point of order is reserved. I now recognize a gentle lady from North Carolina for 5 minutes in support of her
▶ 2:16:07Thank you, Mr. Chairman. Uh in last week's markup of this bill uh in the subcommittee on commerce, manufacturing, and trade, there was a lot of discussion on the lack of Title 9 protections in this bill. In fact, Chairman Guthrie committed to ensuring that this bill would not violate or supersede Title 9 during the markup. But I'm glad to see that a section was added to the bill to prevent it from superseding Title 9 protections.
▶ 2:16:34But that provision, but that provision does not go far enough in protecting female athletes. And that's why I'm introducing this amendment. It's a common sense amendment, straightforward uh addition, and it would assure that no athlet athletic conference discriminates against athletes on the basis of sex. The text of this amendment comes from section 5B of my Fair Play for Women Act.
▶ 2:17:00Uh, I'd encourage uh any of my colleagues who support women's sports to to take a look at that bill. Uh, we've all seen how sex-based discrimination impacts women's sports. Women's teams are shoved into substandard facilities for championships provided with dated equipment and and under current build texts, they may be discriminated against in athletic association rules.
▶ 2:17:25This amendment ensures that athletic associations comply with anti-discrimination statutes, including that women are afforded the same amenities, facilities, goods, and and benefits as men. If individual universities must comply with Title 9, it's only reasonable that college athletic associations have the same standards.
▶ 2:17:50Passing this sweeping name, image, and likeness legislation without provisions explicitly protecting women could leave them open to blatant discrimination from athletic associations. I urge all of my colleagues to support this amendment and uh I do yield back.
▶ 2:18:08I thank the gentle lady. Does the gentleman from Utah reserve?
▶ 2:18:12I withdraw my point of order.
▶ 2:18:13Point of order is withdrawn. Does anyone else seek recognition on this amendment? I now recognize myself for five minutes to speak in opposition to the amendment. I appreciate my colleagues intention with this amendment. Discrimination on the basis of sex by the NCAA and conferences is a real issue.
▶ 2:18:38For example, the NCAA has discriminated in the past against female swimmers by forcing them to undress in front of male swimmers at NCAA sanctioned Addressing challenges like that one should have bipartisan support and in fact did have bipartisan support earlier this Congress when the House passed the Protection of Women and Girls in Sports Act. However, I have questions about how this amendment would work.
▶ 2:19:07For example, the language of the amendment appears to prohibit discrimination on the basis of sex by governing entities, but then includes a provision at the end of the amendment essentially exempting those entities from that requirement. I must oppose the amendment.
▶ 2:19:24I urge other members to oppose the amendment and support the underlying bill and I yield There being no further debate on
▶ 2:19:41I'll ask for a recorded vote.
▶ 2:19:43We we'll get we'll get to you shortly.
▶ 2:19:45I'm sorry.
▶ 2:19:47Um the question now is on the amendment by the gentle lady from North Carolina. All in favor say I.
▶ 2:19:55All oppose? No. No. In the opinion of the chair, the nos have it and the amendment is not agreed to. A roll call vote has been ordered.
▶ 2:20:05Thank you, Mr. Chair.
▶ 2:20:06Pursuant to the chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment in a nature of a substitute? For what purpose does a gentleman from California seek to be
▶ 2:20:19Mr. Chair, I have an amendment at the
▶ 2:20:20The clerk will report the amendment.
▶ 2:20:23Amendment to the amendment in the nature of a substitute to HR4312 offered by Mr. Kylie of California identifier Kylie_029.
▶ 2:20:32I now recognize the gentleman from California for
▶ 2:20:37point of order.
▶ 2:20:38A point of order is is reserved. I now recognize the gentleman from California for five minutes in support of his amendment.
▶ 2:20:47Thank you, Mr. Chair. Uh I understand that there is a real need in many ways for this legislation and I know that its purpose is to protect students, student athletes, institutions, and communities. Uh but there are certain aspects of the bill that have the potential to do the opposite and have a long-term detrimental effect uh on universities, including one in my own district uh and uh others throughout the country.
▶ 2:21:08And specifically I'm uh referring to section six uh clause 9 which provides uh absolute protection uh when it comes to uh dictating conference uh membership. This provision will impose a structural limitation that hinders the comprehensive growth and strategic advancement of colleges and institutions. These constraints affect economic development efforts through sports expansion and markets as well as programmatic expansion and the ability for institutions to respond to the evolving economic needs of respective communities.
▶ 2:21:37Institutions should retain autonomy to chart their own strategic direction, particularly when considering membership or independent status within the football bowl subdivision. Membership growth and expansion is essential for fostering competitive excellence, financial growth and sustainability, and alignment with each institution's unique mission and long-term vision. And this proposed legislation, including that uh that provision, that clause, uh puts restrictions on the independence of colleges and universities nationwide. And this how here's how this has played out.
▶ 2:22:07uh in in my own uh region uh we have a university our local university in Sacramento uh known as SAK State that is as prepared as any uh in the country to move from FCS uh to FBS. Uh they've performed extremely well in FCS in recent years. They have the best recruiting class in the entire country. They've brought in a tremendous coach. They have tremendous buyin uh from a vast uh alumni network in the region uh and throughout the state.
▶ 2:22:36Uh by the way, on the basketball side of things, uh their new head coach is a former NBA all-star Mike Bby and uh Shaquille O'Neal has even signed on as the volunteer general manager, causing the university to be recristened shock state uh in the eyes uh of many. Um yet despite all of this, they've run into roadblocks in moving up to FBS.
▶ 2:22:59Uh number one, they've been unable to get a conference invite apparently because the NCAA has told conferences not to let in any more FBS schools. And then they said, "All right, well, if you're not going to let us in a conference, at least let us be an FBS independent uh school." But the NCAA has denied that application.
▶ 2:23:18And so then if you uh with this bill, if you add this additional uh absolute liability protection, then my concern is if a school like Scack State, which is as prepared as any in the entire country to make this uh leap, can't do so even under the current rules and you add this additional barrier, then it's really going to be a situation where we're kicking the ladder down and denying this opportunity.
▶ 2:23:41And when you look at the fact that football accounts for 60% of all athletic revenue, this is really not small potatoes we're talking about here. And in the case of uh of my region, this is something that's tremendously important to to the school across many dimensions, but also to the entire Sacramento region as this really can be a an enormous driver of economic development. So there is a great deal of frustration uh in terms of how the rules are being applied uh right now.
▶ 2:24:10And that's why I've proposed this amendment uh to remove that particular uh provision. Uh so uh Mr. Chair, with that being said, uh I have tremendous uh trust in in your leadership uh and uh I know we've had very productive discussions on this. Uh so I'm willing to withdraw the amendment uh today. Uh if uh the chair is willing to continue working with me on this topic, I'll yield to the chairman uh for a response.
▶ 2:24:35Thank you, Mr. Kylie. I I recognize uh from our discussions and and your u your dedication to representing a district and concerns there uh that it's an important issue to you and the region you represent. Uh your amendment highlights valid concerns with how the process works with a school like Sacramento State or Shack State uh and how it wants to move up from FCS to FBS.
▶ 2:25:04While we've not been able to resolve this today, uh I hope that our discussions will continue as HR 4312 advances to the floor and I yield back.
▶ 2:25:15Uh thank you very much. Uh very much appreciate it and appreciate the opportunity to continue working on this given uh that commitment. Uh I'll withdraw my amendment at this time. Uh but uh you know I will have to vote against the bill when it comes to the floor if if this issue isn't resolved uh in a way that uh satisfies these concerns. Uh thanks very much. I yield
▶ 2:25:34I recognize that reality and uh the gentleman's amendment is withdrawn and I thank the gentleman for his collaboration. Are there any further amendments to the amendment in the nature of a substitute? I recognize the gentle lady uh from North Carolina.
▶ 2:25:50Thank you, Mr. Chairman. I have an amendment at the desk um 528.
▶ 2:25:56The clerk will report the amendment. Amendment to the amendment in the nature of a substitute to HR4312 offered by Miss Adams of North Carolina identifier Adam NC_528.
▶ 2:26:09I recognize the gentleman from Utah. Point of order is reserved. I now recognize a gentle lady from North Carolina for five minutes in support of her amendment.
▶ 2:26:23Thank you, Mr. Chairman. Uh th this is yet another common sense amendment supporting women participating in in college athletics. Currently, college athletic programs uh use a few reporting tricks to trick the federal government into believing that they are in full compliance with Title N. When a female athlete competes in more than one sport, she is counted as more than one athlete on school rosters.
▶ 2:26:49I it doesn't matter if if I'm a runner and a basketball player. I am only one athlete. And college rosters should reflect that fact. Schools created an additional roster spots thanks to this counting method. In 2022, schools also uh paired their rosters.
▶ 2:27:15According to a report by USA Today, 27 schools presented women's growing team rosters with double the number of athletes allowed at most conference championships. Schools also believe it or not, uh they count male practice players on women athletic rosters. Often men's and women's basketball teams will practice together in scrimmages.
▶ 2:27:40This practice uh these practice partners are by schools to the federal government as as as female athletes. One in every four women basketball players reported by schools to the federal government were actually men. My amendment stops these practices. It would strengthen reporting requirements to ensure that that the Department of Education receives accurate information about athletic rosters.
▶ 2:28:08In addition, my amendment would also provide for more detailed disagregated data on how much money schools are providing to specific women's teams, women's coaches, and women's assistant coaches. As you all know, uh, title title nine requires equitable distribution of funds between individual athletic teams.
▶ 2:28:32That provision is difficult to enforce without data by making simple and common sense changes to reporting requirements. This amendment would ensure that Title 9 is enforced as intended. So I urge my colleagues who support Title Nine, who support women's sports to support this amendment. And Mr. Chairman, I yield I thank the gentle lady.
▶ 2:29:00Uh uh does the point of point of order is withdrawn. Uh are there any others who wish to speak on the amendment? I now recognize myself uh for five minutes in opposition to the amendment. While I agree with the sentiment and the goal of my colleagues amendment, I must oppose it in its current form.
▶ 2:29:27Increasing transparency in education, whether that's around costs, outcomes, or athletics, is something I believe we all support. However, that transparency must strike a balance between the information that students, families, and policymakers believe are the most relevant and the realities of actually collection the collecting the data.
▶ 2:29:49This amendment would add substantial reporting requirements that in many ways seem impossible to track, including, for example, detailed and disagregated information for club sports. The amendment also requires the secretary to publish a gender equity report every two years using this new information.
▶ 2:30:09A pointless requirement that diverts attention from the department's real work to ensure, for example, that the FAFSA is on schedule, which would be And the student loan program is Though I oppose this amendment, I want to emphasize that I commit to working with my colleague to improve the bill if there are places where more information and data collection is appropriate as this bill moves to the floor.
▶ 2:30:40Thank you and I yield back. There being no further debate on the amendment, uh the question is on the amendment by the gentle lady from North Carolina. All in favor say I. I. All oppose. No. No. In the opinion of the chair, the nos have it and the amendment is not agreed to.
▶ 2:31:01Mr. Chair, I ask for a recorded vote.
▶ 2:31:03A roll call is ordered. Pursuant to the chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment and an issue of a substitute to HR 4312? For what purpose does the gentleman from Washington seek to be recognized?
▶ 2:31:27Thank you, Mr. Chair. I would like to introduce my third amendment uh uh 022.
▶ 2:31:32The clerk will report the amendment.
▶ 2:31:35Amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. Bombgartner of Washington identifier B Auma_022. I now recognize the gentleman from Washington for five minutes in support of his amendment.
▶ 2:31:53Thank you, Mr. uh chair. This uh amendment deals with the absurdity of transcontinental uh regular season athletic competitions and transcontinental conferences and the absurdity of sending uh volleyball players from uh California to New Jersey uh to compete on a uh on a school night. Uh reason I offer this amendment is uh so why does this matter to the public? Well again college sports are highly subsidized public goods.
▶ 2:32:20Taxpayers put immense amount of money through Pell grants and other sides subsidize student loans and we have should have a say that these funds are being used uh responsibly. uh I think as uh some members may know or may not know uh Mike Leech was one of my best friends and we talked frequently uh about college athletics and then together we taught a course called insurgent warfare in football strategy and through that process I got to know uh several athletic directors uh very well.
▶ 2:32:50at the time the um uh UC USC and UCLA made the shocking announcement that they were going to leave the Pack 12 and go to the Big 10 as a transcontinental uh conference. Uh I got a phone call the next day from a previous uh Pack 12 athletic director and current Big 10 athletic director and talking about the absurdity and how problematic uh that this would be.
▶ 2:33:14And then I got deeply invested in talking to uh elected officials up and down the West Coast about this and they all said the same thing that it was wrong. It was absurd, but they felt there was nothing they could do about it because of the TV dollars that were driving uh these decisions.
▶ 2:33:30So, I don't think anyone in good faith can say that it makes any public purpose whatsoever that uh student athletes uh subsidized or funded by the taxpayers should be having their academic uh uh schooling interrupted by regular season transcontinental athletic uh competition. Uh I'm not a global warming guy, but there's some global warming uh concerns uh there as well too.
▶ 2:33:57if you look at the debate uh of uh the west coast schools going to the east coast but for those of you that is motivating should think about that uh issue uh as well. So uh again uh Congress should prohibit these things. Every actor you you talk up and down the college sports landscape.
▶ 2:34:15Everyone thinks that it is crazy that West Coast schools are engaging in regular academic school year athletic competition on a regular basis, flying student athletes back and forth across the country. Uh in Congress should be the adults in the room. Uh these people are unable to do it uh prohibit it themselves even though they know it's all wrong and doesn't work. And this amendment would seek to say that uh uh uh we're not going to do that uh anymore.
▶ 2:34:42And I would urge its The gentleman yields back. Are there any others who wish to speak on this I now then recognize myself for five minutes in opposition. I sincerely appreciate the gentleman from Washington's amendment to reduce student athlete travel burdens.
▶ 2:35:08However, this amendment essentially forces conference realignment, which is not Congress's responsibility. Schools and conferences should address cross-country travel's impact on student athlete welfare. HR4312 cannot solve every problem in college athletics and this travel ban is outside the scope of this bill. I respectfully oppose this amendment and I yield back.
▶ 2:35:41There being no further debate on the amendment, the question is on the amendment by the gentleman from Washington. All in favor say I. All oppose. No. No. Uh in the opinion of the chair, the nos have it and the amendment is not agreed to. A recorded a roll call vote is ordered. Uh pursuant to the chair's previous a announcement, this vote will be postponed.
▶ 2:36:06Are there any further amendments to the amendment in the nature of a substitute to HR For what purpose does the gentleman from Texas seek to be recognized?
▶ 2:36:17Mr. Chairman, I have an amendment at the desk. Amendment 02B.
▶ 2:36:21The clerk will report the amendment.
▶ 2:36:24Amendment to the amendment in the nature of a substitute to HR4312 offered by Mr. Casar of Texas identifier Casar AMD_02B. I recognize the member.
▶ 2:36:39Mr. Chairman, this bill contains some protections for student athletes, but in my view, those protections simply do not go far enough. But then, shockingly, the bill also bans state legislators, be they Democratic or Republican state legislators, from pursuing higher standards for student athletes.
▶ 2:37:02So if we keep this section in the bill, in my view, the low standards for student athletes here cannot be expanded. A state legislature could not decide that schools and students in their state deserve higher pay or better healthc care coverage for athletes or expanded tuition assistance.
▶ 2:37:23So, I would ask that the Republican majority on this committee consider striking the section in this bill that denies their own constituents potentially better protections if their state legislatures and their governors move forward with it. Student athletes and all college students should be able to get an education without needing to worry about how to pay for their next meal or afford the rent.
▶ 2:37:47And if state governments want to offer further protections beyond what's in this bill, I do not think that Congress should get in the way. So I urge passage of my amendment that would strike paragraph one in section 11 of the bill. Thank you and I yield back.
▶ 2:38:03The gentleman yields. Uh does anyone s else seek recognition on this amendment? I now recognize myself for five minutes in opposition. Uh, striking the scores act preeemption provision eliminates the regulatory clarity needed to end the chaos of 33 conflicting state NIL laws.
▶ 2:38:29The score acts preeemption clause ensures there is a uniform national framework for college sports that applies to every athlete, school, and conference across all 50 states. Conflicting state laws have fueled an NIL policy race with state legislatures, creating competitive advantages that are not only favorable to their own universities, but also directly undermine NCAA authority.
▶ 2:38:58Without preeemption, every well-intentioned framework is derailed by conflicting state laws, creating legal uncertainty and competitive This fractured system does no one in college sports any good. And so I strongly oppose the amendment and I yield back being there is no further debate on the amendment.
▶ 2:39:28The question is on the amendment by the gentleman from Texas. All in favor say I.
▶ 2:39:35All oppose. No. No.
▶ 2:39:38In the opinion of the chair, the nos have it and the amendment is not agreed
▶ 2:39:43Chair, may I request a recorded vote,
▶ 2:39:44The no has it.
▶ 2:39:46The no has it.
▶ 2:39:48There's only one.
▶ 2:39:51Unless you said the eyes have it, in which case, you know, we'll take it.
▶ 2:39:54The the the nos have it. We'll we'll we'll take that. Um a roll call is ordered. Pursuant to the chair's previous announcement, this vote will be Are there any further amendments to the amendment and a nature of a substitute uh to HR4312?
▶ 2:40:14Mr. Chair, I have an amendment at the
▶ 2:40:20For what purposes does the gentleman from Washington seek to be recognized?
▶ 2:40:24Uh thank you, Mr. Chair. This is my fourth and final uh amendment uh amendment 023.
▶ 2:40:29The clerk will report the amendment. Amendment to the amendment in the nature of a substitute to HR4312 offered by Mr. Bombgartner of Washington identifier B aumga GA_023.
▶ 2:40:43I now recognize the gentleman from Washington for five minutes in support of his amendment.
▶ 2:40:49Uh thank you Mr. uh chair. This uh uh amendment uh again deals with the um uh underlying absurdity of uh athletic competitions during the academic school year for uh student athletes that are uh highly subsidized by the American taxpayer and why the Congress as uh representatives the American taxpayer have a direct and uh vested interest in this issue.
▶ 2:41:16uh if we can't ban the burden, we should at least support the students uh living under it. Uh this amendment uh would put a uh fee uh or a stipend I should say or stipen requirements that if a school is going to send a student athlete across more than two time zones uh for an athletic competition during the academic school year and inevitably causing uh great dist uh distress to their academic studies.
▶ 2:41:44uh that they should get a stipend uh for doing that and they should also be required to provide academic uh tuition support and this amendment also looks at students have a greater role in uh in say of of uh advisory committees as well too. Again, there's a direct uh public interest here.
▶ 2:42:01And all these schools that uh felt forced in this stampede uh to chase uh uh ESPN and Fox Sports uh big time football TV money and this rush of college football realignment. Uh in the last couple years, uh all of them uh almost all of them, not all, but almost all of them would like to find a way back out. They can't do it themselves.
▶ 2:42:27uh this amendment uh would uh really provide some needed safeguards for student athletes first and foremost and then may provide uh the incentive for them uh to make uh a decision that's in the better interest uh of their student athletes. You know, there is uh uh a lot that has uh gone wrong with college athletics in the last four years.
▶ 2:42:53Um, one of them really being this slide toward professionalization across all things. Uh, but le let's let's give these student athletes uh at least a chance to complete their um their academic uh work in good standing and uh and comp and at least provide some safeguards if they are going to get sent uh on a school night uh across the country that they get some support and some stipen for that. And so I'd urge everyone to support uh the amendment.
▶ 2:43:24The gentleman yields back. Does anyone else seek recognition on this amendment? I now recognize myself for five minutes in opposition. I respect and support the gentleman from Washington's intent to give student athletes an avenue to provide input on policies that impact However, NCAA rules already require all division one institutions to have student athlete advisory committees,
▶ 2:43:54ensuring athletes have a say. In addition, the ANS offered by Representative Mlan includes new language requiring conferences and governing bodies like the NCAA to include student representatives in decision making. We recognize the importance of a student voice, which is why the an ANS uh addresses this issue.
▶ 2:44:22That said, I would like to work with the gentleman on this topic as this bill moves to the floor. Additionally, I support my colleagues concern with student athletes traveling across multiple time zones for sporting events.
▶ 2:44:37Unfortunately, this is a regular procedure for many schools and imposing a requirement that they must provide a uh stipen to each student athlete is overly prescriptive and would likely cause more harm than good. I respectfully oppose this amendment and I yield back. Being no further debate on the amendment, the question is on the amendment by the gentleman from Washington.
▶ 2:45:06All in favor say I. I.
▶ 2:45:08All oppose. No. No. In the opinion of the chairs, the nos the chair the nose have it. And the amendment is not agreed A roll call vote is ordered. Pursuant to the chair's previous announcement. This vote will be postponed. Are there any further amendments to the amendment and the nature of the substitute uh to HR 4312? For what purpose does the gentle lady from Arizona seek to be recognized?
▶ 2:45:37Mr. Chair, I have an amendment at the
▶ 2:45:39The clerk will report the amendment.
▶ 2:45:42Amendment to the amendment in the nature of a substitute to HR4312 offered by Miss Ansari of Arizona
▶ 2:45:53For what purposes the gentleman from Utah seek to be
▶ 2:45:56reserve point of order.
▶ 2:45:56A point of order is reserved. I now recognize the gentle lady from Arizona for five minutes in support of her
▶ 2:46:04Thank you. Nowhere in this bill does it make any mention of Title 9 or set requirements when it comes to sex discrimination, which has been documented in the sports world time and time again. This amendment is about protecting student athletes from abuse, harassment, and discrimination. It's about ensuring that every staff member who works with athletes knows the rights these students are entitled to and knows what to do if those rights are being violated.
▶ 2:46:31Republicans keep talking about wanting to protect women and girls in sports. If that's true, then they should vote for this amendment. They probably won't because here's the truth. Republicans in Congress have shown again and again that they are willing to look the other way when it comes to sex abuse in sports. They did it when Jim Jordan, now one of the most powerful Republicans in Congress, refused to take action as student athletes at Ohio State were being abused by a team doctor.
▶ 2:47:00Multiple former wrestlers have testified that Jordan knew that he was told that he did nothing. Not only did he do nothing, but since then he's worked to discredit survivors and rewrite history to avoid and yet now he's the chair of the very powerful judiciary committee. Or look at Linda McMahon who ran the WWE and is now Trump's education secretary.
▶ 2:47:28For years under her leadership, WWE was a hotbed of sexual misconduct and toxic workplace culture. And it wasn't until public pressure mounted that real scrutiny even began. Again, a pattern of looking away, of shielding abusers and prioritizing power over people. And it's not just in sports. They've ignored and downplayed allegations against President Trump himself for years.
▶ 2:47:57This is a party whose leader has been found liable in a court of law for sexual abuse. This tolerance of sexual discrimination and abuse is a systemic failure and one that too many Republicans in power have enabled. Most of them will probably vote against this amendment that would make it more likely for abuse to be reported when it happens.
▶ 2:48:25This amendment simply says if you work with college athletes, you should know what Title 9 is. You should know how to report discrimination. And if you suspect abuse, you don't bury it. You don't sit on it. You don't cover it up. You report it. To my Republican colleagues, if you vote against this amendment, you're choosing to side with silence. You're choosing to uphold a system that lets abuse fester.
▶ 2:48:55You're saying yet again that protecting students comes second to protecting I for one am proud to stand on the side of survivors, of student athletes, and of basic decency. I urge my colleagues to vote yes and I yield back. I thank the gentle lady. Now I recognize u gentle gentleman from Georgia, Mr. Allen for five minutes.
▶ 2:49:22Uh I may strike the last word.
▶ 2:49:25Gentleman is recognized. Uh I would like to uh bring up two points of order that have come up. We're marking up uh this uh as well in the energy and commerce committee uh today and two amendments that are going to be part of of that markup uh in energy and commerce.
▶ 2:49:49uh first uh is uh under military service academy and NIL remarks. Uh the August uh is going to propose an amendment uh to support uh legislation and support this legislation. appreciate the hard work uh this committee, the engine commerce committee and judiciary committee have done to work together to this uh tri committee process on the score act.
▶ 2:50:19However, I'd like to echo the concerns of a colleague of mine that were brought up, August Luger, that brought up in the Energy and Commerce Committee regarding military service academy athletes name, image, and likeness. When it comes to US Air Force Academy, NIL and the transfer portal have cost the academy and taxpayers over $28 million. Over 111 total cadet athletes have transferred out of the academy.
▶ 2:50:42And considering the cost of education at the academy is valued at over $165,000, this has a significant financial implications on the taxpayer. Given that service is integral to the me mindset of military servicemies, NIL is incompatible with their mission and commitment to service. For every cadet athlete who transfers out of a service academy, a spot has been taken away from a cadet who wishes to serve their country as a commissioned officer.
▶ 2:51:13I hope that the Education Workforce Committee will work with ENC and Congressman Fluger to address this critical issue. Thank you. And uh then I have another amendment. Uh uh this amendment basically codifies the old NCAA 5 years of eligibility eligibility rules for NIL.
▶ 2:51:35I hope that the committee will work with Representative Palmer on this important issue and basically what it does it it says that uh a student athlete may enter into a name, image and likeness agreement. uh it makes academic progress towards graduation gradu graduating with an undergraduate degree from the institution and graduates within five years after the date of enrollment in that institution.
▶ 2:52:00And in the case of a transfer from another institution at the end of an academic year, the student athlete has sufficient credits to qualify for the next academic year. And those uh two amendments will be proposed during the amendment process as this bill moves to the floor. and I would appreciate the education and workforce uh uh support of these two amendments. And with that, I yield back. I thank the gentlemen.
▶ 2:52:28Are there any others who seek to speak on this this amendment? I now recognize myself for five minutes to speak in opposition to the amendment. I appreciate my colleague on the other side of the aisle's intention to ensure student athletes know their rights under Title 9.
▶ 2:52:52However, the NCAA already mandates annual Title 9 training for student athletes and athletic department employees, making the amendments training requirements duplicative. Furthermore, nothing in the SCORE Act diminishes Title 9 enforcement as section 7 explicitly preserves its protections, ensuring no conflict with existing federal law.
▶ 2:53:16Existing Title 9 compliance mechanisms, including institutional policies and oversight by the Department of Education's Office for Civil Rights are robust and sufficient to address sex discrimination in athletics, rendering the amendments requirements redundant. That said, we are all interested in ensuring that institutions and their students and employees understand their Title 9 obligations and rights.
▶ 2:53:48Democrats expression of concern for female student athletes rings hollow. Earlier this Congress, the House of Representatives approved HR28, the Protection of Women and Girls in Sports Act. This bill guarantees women's access to a fair playing field, ends discrimination against women, and restores safety and privacy to female student athletes.
▶ 2:54:16Only two Democrats voted for that bill, neither of whom are on this committee. I urge my colleagues to ignore the hypocritical claims from my Democrat colleagues that they are concerned about protecting and expanding women's sports and I urge opposition to this amendment.
▶ 2:54:44Being that there are no fur there is no further debate on the amendment. The question is on the amendment by the gentle lady from Arizona. All in favor say I.
▶ 2:54:55All oppose. No. No. In the opinion of the chair, the nos have it and the amendment is not agreed to.
▶ 2:55:02Mr. Chairman, recorded vote, please.
▶ 2:55:04A roll call vote is ordered. Pursuant to the chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment in the nature of a substitute to HR 4312? Uh, for what purpose does the gentleman from Virginia, the ranking member, seek to be recognized? I
▶ 2:55:25have an amendment at the desk. Scott
▶ 2:55:29The clerk will report the amendment.
▶ 2:55:31Amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. Scott of Virginia identifier Scott
▶ 2:55:42Does a gentleman from Utah reserve a
▶ 2:55:44reserve? Point of order.
▶ 2:55:45Point of order is reserved. I now recognize the gentleman uh from Virginia, the ranking member for 5 minutes in support of the amendment.
▶ 2:55:52Thank you, Mr. Chairman. This is a simple amendment. It just for whatever rights the students have left, it just makes sure that they have right to vindicate those that they have an opportunity to vindicate those rights. they don't get their three-year little three-year health benefits or they don't have access to the NI nil benefits, they ought to be able to vindicate those rights. It says you have a private right of action. Um, under title six, there's no private right of action.
▶ 2:56:22So, we want to make sure they don't get caught up in something like this. This specifically says they have a private right of action to enforce the um rights that are left after this bill passes. Does the gentleman reserve the point of order? Point of order is is is is not reserved. Um does anyone else seek recognition on this amendment?
▶ 2:56:58I now recognize myself for five minutes in opposition. and I thank the ranking member for his amendment, but I must oppose it. We have added additional enforcement language to the bill in the ANS. For example, under the ANS, institutions will have to comply with the requirement outlined in section five of the bill as a condition on participating in federal student aid programs under title four of the higher education act.
▶ 2:57:25Additionally, the ANS gives uh state attorneys general the power to enforce the bill's protections of student athletes NIL rights under section three. Because of these additional enforcement measures added to the bill through the NS, I do not believe that a private right of action is necessary. I urge my colleagues to oppose amendment and support the underlying bill and I yield back.
▶ 2:57:56Being no further debate on the amendment, the question is on the amendment by the gentleman from Virginia. All in favor say I.
▶ 2:58:04All oppose, no. No. In the opinion of the chair, the nose have it. An amendment is not agreed to.
▶ 2:58:13A recorded vote is ordered. Pursuant of the chair's previous announcement, this bill, this vote will be postponed. Are there any further amendments to the amendment and the nature of a substitute to HR 4312? For what purposes? Gentleman from Virginia seek to be recognized.
▶ 2:58:31Mr. Chairman, I ask unanimous consent to enter into the record letters from the American Economic Liberties Project, clasp, American Association for Justice, the FLCL Sports Council, the National College Players Association, the Women's Sports Foundation, and the Democratic Women's Caucus, all in opposition to
▶ 2:58:56Without objection, they will be entered. Are there any further amendments to the amendment in the nature of a substitute HR 4312? Let me let me notify uh the committee that we will suspend for a few minutes and then return.
▶ 3:05:54Pursuant to the previous order, the chair declares the committee in recess subject to the call of the chair. We expect to reconvene at 2:30 p.m. uh for votes.
▶ 3:06:08So the committee stands in public
▶ 5:09:35service announcement. While we're all waiting for others to to arrive here, you might
▶ 5:14:14is on his way. Committee will reconvene and come to order following our recess. We will proceed to postpone requests for recorded votes. Uh we will now be voting on four amendments to the amendment and a nature of a substitute to HR 1319.
▶ 5:14:35Mr. Chairman, Mr. Chairman, I move to strike the last word pursuant to House Rule 11, clause 2H4B, which states that upon returning to postponed questions, the underlying proposition remains subject to further debate or amendment to the same extent as when the question was postponed. And therefore, I move to strike the last word and speak.
▶ 5:15:00You're recognized.
▶ 5:15:01Uh thank you. Thank you, Mr. Chairman. Mr. Chairman, the and colleagues, the committee markup today noticed that we would consider House Resolution 4307, the Enhancing Detection of Human Trafficking Act, which is bipartisan legislation on assisting criminal law enforcement through the Department of Labor in detecting human trafficking, but it has been abruptly moved from consideration. Uh Mr. Chairman and colleagues, the public deserves to know the reason why the bo bill was pulled.
▶ 5:15:29Uh, is it because the majority did not want to vote on my amendment requiring the Department of Labor to release the Epstein files? The American people deserve to learn the circumstances and full scope of the crimes Mr. Epstein committed, and it's definitely relevant to this bill because it's through the Department of Labor that this work on human trafficking is happening. That's what this bill is about. And if you may recall, Mr.
▶ 5:15:54uh chairman and colleagues uh Donald Trump's first labor secretary was Alex Acasta who was the prosecutor who entered into a sweet deal with uh with Jeffrey Epstein and then later had to resign once there was an investigation into that uh plea deal. I I hope it's not uh because the Republican majority wants to cover up for a sex offender. I don't think that's what these uh members of this committee believe in. This is about transparency. Um Mr. chairman and colleagues.
▶ 5:16:22Last week, Speaker Johnson said, "The House Republicans are for transparency." Yet, my colleagues, are you willing to go to great lengths to keep this information in the shadows? Uh, I I'm concerned, Mr. Mr. Chairman, because the public deserves transparency.
▶ 5:16:38Uh we we know that there were problems uh through the first uh labor secretary and we know that once that deal came to light through an investigation by the Justice Department's Office of Professional Responsibility, it received bipartisan condemnation, including from a former Republican Senator Sass, who said letting a well-connected billionaire get away with child rape and international sex trafficking isn't poor judgment. Is it a disgusting failure?
▶ 5:17:06Americans ought to be enraged and then Secretary Aosta resigned. Now, m Mr. Mr. Chairman, this is an opportunity for us as a committee when we're working on addressing child trafficking and human trafficking to say we want transparency. Even former Secretary Aosta said that the Epstein affair was vastly more lured and sweeping than when he was first involved. So, Mr. Chairman and committee members, I've been in this committee for more than a dozen years.
▶ 5:17:34I've had the opportunity to spend time with you and get to know many of you on the other side of the aisle and we might not always agree on policies, but I can't imagine that any of you uh in this committee would want to cover up for a sex offender or make excuses for anyone who participated in sex trafficking. I certainly hope that you agree and do the right thing for America and for your constituents. If you support transparency, this should have been an easy yes vote.
▶ 5:18:03I'm disappointed that we are not able to consider this amendment today. I hope we can at a future time. Uh it's it's really about the transparency the American people deserve and I yield back.
▶ 5:18:15Gentle lady yields. This gavel and the committee's agenda authority rests solely with the chair. Therefore, the chair has discretion whether or not to consider measures at committee markups. We'll therefore continue with our next item, consideration of postponed requests for recorded votes. The amendment offered by Representative Ansari AMD03.
▶ 5:18:48A recorded vote is requested. Members will record their votes,
▶ 5:18:52Mr. Chairman.
▶ 5:18:53Using the electronic voting system,
▶ 5:18:55Mr. Chairman.
▶ 5:18:57Mr. Chairman, could you um
▶ 5:18:59Mr. Mr. Chairman,
▶ 5:19:00could you give the brief description of what we're voting on?
▶ 5:19:02I move I move the previous question.
▶ 5:19:04Wait, wait, wait.
▶ 5:19:06Brief description. What?
▶ 5:19:07Just read the description of what we're voting on.
▶ 5:19:10Uh it's uh Representative Ansari's AMD03 excludes flexible work arrangements from consideration and determining whether an individual is an employee or of another A recorded vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote no.
▶ 5:19:34Thank you. Member vote. Yes.
▶ 5:19:38The clerk will open the vote. Have all members been recorded who wish to be recorded?
▶ 5:20:05Do any members wish to change their Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:20:14Mr. Chairman on this vote there are 16 yays and 19 nays.
▶ 5:20:18The amendment is not adopted.
▶ 5:20:22The question now occurs on the amendment and the nature of a substitute as amended to HR 1319. All in favor say the next amendment we're doing miss. Oh miss le. Okay, the next amendment, I guess we have the four amendments here. The next amendment is Representative Lee's amendment AMD04.
▶ 5:20:53Requires a court rather than an arbitrator regardless of any contractual provision to determine whether an individual is an independent contractor rather than an employee. Recorder vote is requested. Members will record their votes using electronic voting system. The chairman intends to vote no.
▶ 5:21:10Ranking member intends to vote yes. The clerk will open the board. Have all members been recorded who wish to be recorded? Do any members wish to change their Hearing none, will the clerk please close the vote to announce the tally?
▶ 5:21:40Mr. Chairman, on this vote there are 16 yays and 19 nazs.
▶ 5:21:44The amendment is not adopted. The next amendment is the Omar amendment The chairman intends to vote no.
▶ 5:22:00Uh could you describe the bill we're voting on?
▶ 5:22:02You don't have them written down for uh clarifies the details of the way the work is performed does not include the exercise by worker of discretion that is ordinary and customary. I intend to vote
▶ 5:22:14That's correct. The chairman intends to vote no. The clerk will open the board. Have all members been recorded or wish to be recorded? Do any members wish to change their Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:22:42Mr. Chairman, on this vote, there are 16 yays and 19 nays.
▶ 5:22:47amendment is not adopted. We now move to uh repres Representative Bonamichi's amendment prohibiting application of the bill in cases related to unlawful child labor under the Fair Labor Standards Act AMD01. The chairman intends to vote no.
▶ 5:23:04Ranking member intends to vote yes.
▶ 5:23:06The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their Hearing none, will the clerk please close the vote, announce the tally? Mr. Chairman, on this vote, there are 16 yays and 19 nays.
▶ 5:23:30The amendment is not adopted. The question now occurs on the amendment in the nature of a substitute as amended to HR 1319. All in favor say I. I
▶ 5:23:48all opposed. No.
▶ 5:23:51In the opinion of chair, the eyes have it and the amendment in the nature of a substitute as amended is agreed to. I hereby move that the committee report the bill HR 1319 to the House of Representatives with amendment and with recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say I. I.
▶ 5:24:19All oppose. No.
▶ 5:24:21In the opinion of the chair, the eyes have it and the motion is agreed to.
▶ 5:24:25Recorded vote.
▶ 5:24:26Recorded vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote. I
▶ 5:24:35member intends to vote no.
▶ 5:24:37Please open the vote. Have all members been recorded who wish to be recorded?
▶ 5:24:50Do any members wish to change their
▶ 5:24:54Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:24:59Mr. Chairman, on this vote there are 19 yays and 16 nays.
▶ 5:25:03The eyes have it and the motion is agreed to. HR 1319 as amended and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record that a quorum is present. I hereby move that the committee report the bill HR 1320 to the House of Representatives with amendment
▶ 5:25:27and with the recommendation.
▶ 5:25:28Mr. Chairman,
▶ 5:25:30to go through some stuff.
▶ 5:25:32We've already voted 1320. No amendments.
▶ 5:25:38I don't remember that we took the Did we take the vote? Yes.
▶ 5:25:44Don't you have to go through?
▶ 5:25:47Yeah, we already voted on.
▶ 5:25:53Members have to say that after we do the vote on the
▶ 5:26:02We just passed the bill. days on the previous. I hereby move that the that the committee report the bill HR1320 to the House of Representatives with amendment and with recommendation that the amendment be agreed to and the bill do pass.
▶ 5:26:31The question now occurs on the chair's motion. All in favor say I.
▶ 5:26:38All oppose. No.
▶ 5:26:40In the opinion of the chair, the eyes have it and the motion is agreed to.
▶ 5:26:45Recorder vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote I. Right.
▶ 5:26:53Member intends to vote no. Have all members been recorded who wish to be recorded?
▶ 5:27:11Do any members wish to change their
▶ 5:27:16Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:27:20Mr. Chairman, on this vote, there are 19 yays and 16 nazs. The eyes have it and the motion is agreed to. HR 1320 as amended and the company materials shall be transmitted to the House of Representatives. The chair notes for the record that the quorum is present.
▶ 5:27:59We'll now be voting on one amendment to the amendment in the nature of a substitute to HR 4366. Amendment offered by
▶ 5:28:13Representative Adams. Adams NC_529 prevents the provision amending the definition of employer under the Fair Labor Standards Act from coming into effect in cases of unlawful child labor under the FLSA. A recorded vote is requested. Members will record their votes using electronic voting system. The chairman intends to vote no.
▶ 5:28:44Ranking member intends to vote. Yes.
▶ 5:28:46Please open the vote. Have all the members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the
▶ 5:29:07Mr. Chairman, on this vote there are 16 yays and 20 nazs. The amendment is not The question now occurs on the amendment and the nature of a substitute as amended to HR 4366. All in favor say I. I.
▶ 5:29:28All oppose. No.
▶ 5:29:31In the opinion of the chair, the eyes have it and the amendment and the nature of a substitute is agreed to. I hereby move that the committee report the bill HR4366 to the House of Representatives with amendment and with recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say I.
▶ 5:29:56All oppose. No.
▶ 5:29:58In the opinion of the chair, the eyes have it and the motion is agreed to.
▶ 5:30:01Recorded vote.
▶ 5:30:02Recorded vote is requested. Members will record their votes using electronic voting system that the chairman intends to vote I.
▶ 5:30:10Rank member intends to vote no.
▶ 5:30:12Open the vote, please. Have all members been recorded or wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:30:30Mr. Mr. Chairman, on this vote there are 20 ys and 16 nazs.
▶ 5:30:34Mr. Chairman, I have an amendment at the desk uh pursuant to House Rule 11.
▶ 5:30:40Mr. Chairman,
▶ 5:30:42um chairman, I move I move the previous question on the amendment in the nature of a substitute and all amendments there too. M
▶ 5:30:50Mr. Chairman, I have an amendment.
▶ 5:30:51The question is on ordering the previous
▶ 5:30:54All those in favor say I.
▶ 5:30:57I. All those opposed say no.
▶ 5:31:01In the opinion of the chair, the eyes have it. And the previous question is ordered on the amendment in the nature of a substitute. Previous question having been ordered on the amendment in the nature of a I hereby move that the committee report the bill HR4366 that the House of Representatives with and with the recommendation that the amendment be agreed to and the bill do pass.
▶ 5:31:29The question now occurs on the chair's motion. All in favor say I.
▶ 5:31:34I. All oppose. No.
▶ 5:31:38In the opinion of the chair, the eyes have it and the motion is agreed to. What are was that?
▶ 5:31:50Do you want to record a vote?
▶ 5:31:53What was the motion?
▶ 5:31:55I'm inquiry, Mr. Chairman.
▶ 5:31:58What was the motion?
▶ 5:32:01To to report 4366
▶ 5:32:06Did we have a vote? Did we have a vote on the um
▶ 5:32:10amendment and nature of a substitute? We did. Yes.
▶ 5:32:16Recorded vote then.
▶ 5:32:17Recorded votes has been requested. The members will record their votes using the electronic voting system. The chairman intends to vote. I
▶ 5:32:27member intends to vote no.
▶ 5:32:29Please open the vote. Have all members been recorded who wish to be recorded?
▶ 5:32:48Do any members wish to change their Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:32:55Mr. Chairman, on this vote there are 20s and 16 nays.
▶ 5:33:00The eyes have it and the motion is agreed to. HR 4366 as amended and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record that a quorum is present.
▶ 5:33:13Mr. Chairman, I have an amendment at the desk to HR4312, the next bill to be
▶ 5:33:17Mr. Chairman, I move the previous question and the amendment in the nature of substitute and all amendments there
▶ 5:33:22The question is on ordering the previous question. All those in favor say I. I.
▶ 5:33:28All those opposed, no. In the opinion of the chair, the eyes have it and the previous question is ordered on the amendment and the nature of a substitute.
▶ 5:33:37Roll call vote is requested.
▶ 5:33:39Uh the chairman intends to vote no
▶ 5:33:45on the roll call. The chairman intends to vote yes.
▶ 5:33:48Disagreeable. I'll vote no too.
▶ 5:33:50Chairman intends to vote I
▶ 5:33:53to vote no.
▶ 5:33:55The clerk will open the the board. She's creating
▶ 5:34:10parliamentary inquiry. What are we voting on, sir?
▶ 5:34:13Voting on the basing on the motion.
▶ 5:34:17We're We're voting on the motion to move the previous question which will end
▶ 5:34:23for which bill?
▶ 5:34:264312. 4312. Do they get to do this everyone? The clerk is creating the vote for the
▶ 5:34:49Is it ready?
▶ 5:34:52The uh chairman intends to vote yes. to vote no on previous question.
▶ 5:35:05The clerk will open the the vote on the previous question. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally on the previous question?
▶ 5:35:36Mr. Chairman, on this vote, there are 20 and 16 nays.
▶ 5:35:42Now we move to the proceeds, We'll now proceed to the amendment offered by Mr. Courtourtney uh titled Cur TN24 extends medical coverage for student athletes from three years to 10 year.
▶ 5:36:11The amendment uh a recorded vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote no.
▶ 5:36:25The clerk will open the vote. Have all members been recorded or wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the Mr. Chairman, on this vote there are 16 yays and 20 nazs.
▶ 5:36:52The amendment is not adopted. We now move to uh representative representative Bombgartner. Uh Bombga under SL020 is titled requires a council established in the section six to develop policies on revenue sharing between institutions and compensation A recorded vote is requested. Members will record their votes using electronic voting system.
▶ 5:37:23The chairman intends to vote no.
▶ 5:37:27Member intends to vote yes.
▶ 5:37:28Please open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally? Mr. Chairman, on this vote there's 16 yays and 19 nays.
▶ 5:37:57The amendment is not adopted. We now move to Representative Lee's amendment. Lee SAMD strikes the prohibition on student athletes becoming employees. A recorded vote is requested. Members will record their votes using an electronic voting system. The chairman intends to vote no. Actually member
▶ 5:38:19intends to vote yes.
▶ 5:38:20Please open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:38:40Mr. Chairman, on this vote there are 15 yays and 20 nazs.
▶ 5:38:44The amendment is not adopted. We now move to Representative Bombgardner's amendment. Bombga021 requires any institution that provides compensation to student athletes to distribute compensation in equal amounts to all student athletes. A recorded vote is requested. Members will record their votes using electronic voting system. The chairman intends to vote no.
▶ 5:39:09Intend to vote yes.
▶ 5:39:11Please open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:39:39Mr. Chairman, on this vote, there are 14 yays and 21 nays.
▶ 5:39:43The amendment is not adopted. We now move to an amendment by Representative Adams. Adams AMD02 inserts broad non-discrimination language regarding discrimination on the basis of sex into the bill. A recorder vote is requested. Members will record their votes using an electronic voting system. The chairman intends to vote no.
▶ 5:40:03Parliamentary inquiry. Mr. Chairman, could you read the description again?
▶ 5:40:07Inserts broad non-discrimination language regarding discrimination on the basis of sex into the bill. What's the next one? discrimination basics regionics associations.
▶ 5:40:42I'm reading it as I see it.
▶ 5:40:44We'll pull up the text. We'll pull up the text to make sure.
▶ 5:41:27I think
▶ 5:41:29discrimination on the basis of sex. Mr. Chairman, is this the amendment that prohibits discrimination on the basis of sex by interstate intercolgiate athletic
▶ 5:41:54That is correct.
▶ 5:41:55Thank you. A recorded vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote no.
▶ 5:42:10Ranking member intends to vote yes.
▶ 5:42:12Please open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their
▶ 5:42:30Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:42:35Mr. Chairman, on this vote, there are 16 yays and 19 nays.
▶ 5:42:41The amendment is not adopted. We now move to Representative Adams. significantly expands the reporting on athletics required in the higher education act to include reporting on inter mural and club level team sports. Also creates significant new reporting for colleges regarding a number of factors as it relates to college sports.
▶ 5:43:10A recorded vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote no.
▶ 5:43:18Ranking member intends to vote yes.
▶ 5:43:20Please open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:43:40Mr. Chairman, on this vote, there are 16 yays and 19 nazs.
▶ 5:43:44The amendment is not adopted. We now move to Representative Bombgardner's amendment. Bombga022 prohibits a conference from scheduling a regular season intercolgate athletics competition in a location that is more than two time zones away from the primary campus of the school.
▶ 5:44:04Mr. Chair, I'd like to withdraw the amendment.
▶ 5:44:09Representative Bombgardner, you request
▶ 5:44:28We'll just say just say
▶ 5:44:29represent Bong Gardner requests to withdraw this amendment without
▶ 5:44:39Should we do a voice for?
▶ 5:44:40No, it's fine. You're fine. We've already done the voice for We're good.
▶ 5:44:50Amendment was withdrawn. We'll proceed uh to the U. Casar amendment. CASAR AMD specifically strikes the preeemption language as it relates to compensation, payment, benefits, and employment status of student athletes. A recorded vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote no.
▶ 5:45:20Intend to vote yes.
▶ 5:45:21Uh please open the vote. Have all members been recorded or wish to be recorded? Do any members wish to change their vote? Hearing none, the will the clerk please close the vote and announce the
▶ 5:45:42Mr. Chairman, on this vote there are 15 yays and 20 nays.
▶ 5:45:47The amendment is not adopted. We now move to representative Bumgardner's amendment to BOMGA_23 requires institutions generating at least $20 uh $20 million in athletic revenue to establish a student athlete advisory committee to provide guidance on institutional policies affecting the well-being of student athletes.
▶ 5:46:12Requires these schools to also provide certain benefits to student athletes that are required to travel across more than two time zones. A recorded vote is requested. Members will record their votes using the electronic voting system. The chairman intends to vote no. Rank member intends to vote yes.
▶ 5:46:29Please open the vote.
▶ 5:46:35Have all members been recorded or wish to be recorded?
▶ 5:46:46Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:46:55Mr. Chairman, on this vote there are 16 yays and 19 nazs.
▶ 5:46:58The amendment is not adopted. We now move to represent Bombgardner's um
▶ 5:47:06excuse me. We we we move to rep Representative Ansari Ansari's amendment. Ansari AMD01 requires colleges to provide to any employee associated with athletics an annual training on Title 9. What conduct um constitutes sex discrimination and the procedure for submitting Title 9 complaints. Also requires that these employees notify the Title N coordinator when the employee has received information about sex discrimination.
▶ 5:47:38A recorded vote is requested. Members will record their votes using electronic voting system. The chairman intends to vote no.
▶ 5:47:44I member intends to vote yes.
▶ 5:47:45Please open the vote. Have all members been recorded who wish to be recorded.
▶ 5:47:59Do any members wish to change their
▶ 5:48:02Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:48:06Mr. Chairman, on this vote there are 16 yays and 20 nazs.
▶ 5:48:10The amendment is not adopted. We now move to uh Representative Scott's uh amendment. Scott AMD inserts a private right of action for both current or previous student athletes to bring an action in federal or state court against the interstate intercolgate athletic association or institution alleging a violation of the act. A recorded vote is requested. Members will record their votes using the electronic voting system.
▶ 5:48:40The chairman intends to vote no.
▶ 5:48:42Rank member intends to vote yes.
▶ 5:48:44Please open the vote. Have all members been recorded who wish to be recorded?
▶ 5:48:58Do any members wish to change their Hearing none. Will the clerk please close the vote and announce the tally?
▶ 5:49:07Mr. Chairman, on this vote there are 16 yays and 20 nazs.
▶ 5:49:11The amendment is not adopted. The question now occurs on the amendment in the nature of a substitute as amended to HR 4312. All in favor say I. I.
▶ 5:49:28All oppose. No. In the opinion of the chair, the eyes have it. An amendment in the nature of a substitute as amended is agreed to.
▶ 5:49:36Recorded vote.
▶ 5:49:42records. Not the NS. Not the NS.
▶ 5:49:50I hereby move that the committee report the bill HR4312 to the House of Representatives with amendment and with the recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say I. I.
▶ 5:50:04All oppose? No.
▶ 5:50:06In the opinion of the chair, the eyes have it and the motion is agreed to.
▶ 5:50:11Record vote. Record a vote as requested. Members will record their votes using the electronic voting system. The chairman intends to vote I. Record intends to vote no.
▶ 5:50:21Please open the vote. Have all members been recorded or wish to be recorded? Do any members wish to change their
▶ 5:50:53Hearing none, will the clerk please close the vote and announce the tally?
▶ 5:50:58Mr. Chairman, on this vote, there are 18 yays and 17 nazs. The eyes have it and the motion is agreed to. HR 304312 as amended and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record that a quorum is present. I ask unanimous consent that staff be authorized to make necessary technical and conforming changes to today's bills. Without objection, so ordered.
▶ 5:51:23Pursuant to House Rule 9 or 11 clause 2L, I give notice that all members have the requisite number of days to file supplement minority, additional or desending views without objection. So ordered. Without objection, any member who wishes to insert materials in the record may do so by submitting them to the committee clerk electronically by the end of the day today. If there's no further business before the committee,
▶ 5:51:49Mr. Chairman, I notify the committee that I intend to submit dissending
▶ 5:51:57I intend to submit dissenting views.
▶ 5:52:00That's not that important.
▶ 5:52:04That's fine.
▶ 5:52:05Without objection, the committee stands
▶ 5:52:09Congratulations. Now you can