Markup of Two Bills

Education and Workforce MarkupsHouse Energy and Commerce · July 23, 2025 · 119th Congress
The House Energy and Commerce Committee met to mark up two bipartisan bills: the SCORE Act (HR 4312), which would create a national framework governing college athlete name, image, and likeness (NIL) compensation, revenue sharing, and NCAA/conference authority, and HR 4273, the OTC Monograph Drug User Fee Amendments (AMUFA), reauthorizing FDA user fees for over-the-counter drug review ahead of a September 30, 2025 expiration. Begins at ▶ 0:19:17
Transcript
Highlights

Title

Markup of the SCORE Act on college athletics and FDA OTC drug user fees

Purpose

The House Energy and Commerce Committee met to mark up two bipartisan bills: the SCORE Act (HR 4312), which would create a national framework governing college athlete name, image, and likeness (NIL) compensation, revenue sharing, and NCAA/conference authority, and HR 4273, the OTC Monograph Drug User Fee Amendments (AMUFA), reauthorizing FDA user fees for over-the-counter drug review ahead of a September 30, 2025 expiration. The SCORE Act drew extended debate over antitrust exemptions, federal preemption of state law, athlete employment status, and enforcement, while AMUFA saw broader bipartisan support amid concerns about FDA staffing cuts. Begins at▶ 0:19:17

Who spoke

• Chairman Brett Guthrie (R-KY)▶ 0:19:17: Opened the markup, welcomed guests, and outlined the SCORE Act's bipartisan development and the AMUFA reauthorization ahead of the September 30 deadline▶ 0:22:26; later ruled on germaneness points of order▶ 1:24:20▶ 3:39:15.

• Rep. Frank Pallone (D-NJ), Ranking Member▶ 0:22:56: Called the SCORE Act "a major giveaway" to the NCAA lacking athlete protections▶ 0:23:25; criticized Trump administration FDA/NIH cuts, citing a CBO estimate of 53 fewer new drugs approved▶ 0:27:11; later introduced a letter from state attorneys general opposing the bill▶ 0:54:47.

• Rep. Debbie Dingell (D-MI)▶ 0:28:29: Said she could not support the bill today despite supporting the goal, citing rushed timing and over 200 constituent calls on the issue▶ 0:31:10; later raised concerns about antitrust immunity and Title IX enforcement▶ 1:13:03.

• Rep. Kathy Castor (D-FL)▶ 0:31:50: Criticized Trump administration cuts to university research funding and student aid▶ 0:32:30; argued the score act needs more time and offered amendments on antitrust and Title IX▶ 0:34:10.

• Rep. Sheila Cherfilus-McCormick / "Vy" (D-FL)▶ 0:35:13: Contrasted "old west" scandals (SMU, Eric Dickerson) with concerns about the "new west," including transfer portal abuse and predatory agents▶ 0:35:43.

• Rep. Kim Tran / Trahan (D-MA)▶ 0:38:28: Said the score act still grants excessive NCAA power in exchange for only three years of health care and no real enforcement▶ 0:39:39; offered amendments striking the antitrust exemption, employment ban, and preemption sections▶ 1:19:23.

• Rep. Troy Carter (D-LA)▶ 0:41:41: Said the bill "misses the mark" on protecting athletes and undermines state legal protections▶ 0:42:38; offered an amendment adding FTC enforcement authority▶ 1:56:04 and one for HBCU funding▶ 3:22:06, both withdrawn after commitments to continue work.

• Rep. Robin Kelly (D-IL)▶ 0:45:31: Said the process was premature and expressed disappointment that Republicans moved ahead without more negotiation▶ 0:46:31.

• Rep. Russ Fulcher (R-ID)▶ 0:47:00: Said the bill was not premature, citing work since February, and praised provisions helping mid-size schools access athletic association funds and commission representation▶ 0:47:39.

• Rep. Gus Bilirakis (R-FL)▶ 0:48:43: Offered the amendment in the nature of a substitute, describing changes narrowing preemption, capping agent fees at 5%, and adding an FTC agent study▶ 0:49:18; later addressed Title IX language▶ 1:10:11.

• Rep. Russ Fry (R-SC)▶ 0:58:00: Supported the AIS, praised inclusion of smaller/midsize institutions in governance▶ 0:58:47; later opposed Rep. Clark's amendment as gutting the bill's stability purpose▶ 1:29:01.

• Rep. Diana DeGette (D-CO)▶ 1:00:53: Highlighted the collegiate system's role in Olympic development (75% of Team USA from college sports) and criticized proposed GAO budget cuts undermining the bill's Olympic sports study▶ 1:04:16.

• Rep. Kathy Castor (D-FL), on Title IX▶ 1:06:02: Pressed Chairman Guthrie on why the SCORE Act was silent on Title IX protections▶ 1:07:12.

• Rep. Lori Trahan (D-MA)▶ 1:13:03: Detailed concerns about athlete representation, antitrust liability shielding abuse, and lack of independent oversight▶ 1:14:20.

• Rep. Troy Carter of Louisiana, amendment offers: (see above).

• Rep. Jan Schakowsky / unspecified members voting: Participated in roll calls without floor remarks.

• Rep. Yvette Clarke (D-NY)▶ 1:26:10: Offered amendment striking the antitrust exemption and preemption sections, citing risks to athletes injured by coaches or dying of heat stroke▶ 1:28:15.

• Rep. Darren Soto (D-FL)▶ 1:33:59: Recounted Jameis Winston's poverty amid program wealth as context for reform, supported limited preemption and collective bargaining protections▶ 1:36:29.

• Rep. Scott Peters (D-CA)▶ 1:39:10: Said he supports a national preemption standard and an antitrust exemption in concept but couldn't support the bill without stronger enforcement▶ 1:40:32.

• Rep. Kathy Castor, on enforcement▶ 1:41:49: Questioned whether the AIS rules-of-construction language preserved athletes' rights to sue for breach of contract, fraud, or sexual assault; committee counsel confirmed yes▶ 1:43:37▶ 1:44:45.

• Rep. Lori Trahan, on preemption/antitrust sunset▶ 1:45:32: Proposed narrowing the antitrust exemption and adding a 9–10 year sunset tied to the House settlement or media rights renegotiation▶ 1:48:00.

• Rep. Troy Carter (D-LA), FTC amendment▶ 1:55:09: Proposed giving the FTC joint enforcement authority alongside state AGs, citing inconsistent state enforcement▶ 1:56:43.

• Rep. Ro Khanna / "Mullen" (D-CA)▶ 2:38:23: Offered amendment codifying a fiduciary duty for athlete agents, citing a Texas case where an agent moved 11 athletes into a trailer and harassed one over text▶ 2:40:14.

• Rep. Gary Palmer (R-AL)▶ 2:48:22: Offered (then withdrew) an amendment requiring academic progress toward a degree within five years for NIL eligibility, drawing on his experience as a walk-on player at Alabama▶ 2:49:24.

• Rep. Kathy Castor, financial aid amendment▶ 2:55:00: Offered (then withdrew) an amendment tying degree-completion financial aid to current cost-of-attendance levels▶ 2:56:01.

• Rep. Doris Matsui (D-CA)▶ 2:58:12: Offered (then withdrew) an amendment on interstate athletic association membership transparency, citing Sacramento State's exclusion risk▶ 2:59:06.

• Rep. Paul Tonko (D-NY)▶ 3:02:35: Offered an amendment banning college athlete proposition betting, citing player harassment from bettors, referencing his Safe Bet Act▶ 3:04:28; also offered a transfer-portal academic credit disclosure amendment▶ 3:08:00 (withdrawn).

• Rep. Marc Veasey (D-TX) [2:39:39 / 3:26:33]: Offered several withdrawn amendments on transfer academic advising▶ 3:26:33, mid-tournament transfer limits▶ 3:30:33, and an "Epstein files" effective-date amendment tied to Larry Nassar disclosures▶ 3:33:29, ruled non-germane▶ 3:45:17.

• Rep. Kathy Castor / Judy Chu (D-CA)▶ 3:43:22: Cited the "Surviving Ohio State" documentary in support of the Epstein/Nassar amendment▶ 3:43:50.

• Rep. Bob Latta (R-OH)▶ 3:57:38: Introduced the AMUFA amendment in the nature of a substitute, describing streamlining of monograph updates▶ 4:00:31.

• Rep. Diana DeGette, on AMUFA▶ 4:00:29: Co-led the reauthorization, urged quick bipartisan passage▶ 4:01:19.

• Rep. Buddy Carter (R-GA)▶ 4:02:54: Supported AMUFA and urged action on the FDA Modernization Act 3.0 to reduce animal testing▶ 4:03:25.

• Rep. Greg Landsman (D-OH)▶ 4:05:03: Praised AMUFA but pressed FDA to speed OTC approvals, noting few products approved in five years▶ 4:06:57.

• Rep. Debbie Dingell, on AMUFA▶ 4:08:04: Voiced concern that FDA layoffs would undermine implementation of the reauthorization▶ 4:09:19.

• Rep. Judy Chu (D-CA)▶ 4:10:51: Displayed an FDA organizational chart showing senior-official departures and cited a CBO estimate of a nine-month drug-review delay costing 23 new drug approvals▶ 4:12:43▶ 4:13:05.

• Rep. Mariannette Miller-Meeks / John Joyce (R-PA)▶ 4:14:15: Offered (then withdrew) an amendment on sunscreen ingredient approval, noting no new active ingredient approved in over 25 years, after Chairman Guthrie committed to continued work▶ 4:15:08▶ 4:17:26.

Key moments

• Chairman Guthrie said the SCORE Act's amendment added a 5% cap on agent fees and clarified the antitrust provision applies only to Section 6▶ 0:50:26▶ 0:50:56.

• Rep. Pallone introduced a letter from attorneys general of Florida, Ohio, Tennessee, New York, and DC calling the SCORE Act "a misguided effort that will enshrine in federal law the arbitrary and biased authority of the NCAA at its worst"▶ 0:54:47▶ 1:30:53.

• Rep. Trahan's amendment to strike the antitrust exemption, employment ban, and preemption provisions was ruled non-germane on a party-line-adjacent point of order▶ 1:24:20.

• Rep. Clarke's amendment striking the antitrust exemption and preemption failed 23–31 on a recorded vote▶ 1:54:31.

• Rep. Castor got committee counsel to confirm on the record that the AIS's rules of construction preserve athletes' rights to sue for breach of contract, fraud, and sexual assault despite preemption▶ 1:43:37▶ 1:44:45.

• Rep. DeGette noted U.S. colleges invest over $5 billion annually in Olympic sports and that nearly 70% of past Team USA athletes came through college sports, while criticizing a proposed ~50% GAO budget cut that would undercut the bill's mandated Olympic sports study▶ 1:02:31▶ 1:04:46.

• Rep. Carter's amendment adding FTC enforcement authority alongside state AGs failed 23–29▶ 2:10:16.

• Rep. Ashley Ocasio-Cortez's private-right-of-action amendment for injured student athletes failed 23–28▶ 2:27:32.

• Rep. Veasey's amendment tying the bill's effective date to release of "Epstein files" related to Larry Nassar was ruled non-germane; his appeal of the ruling was tabled 26–23▶ 3:48:22▶ 3:50:22.

• The SCORE Act (HR 4312) as amended passed committee 30–23▶ 3:57:38; HR 4273 (AMUFA reauthorization) passed unanimously 51–0▶ 4:24:00.

Metadata

CommitteeHouse Energy and Commerce
Chamber / CongressHouse · 119th Congress
DateJuly 23, 2025
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript1,031 caption blocks · 35,400 words · 4:24:16 runtime
EventCongress.gov 118549