▶ 0:19:17All right, the committee will come to order and the chair recognizes himself for an opening statement. Before I begin my opening statement, I'd like to welcome my good friends from Owensboro, Kentucky. The Chamber of Commerce from Owensboro is here today. Appreciate it. And some of you have been around a little bit. U member Sendel Wendle Ford, Senator Wendle Ford and his grandson from Owensboro, Kentucky is with us, Clay Ford. So he was the Democrat whip in the Senate through 1998 I think when he left the Senate. So from the 70s to the 90s.
▶ 0:19:46So thank you all for being here and we appreciate it very much. Um so thanks for everybody else for being here as well today as we consider two important bipartisan bills. First, we'll continue our work to strengthen college athletics in the NIL environment for our student athletes through the score act. I especially want to thank chairman Bill Rockus uh for and congressman Fry for their hard work getting us to this full committee markup today.
▶ 0:20:13I also want to thank Representatives Binham and figures for working across the aisle to help us improve this bill and find common Complex legal, operational, and policy questions have left students uh student athletes and the universities they represent on unstable ground.
▶ 0:20:30in student athletes programs and conferences have told us that a clear national standard would strengthen this uniquely American Following the critical house settlement last month, it's clear that this is the moment to act and support the new era of college athletics. But our work at three house committees culminating in the score act didn't start last month.
▶ 0:20:52Since the beginning of this Congress, we have worked in a bipartisan way to develop a framework that codifies new NIL health and academic protections for players and provides stability for universities. In March, we held both a bipartisan roundt and a subcommittee hearing with witnesses representing players, coaches, and athletic directors. Over a month and a half ago, we shared draft bill text with my friends across the aisle in search of common ground and compromise.
▶ 0:21:20And in June, we publicly released a discussion draft while continuing good faith negotiations. Earlier this month, we negotiated a bipartisan deal and introduced the SCORE Act. And over the past week, we have continued to work with members to find a compromise that would garner more support from Democrat members of this committee.
▶ 0:21:38And in response to these conversations, we have made edits to improve student athlete representation and decision-making processes, narrow preeemption, clarified and narrow the antitrust language, and added additional enforcement mechanisms. This has been a long and open process which we have approached with an open mind. And I remain hopeful that we'll be able to continue growing this coalition and building more support for this common sense bill. But we cannot delay.
▶ 0:22:04And without this bill, student athletes will be left to f for themselves against bad actors. Non-revenue generating sports could face devastating cut, devastating cuts, and legal uncertainty will continue to hang over all of college sports. The SCORE Act delivers exactly what is needed. Student athlete benefits, stability, and transparency.
▶ 0:22:26Today, we're also considering HR4273, the over-the-counter monograph drug user-free amendments, otherwise known as AMUFA, led by Representatives Lada and DGET. This is the first reauthorization of AMUFA, and I look forward to our continuing bipartisan work to get this bill across the finish line by the September 30th expiration. Our FDA witness uh stated last week without a timely reauthorization certain FDA actions could be delayed by a decade or longer.
▶ 0:22:56I appreciate all the work that's gone into this bill and will continue to engage with stakeholders and Senate colleagues to work towards common sense solutions that produce innovation and ensure patients have access to safe and effective products. I will yield back and we'll now recognize the my friend from New Jersey, Representative Palone for five minutes for an opening statement. Thank you, Mr. Chairman. Today, we're marking up two bills. Legislation addressing college sports and a bill to reauthorize user fees for over-the-counter drugs.
▶ 0:23:25Now, we'll begin with the SCORE Act. This legislation is nothing more than a major giveaway to the National Collegiate Athletic Association, the NCAA, and conferences. It fails to offer meaningful protections to college athletes and completely ignores the true crisis facing colleges and universities. I continue to believe that Republicans are ignoring the real threat to our colleges and universities right now.
▶ 0:23:48President Trump continues to destroy America's higher education system with reduced federal research dollars, taxes on endowments, and cuts to federal student aid. I'd like to remind everyone that college sports cannot exist without colleges. So, let's all be clear about what this bill does and does not do. The score act gives the NCAA and conferences nearly limitless and unchecked authority to govern how athletes get paid, if they can transfer schools, and how much time they can be required to spend training, traveling, and competing.
▶ 0:24:18It does not provide meaningful, strong, or enforcable protections for athletes with respect to their health and safety. It also does not include sufficient guard rails to protect against predatory agents or any recourse if an athlete is harmed. Instead, the score act slams the courtroom door in the face of college athletics. We should be celebrating the progress college athletes have won in the courts to profit from their own name, image, and likeness, share in the revenue they bring their institutions, and more.
▶ 0:24:47Yet, this bill gives the NCAA and conferences unchecked authority to roll back or limit the many hard-fought benefits athletes have won in court and in state legislatores. Congress should not be doing anything that stifles the progress athletes have won. we should simply get out of the way.
▶ 0:25:04I along with my Democratic colleagues expressed these concerns last week at our subcommittee markup and I encouraged chairs Guthrie and Bill Rockus to not rush and move ahead this week with a full committee markup in order to give us more time to work together to address our concerns with this bill. But Republicans chose to move ahead anyway. And that's unfortunate because that's not how you build bipartisan support for a bill like this.
▶ 0:25:27We will also mark up HR4273 legislation to reauthorize the Food and Drug Administration user fee program for over-the-counter monograph drugs. Now, the OTC drugs are critical products for Americans that help them manage certain health conditions and save money on their healthcare costs. Congress authorized this program in 2020 to facilitate staffing at FDA to modernize OTC reviews.
▶ 0:25:51These staff are critical in ensuring the agency can more quickly provide safe, effective, and innovative OTC drug products to consumers and protect them from safety risks. That's why working together toward a timely reauthorization of this program is so important. However, we have heard from industry and patient groups that the continued success of the user fee program hinges on the FDA's ability to recruit and retain staff.
▶ 0:26:16That is one reason why I'm deeply concerned with the Trump administration's dismantling of FDA staff and at our other public agencies here and other at FDA in other word and other public agencies and industry experts have said that the Trump administration's indiscriminate terminations at FDA will delay timely patient access to products regulated by FDA and impact surveillance efforts, including delayed inspections.
▶ 0:26:41companies have basically said they're already experiencing longer response time, which will lead to even more delays for other reviews. Now, the Trump administration's layoffs, coupled with drastic proposed budget cuts, are going to lead to fewer life-saving drugs coming to market. Last week, the nonpartisan Congressional Budget Office released an analysis that concluded that the Trump administration's reckless dismantling of the National Institutes of Health and Staff reductions at FDA will lead to 53 fewer new drugs approved for Americans.
▶ 0:27:11And it could even be larger than that because the CBO could not conduct an analysis of the drastic 40% cut that the Trump administration is proposing for NIH. Instead, instead they could only do an analysis of the 10% cut. I I can only imagine how many more drugs will not come to market if Republicans cave to the administration again on the budget. So this all means there will be fewer cutting edge and life-saving treatments for patients with cancer and other diseases.
▶ 0:27:37And if Republicans are serious about wanting to get safe drugs to market that will save people's lives, they would reject Trump's extreme budget and finally join us in doing some real oversight of this administration. I I I mean I just hear endless silence uh from the other side on this issue of of staff cutings and freezing of funds and I just hope that at some point that silence ends and they start going after the Trump administration. But with any case with that, Mr. Chairman, I yield back the balance of my time. Thank you.
▶ 0:28:07Thank you. The gentleman yields back and the chair will remind members that pursuant to the committee rules all members opening statements will be made part of the record. Are there further opening statements? Gentlemen, no. None on the rep none on the Republican side. So, uh, the gentle lady from Michigan recognized for three minutes for an opening statement.
▶ 0:28:29Thank you, Mr. Chair. Today, we're discussing two important efforts. I would like to focus my opening statement on college sports in the new NIL era. This committee has a real opportunity to help get this right. The issue matters to me, to my district, and to the people of the state of Michigan. I want to thank the chair, the ranking member, and my colleagues on both sides of the aisle for the time and effort that's gone into this bill.
▶ 0:28:58As I've said before, I support this committee's work because college sports matters to student athletes, their families, and communities across this country. and I want to continue working on this bill, but I cannot support this bill today. I think we are not giving this issue the time it needs so that we can reach a real agreement.
▶ 0:29:19I supported delaying this markup to the fall that our ranking member asked for so that we could continue constructive conversations to try to create a bipartisan product ahead of markup. Rushing this process risk getting it wrong. And if we get it wrong, it's college athletes who are going to be hurt. Athletes are the ones with the most at stake and they have to be at the center of our work. Let's be blunt. Some people don't want a bill or all. They don't want to get something done on NIL.
▶ 0:29:49But I do. Trust me, I do. The reality is that legislation is going to pass. So, let's take the time to make sure it protects women's sports and nonrevenue and Olympic sports. This bill should reflect the shared goal of putting students first and protecting their well-being both on and off the field. In my district, I'm proud to represent two very different institutions, the University of Michigan and Eastern Michigan University.
▶ 0:30:19I've seen how college sports open doors and creates pathways to education, leadership, and lifelong opportunities. And I've heard directly from college athletes, especially those who aren't going to go pro. But look, I have a couple I think will be pro, and I'll be cheering loud for them about the need for a national framework that gives them clarity, security, and support in this new NIL area.
▶ 0:30:45This is exactly why we need Congress, not the executive branch, to act. College sports and NIL shouldn't be shaped by executive action or executive orders. It's our job and we need to do it right with real bipartisan collaboration. We've made progress thus far and I appreciate the many good faith conversations, but there's more work to do and things we need to address.
▶ 0:31:10I remain committed to that work and to getting this right for the athletes, their futures, and the future of college sports. And I'm just going to say if people think people don't care, I've worked on a lot of issues, a lot of things that are the deep in my soul. I have never had more phone calls from people all over the issue. I got more than 200 calls this weekend as this bill. People care about this issue. Thank you.
▶ 0:31:37I wish they cared about healthc care as much, but thank you and I yield back.
▶ 0:31:41Thank you. Gentle lady yields back. M Kathy. So, the gentle lady from Florida is recognized for f three minutes for an opening statement.
▶ 0:31:50Well, thank you, Mr. Chairman, and good morning, everyone. Uh, if if a hardworking family were looking to Congress to help solve their problems, they would really be scratching their heads right now to here we are at the end of of the congressional session, end of July.
▶ 0:32:08Um you look back on what the Congress has accomplished over the first seven months of the year uh with uh Trump in the White House and you'd have to say when it comes to students and our colleges and universities uh this Congress and the Trump administration are failing. They're failing the families. They're failing the students. They're failing the country.
▶ 0:32:30Um there's a great inongruity here on what uh the committee is focused on, what we're doing oversight on. After all, the Trump administration for many months has been illegally withholding billions of dollars in funding for our universities, uh for university research, for supportive students, uh research relating to cancer, to diabetes, to agriculture, to you name it.
▶ 0:32:57uh this is going to set us back and it empowers our adversaries like the Chinese Communist Party and others across the globe. They the Congress um with the help of the Trump administration has cut Pell restricted work study. Uh they are making student loans more expensive. That was a lot of that was part of the big ugly bill that passed to give tax breaks to to billionaires and millionaires.
▶ 0:33:24So, I'd say the the priorities here are completely out of whack because what this Congress and the Trump administration is doing, they're create by putting so much financial pressure and instability on our institutions of higher learning and research and students. It will have long lasting implications for our great country. Um, I do recognize that college sports is important.
▶ 0:33:50Um, college athletics is um, people are very passionate about it. I know Miss Dingle, I I hear you too. Uh, I want to thank uh, Mr. Billus and the chairman and Rep. Tran and other members who have jumped in to to tackle this. It really should be given more time.
▶ 0:34:10In the U subcommittee, we raised issues about the application of title nine and equity in sports enforcement, how student athletes can enforce NIL deals and revenue sharing. We talked about the extent of the antirust exemption, what that does to empower students. We talked about the ability for student athletes to actually obtain a degree. Uh we're going to offer a number of amendments along those lines today to improve this bill.
▶ 0:34:37I doubt we can get there, but I encourage everyone to stay engaged because I think in the end we could come up with a bipartisan solution. We just shouldn't rush it and we shouldn't turn a blind eye to what is happening in higher ed across this country either. Thank you and I yield
▶ 0:34:53Thank you. The gentle lady yields back saying no from the rep none from the Republican side. The gentle lady from Miss Clarket is she did Evette want recognition? Miss
▶ 0:35:06did you want recognition?
▶ 0:35:08Oh, okay. I'm sorry. I thought you did. I apologize. So, Mr. Vy, you're recognized for three minutes for an opening statement.
▶ 0:35:13Uh, thank you, Mr. Chairman, and I want to also uh thank Gus Billas for everything that he is doing to bring uh light to this issue. I think that is very important that we have a bill. I just don't want to have the wrong bill. One of the things that have really concerned me is this characterization by uh some people and the wild wild west saying that now and today we live in the wild wild west of sports. I want to tell you about the old west and I'm going to tell you about the new west. Here are some of the things that happened in the old west.
▶ 0:35:43in the Old West in Dallas, Texas, uh back in the 1980s, for those of you that are old enough to remember the 80s, we had a scandal at SMU University, where players were students were being played to sleep with recruits and being uh paid to sleep with star players. They were given furs, they were given cash. That's what was happening in in the Old West. Uh they went on something called the death penalty. That was devastating uh for that program. one of the star running backs, one of the greatest running backs of all time, Eric Dickerson.
▶ 0:36:14They wanted him really badly in College Station. Eric Dickerson got they said, "Come down here. We'll give you a a Pontiac Firebird." He went down to College Station and went and got a Pontiac Firebird and drove it back to Dallas. That's what was happening in the Old West. Uh, and I can tell you other stories about football players having uh envelopes of cash uh put under pizza trays when they would go to uh when they would go after after the games.
▶ 0:36:43That's the old west. Don't let some of these coaches, some of these high-profile, recently retired coaches and other people that are football icons that I enjoyed watching play, a lot of them were the problems in the Old West. And now they're saying that the new west is a big problem. And look, I don't like everything about the new west, Mr. Chairman. I don't like people getting in the transfer portal when they're sitting on the bench during March Madness.
▶ 0:37:11Uh I don't like these shady contracts and these shady agents that are literally going through these low-income neighborhoods trying to get these kids into these terrible contracts. I don't like that. Uh, and I don't like the fact that some of these kids are going to transfer so many times that they will probably never get a college degree if you go year after year after year. But that doesn't mean that I want to close the portal for them.
▶ 0:37:36We're not trying to tell other kids that are non student athletes that are non-athletes that they don't that they that we're going to put a cap on how many times they can transfer. So, why are we going to try to do that with these kids? There are some problems with this system that we need to fix, but I don't want anybody romanticizing about the Old West. You can go back to all sorts of stories like I just talked about with SMU, with Penn State and others.
▶ 0:38:03There were terrible things, terrible, awful things that were happening during the Old West. We need a new system and we need a new system that works for parents and for students and for universities and for fans that is fair for all. Thank you, Mr. Chairman.
▶ 0:38:18Thank you. The gentleman yields back. Any member speak an opening statement? Uh, gentle lady from Massachusetts, Miss Tran, is recognized for five minutes.
▶ 0:38:28Well, thank you, Mr. Chairman. Before I begin, I do want to acknowledge the negotiations that have taken place over the past week between members of your team and mine. Uh, many of the issues that have been discussed extensively in recent days have seen improvement in the AIS. I believe that's a direct result of the good faith negotiations that have been ongoing since the subcommittee markup last Tuesday and I appreciate those efforts. However, Mr.
▶ 0:38:57Chairman, I'm disappointed that the meaningful progress that we made and could still make is being undermined by today's rushed markup of the SCORE Act. I have repeatedly asked to delay this markup to allow negotiations to run their course as so too has ranking member Palone and many members of this committee.
▶ 0:39:17With more time, we could have brought in more stakeholders, more deeply considered the impacts of the bill on athletes and invited more members from both sides of the aisle to engage. It is truly a shame that we couldn't see what a deliberative bipartisan process looks like. I I think this committee misses it.
▶ 0:39:39Instead, we find ourselves debating a bill that still grants too much authority to the NCAA, athletic conferences, and the most powerful institutions, all at the expense of college athletes. It gives us it gives them the antirust exemption they sought, the preeemption of state laws that they pushed for, and the explicit ban on employment status that they lobbied hard to secure.
▶ 0:40:04In return, a subset of Division One athletes are granted just three years of health care, codification of a right they already have to sign with agents, and access to tutoring and tax preparation services. without meaningful ways to even enforce those protections. That's not a fair tradeoff. As a former athlete myself, I know that's not a fair tradeoff.
▶ 0:40:33And I truly believe that had this markup been postponed to allow more time for meaningful dialogue both at the staff and at the member level, we could have reached a better, more balanced outcome. That's not just my view. It's a perspective shared by many of our Democratic colleagues who have been fully engaged on this issue since the bill was introduced earlier this month.
▶ 0:40:57The amendments we plan to offer today are rooted in our genuine desire to produce a college sports bill that strikes the right balance, one that stabilizes the system but doesn't come at the expense of the hard-fought rights that college athletes have won.
▶ 0:41:12It's my hope that our Republican colleagues will give serious consideration to those amendments, reflect on the concerns that we're raising, and vote with us in support for the college athletes who we claim to love on game day. Thank you, Mr. Chairman. I yield back.
▶ 0:41:30Thank you. The gentle lady yields back, seeing none from the Republican side. Any opening statements? I have next. Mr. Carter, you're wearing your New Orleans suit today, so you feel like you're going home, huh? Sucker Jordan today.
▶ 0:41:42Thank you. The gentleman from Louisiana is recognized for five minutes.
▶ 0:41:44Uh thank you, Mr. Chairman, and a special thanks to uh subcommittee chair Bill Rockus, who I do believe uh has worked in good faith, albeit um not quite to the point that we would like to get us to this point. I want to give a special shout out to M. Han for the incredible work that she's done and other members of this committee. I sincerely appreciate the intent and hard work that's been put into creating this this legislation.
▶ 0:42:09For far too long, student athletes have generated enormous revenues for colleges, universities, conferences, and the NCA without being allowed to share in the value of their own hard work. However, I feel that this bill, as drafted, misses the mark. Yes, we need to create a fair national framework for NIL, but we must not lose sight of who this legislation and the entire NCA system is supposed to serve, the student athletes.
▶ 0:42:38As written, the SCORE Act undermines existing legal protections that student athletes have used to fight for fair treatment and shields the NCAA and major sports conferences from being held accountable. In recent years, these young people have turned to the courts to advocate for their rights. And they've won. But this legislation could undercut those hard hard-fought gains by preempting state laws and narrowing the path for future legal recourse without adequate alternatives.
▶ 0:43:07States across the country have stepped up to protect student athletes where federal government has failed to do so. However, this bill will override many of those efforts, potentially rolling back stronger protections enacted by state legislators that are in the best position to understand the higher education institutions and student populations.
▶ 0:43:27And finally, perhaps most troubling of all, this bill would block student athletes from organizing or negotiating over basic necessities such as medical care, long-term health coverage, or protecting against abusive training practices. If we lock in a system that denies athletes a seat at the table, we're not reforming the system. We're merely rebranding the status quo.
▶ 0:43:50I encourage revisions revisions to the score act that reflect the lived experience of student athletes including those that smaller less resourced programs like H.B.CU and meaningful NIL legislation must address real world challenges these students face both on and off the field. In addition, we need an independent body, not the NCAA, to establish and enforce clear safety standards from conflicts of interest.
▶ 0:44:18This bill must also commit commit to equity, transparency, and accountability. That includes stronger enforcement of title nine and I rules that protect student athletes from the exploitive contracts and transparency in both how athletic departments generate and allocate revenues as well as how much time they demand from student athletes. All that being said, I've seen amendments from the majority get us closer to something that many of us on this side of the aisle could support.
▶ 0:44:48With work, we can bridge this divide and work um our common goals into to a to regulate NAL, but to empower the next generation of athletes with dignity, safety, and fairness. Let's take this opportunity to get it right. I asked the chair to continue to work with me between here and the floor to get the product that we can all be proud of and I yield.
▶ 0:45:11Thank you, Mr. Carter. You have our commitment. We're going to continue to work to make this a more bipartisan. Um, is there any further discussion on opening statements? Opening statement. The gentle lady from uh Illinois is recognized for three minutes for her opening statement.
▶ 0:45:31Thank you, Mr. Chairman. And I want to thank Congresswoman Tahan for I don't know if there are any other athletes, former athletes who really know what's going on and um have experienced the rights of the athletes.
▶ 0:45:49And I just think I thought actually that we were on our way to have a bipartisan bill um that would actually take into account um more of the things that are needed.
▶ 0:46:02We have to make sure that all of our p our uh athletes um are treated well, that they have the best uh uh regulations, and I am very disappointed that we're moving ahead with the knowledge uh by the Republican by the Republicans that we wanted to have some different um discussion, some more discussion.
▶ 0:46:31And I just uh and in and as much as my friend Gus Bill Rockus um and I get along so well, I think this is premature and I'm sorry that we didn't take into account the things that um our real athlete um s has suggested. And with that I yield back.
▶ 0:46:54Gentle lady yields back. The chair recognizes a gentleman from Idaho for five for three minutes for an opening
▶ 0:47:00Thank you, Mr. Chairman. And I just want to weigh in here before we kick things off uh with a positive word. This is not premature. This has been worked on for a long time. We this goes back to last year and there's been formal meetings of this Congress since I know at least February 6. So this is not premature.
▶ 0:47:18As you know, I've had some concerns about this uh representing some midsize to smaller schools that quite frankly don't see some of the major revenue through the uh uh television and sports channels. And so I'm very grateful with the staff that's worked with us on this for a couple of uh major components.
▶ 0:47:39one is uh the allowance and in the language that uh allows athletic association funds to be used towards the 20.5 uh that is something that can equalize just a little bit. It's another source of revenue for that. Also uh this the the newly formed or college sports commission which is not particularly entirely dominated by the large uh power schools with the largest revenue stream.
▶ 0:48:08there's there's a mix in there and so the smaller mid-size schools have a voice at the table. So there's been a lot of work put into this, Mr. Chairman, and uh for those of us who have some of those schools that may not be the the biggest revenue generators, there's still a voice and we know there's more work to do as we go forward, but I think we've we've got a good start. Thank you, Mr. Chairman.
▶ 0:48:29Thank you. The gentleman yields back. Seeing no other uh asking for time for an opening statement. The chair calls up HR4312 and ask the clerk to report. a bill to protect the name.
▶ 0:48:43Without objection, the first reading of the bill is dispensed with and the bill will be open for amendment at any point. So ordered. Does anyone seek recogn to be recognized on the bill? Mr. Bill Rockus is recognized. What purpose do you seek recognition?
▶ 0:48:55Thank you. Uh I have an AS at the desk.
▶ 0:48:59The the clerk will report the AI. So we'll speak to the AIS as we we'll call the AS up and we'll all speak to the AS the the clerk will report
▶ 0:49:08amendment in the nature of a substitute to HR 4312 offered by Mi Mr. Bill Rockus of Florida.
▶ 0:49:13Without objection to reading the amendment is dispensed with and gentleman is recognized for five minutes in support of the amendment.
▶ 0:49:18Thank you Mr. Chairman. I appreciate it very much. Uh I speak in support of this amendment, the AIS and the amendment in nature of a substitute and this this is a bipartisan piece of legislation which we've been working on for for several months going back to to last year as the vice chair stated the score act. This amendment makes many crucial changes to address concerns that were raised during and following last week's subcommittee markup.
▶ 0:49:47I've had productive conversations with many of my colleagues across the aisle and they've told us so today and I appreciate the thoughtful and constructive feedback we've received. The Ames reflects meaningful good faith changes in response to bipartisan concerns.
▶ 0:50:06We accepted language from the college uh from my colleague from Massachusetts to narrow the preeemption clause and we clarified that the antirust provision only applies to section six. We also strengthen enforcement by adding new mechanisms to ensure accountability.
▶ 0:50:26In response to concerns about predatory agents and uh contracts, we added targeted language for transparency in contracts, allowed student athletes to terminate contracts after leaving their institution, and capped capped, I'll repeat it, so very important, cap the agent fees at 5% under Sparta to ensure all student athletes and small and medium-siz
▶ 0:50:56institutions have a meaningful role in shaping the future of college athletics. We established a governance structure for the IAAS that allows for a variety of voices as the vice chairman uh described a variety of voices to be heard and make decisions regarding the future of college sports.
▶ 0:51:19We adopted an amendment from my colleague from California requiring an FTC study on athlete agents, further reinforcing the bill's oversight framework. With these thoughtful bipartisan changes, many others as well that I just don't have time to mention. I would hope that at least some of my colleagues on the other side of the aisle will be willing to support the bill, but I'm afraid that may not be the case, unfortunately.
▶ 0:51:47But we do have an additional six weeks to work on this bill during the so-called break, the district work period. So hopefully we'll get there. I I really think it's possible that we can get a lot of support on the other side of the aisle, but don't think we haven't been working on this for several months and made a great deal of progress. I also want to address the concerns from some of my colleagues that this has been a rush process.
▶ 0:52:15As I said, not included not including last Congress when we had a legislative hearing on NIL for my draft bill, the Fair College Sports Act. So far this year, we've had two subcommittee hearings, convened multiple bipartisan roundts, and received input from hundreds, and I mean hundreds of voices across the college sports ecosystem.
▶ 0:52:41This has been a multi-year endeavor which has culminated with this aims. This bill has a wide range of support from stakeholders across the landscape of college sports. We have the power five conferences, the medium-size conferences such as the Sunb Belt Conference, the small conferences such as the Big South and the Patriot League. We have a wide range of student athlete organizations. So very important.
▶ 0:53:11They do have a seat at the table and they are my priority. So again the the example of this the Eastern Mi Min uh Michigan sack the student uh athlete advisory committees and the Ivy League the student athlete advisory committees and the big west sack. Again student athlete advisory committees they support the bill.
▶ 0:53:35We have numerous co coaching associations covering sports such as wrestling, Olympic sports, volleyball, and swimming and diving. And we also have universities such as Michigan University and Lyota Mry Mount. These are just some of the supporting organizations that support this bill. And again, uh the list is growing every day. We need to act now, folks.
▶ 0:54:01We must protect our student athletes and ensure that we have a sustainable future for all college sports. We do this in the SCORE Act. I remain hopeful that continued dialogue will bring us closer to consensus on legislation that delivers for student athletes, institutions, and fans alike. And with that, I'll yield back. Mr.
▶ 0:54:23The gentleman yields back. And remember, we're speaking on the AI. So, the gentleman from New Jersey is recognized for five minutes for to speak on the AS. You know, I I uh respect Mr. Bill Rockus. I don't mean this out of a l lack of respect, but you're suggesting that some there's somehow there's a consensus on this bill with student athletes. Nothing could be further from the truth. I mean, I have a letter, Mr.
▶ 0:54:47Chairman, I'd like to introduce uh if I could from various attorney general's organization, various attorney generals from I think five states. And if I could just read the first part of it, it says, "As attorney generals responsible for protecting our citizens from exploitation by monopolies, we write in strong opposition to the SCORE Act.
▶ 0:55:09The SCORE Act is a misguided effort that will enshrine in federal law the arbitrary and biased authority of the NCAA at its worst." And it goes on, if I could ask that that unanimous be introduced. In addition to that, you know, if you you keep saying this is bipartisan, this is not bipartisan. Mo majority of the members of this committee on our side do not support the bill in its current form. I don't support the bill at all.
▶ 0:55:36Um I've got senators like my senator uh Booker who said that they will never support this. They are actually out there. I think he was a former football player at Stanford. I don't know the details. um saying that this is this is a a terrible thing for student athletes. Uh Maria Canwell uh has sent a letter asking us not to move this bill. You need 60 votes in the Senate to pass a bill. My only point here is you can't say that this is a consensus bill. Sure, you've had hearings.
▶ 0:56:06I'm not suggesting you haven't. This is going through regular order. There's no question about that. But it's going through regular order and hearings with major people saying that they oppose it, including the members on our side of the aisle on this committee. So, all we're saying is that this needs work. I I stated at the subcommittee that, you know, even though I'm against us taking any action uh because I think we should just let this go and let the courts deal with it and let the students win their gains and hopefully more gains rather than cater to the NCAA.
▶ 0:56:37But I mean, I'm willing to work with you, too, and maybe we can come up with some legislation, but it has to be very different from what this is. And if you get it passed in the House and you send it to the Senate, it's dead because it needs 60 votes. It's dead. So, I'm just saying again, um, let's, you know, I I don't like to work on things after full committee. I think we should have worked on it before the full committee. We don't we don't work pass things out of full committee and then spend the August recess trying to work on it. We try to work on it so it comes out of full committee in a form that we can support.
▶ 0:57:06That's not the way to proceed around here. But the bottom line is you can't keep saying that this is some sort of consensus. It is not. There is no consensus here. Not in the House, not amongst the parties, not with the Senate. No consensus. But we can still work on it and hopefully we will. But I just don't think you can honestly say even though we've gone through regular order, that there's some sort of consensus here.
▶ 0:57:30I know that you worked with uh with um Miss Trey Han and appreciate that, but you there wasn't enough time to come to something that was actually going to be supported by by the Democrats, including her. So, let's just not get the impression here that everything is wonderful. It's not. Uh with that, I yield back that my time.
▶ 0:57:53Gentleman yields back and the chair reckon. Anybody on the Republican side speak on the AS Mr. Fry from South Carolina is recognized for five minutes.
▶ 0:58:00Uh, Mr. Chairman, I move to strike the last word and speak on the answer. Thank you, Mr. Chairman. Um, I want to thank the subcommittee chairman, Bill Rockus, for his work on this and and you too, Mr. Chairman. I think you've done a remarkable job operating in good faith. Uh, I I don't know listening to what I hear today that I can say the same for the other side of the aisle. Um, just given all the changes that you have made to the bill since we went through subcommittee markup last week, I think the bill was in a good place last week.
▶ 0:58:30I think it's in a good place this week, and I appreciate your willingness to try to engage uh uh with the other side. Uh, I wish that I could hear uh some more support. Um, other than unionization of college athletics, uh, that seems to be the end goal.
▶ 0:58:47uh but I appreciate your effort uh to uh include smaller and midsize institutions along with student athletes themselves uh that they would have a meaningful seat at the table uh within the IIAa governance structure. I think this is a critical step uh to move forward.
▶ 0:59:03At the same time, I want to recognize the significant contributions uh and long-standing investment of the power of the A4 conferences uh that they have made not only in advancing the the settlement uh on behalf of their member institutions but really on behalf of and for the benefit of the entire collegiate system. Uh their financial commitments uh experience and long-standing focus on student athlete well-being deserve uh that recognition.
▶ 0:59:29uh and they were a key component of this as well as small schools, players, coaches, really everybody. Uh and as we move through the the legislative process, I I do want to urge my colleagues to be thoughtful and deliberate uh when considering how representation is structured uh within the IIAa. We must continue to work uh and strike the right balance uh ensuring a strong voice for college athletes while also respecting uh the the various needs of all the institutions and their and their and the sizes that they are.
▶ 0:59:58I want to continue to work with all parties moving forward. I think this is uh uh following the markup and prior to the vote on the House floor. And I look forward to working together with uh colleagues on this committee and and off um to address my concerns as well. Thank you, Mr. Chair.
▶ 1:00:14Thank you. If you'll yield to your few minutes, I just want to thank you for your hard work on this. to know you're also on judiciary which has a role in this bill as well and and you've been mindful of this for quite some time and I know we're going to continue to work together and we've talked about this bill and and the process that has changed quite a bit from what we did in markup and and moved I think to some of the concerns that were brought up by my friends in the other side of the aisle during markup. Uh so um hope springs eternal.
▶ 1:00:41We're going to continue to work together, but thanks for your hard work on this issue and I'll yield back to you and thank you.
▶ 1:00:46And I yield back to you.
▶ 1:00:47You yield back and I will the chair recognize the gentle lady from Colorado, Mr. Deette, for five minutes for speak on the AIS.
▶ 1:00:53Thank you so much, Mr. Chairman. Um as the co-chair of the Congressional Olympic and Parolympic Caucus, which is bipartisan, I wanted to talk about the nexus between Olympic sports and collegiate sports. The United States has a unique approach to developing Olympic athletes having relied heavily relying on the collegiate sports system.
▶ 1:01:16Unlike most other leading nations, the United States Olympic and Parolympic Committee is almost entirely privately funded, primarily through donations and corporate sponsorships. This investment provides facilities, coaching, and competition opportunities for aspiring Olympians, effectively acting as the primary development pipeline for Team USA.
▶ 1:01:39The power of the collegiate system was on full display at the 2024 Paris Olympic and Parolympic Games where not only in Congress but across our nation, we stood together uh together as Democrats and Republicans but mostly as Americans proudly cheering to on our amazing athletes competing on the world stage.
▶ 1:02:00Team USA was made up of 75% of US Olympians and 53% of US parolympians who had college training and affiliations. For those who meddled, the collegiate experience rose to 82% of US Olympians. These athletes success stories and the infrastructure behind them are only possible with sustained investment across a wide range of sports. Let me stress that. a wide range of sports.
▶ 1:02:31US colleges and universities invest over $5 billion annually in Olympic sports, according to nca.org. I'm grateful for the bill's sponsors interest to protect student athlete earning opportunities and their acknowledgement that it is important to protect opportunities for athletes in a broad base of sports. However, just like others on this side of the aisle, I'm concerned about the unintended consequences a spill might have.
▶ 1:02:59Historically, nearly 70% of Team USA athletes came from collegiate sports as part of their athletic journey. In its current form, one could argue that this legislation would undermine opportunity for most collegiate athletes, threaten the long-term health and sustainability of Olympic and Parolympic sport development in the US and undermine athlete rights and and and this is a a real concern that has been expressed by the US
▶ 1:03:29Olympic and Parolympic Committee and others. Now I will note in the Ames that we have before us there is a section adding a study on Olympic sports and I'm thankful that it's been added so we can get this facts to ensure that success of Olympic sports happens not only internationally but at the also at the collegiate level but you know we all know what happens with studies and so that's my concern I along with others believe proportional investment across all sports is
▶ 1:03:59the best way to preserve and sustain broad-based Olympic and Parolympic sport offerings at the collegiate level. I also want to point out the hypocrisy of tasking the GAO with this report because they've been long tasked over underresourced as it is.
▶ 1:04:16But secondly, GAO is facing a significant budget cut by the Republicans in the coming fiscal year, potentially impacting its ability to conduct oversight in investigations, let alone new reports like this one. The legislative branch portion of the House fiscal 2026 spending bill includes a proposed $414 million budget for the GAO, which is a substantial decrease from current spending levels.
▶ 1:04:46And the Republicans are proposing a nearly 50% reduction in the GAO's budget, which of course is going to lead to staffing cuts and limitations and its authority and ability to fulfill congressional requests. Such deep cuts would likely force the GAO to lay off thousands of employees. So that funding is just not tenable.
▶ 1:05:09So, but but I'm hopeful Congress can reach a bipartisan solution that would ensure proportionate operational and scholarship sus uh support sustainance for future generations of student athletes in broad-based collegiate sports, including Team USA athletes. But let's not sugarcoat this. Not let's not say we're going to do a study that's going to be conducted by an agency that's about to be gutted by the Republican budget.
▶ 1:05:37Let's work together to actually make sure we can continue this pipeline that has been so important for our Olympic success that we can all be proud of. And with that, I yield back.
▶ 1:05:49Gentle lady yields back. Uh the chair will anyone on the Republican side want to speak on the Ames? Seeing none, gentle lady from Florida. Did Miss Matsu, you didn't? So, the gentle lady from Florida is recognized for five minutes. Great. Okay.
▶ 1:06:02Uh thank you, Mr. Chairman. I move to strike the last word. Uh at the outset of the subcommittee meeting, I expressed a concern on the impact of the score act on title nine. Now title nine uh you all know is the federal law that prohibits sex-based discrimination in education and athletics or requires uh schools to offer equitable opportunities to female uh students and athletes.
▶ 1:06:29Um, and what we have here with the the House uh versus NCIA NIL settlement uh is a complete rewrite of college athletics and now the score act will come on top of that. Uh that that settlement said universities can directly pay athletes.
▶ 1:06:51creates a revenue sharing uh program where athletic departments have about $20 million per school to pay athletes and then athletes can also enter into their own NIL deals on top of that. Uh so I had asked uh chairman Guthrie to uh why the score act was silent on title nine.
▶ 1:07:12This is a fundamental issue uh not to upset rewrite rewrite obiate the title n protections for for student athletes. So um with all of the all of the discussions all the changes when I look at the ains I don't see any reference to title nine. I wanted to to ask the chair again. Um can you was that intentional?
▶ 1:07:40Uh what is the what's the import what's the impact of the score act on title n in your view? It's very important to get the leg legislative intent on the record. So chairman Guthrie or chair Bill Arachus could you address that please?
▶ 1:08:00I'm sorry. Would you repeat the question? I'm sorry. This is a um a fundamental issue, Title Nine, right? U we had a discussion uh during the subcommittee meeting on whether or not the SCORE act overrides Title Nine uh the fundamental federal law and and Okay. Your view on that?
▶ 1:08:17Yeah, they were telling me what did you yield? So, I'll yield.
▶ 1:08:20Yeah, they were they were uh talking about what you were talking about. That's why I wanted to make sure I got the question right. So the Ed and workforce version of this their portion of the bill they have language on title nine and we have a rule of instruction at the uh that's at the in the in the AS that says nothing in this bill is to I don't know what the exact word change title N or or to affect Title N. Yeah.
▶ 1:08:43So maybe the council can answer that question. What what language is contained in the AIS that addresses Title N and what is the what is the impact of that? Yes, thank you for the question, ma'am. Um, the ANS for this committee uh does not have the language on title nine and as the cong as the chairman mentioned that falls outside of the scope of this
▶ 1:09:08I'm sorry, but
▶ 1:09:09that is in the education and workforce uh amendment in the nature of a
▶ 1:09:13Do you have the language you could share with her so we know? Do you have that and more?
▶ 1:09:17It's being marked up right now, but we can get it to you. So this is so this is such a fundamental issue. Um and I think we're all in a position of trust but verify it's hard to move forward and vote in favor of a bill out of this committee even with knowing that another committee may be working on that.
▶ 1:09:39It's just very difficult without without that um text in the law. another reason why why we really need to keep working on this. Uh but but again, this is it's such such a fundamental issue to equity and sports that um it just obvious it just it's a signal that we're not ready for prime time here. Uh but thank you, Mr. Chairman, and I I appreciate your uh explanation. I yield back.
▶ 1:10:11The gentle lady yields back. Does anyone on the Republican side rec? I will seek uh recognition to speak on the Ames recognizing myself for five minutes. But uh so on section 7 title nine that this is publicly posted from the Eden workforces uh a it says nothing in this act or the amendments made by this act may be construed to limit or otherwise affect title nine of the education amendments of 1972 20 USC 1681 ex I don't know
▶ 1:10:41what ET I'm not a lawyer etc. So anyway, that's a Latin term, I guess, but it's but essentially nothing in this act or the amendments made by this act may be construed to limit or otherwise affect title nine of the education amendments. That's on the Ames uh that's publicly posted and I assume if they pass a bill out this the Ames will unless this gets amended out which I wouldn't expect in their markup.
▶ 1:11:02Will the gentleman yield?
▶ 1:11:03Yes, ma'am.
▶ 1:11:04Is there any reason that that couldn't be added as an amendment in this
▶ 1:11:08It's not in our jurisdiction is the Is there now we have we've often worked on legislation that u there may be provisions in it that that don't uh come out of our jurisdiction. Is there anything in the rules that that prevents we have to within our jurisdiction.
▶ 1:11:28So, I mean the the way that's been done before is that that like we did that y'all have done boom bills we where you separate different titles only amend one title at a time. We decided not to do that. So we could just not even have this title before us and just do it a title at a time. I know before some people argued that wasn't efficient use of the way to go through the amendment process. So we didn't do it. But we're trying to limit the amendments to our jurisdiction and and work forces in their jurisdiction.
▶ 1:11:57And as I said, this is publicly posted in their AIS and so I we can let you know once they adopt the AIS in their committee or not. They're meeting as as we're meeting. But this is absolutely what we want in the bill as well. I know you want in the bill and
▶ 1:12:11I've just seen too many twists and turns in the legislative process to say uh again, I think we're in a trust but verify moment and it's u maybe maybe you all can consult during this our long discussion we're going to have today and see if that can't be
▶ 1:12:25we'll make sure. And this came from, you know, we
▶ 1:12:28the bill doesn't um affect title N, but that was in our subcommittee markup. People wanted to make sure it didn't affect title N. So that's why this was added from that discussion of that.
▶ 1:12:38Uh but it was added to Ed and workforce because of the jurisdiction side of it. But the the angel is publicly posted and I just read directly from it. But uh we'll make sure that's adopted as we move forward. So that I guess is my time. I will yield back. And who seeks time? And so gentle lady from Michigan is recognized for five minutes to speak on the aims.
▶ 1:12:58Thank you, Mr. Chair. I move to strike the last word.
▶ 1:13:03I want to begin again by thanking the chair, the ranking member, my good friend Gus Bill Arachus, and my colleagues on both sides of the aisle for the time that's gone into this bill. I know we share a common goal to ensure the future of college sports and opportunity for and the well-being of college athletes, but this bill is not ready for prime time. This is a complex issue that demands careful consideration.
▶ 1:13:30And while I appreciate the collaboration and good faith conversations, and I know that changes were made because of our discussions that have taken place, there's more work that's got to be done. And while this amendment reflects some improvements and I value the effort that was put behind it, I continue to have concerns particularly about whether this framework puts the athletes at the center of the conversation.
▶ 1:13:56I have heard directly from college athletes, especially the women, Olympic sport athletes, and those in non-revenue sports. They've been clear. We need federal rules of the road in this new NIL era. But those rules must prioritize students. The system we create must protect them, support their education, and ensure their voices are heard.
▶ 1:14:20And that's why I remain concerned that the newly created Interstate Intercolgate Athletic Association doesn't provide meaningful athlete representation. We can't build a fair system without the input or the voting power of the very people this framework is supposed to serve. Likewise, the antirust exemption in this bill would have unintended consequences.
▶ 1:14:45It may shield this new body, conferences, and schools from legal accountability while offering few clear protections for student athletes. And quite frankly, unfortunately in Michigan, we have seen horrific abuses that should never ever be protected by or from legal accountability abuse. I'd like to see more clarity around the standards that will govern how athletes are treated and what recourse they have if those standards aren't upheld.
▶ 1:15:15We also have to do more to protect athletes rights in the new NIL era. While this bill begins to address oversight of third parties like agents, we need stronger guard rails. We've all heard the horrendous stories of coercion, deception, and athletes being taken advantage of. Athletes deserve transparency, and protections, and we should be clear about who's responsible for enforcement. Health and safety standards must be enforcable.
▶ 1:15:45I support national standards, but without independent oversight, those standards are difficult to guarantee. In practice, state attorney generals are unlikely to take legal action against their own state universities, which is troubling, but a reality. And that's why I support enforcement, something that's focused on athlete protection and institution On Title N, we keep talking about it because we all care about it.
▶ 1:16:13We know there's agreement on the importance of gender equity in college sports, but we got to be clear that all benefits and opportunities created under this bill have to comply with Title 9. Otherwise, we risk widening existing disparities between men and women's sports.
▶ 1:16:31I've spent had had great and long conversations with women coaches in this country and we could all listen learn listening to the women's coaches as much as we listen to the men's coaches and as my colleague Diana Deette has uh already talked about. I too want to acknowledge the inclusion of language around Olympic sports.
▶ 1:16:53I know this was added with good intentions and you heard us, but I and I appreciate the recognition of how important these programs are, but a report is not going to prevent cuts to those sports happening now. We need to be proactive in protecting the breadth and the diversity of college athletics. We don't support our Olympians enough now and they're going to get hurt. At the end of the day, I know my colleagues on both sides of the aisle and I share many of the same priorities.
▶ 1:17:24We all want to do right by college athletes. I appreciate the hard work that's gone into this bill and this process, but I believe and know we can do more and we should keep working together to strengthen the protections, the oversight, and the equity that's at the heart of this legislation. Thank you again to the chairman, the ranking member, to Mr. Bill Rackus, my colleagues here who care. I hope we can continue this dialogue.
▶ 1:17:52Unfortunately, we can't support it today, but we got to continue our work on this effort. And I yield back.
▶ 1:18:00Anyone on the Republican side that wishes to speak on the AS on the Democrat side? Well, it looks like we can go forward then with the amendatory process.
▶ 1:18:36There she is. You're recognized, Mr.
▶ 1:18:44Are there any amendments to the
▶ 1:18:50My apologies, Mr. Chairman. I
▶ 1:18:51recognize thought we were still doing opening statements. Uh, Mr. Chairman, I have an amendment at the desk titled NIL Markup One.
▶ 1:19:00Mr. Chairman, reserve the point of order, please.
▶ 1:19:04Yes, we will reserve the point of order. Thank you.
▶ 1:19:13The clerk will report the amendment. NIL amendment to the amendment in the nature of a substitute to HR 4312 of abundance.
▶ 1:19:23Without objection, the reading of the amendment is dispensed with uh and the gentle lady is recognized for five minutes in support of her amendment.
▶ 1:19:30Thank you, Mr. Chairman. This amendment gets to the heart of fairness in college sports. It removes three sections of the SCORE Act that taken together would severely limit the rights of college athletes to advocate for themselves and challenge unjust treatment.
▶ 1:19:46First, it eliminates the bill's antirust exemption that would give the NCAA and its member conferences unchecked power to impose restrictive rules on athletes indefinitely and without fear of legal The NCAA has a long ugly history of opposing reform at every turn, consistently resisting athletes rights, even on something as basic and broadly supported as NIL.
▶ 1:20:14The progress we've seen in recent years didn't come from NCAA foresight or conference leadership. It came because athletes fought back. They spoke out. They filed lawsuits. And they won in court.
▶ 1:20:28And yet this bill would reward the very institution that argued just last year in Johnson vca that college athletes should not be seen should be seen not as employees but as more akin to prison labor under the 13th amendment's slavery exception. that's actually that was their argument. Is that really the best approach here?
▶ 1:20:56I appreciate the difficult position President Baker inherited and I think he's made strides, but what happens when there's a new NCAA president? Do we just hope history doesn't repeat itself? Do we really believe Congress will reverse this if it goes too far? Let's not make that bet. This section is written should be removed.
▶ 1:21:19Second, my amendment strikes language that would, for the first time in federal law, permanently ban college athletes from ever being recognized as employees. Now, to be completely clear, no co college athlete is currently classified as an employee, not of their school or their conference, nor of the NCAA, and there's no pending decision before the NLRB on this question.
▶ 1:21:45Now, if down the line athletes seek employee status and succeed, it will be because of how they're treated, the hours that they're required to commit, the level of institutional control, the limitations on their autonomy. But this provision slams that door shut before the conversation even begins, barring the right to collectively bargain whether or not compensation is even on the table.
▶ 1:22:14Once again, I believe this section should be struck in its entirety. Finally, this amendment removes the federal preeemption for all state NIL laws. Mr. Chairman, I appreciate your staff's engagement and the revisions to this section. The Ames is better than what we saw during the markup in subcommittee last week.
▶ 1:22:37But I remain concerned that even as revised, the section could override state protections around athlete health, mental health services, and sexual violence, like the Michigan law that enabled the prosecution of Larry Nasser. We need to have rigorous evidence-based discussions about which state laws we're trying to preempt and which ones we're not.
▶ 1:23:03And we just can't do that thoughtfully under the compressed timeline that we're being forced to consider the score act. Now, as I said last week, federal law should set a high floor, not a low ceiling for athlete protections. States that want to do more for their athletes should have the freedom to do so. So, in some, Mr.
▶ 1:23:25Chairman, this amendment prevents federal law from entrenching the very power imbalance that has disadvantaged college athletes for generations. If we're going to move this bill forward, we must do it in a way that centers and respects the voices of the athletes themselves. I urge my colleagues to support this amendment, and I yield
▶ 1:23:47Mr. Chairman, Mr. Chairman,
▶ 1:23:49gentleman is recognized.
▶ 1:23:50Mr. Chairman, I must insist on uh my earlier uh point of order. The amendment violates clause 7 of rule 16 of the rules of the house because it is not gerine. Specifically, the amendment as a whole goes beyond the scope of this committee's jurisdiction, thus making it not germanine. Okay. Does any other member wish to speak on the uh the amendment or the point of order in this case? The port of the point of order.
▶ 1:24:20Seeing none, the chair is ready to to rule. Uh the chair is ready to rule. Uh and then the member um makes a point of order that the amendment offered by the uh by Miss Tran is not gerine.
▶ 1:24:37Clause seven of rule 16, the uh the germanine rule provides that no uh proposition on a subject different from that under consideration shall be admitted under color of amendment. The chair finds that the amendment as a whole goes beyond the scope of the committee's jurisdiction. It is therefore not germanine. The point of order is sustained.
▶ 1:25:10Are there any other amendments to the
▶ 1:25:16Miss Clark, you're recognized for your
▶ 1:25:20Thank you very much, Mr. Chairman. I have an amendment at the desk labeled
▶ 1:25:32The clerk will report the amendment. reserve a point.
▶ 1:25:36I'm told to
▶ 1:25:37the uh Oh, it's all right. I recognize with you reserved.
▶ 1:25:40I withdraw.
▶ 1:25:44The the chair will report the In other words, the clerk will report the
▶ 1:25:49N markup_2 amendment to the amendment in the nature of a substitute to HR4312 offered by Miss Clark. Page one, strike line 15 and all that follows through page two, line two. Without objection, the reading of the amendment is dispensed with and the gentle lady is recognized in for five minutes in support of her amendment.
▶ 1:26:10Mr. Chairman, I move to strike the last word to speak on my amendment. Thank you. As I've said before, I am deeply troubled by the antirust exemption this bill would provide the NCAA and athletic conferences. Let me remind you all that antirust lawsuits brought by current and former players are the reason athletes have been able to achieve the gains of these last few years.
▶ 1:26:36And if history is any guide, the NCAA and other athletic conferences simply cannot be trusted with creating fair guidelines that protect college athletes and their ability to profit from their own name, image, and likeness. We simply cannot turn the same entities that created the broken, inequitable system of the past to serve as the stewards of a new system.
▶ 1:27:03We are already seeing the folly in this thinking play out with the newly created college sports commission. Also, proposed NIL deals are rejected out of hand due to decisions to arbitrarily decide that college athletes cannot accept certain appearance fees, which seems fundamental to monetizing the value of one's name, image, and likeness.
▶ 1:27:26and to pair this antirust exemption with a broad preeemption of state law, which would prevent state attorneys general, local law enforcement, and college athletes and their families from bringing causes of action under state law when the NAA, excuse me, when the NCAA and the conferences make serious mistakes is the wrong move.
▶ 1:27:50When college athletes are sexually assaulted by their coaches or trainers, something we have seen before, they should have a cause of action in state court. When college athletes die on the practice field because of heat stroke, something we have seen before, their family should be able to go to court and seek justice and to help make sure that this doesn't happen to other people.
▶ 1:28:15So, let's empower college athletes instead of giving the NCAA everything on its wish list without regard to the consequences of doing so. With that, Mr. Chairman, I yield back the balance of my time.
▶ 1:28:30General lady yields back and I'll recognize on the Republican side, Representative Fry. You're recognized for five minutes.
▶ 1:28:37Thank you, Mr. Chairman. I move to strike the last word.
▶ 1:28:40You're recognized.
▶ 1:28:41Thank you. Uh I oppose the amendment because striking these sections would nullify the entire intent of the bill which is to bring stability to college athletics. In fact, the examples that were provided uh uh on the other side are not even envisioned within this bill. They don't apply. State actions would still consider this is all about NIL.
▶ 1:29:01We heard from our Democrat colleagues for weeks really leading up to the subcommittee markup and even after uh and made clarifying edits in the Ames to address their concerns on the liability limitation and the preeemption being too broad. For example, we added clarifying language in section 10 of the bill to address the concerns uh and specifically address state laws of general applicability. The antitrust liability protection in section 7 is imperative to provide much neededed clarity to the current ecosystem.
▶ 1:29:30This protect protection is conditional on compliance with the score act which allows in the interstate intercolgiate athletic association uh to create and enforce rules that are narrowly tailored to address issues including NIL transfers and eligibility. Lastly, the bill needs strong preeemption because a patchwork of state laws is unsustainable and leads to competitive disadvantages between schools.
▶ 1:29:57Without preeemption, athletes in different states will face unequal opportunities, confusing standards and enforcement gaps, undermining both competition and athlete protections. I urge my colleagues to vote no, and I yield back the remainder of my time.
▶ 1:30:11Thank you. Gentlemen, yields back. Anybody on the Democrat side? The the ranking member of the full committee is recognized for five minutes to discuss uh the amendment. The amendment to the
▶ 1:30:23Thank you, Mr. Chairman. I I um support uh the gentleoman from New York's amendment. I had already asked to enter into the record a letter um that we received, very powerful letter from the attorney generals of Florida, Ohio, Tennessee, New York, and Washington DC. And I would point out that this letter includes that the majority of them are Florida, Ohio, Tennessee or are Democratic uh I mean our Republican dominated states. So it's not just you know blue states.
▶ 1:30:53It's primarily red states that are attorney generals that are sending this letter opposing the score act. And these attorneys general have all brought suit against the NCA for abusing their authority over college athletes. In this letter, the attorneys general described the SCORE Act, as I said, as a misguided effort that will enshrine in federal law the arbitrary and biased authority of the NCAA at its worst. Very critical of the NCAA and of this bill.
▶ 1:31:18There's another uh section in the letter where the attorney generals explain and I quote that the NCA has spent decades using its monopolistic power to impose harsh punishments for minor infractions, ignore major infractions, and rake in billions and billions of dollars on the backs of indentured student athletes while suppressing their opportunities to share in the wealth. Pretty critical again of the NCAA.
▶ 1:31:45You know, again, I I I I don't understand why um you know, the Republicans and the president are, you know, so determined to take away research dollars, uh endowments, tax endowments, take away student loans, all the academic things that relate to college, they want to get rid of, but they care about this billions of billions of dollars that the colleges get from sports. I wish you'd spend a little more time worrying about some of the other things.
▶ 1:32:13But the letter also says that antitrust enforcement and state legislation have compelled a paradigm shift in college sports. However, despite progress, the NCAA and its members have yet to fully ensure fair treatment for student athletes. And as they explained, the SCORE Act quote will not redress the persistent power imbalance between the NCAA and student athletes.
▶ 1:32:35To the contrary, it risks enshrining in federal law the same lack of accountability to antitrust laws to the states and to student athletes themselves that the Supreme Court and numerous lower federal courts have found to be indefensible. Now, I agree with these states attorney generals.
▶ 1:32:51don't often agree with states g attorney generals from red states frankly but I do I do think that they make a a very valid point and I urge my colleagues to support representative Clark's amendment striking the provisions that give the NCA and the conferences broad protection from federal and state antitrust laws while preempting other state laws leaving college athletes without access to seek legal remedies for bad acts by the NCAA and the conferences the bad acts will only continue.
▶ 1:33:21It's really kind of a shame. I I I I guess I'm just surprised by all this, but if we were to adopt uh Representative Clark's amendment, it would make a world of a difference. And with that, uh I yield back. Oh, I'll yield to um Oh, I don't have any time left. Oh, I do.
▶ 1:33:39Yeah. I'll yield to Mr. Peters. You want your own time? Okay, I yield back.
▶ 1:33:46Gentleman yields back. Anybody on the Republican side that wishes to speak on Miss Clark's amendment to the ENS? No. On the Democrat side, yes. Mr. Sto, you're recognized for five minutes.
▶ 1:33:59Thank you, Mr. Chairman. You know, college sports are fundamental to our way of life. And I will say this last year, we were enthralled by University of Florida winning the basketball championship. For that, I I tip my hat off to you, chairman. Uh, you know, it wasn't long ago that another school, FSU, not as big of a fan, I know.
▶ 1:34:20Uh, when I was in the state senate, was on their way to the NCAA College Football Championship, uh, and Jus Winston was the the quarterback and he ended up winning the Heisman Trophy. And there was a moment halfway through that season that shocked a lot of people. He got caught stealing crab legs from Publix. And uh and a lot of people were thinking, how is that possible?
▶ 1:34:45Why would anybody who's on their road to the Heisman Trophy winner uh or to win the college championship get caught in something like this? And it really started uh to have a lot of us ask questions about how little uh how impoverished a lot of these student athletes were uh at the time that they were doing these amazing things.
▶ 1:35:06billions of dollars in economic development generated huge amounts of uh interest and jus and other college athletes. were surrounded by wealth on all sides. Big boosters, their kids, all these different businesses, everybody making money, yet they were living in in poverty. Uh, and it's only when you look through that lens you realize what the old system was like.
▶ 1:35:31Uh, which is why the Supreme Court uh declared that the NCAA was a monopoly and uh that uh players were exploit exploited and that this had to change. uh this bill would reinstate that monopoly and I think we all understand that. And so as we look at how potentially NCIA could get a monopoly reinstated that we have to have the fairest rules of the road and take the long view.
▶ 1:36:01Uh and so when you look at the role of states and whether or not state law should have any effect uh you know that is a concern for a lot of us uh a total preeemption may not be taking the long view when it comes to how this law will be tested over time with many different scenarios that we can't uh determine here. Uh, in addition, banning collective bargaining. If we're going to make the league more like the private sector, every other major league has a players association.
▶ 1:36:29Uh, and that helps with the long view to make sure we're making these adjustments. I'll tell you many of the things that Democrats support. We do want rules of the road. I think we all understand that. We want standard elements in uh these NIL contracts so that uh they're they're not open-minded to exploitation. We want to make sure students actually get an education. Uh we want to make sure there's overall spending caps for schools so that this doesn't bankrupt small and midsize schools. We want fair rules of the road for transfer portals.
▶ 1:37:00Uh it shouldn't happen midseason. Should there should be a limited amount of them so it doesn't cause all this chaos. Uh we want to protect existing sports. NCA usually requires at least 16 sports. We want to make sure um both the players that are involved in the highest revenue sports like football and basketball get rewarded, but not at the total expense of all these other sports that don't make as much money. We want to make sure we're protecting our Olympic athletes and the talent pipeline that that happens uh to go through our universities.
▶ 1:37:30We want to protect athletes under Title Nine and not make sure this monopoly closes all loopholes. And we appreciate the chairman's good faith efforts to move on Title Nine. So, thank you for that. And we want to make sure that uh students can get fair representation both uh whether it be through agents or through a players union and that if we're going to have some preeemption of state law that it's not total.
▶ 1:37:53You know, I got to say we we rarely find ourselves on the side of the Florida AG among Florida Democrats in our state. But in this way, you see this coalition of folks who um do understand that there is a role for state law to play and that a total preeemption u may not take the long view as well as limiting players rights and and so with that uh I appreciate the effort that's been made so far.
▶ 1:38:19I do think there's a lot more that needs to happen as we get to bipartisan product and I yield back.
▶ 1:38:24Gentleman yields back. Anyone on the Republican side that wishes to speak on the amendment, the clerk amendment to the ANS? Anybody on the Democrat side? Yeah, I think we'll go with Mr. Peters first because I think he raised his hand first, but I'll recognize of course the gentle lady from Florida, but we'll recognize Mr. Peters first.
▶ 1:38:45Thank you, Mr. Chairman. Skipping over Florida for me on the amendment. Thank
▶ 1:38:49Thank you. Thank you.
▶ 1:38:50I do want to take a moment to acknowledge my colleagues, Representatives Strahan and Dingle um and Mr. Bill Rockus for really working hard on this issue. I think it's something that you've heard uh we all want to we want to um get to a good result on and I certainly join that chorus. I I won't support the bill today, but um uh but I think you know we there's a commitment that we'll work together and I I I'm glad to hear that.
▶ 1:39:14Um we're considering a proposal to establish a national framework uh to set forth rules and regulations on student athletes rights to profit from their name, image, and likeness. Uh and currently the state the patchwork of state legislation is causing confusion for both schools and athletes. From state to state, student athletes have different rights on what deals they can make and schools have different authorities on what rules they can set.
▶ 1:39:38So it's clear that we need to address NIL to provide students, schools, and conferences with the legal clarity they need to promote competition, the role of academics and our college athletics and the health and safety of our student athletes. Um, I hope the committee will draft craft a bipartisan proposal in in a deliberate manner that reflects our constituents concerns and addresses the urgent need to find a sustainable solution to the challenge confronting NIL policy.
▶ 1:40:04Now, um, we do need some sort of national standard and, uh, I found myself in this position before saying I'm not uncomfortable with preeemption. I think um I think in this case we need one course of action for students who are harmed by the college athletic system financially, physically or emotionally. We don't have that standard yet. Um so I'm not going to vote yes on the bill. But I do I do support preeemption. I think that that's right.
▶ 1:40:32We should work to get one standard here, national standard. Uh, and the other thing is I I think we have to acknowledge that um the fallout from the House versus NCA litigation is a big reason that Congress is moving forward on the legislative fix at all. And I think that's all to the good, but we don't want to run this country on lawsuits and court decisions alone. I also think we're going to need an antitrust exemption.
▶ 1:40:55Um, so I'm I'm going to not support this particular amendment because all it does is wipes away the parts of the of the of the legislation I think we're going to need at the end. Um, but I'm not going to support the legislation because I don't think we have the right standard yet. And and I want to encourage all all of us to work together to make sure that we we do address it. I also want to um this is not directly on the amendment. I do think we need to address Title 9 and understand that's partly out of our jurisdiction, but I think we got more work to do.
▶ 1:41:24Um, and I do want to I think it's critical to keep up this work to get a a product that has a future in the upper chamber on which both sides can agree. So, while I will not support this amendment, um I I cannot support the bill and look forward to working uh in the future to get something that we all can agree on. Thank you.
▶ 1:41:38Thank you, gentlemen. The gentleman yields back. Anybody on the Republican side wish to speak on the amendment? Democrat. Uh yeah, we have Miss Caster. You're recognized for five minutes to speak on the amendment.
▶ 1:41:49Thank you, Mr. Chairman. Uh colleagues, this was I'd like to raise a point that that I raised in this subcommittee markup and that involves kind of the the breadth of an antirust exemption along with broad preeemption. And I do see that uh some of the language has changed.
▶ 1:42:07I want to thank Representative Clark for offering this amendment because it gives me an opportunity to to ask this question and uh associate myself with the remarks of Representative Peters as well is very thoughtful and and is always looking for a bipartisan solution. So when you combine an antirust exemption with broad preeemption really it it raises a lot of questions about the rights of student athletes to challenge contracts. What if there's a breach of contract?
▶ 1:42:36What if they are the victim of sexual harassment uh or sexual assault? Uh what if there is a fraud being done? And I know we're going to have a debate on how student athletes enforce what what the enforcement provisions are under the score act. But I noticed Mr.
▶ 1:42:52Chair Chairman Billisus, you've added some language under the preeemption section uh of rules of construction says nothing in the subsection may be construed to relieve any person of liability under a state law of general applicability that does not conflict with this act including the amendments made by this act or relieve any person of liability under common law.
▶ 1:43:16Does that in I'm going to ask um legislative intent issue and then ask the council for legal inter interpretation. For example, if a student athlete is sexually assaulted um and they bring a will they be able to bring a civil action uh does anything in the score act obiate their legal rights when it comes to
▶ 1:43:37they uh they will be able to to bring uh an action. uh and we wanted to clarify that language because you gave us some great input uh in the in the subcommittee. So yes uh nothing will prohibit that from
▶ 1:43:51Does that apply to breach of contract?
▶ 1:43:53Yes, I believe so. Yes.
▶ 1:43:55And does that apply to uh fraud?
▶ 1:43:59Yes. So you intend you intend for under the rules of construction for the preeemption section to be fairly limited to be limited really only to the revenue sharing uh the NIL uh provisions here and not go be not not go outside
▶ 1:44:19that's that's correct
▶ 1:44:21and legal counsel do you do you concur with that is it would an athlete a student athlete have the ability to bring u suits for breach breach of contract or fraud or sexual assault or anything else um under this the new language that's been added.
▶ 1:44:37Thank you for the question. Yes, and the rule of construction which I I can read as well, but I know you have it in front of you. Um that is the case.
▶ 1:44:45Okay. Um there are still some big questions on antirust. Uh but I really appreciate you you addressing this provision. I think there's still a lot of questions to be to be asked and answered on this, but I appreciate that that has been clarified. Thank you and I yield back.
▶ 1:45:02Thank you. General Lady yields back and I appreciate you bringing that up because that's very important and and we did uh you know again very constructive uh criticism in the last uh in the last uh subcommittee meeting and uh and I guess we have a better product for it. So I appreciate it very much. Gentle lady yields back. Uh, anyone else on the Republican side? Democrat side. Yes, Miss Tran, you're recognized on the
▶ 1:45:32Thank you, Mr. Chairman. Uh, I understand the intent behind preeemption. It's to bring order to the patchwork of laws governing name, image, and likeness. Uh, I know how overwhelming it would be to navigate a complex legal landscape on top of choosing a school, weighing scholarship offers, and thinking about your future.
▶ 1:45:55Um, I mean, I was 17 years old when I signed my letter of intent and comparing two offers from two very different schools, uh, with two parents who didn't go to college, myself being the first to go to college, I mean, that was difficult. Um, now layering on NIL laws that differ by state, that patchwork doesn't work for athletes.
▶ 1:46:17And we're clear that we want to give athletes the tools so that they can make the best decision for themselves. But we can achieve national consistency without undermining states rights or suppressing stronger protections. Our preeemption should establish baseline rights for college athletes nationwide while giving states the freedom to do more.
▶ 1:46:45So even with the positive changes that we saw last week, it we just don't get there. Um there's as written with no savings clause, this preeemption could go well beyond state NIL laws. and we have not had a chance to sort of in the week's time to look at that language and understand where those risks are.
▶ 1:47:08We have over 30 states that have NIL laws on their books, but we have many more that have laws that pertain to health and safety for players, for mental health, for financial services. This preeemption could upend those state laws, which I do not think is the intention of this bill, but the bill as written isn't clear.
▶ 1:47:30Second, on the antitrust, I have a hard time believing that if we grant the NCAA and powerful conferences the sweeping antirust exemption that currently exists in this bill, that Congress is going to come back and revisit it if they overreach. We didn't do that when the MLB used their antirust exemption to ax 42 minor league teams, shuttering stadiums across this country and probably in your district.
▶ 1:48:00We could have, but we we just didn't do it. So, I want us all to be clear. Once we give this shield to an organization like the NCAA, we don't get that power back. So I would suggest that at the very least we more narrowly tailor this exemption to precisely what's in the House settlement which is what the association initially asked for and that we institute a sunset provision.
▶ 1:48:25We can make it 10 years to coincide with the expiration of the House settlement or we could make it nine years to line up with the NCAA's next media rights renegotiation. Either way, let's make them prove to us that they deserve this shield. It will be a check on their power and a way for Congress to address issues that arise in an evolving college athletics landscape. Thank you. I yield back.
▶ 1:48:53Gentle lady yields back. Any further discussion on the amendment on the Republican side, Democrat side?
▶ 1:48:59We want to roll.
▶ 1:49:00Okay. Well, I understand that uh we want a roll call on this particular amendment. Uh so why don't we go ahead and have the clerk call the role.
▶ 1:49:15Mr. La,
▶ 1:49:18Mr. Lada votes no. Mr. Griffith.
▶ 1:49:25Mr. Billis.
▶ 1:49:27Mr. Billis votes no. Mr. Hudson Mr. Hudson votes no Mr. Carter of Georgia Mr. Palmer Mr. Dunn Mr. Krenshaw Mr. Krenshaw votes no Mr. Joyce Mr. Joyce votes no Mr.
▶ 1:49:57Weber Mr. Mr. Weber votes no. Mr. Allen. Mr. Allen votes no. Mr. Balderson. Mr. Balderson votes no. Mr. Fulture. Mr. Fulture votes no. Mr. Fluger. Mr. Fluger votes no. Mrs. Harshburgger. Mrs. Miller Meeks. Mrs.
▶ 1:50:28Kamik. Mrs. Kamik votes no. Mr. Obernolulti Mr. James Mr. James votes no. Mr. Ben Mr. Ben votes no. Mrs. Houchen. Mrs. Houchin votes no. Mr. Fry.
▶ 1:50:51Mr. Fry votes no. Miss Lee.
▶ 1:50:55Miss Lee votes no. Mr. Langworthy,
▶ 1:51:00Mr. Langworthy votes no. Mr. Kaine,
▶ 1:51:04Mr. Kane votes no. Mr. Roelly, Mr. Roelly votes no. Mr. Evans, Mr. Goldman, Mr. Goldman votes no. Mrs. Fedorek, Mrs. Fedorch votes no. Mr. Palone, Mr. Palone votes I. Mr. Deette.
▶ 1:51:31Mr. Get votes I. Miss Shakowski
▶ 1:51:35Miss Shakowski votes I. Miss Matsui. Miss Matsui votes I. Miss Caster. Miss Caster votes I. Mr. Tonko.
▶ 1:51:48Mr. Tonko votes I. Miss. Clark. Miss. Clark votes I. Mr. Ruiz. Mr. Ruiz votes I. Mr. Peters. Mr. Peters votes no. Mrs. Dingle. Mrs. Dingle votes I. Mr. Vzy. Miss. Kelly. Miss Bagon. M. Badon.
▶ 1:52:18Votes. I. Mr. Sodto. Mr. Sodto votes I. Miss. Shrier. Miss Shrier votes I. Miss Treyan. Miss Treyan votes I. Miss Fletcher I.
▶ 1:52:34Miss Fletcher votes I. Miss. Miss Okassio Cortez votes I. Mr. Mr. Oenclaus votes I. Mr. Carter of Mr. Carter of Louisiana votes I. Mr. Mr. Mendez votes I. Mr. Mr. Mullen. Mr. Mullen votes I. Mr. Lansman. Mr. Lansman votes I. Miss. Mlen. M.
▶ 1:53:04Mlen votes I. Chairman Guthrie.
▶ 1:53:08Chairman Guthrie votes no.
▶ 1:53:11Mr. Carter of Georgia is not recorded.
▶ 1:53:14Mr. Carter of Georgia votes no.
▶ 1:53:17Mr. Dunn is not recorded.
▶ 1:53:19Mr. Dunn votes no.
▶ 1:53:22Mr. Griffith votes no.
▶ 1:53:25Mr. Palmer is not recorded.
▶ 1:53:28Mr. Palmer votes no.
▶ 1:53:31Mr. Obernolulti votes no.
▶ 1:53:34Mrs. Miller Meeks votes no.
▶ 1:53:38Mr. Evans votes no.
▶ 1:53:42Mrs. Harshburgger is not recorded.
▶ 1:53:44Mrs. Harshburgger votes no.
▶ 1:53:51Mr. Mr. Obernalty.
▶ 1:53:55Mr. Oberoni is recorded as No.
▶ 1:53:58Oh, okay. And Mr. Evans. Okay. You have a couple here.
▶ 1:54:04How How is Miss Kelly recorded?
▶ 1:54:06Miss Kelly is not recorded. Miss Kelly votes I.
▶ 1:54:12Okay. Uh, how is Mr. VC recorded?
▶ 1:54:15Mr. Vzy is not recorded.
▶ 1:54:18Mr. Vzy votes I. That should do it.
▶ 1:54:25The clerk will report the result.
▶ 1:54:31Mr. Chairman, on that vote, there are 23 eyes and 31 nos.
▶ 1:54:35Is l is ly.
▶ 1:54:38He is recorded. We're good. We're good. Thank you. Thank you. So, the the amendment is not agreed to. Are there further amendments? on the
▶ 1:54:58Yeah. No further amendments. Well, that would be nice.
▶ 1:55:03Okay. Mr. Carter. Uh, so what for what purpose would you like to be recognized?
▶ 1:55:09Thank you, Mr. Chairman. I have an amendment at the desk. Carter Cart LA The clerk will report the amendment.
▶ 1:55:23Uh, CART LA_029 amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. Carter of Louisiana.
▶ 1:55:32Without objection, the read the amendment is dispensed with and the gentleman is recognized for five minutes in support of his amendment.
▶ 1:55:39Mr. Chairman, I ask unanimous consent that the amendment be considered as
▶ 1:55:44You're recognized,
▶ 1:55:45Mr. Chairman. This is a common sense amendment to strengthen enforcement of the bill's framework. As it stands, this bill grants enforcement authority solely to the state attorney G attorneys general. However, this will lead to inconsistent enforcement at best or non-existent enforcement at worst. Um, some attorneys general may disagree with this law or simply choose to look the other way, especially when violations involve their own flagship universities.
▶ 1:56:14that puts student athletes at some states at a disadvantage and creates an uneven playing field. That's why my amendment adds a straightforward fix. It gives the Federal Trade Commission joint authority to enforce NIL protections nationwide. The FTC has deep experience in consumer protection and commercial practices. It is well equipped to investigate bad actors, uphold transparency, and ensure athletes are not being exploited.
▶ 1:56:43Importantly, giving the FTC this role ro role ensures that enforcement does not depend on local politics, university pressure are preferences of a single state official. We owe it to student athletes to make sure that they have the right to profit on their own hard work.
▶ 1:57:04enforcement should be real, reliable and uh uniform no matter and no matter where the athlete goes to school. Um it should be in in uniformity no matter where the the student goes to school. The amendment doesn't take anything away from the state. It simply ensures that if state fails to act, the federal government can step in to protect student athletes with the integrity of the college for college sports.
▶ 1:57:32I urge my colleagues to support this amendment and to stand for fair national enforcement of student athletes rights. Let's make the law meaningful for every student. This is simple. This is something I think we can all agree on. This gives us the check and balance that we often look for in this body to ensure that we will have the opportunity to have both FTC and state attorneys generals. Um I have spoken with with uh the chairman about this. I hope Mr. chairman that you will see fit to support this amendment and I yield back.
▶ 1:58:04Gentleman yields back. I'll recognize myself to speak on the the amendment to the uh to the ANS. Uh again, I move to strike the last word. I oppose the amendment because I believe it is unnecessary. First, the Ames already includes robust enforcement of the score act. States attorneys generals are are empowered to bring actions that in ensure that students and their NIL rights are protected.
▶ 1:58:33Moreover, if IA does not comply with the terms of the act, they will lose their liability protections. I want to repeat that one more time. Uh if hopefully everyone's paying attention. More moreover, if IA does not comply with the terms of the act, they will lose their liability protections.
▶ 1:58:57Second, the Ames directs the FTC to conduct a study on whether an independent body is fit for purpose to uh to regulate agents who enter into contracts with college athletes. I would recommend that we wait for the result of the proposed study before we grant additional new authorities to the FTC.
▶ 1:59:20In fact, I would remind everyone that the FTC already has existing legal authorities to protect college athletes, which Congress granted them when we passed Sparta. So, for these reasons, uh, I encourage my colleagues to vote no on this particular amendment, and I yield the balance of my time. I'll yield back the balance of my time. Anybody on on the rep on the Democrat side wish to speak on the amendment? Yes, Mr. Tran, you're recognized for five minutes on the amendment.
▶ 1:59:50I move to Mr. Chairman, I move to strike the last word.
▶ 1:59:54You're recognized.
▶ 1:59:55Thank you, Mr. uh I applaud Mr. Carter for sounding the alarm on the lack of meaningful enforcement in this bill and for proposing a thoughtful amendment to address it. You know, during our subcommittee markup last week, I offered a similar amendment focused on enforcement and every Democrat on the panel voted in favor and every p Republican voted against it. It failed along party lines and I sincerely hope Mr.
▶ 2:00:19Carter's amendment doesn't meet the same fate because without robust enforcement mechanisms, federal, state, and private, the protections promised to athletes in the SCORE Act are a little more than lip service. When negotiating with our Republican colleagues, we pushed hard for enforcement. And as a result, as the chairman mentioned, the bill now includes authority for state attorneys general to enfor enforce certain provisions. That's progress, no question.
▶ 2:00:48But it's also a tacic acknowledgment of the core point that we made last week. A right which is legally is no right at all. And while this concession is a step forward, it just doesn't go far enough. Right now, state AGs can only enforce section three of the bill focused narrowly on NIL requirements. That's a fraction of what this legislation covers.
▶ 2:01:15Who's going to make sure that colleges live up to their obligations to protect athletes health and safety? Who ensures that the NCAA administers the transfer portal fairly? And when those obligations are broken, when an athlete is harmed physically, financially, or mentally, what's their Even more troubling, the bill couples limited enforcement with an exemption from antirust liability. Now, that's just a dangerous combination.
▶ 2:01:45We've seen what happens when powerful institutions operate with impunity. There's a better way, and I think this committee has proven that. Just look at the Take It Down Act, championed by you, Mr. Chairman, and one that passed with broad bipartisan support. In that bill, we gave the FTC new enforcement authority, and we celebrated it. So, why not apply that same logic here? I mean, we all know a study is not enforcement.
▶ 2:02:15If Congress is legislating on college sports as a matter of interstate commerce, shouldn't there be a federal enforcer like the FTC to uphold those rules? The Ames already gives the commission reporting responsibilities. Let's go one step further and give it teeth. And while we're at it, let's empower athletes themselves with the private right of action because no one has more at stake than they do. I urge my colleagues to support Mr. Carter's common sense amendment and I yield back.
▶ 2:02:46General lady yields back. Anybody on the Republican side wish to speak on the amendment on the Democrat side?
▶ 2:02:53Yes. Yes, Miss Caster, you're recognized for five minutes.
▶ 2:02:57Thank you very much, Mr. Chairman. And I want to thank Representative Carter for this important amendment and I think it goes handinhand with uh the amendment drafted by Representative Accaziac Cortez. I hope she will be offering that one as well. And Rep. Trey Han is right. the the way the bill and the AIS right now is drafted, student athletes um will have less rights than they did before. Um you're granting this broad antirust exemption and liability shield.
▶ 2:03:27That is where student athletes brought uh brought enforcement before. So if you're going to take that away, you're going to need to draft include some express enforcement and to say that a state attorney general is going to take on uh a an NIL deal that a student athlete has entered into with um with the college or university. That's just too much. And that's that really is not their role.
▶ 2:03:56Uh I can see an important role for the FTC to bring it, but especially for a private right of action of this the actual student uh athlete or uh you know that to be able to a group of athletes to be able to bring a a case and u make sure that their rights are heard and without proper enforcement.
▶ 2:04:18all of the progress that you've made on on improving the preeemption section and moving the ball down to down the field, so to speak, you you're just not going to get there. It's kind of a fumble. You'd say you you've you've moved it down the field. You're getting closer, but you fumbled it. Now, let's pick it up. Let's fix this. Let's let's adopt this uh Representative Carter's amendment, Repaziac Cortez's amendment, and move forward to a really meaningful bipartisan bill. Thank you, and I yield back my time.
▶ 2:04:48gentle lady yields back. Anybody on the Republican side to discuss the amendment? Anybody on the Democrat side to discuss the amendment? First of all, I want to thank uh Representative Carter uh for working with me on this particular bill and all the Democrat members. I I think we are getting closer. So, we appreciate that very much. But again, uh I do not favor this particular amendment. Uh but we'll request a You want to record a vote?
▶ 2:05:16Okay. We're uh the gentleman requests a recorded vote. So the clerk will call the role. Mr. Lada. Mr. Griffith. Mr. Griffith votes no. Mr. Mr. Billis votes no. Mr. Hudson. Mr. Hudson votes no. Mr. Carter of Mr. Palmer.
▶ 2:05:48Mr. Dunn Mr. Dunn votes no. Mr. Krenshaw Mr. Joyce Mr. Weber Mr. Allen Mr. Weber votes no. Mr. Allen Mr. Balderson Mr. Mr. Balderson votes no. Mr. Fulture. Mr.
▶ 2:06:18Fulture votes no. Mr. Fluger. Mr. Fluger votes no. Mrs. Harshburgger. Mrs. Harshburgger votes no. Mrs. Miller Meeks. Mrs. Miller Meeks votes no. Mrs. Kamik Mrs. Kamik votes no. Mr. Obernulti. Mr. Mr. James.
▶ 2:06:44Mr. James votes no. Mr. Ben Mr. Bence votes no. Mrs. Hggin. Mrs. Hchin votes no. Mr. Fry.
▶ 2:06:56Mr. Fry votes no. Miss Lee.
▶ 2:07:01Miss. Lee votes no. Mr. Langworthy.
▶ 2:07:05Mr. Langworthy votes no. Mr. Kain. Mr. Roelly. Mr. Roelly votes no. Mr. Evans. Mr. Goldman. Mr. Goldman votes no. Mrs. Mrs. Fedorch votes no. Mr. Palone.
▶ 2:07:29Mr. Palone votes I. Mr. Dat.
▶ 2:07:33Mr. Digette votes I. Miss Shakowski.
▶ 2:07:37Miss Shakowski votes I. Miss Masoule.
▶ 2:07:40I. Miss Matsui votes I. Miss Caster.
▶ 2:07:46Miss Caster votes I. Mr. Tonko
▶ 2:07:49Mr. Tonko votes I. Miss. Clark. Miss. Clark votes I. Mr. Ruiz. Mr. Ruiz votes I. Mr. Peters.
▶ 2:08:02Mr. Peters votes I. Mrs. Dingle. Mrs. Dingle votes I. Mr. Vzy.
▶ 2:08:10Mr. VZY votes I. Miss Kelly. Miss Paragon. Miss Pagon votes I. Mr. Mr. Sodto votes I. Miss Shrier. Miss Shrier votes I. Miss Trean. Miss Treyan votes I. Miss. Fletcher. Miss. Fletcher. Votes. I. Miss Okasio Cortez. Mr. Okasiocortez votes I. Mr.
▶ 2:08:42Mr. Aenclaus votes I. Mr. Carter of Mr. Carter of Louisiana votes I. Mr. Mr. Mendez votes I. Mr. Mullen Mr. Mullen votes I. Mr. Lansman. Mr. Lansman votes I. Miss. Mcclullen. M. Mcclullen votes I. JTH. No.
▶ 2:09:08JG Guthrie votes no. How is uh Mr. Ladder recorded?
▶ 2:09:15Mr. Ladder is not recorded.
▶ 2:09:18Mr. votes no.
▶ 2:09:19How about Mr. Carter? How is he
▶ 2:09:22Mr. Carter is not recorded.
▶ 2:09:24Mr. Carter votes no.
▶ 2:09:27How How is Mr. Palmer recorded?
▶ 2:09:30Mr. Palmer is not recorded.
▶ 2:09:31Palmer votes no.
▶ 2:09:32Mr. Palmer votes no.
▶ 2:09:34How is uh Mr. Krenshaw recorded?
▶ 2:09:38Mr. Mr. Krenshaw votes no.
▶ 2:09:40Allen votes.
▶ 2:09:41Mr. Allen votes no.
▶ 2:09:43How is Mr. Joyce recorded?
▶ 2:09:45Votes no.
▶ 2:09:46Mr. Joyce votes no.
▶ 2:09:49Mr. Kane is not recorded.
▶ 2:09:52Mr. Kane votes no.
▶ 2:09:53Mr. Evans recorded.
▶ 2:09:55Mr. Evans is not recorded.
▶ 2:09:58Mr. Evans votes no.
▶ 2:10:01Anyone on the Democrat side that has not been recorded. All right. Well, why don't the clerk will report the amendment, the the result of the amendment?
▶ 2:10:16Mr. Chairman, on that vote, there were 23 eyes and 29 nos.
▶ 2:10:20So, the amendment is not agreed to. Are there further amendments?
▶ 2:10:25Miss Tran is recognized for her
▶ 2:10:30Mr. Chairman, I'd like to call up amendment AC OCA SNY20.
▶ 2:10:46OCA SNY_20 amendment to the amendment in the nature of a substitute to HR 4312 offered by um the general lady. At the end of the bill, add the following. Section 12, suit by student athletes injured, a civil action.
▶ 2:11:05Without objection, the reading of the amendment is dispensed with. Mr.
▶ 2:11:09uh, and the Yes,
▶ 2:11:10if I could reserve a point of order.
▶ 2:11:11The gentleman reserves.
▶ 2:11:12Thank you, Mr. Chairman.
▶ 2:11:13Point of order.
▶ 2:11:14So, without objection, the the amendment is uh is is considered red. Thank
▶ 2:11:20so we'll go ahead and recognize the general lady to propose her amendment.
▶ 2:11:24Thank you, Mr. Chairman. As we've been discussing today, the SCORE Act lacks the robust enforcement mechanisms that are necessary to ensure the limited rights included in the bill are more than just words on paper. Right now, the bill does not give athletes a viable avenue for recourse when the NCAA, a conference, or even their own institution violates their rights. That's a major gap and one that this amendment seeks to close.
▶ 2:11:52This amendment is simple and establishes a private right of action giving athletes the legal standing to hold institutions accountable when their rights are infringed. This is about balance. A private right of action doesn't replace federal or state enforcement. It complements it. It allows government regulators to do their jobs while also giving athletes the power to take matters into their own hands if they feel that's necessary.
▶ 2:12:18This is especially important given the uneven nature of enforcement we've seen in the past. We cannot rely solely on the NCAA or conferences that have historically fallen short of protecting athletes to suddenly become their strongest advocates. If we are serious about athletes rights, then those rights must be enforcable. This is not a radical idea. It's common sense. College athletes are not asking for special treatment.
▶ 2:12:46They're asking for basic provisions that are rooted in fairness. They're asking for the same legal tools any American has if and when their rights are violated. And I urge my colleagues to support it. Thank you. I yield back,
▶ 2:13:04Mr. Chairman.
▶ 2:13:05Yes. Recognize a gentleman for on our side. Thank you very
▶ 2:13:10Mr. If I might first withdraw my uh point of order.
▶ 2:13:14Wait, we have a point of order. I had a point of order reserved. I'm withdrawing that reservation.
▶ 2:13:19So moved.
▶ 2:13:21Thank you, Mr. Chairman. Mr. Chairman, I move to strike the last word.
▶ 2:13:26Uh, you're recognized.
▶ 2:13:28Thank you, Mr. Chairman. The score act would create a much needed national framework for college sports that offers stability, clarity, and transparency that stakeholders, including college athletes, need and have been calling for. The proposed amendment, however, would codify new private rights of action that advances the interest of trial lawyers, not college athletes. We only need to look at the House versus NCAA settlement to understand why that's an issue.
▶ 2:13:56The House settlement paved the way for athletes to receive 2.8 billion in back damages, but because of legal fees, almost half a billion dollars of that went to attorneys. Now, think about that. That's the bad half billion dollars that could have gone to supporting college athletes. Instead, the money is now paying for whatever lawyers use it for. Beyond a private ride of action, filling the pockets of lawyers, not students, trials are lengthy and adversarial, discouraging resolution.
▶ 2:14:24Instead of working with athletic association to resolve disputes collaboratively, students would be pushed toward costly, time-consuming legislation. The SCORE Act puts students front and center. By contrast, this amendment has been offered puts trial lawyers front and center. I urge my colleagues to vote no. Mr. Chairman, I yield back the remainder of my time.
▶ 2:14:45Is there any further discussion on men?
▶ 2:14:51All right. The gentleman is recognized.
▶ 2:14:54Uh thank you, chairman. I yield uh to my colleague from Massachusetts.
▶ 2:14:58Thank you to the congressman for yielding. Uh this has been an argument that we heard in the in the subcommittee. The fact that we pay uh attorneys to um to defend the rights of athletes is no reason to not give uh recourse um in this bill. I look, we're giving away a lot in this bill.
▶ 2:15:24We're giving away a lot to the people who are um uh want to sustain this power imbalance. They make a they get to capture a lot of the value that the athletes themselves create.
▶ 2:15:39And when you have an antirust exemption into perpetuity coupled with preeemption uh that doesn't allow states to build on a meaningful floor of laws or a framework and then you have no it's a recipe for people behaving badly and one that we don't get to come back to.
▶ 2:16:06So without a P, just having that option in the bill, it's going to make sure that people think twice about what they're doing in terms of infringing on athletes rights or ex um or uh you know giving them more uh say as this ecosystem evolves.
▶ 2:16:35without it, it is just going to be um it's just going to be a the wild west, but in the wrong way. It's going to be the athletes not having a voice at the table, not having recourse when uh you know, conferences or the NCAA uh trample over the very rights that they fought so hard to do these last few years. So, I don't think it's a threat to have this in the bill.
▶ 2:17:06I think it's necessary uh so that we're keeping this legislation focused on who I think we all want to protect and those are the people that we cheer for on game day. Those are the the people that we're all fans of. Um so, I I yield back. Thank you.
▶ 2:17:22The gentle lady yields back. Uh any further discussion on the amendment?
▶ 2:17:28Yes, sir. The gentleman is recognized. Thank you, Mr. Chair. Um, question of councel and I note on page 16 that uh there is a provision for agreements between the and and the schools. Is there a prohibition against an attorney fee provision in that language?
▶ 2:17:53In other words, in the normal course of a contract being enforced, if you win, you get attorney fees. My my point here is is there a prohibition against a student suing to enforce his or her rights under this contract in this bill?
▶ 2:18:10Thank you. Um are you referencing subsection E on page 17, the actions by
▶ 2:18:16For that matter, I'm actually talking about the entire bill. If a student enters into a contract, can't they include in the contract a normal provision that says that they can sue to enforce specific performance? they can sue to get and if they win they get attorney fees. I'm just trying to say here why would we need a private cause of action when the contract itself would be enforceable under state laws discussed earlier this after this this
▶ 2:18:39Okay. Thank you sir. I believe the answer would be yes. The the answer the answer is yes that that we don't need this proposed amendment because a contract is always going going to contain the rights of specific performance the rights to of enforcement the rights of the student to protect their interest because the contract would provide such that's a normal contact term.
▶ 2:19:00Yes sir. And as I might note that I've been speaking with folks over in the uh education committee, uh I ask that there be legal included in their portion of the bill so that the student has a lawyer helping them write up the contract. I make a note of that because that further illustrates the lack of need for this amendment. I yield back.
▶ 2:19:23Gentleman yields back. Is there any further discussion on amendment?
▶ 2:19:28Oh no. Legit lady from Florida is
▶ 2:19:36you're recognized.
▶ 2:19:38Thank you, Mr. Chair. I yield to the gentle lady from Boston, uh, Massachusetts where
▶ 2:19:44Thank you. I appreciate my colleagues um because I think the the provision that my my colleague on the other side of the aisle is calling out is only for the NIL portion of the bill. Um there is nothing in that language that would um give a an individual the right to contest the other sections, sections five and six. I mean, let's be clear. This bill goes well beyond NIL.
▶ 2:20:15This the the the antirust exemption goes far beyond the preeemption goes far beyond the enforcement, which it's uh underwhelming in terms of uh what we would need to see for athletes. Yet, the contract law that you're referencing does not pertain to all of it.
▶ 2:20:39And so I just want us to all be aware as we're, you know, voting for this bill who has the power to um uh to have recourse. It's not the athletes as written in this bill. Thank you. I
▶ 2:20:55The gentle lady yields back. Is there any further discussion on the amendment?
▶ 2:21:00Any further discussion on the amendment?
▶ 2:21:02Yes. The gentle lady from Florida.
▶ 2:21:04Thank you. I have a question. So if the current AIS uh limits enforcement just to state AG's there a a limitation on attorney's fees would not be applicable. Um, so I think that there may need to be I I see um the gentleman from Oregon.
▶ 2:21:23I think you you have a concern about uh all contracts under under the bill, but for this section, it's just state AGs that have the ability to enforce, and that's just not good enough. That's not good enough. You have to give uh students the ability to to enforce. Um and then Rep. Rep. Carter's good amendment was okay. than Federal Trade Commission to enforce.
▶ 2:21:47But I think the bill will remain fundamentally flawed until you allow students the ability to enforce uh the provisions of law. I yield back.
▶ 2:21:58The general lady yields back. Any further discussion on the amendment? Further discussion amendment either side hearing. No further discussion of vote occurs on the amendment. Um I've been told we have a roll call vote requested. So we will the clerk will call a roll. Mr. Lada, Mr. Griffith, Mr.
▶ 2:22:24Bill Rockus, Mr. Griffith votes no. Mr. Bill Rockus, Mr. Hudson, Mr. Carter of Georgia, Mr. Palmer. Mr. Dunn.
▶ 2:22:51Mr. Dunn votes no. Mr. Krenshaw. Mr. Joyce. Mr. Joyce votes no. Mr. Mr. Weber votes no. Mr. Allen. Mr. Allen votes no. Mr. Balderson. Mr. Mr. Balderson votes no. Mr. Fulture. Mr. Fulture votes no. Mr. Fluger. Mr. Fluger votes no. Mrs.
▶ 2:23:21Harshburgger. Mrs. Harshburgger votes no. Mrs. Miller Mrs. Kamik. Mr. Orenaldi. Mr. James.
▶ 2:23:39Mr. James votes no. Mr. Bence, Mr. Ben votes no. Mrs. Hchen, Mrs. Houchin votes no. Mr. Fry.
▶ 2:23:52Mr. Fry votes no. Miss Lee,
▶ 2:23:56Miss Lee votes no. Mr. Langworthy,
▶ 2:24:00Mr. Langworthy votes no. Mr. Kane.
▶ 2:24:05Mr. Kane votes no. Mr. Mr. Roelly votes no Mr. Evans
▶ 2:24:17Mr. Goldman Mr. Goldman votes no Mrs. Fedorek Mrs. Fedor votes no Mr. Palone
▶ 2:24:28Mr. Palone votes I Mr. Get Mr. votes I. Miss Shakowski,
▶ 2:24:38Miss Mass Masoule,
▶ 2:24:40Miss Masui votes I. Miss Caster,
▶ 2:24:44Miss Caster votes I. Mr. Tonko,
▶ 2:24:48Mr. Tonko votes I. Miss Clark.
▶ 2:24:52Miss Clark votes I. Mr. Ruiz. Mr. Peters Mrs. Dingle Mrs. Dingle votes I. Mr. Vzy Mr. Vzy votes I. Miss Kelly Miss Kelly votes I. Miss Paragon. Miss Paragon votes I. Mr. Sodto. Mr. Sodto votes I.
▶ 2:25:23Miss Shrier. Miss Shrier votes I. Miss Treyan. Miss Treyan votes I. Miss Fletcher. Miss Fletcher votes I. Miss Okasio Cortez. Miss Okassiocortez votes I. Mr. Mr. Arinclaus votes I. Mr. Carter of Louisiana. Mr. Carter of Louisiana votes I. Mr. Mendez. Mr. Mendez votes I.
▶ 2:25:54Mr. Mullen. Mr. Mullen votes I. Mr. Mr. Lansman. Mr. Lansman votes I. M. Mlen. M. Mlen votes I. Chairman Guthrie. Chairman Guthrie votes no.
▶ 2:26:12How's Mr. Rec is how is Mr. Lauder
▶ 2:26:16Uh, M. Mr. Bill Rockus is not recorded.
▶ 2:26:21Mr. Bill Rockus votes no.
▶ 2:26:25Mr. Lada is not recorded.
▶ 2:26:27Mr. Mr. L votes no.
▶ 2:26:30Votes no.
▶ 2:26:30Mr. Hudson votes no.
▶ 2:26:33Carter votes no.
▶ 2:26:34Mr. Carter votes no.
▶ 2:26:37Mr. Palmer votes no.
▶ 2:26:39Evans votes no.
▶ 2:26:40Mr. Evans votes no.
▶ 2:26:43Mr. Krenshaw votes no.
▶ 2:26:46Mrs. Kameck votes no.
▶ 2:26:48Are there any other votes?
▶ 2:26:51Go ahead. How's Mr. Peters?
▶ 2:26:55Mr. Peters is not recorded.
▶ 2:26:59Mr. Peters votes I.
▶ 2:27:02Mr. Sheep, how is Mr. Sheep recording?
▶ 2:27:06Uh, Mr. Shakowski is not recording.
▶ 2:27:09Mr. Shakowski votes I.
▶ 2:27:13Any more votes?
▶ 2:27:15All right. Clerk will report the roll Mr. Chairman, on that vote there were 23 eyes and 28 nos.
▶ 2:27:32Uh, the amendment is not agreed. Chief, are there any further amendments?
▶ 2:27:39Mr. Fluger, you're recognized.
▶ 2:27:41I have an amendment at the desk.
▶ 2:27:45Clerk will report the vote.
▶ 2:27:48Mr. Chairman, can the gentleman please specify his amendment?
▶ 2:27:50Yes. The amendment is uh the service academy amendment also known as the fluger 097 amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. Fluger
▶ 2:28:07without objection reading of the amendment is dispensed with and the gentleman is recognized for five minutes for the amendment.
▶ 2:28:12Thank you Mr. Chairman. Um, as a proud graduate of the United States Air Force Academy and also a student athlete, uh, wanted to offer this amendment to address what I think has been a missed issue in this NIL discussion, uh, as it relates to military servicemies.
▶ 2:28:31um the current yearly cost of an Air Force Academy education and and I this is similar at the Naval Academy in West Point as well um is to train cadets. That's the yearly cost um to train cadetses to become in midshipman and and uh so forth to become officers and war fighters in our nation's military.
▶ 2:29:00So specifically for the Air Force Academy since 2021 um that institution has lost 111 cadet ath student athletes to the transfer portal. So when you add that money up, that's of taxpayer money.
▶ 2:29:24And of those 111 cadetses who departed, uh the the United States Air Force Academy, um we are aware of at least 56 who enrolled in other schools as athletes at various levels, including division one, division two, and division three uh athletic programs. So because these athletes are are paid during their service academy time, they're considered employees of the federal government. So they are paid um at at the appropriate levels.
▶ 2:29:52They they qualify as federal employees and for the purposes of ethics rules um NIL is not compatible um w with that uh particular status. Um and it goes much further than that. It's not just a status. It's also a an ideology that they are there to serve their country. that's what they've signed up to do. Um, but I believe that the most appropriate approach for addressing this critical issue is to provide a reimbursement uh for transfers out of military servicemies.
▶ 2:30:21My proposed change would include a provision in section six to require the IAA to establish rules that require any member institution to reimburse the government for the full cost of the education for accepting a transfer student athlete from the United from a service academy whether that's Air Force Academy, West Point, Annapolis, so forth and so on.
▶ 2:30:41And I believe that this is not only a common sense change, but it would protect taxpayer dollars and the institutions who are actually one of the last places where being a student athlete is still held uh in that sacred uh way. So uh Mr. Chairman, I'd be happy to yield uh if there's further discussion.
▶ 2:31:00Yeah, I'd like to talk about this. I I went graduated the US Military Academy and I was not a varsity athlete. I had some really good friends who were varsity athletes, but but it's different. A matter of fact, when I was there, there was a big uh any Navy fans in here, there was a big discussion about Napoleon McCullum who broke his leg, who was I think he was run up for the Heisman Trophy. Wonderful young man at the time, but broke his leg and he got red shirted. So that was even a big issue for the the servicemies. And of course, if you're from Army, David Robinson grew over the height of the naval academy.
▶ 2:31:30They still let him play basketball. But um so so here here's the issue, and your issue is right. I know this is in the jurisdiction of Ed workforce maybe even HS but for for all of college football there was always an exemption to the servicemies because cadetses get paid you get paid back then it was half of a lieutenant of of a second lieutenant so I think it was about $12,000 a year you got paid uh and they took all the money back to cover all your expenses but you but you got paid so there had to be a special exemption
▶ 2:32:01and this is a special case because you have and so I agree with you I'm agreeing with the amendment And I think we need to do it either through N workforce or through uh has or through the floor because we have that'll be where the jurisdiction is appropriate. But if a student I remember do you don't know if they did this at Air Force Academy but the first day of your junior year. So you walk into class your junior year they slam the door and they go welcome to the army because if you leave after junior you have to pay it back or go serve and but you get your first two years. But this is different.
▶ 2:32:31is not a it's not a young man or woman deciding maybe the military career is not for me. I want to go somewhere else. It's a it's a young man or woman saying there's a financial gain opportunity for me to go. So I think it's absolutely appropriate. I would like to see that if a student chooses to leave and they don't pay it back, they have to sit out a year because if if I had been a good athlete and I left after my sophomore year, I'd have to sit out a year then go play anyway. So I know you're leaving that to the to the other group to do, but I think that they to the group. So I agree with this.
▶ 2:33:01I think the appropriate is between here and the floor. I would absolutely like to see this in the final bill. Uh you know you can't the difference too is for the servicemies you can't transfer in,
▶ 2:33:12I mean you can you can transfer in as a junior but you got to go be a plebot and it's or a freshman and start over. So it's a unique situation. It's people young men and women going for money. That's what the the process is that we're talking about. And I think the school that accepts them should pay back their education. some at least some portion of it if not a good bit of their
▶ 2:33:32Well, thank you. And you're right, they can't uh we don't in the servicemies accept transfers in. They do that, but you start at the bottom. You start at the top four years. Yeah.
▶ 2:33:42So, I I'll withdraw this uh amendment because I know that's uh
▶ 2:33:45I see Mr. James has his mic. Are you want to say something on this or you
▶ 2:33:49Mr. Chairman, if I may? Um
▶ 2:33:51Well, his his time, so gentleman will yield. Oh, we're over time. So, let me let me yield back and we'll give you time. The gentleman yields back. Is anybody on the Democrats? Mr. Trey,
▶ 2:34:01the gentle lady from Massachusetts is recognized for five minutes.
▶ 2:34:03Thank you, Mr. Chairman. I'm not going to use the five minutes, so I'm happy to happy to yield. My question is just who pays? Is it clear in the amendment if it's is this something um uh if an athlete chooses to transfer? Is it the, you know, the the university on the other end who pays back the federal
▶ 2:34:20That's the idea is that the university would pay. And I mean, in the last four years, it's $28 million just to the Air Force Academy. I'm sure that is more at West Point Annapolis as well.
▶ 2:34:30Thank you. I appreciate it.
▶ 2:34:33I yield to the gentleman from Michigan.
▶ 2:34:36Thank you, madam. Um, very quickly, um, I graduated from West Point in 2004, and my class was the first class to take what the chairman referred to the oath of affirmation. The oath of affirmation is conducted in the first day of their junior year. And it's when cadetses in this particular case, midshipman as well, um take the oath that they are going to be serving as officers in the United States military.
▶ 2:35:00But prior to that, there are elements out there who are using servicemies as junior colleges inappropriately, which is not only stealing opportunities um to serve from people who may have gone there initially, but it's also depleting the ranks of the United States military. There is a national security component of this as well and acting in poor faith for folks who may be praying on uh on our student athletes.
▶ 2:35:26Now, of course, there it cannot be overstated that the leaders, the officers of a free country must serve in an all volunteer force. What this amendment does does not compel any action, but it does u certainly um weed through those uh uh those who may take advantage of the American taxpayer who may take advantage of student athletes who are cadets in midshipment and um and and make sure that they're added layers of protection and seriousness to
▶ 2:35:56also protect the taxpayer and our national security. Uh I am in very strong support of uh my friend Mr. Fluger's amendment and I urge all my colleagues to support it. Thank you.
▶ 2:36:08Thanks. And gentle lady from Massachusetts has the time. You yield to the gentleman from Florida.
▶ 2:36:12I yield back.
▶ 2:36:13Gentleman from Florida. You yield the gentleman from Florida. You
▶ 2:36:16yelled to the gentleman from Florida.
▶ 2:36:19I just want to go on record and saying I think this is a good amendment and that we want to have a a volunteer force. We want to we all have our service academy uh efforts and we know how much that each of us of the American taxpayers invest in these institutions. So this would be one that you might get bipartisan support for if you choose to bring back at some point.
▶ 2:36:42Thank you. Thank you for that gentle
▶ 2:36:43And I yield back to the gentle lady from
▶ 2:36:46Thank you. Um I guess the the thing that I just want clarity on and I look I think this is worth us uh sort of keeping the conversation going. The House settlement requires that schools who pay buyouts count against their revenue share cap for the next year. So would love to get clarity over whether that would also apply in this case where the school has to pay back the federal government. Um otherwise it, you know, there's just a flag here as long as we're going back and forth openly.
▶ 2:37:14It could limits athletes ability to leave the academy uh whether it's for an athletic opportunity uh or simply because the experience wasn't for them. So, we'd just love to get clarity on that language.
▶ 2:37:27If you'll yield for
▶ 2:37:27I'll yield to you.
▶ 2:37:28Yeah, it it's a great question and and I think um knowing that there's another committee that has jurisdiction over what we think this amendment would go to. Let's keep that conversation going because we you know this is not punitive, but it's it's to incentivize correctly. Um, the dollar amount of 28 million is one thing, but the real loss is the fact that you cannot replace that that that leaves their junior year for another five to six years now.
▶ 2:37:57So, we we have to appropriately incentivize it. Great question. I appreciate that. Yield
▶ 2:38:02Yeah. So, thank you. So, y
▶ 2:38:05I yel back.
▶ 2:38:05The gentle lady yields back. Is there any further discussion on the Well, the gentleman's withdrawing the amendment. So, gentleman withdraws the amendment. Are there any further amendments to the
▶ 2:38:19Mr. Mullen,
▶ 2:38:23Mr. Mullen, you have a seek recognition for an amendment. Gentleman report his amendment or
▶ 2:38:32Thank you, Mr. Chair. Uh, I have an amendment at the desk labeled MOCA_027. The clerk will report. amendments without
▶ 2:38:42objection read the amendment is dispensed with and a gentleman uh from California is recognized for five minutes in support of the amendment.
▶ 2:38:49Thank you, Mr. Chair. First, I want to thank you for including part of my and Mr. VC's amendment from the subcommittee markup on the bill. That part will direct the FTC to study uh independent certification and oversight of agents. Like I said last week, if professional sports already recognize the importance of independent oversight, it is only logical that we examine how a similar structure could work in college sports.
▶ 2:39:14While that study is a step in the right direction, the score act still does not go far enough in protecting college athletes from predatory agents. I withdrew my amendment during the subcommittee markup because I was promised that the majority wanted to work in good faith on strengthening language around agents in the bill. And while I appreciate your staff meeting with my office after the subcommittee markup, my office has not received further communication after that initial meeting with Mr.
▶ 2:39:44VC as a co-lead. Again, we are reoffering that portion of the original amendment that would codify a fiduciary duty for agents representing college athletes to act in their clients best interests. The current status quo where predatory agents can exploit teenagers and young adults, especially as they earn significant amounts of money for probably the first time in their lives cannot continue. I want to highlight a specific story I was made aware of which unfortunately uh is just one of many cases of a college athlete being taken advantage of.
▶ 2:40:14a high school uh coach in Texas was suspended from his coaching position due to a physical altercation with another coach and decided his next career step would be to become an NIL agent. As a well-known figure in the community, he used his position to take advantage of athletes and their families. He promised them large monetary contracts. These families trusted him to the point that some granted him guardianship rights. This agent moved 11 athletes across state lines to live in a trailer together.
▶ 2:40:43These students were apparently living in horrendous conditions. After one of the athletes moved back to Texas, this agent harassed him over text messages. The majority wants to create a national framework to govern NIL. So that framework should include federal language codifying agents fiduciary duty to their clients. College athletes are relying on us to put their well-being first. I urge adoption of this amendment. I thank Mr.
▶ 2:41:11for VC for his continued partnership on it as well as Miss Dingle for her interest and leadership on this issue. And with that, I yield back.
▶ 2:41:19Will the gentleman yield to me before he yields back?
▶ 2:41:23Um I just wanted to say that um this amendment addresses a real issue facing college athletes and some athletes who are even younger. The issue of these sleazy agents talking young clients into contracts that are not in the client's best interest is unfortunately not is unfortunately common. And my colleagues across the aisle on the Republican side say they want strong they want one strong federal standard.
▶ 2:41:48So let's have one strong federal standard to protect athletes from agents acting in bad faith. This amendment provides a common sense solution. It requires that agents nationwide act in the best interest of the athlete. I don't think that's much to ask and so I would also urge support for uh the amendment. Yield back to the gentleman from California
▶ 2:42:10and I yield back.
▶ 2:42:10Gentleman yields back. Uh is there any discussion on the amendment? Gentleman from South Carolina is recognized for five minutes to speak on the amendment.
▶ 2:42:16Thank you, Mr. Chairman. I move to strike the last word.
▶ 2:42:18Gentleman's recognized.
▶ 2:42:19Thank you. Uh look, I oppose this amendment. Obviously, the the amendment would impose a new federallymandated fiduciary duty on sports agents that is duplicative of existing law. The ANS already contains robust protections for student athletes from from unscrupulous agents in including placing restrictions on charging excessive fees, ensuring contracts clear with include clear termination clauses, and setting agent registration processes and qualifications.
▶ 2:42:49In fact, it also includes an FTC study that the gentleman from California proposed in the subcommittee markup. Moreover, the amendment is duplicative of existing law. State common law already requires that agents have fiduciary duties such as loyalty and care. The ANS explicitly preserves the ability for student athlete to access state courts for agency related common law claims. Including a federal mandate uh would muddy the waters and simply create confusion amongst college athletes.
▶ 2:43:18I urge my colleagues to vote no and I yield the balance of my time.
▶ 2:43:22Gentleman yields back. Further Seeing none, there's no further discussion. A roll call has been requested by the gentleman from New Jersey. Uh the the clerk will call the role. Mr. Lada. Mr. Griffith. Mr. Griffith votes no. Mr. Mr. Billis Mr. Billis votes no Mr. Hudson
▶ 2:43:51Mr. Hudson votes no Mr. Carter of Mr. Palmer
▶ 2:44:00Mr. Carter of Georgia votes no Mr. Mr. Dunn
▶ 2:44:07Mr. Dunn votes no Mr. Krenshaw
▶ 2:44:12Mr. Krenshaw votes no Mr. Joyce Mr. Weber Mr. Weber votes no Mr. Allen Mr. Allen votes no Mr. Balderson Mr. Balderson votes no Mr. Fulier Mr. Fluger Mrs. Harshburgger Mrs. Harshburgger votes no Mrs. Mrs.
▶ 2:44:41Miller Meeks, Mrs. Kamik, Mr. Obernolulti, Mr. James, Mr. James votes no. Mr. Benz, Mr. Ben votes no. Mrs. Houchen, Mrs. Hchin votes no. Mr. Fry,
▶ 2:45:06Mr. Fry votes no. Miss Lee,
▶ 2:45:10Miss Lee votes no. Mr. Langworthy,
▶ 2:45:14Mr. Langworthy votes no.
▶ 2:45:17Mr. Kane.
▶ 2:45:18Mr. Kane votes no. Mr. Roelly,
▶ 2:45:23Mr. Roelly votes no. Mr. Evans,
▶ 2:45:27Mr. Evans votes no. Mr. Goldman.
▶ 2:45:31Mr. Goldman votes no. Mrs. Fedorek,
▶ 2:45:35Mrs. Fedor votes no. Mr. Palone
▶ 2:45:40Mr. Palone votes I.
▶ 2:45:42Mr. Gette.
▶ 2:45:44Mr. Gette votes I.
▶ 2:45:46Miss Shakowski
▶ 2:45:48Miss Shakowski votes I. Miss Matsui
▶ 2:45:52Miss Matsui votes I. Miss Caster.
▶ 2:45:56Miss Caster votes I. Mr. Tonko.
▶ 2:46:00Mr. Tonko votes I. Miss Clark, Mr. Ruiz, Mr. Peters, Mr. Peters votes I. Mrs. Dingle, Mrs. Dingle votes I. Mr. Vzy, Mr. Vy votes I. Miss Kelly. Miss Bagon.
▶ 2:46:31Miss Bagon votes I. Mr. Sodto Mr. Sodto votes I. Miss Shrier. Miss Shrier votes I. Miss Trean. Miss Treyan votes I. Miss. Fletcher. Miss. Fletcher votes I. Miss. Miss. Okasiocortez votes I. Mr. Mr. Aenclaus votes I. Mr.
▶ 2:46:58Carter of Mr. Carter of Louisiana votes I. Mr. Mr. Mendez votes I. Mr. Mullen. Mr. Mullen votes I. Mr. Lansman. Mr. Lansman votes I. Miss. Mcclullen. Miss. McCullen votes I. Chairman Chairman Guthrie votes no.
▶ 2:47:25Mr. Lad is not recorded. Mr. La votes Mr. Joyce votes no.
▶ 2:47:38Mr. Palmer votes no.
▶ 2:47:44Mr. Fulture is not recorded. Mr. Fulture votes no. Mr. Chairman, on that vote there were 21 eyes and 26 nos.
▶ 2:48:13The amendment is not agreed to. Are there further amendments? Mr. Palmer, what would you seek recognition?
▶ 2:48:22Mr. Mr. Chairman, I have an amendment at the desk.
▶ 2:48:25Clerk will report. Mr. Chairman, could the gentleman please specify his It's um um palmail_026_xml amendment to the amendment in the nature of a substitute to HR 4312 off
▶ 2:48:55without objection reading the amendment is dispensed with and the gentleman from Alabama is recognized for five minutes in support of the amendment.
▶ 2:49:01Thank you, Mr. Chairman. As a former college athlete, um I have a great appreciation for the opportunity that uh colleges and universities present to people like me who in my case grew up dirt poor to be able to participate in a college athletic program. Uh I was a walk-on player at the University of Alabama on the football team.
▶ 2:49:24And uh one of the things that that I understood uh as a non-scolarship player in particular but uh playing with many other uh athletes is that 98% of us were were going to be professional in something other than college sports or other sports that um the pursuit of a of a degree was of paramount importance. I'm the first person on either side of my immediate family to go to college.
▶ 2:49:53And so, uh, one of the things that that has concerned me about, um, the what's going on in college athletics in the last few years with the NIL and and the collectives is that so many college athletes are are getting paid substantial amounts of money while they're in college, but many of them going to leave the universities or the colleges that they attend without a degree. So, what Mr. Mr.
▶ 2:50:17Chairman, this amendment would do is it would require um student athletes to to be making academic progress towards graduating with an undergraduate degree from the institution within five years. Uh as uh I think you know that most eligibility is limited to five years. Four years of eligibility with a potential red year or six year could be achieved through a medical red shirt.
▶ 2:50:45But uh um in most cases, particularly at the University of Alabama, the objective was to try to get athletes graduated within three years so that when they left the university, if they didn't go pro, they they had a degree to build their future around. So this amendment would require, as I said, academic progress toward an undergraduate degree from the institution within five years in order to remain eligible for NIL.
▶ 2:51:10And then in the case of transfers from one academic institution to another uh if uh they need to have transferable credits that would keep them on path toward an undergraduate degree within five years. So I submit this amendment uh today Mr. Chairman and but also withdraw it.
▶ 2:51:28Will you yield?
▶ 2:51:29I yield. So, we had a discussion last night on this and and I hopefully everybody in this room agrees with this or at least the details we could talk about, but the idea of this amendment and it's just in the jurisdiction of of education and workforce.
▶ 2:51:43But uh when groups were coming, which is also in the jurisdiction of education workforce, talking about whether you define players as employees or not, I said I don't want to exempt players from being employees unless we ensure they're defined as a student because the worst what what we I don't want to do is like, okay, you're exempted from employee because you're students. And then I have one young man who went to Auburn, LSU, Texas State, Western Kentucky University, all within about two years.
▶ 2:52:11and I'm not sure who he is now, but he's not at Western Kentucky University. So, it doesn't help them. It doesn't help them. And that person's probably not going to play pro football since he's moved around that way. And we we we need to have protections for our young men and women. And so, I'm I'm for your amendment and hopefully will come to the floor. That's going to happen in Eden Workforce. I don't know if you talked to some members there or it will be in there when we go some version of that when we go to the floor. I think the lady for Do you want his him to yield to you? You want your own time? I think I could do it in the time.
▶ 2:52:41Will you yield to the lady from
▶ 2:52:43I will. Thank you.
▶ 2:52:44As a former as a former athlete.
▶ 2:52:48I appreciate that. Uh and look, I think we all want the same thing, right? I wouldn't have been able to go and get a college degree if not for the scholarship that I was given. And so, you're right. I would actually put the percentage closer to 99% of us will go and pursue uh professions other than professional sports.
▶ 2:53:07But I just want to make sure as we're having this conversation, I mean, look, the the NCAA, the conferences haven't made it easier on college athletes, right? With conference realignment, we've got some athletes who are going from California to New Jersey. That actually takes away from their class time.
▶ 2:53:26And so let's not put another burden on the college athlete to have to do, you know, so much already to keep their grades and to get uh to stay on that track uh to graduate when right now the ecosystem is making it harder uh for them to achieve that. So I'd like to just continue that conversation so that universities have skin in that game. I agree and that's why I make it five years because I think they they can get an academic load.
▶ 2:53:57Used to we had to have so many hours each semester to be eligible. I don't think you have to do that. You just have to be making progress toward a degree within five years. And I absolutely agree with the gentle lady from Massachusetts that we shouldn't be having athletes flying from California to mass to the east coast or east coast to to the west coast for games. and but that's something that it's not within our our our sphere of influence here but I agree with you and I yield back Mr. Chairman,
▶ 2:54:26thank you. The my good friend the ranking member said, "Why wouldn't anybody want to fly to New Jersey?" I don't know. But anyway, so so you withdraw. Is there any further discussion with that and you withdraw your amendment? So the amendment is withdrawn. Uh are there anyone else seeking recognition? The gentle lady from Florida. For our purpose, you seek
▶ 2:54:43I have an amendment at the desk. It's
▶ 2:54:46The clerk will report. amendments of the amendment without
▶ 2:54:55objection reading the amendment is dispensed with and the gentle lady is recognized for five minutes in support of the amendment.
▶ 2:55:00Thank you Mr. Chairman just
▶ 2:55:01speaker or Mr. just to gentlemen gentle
▶ 2:55:04reserves point of order.
▶ 2:55:05Gentleman from Virginia reserves a point of order.
▶ 2:55:07Just to continue the conversation, I do appreciate the the sentiment behind uh Representative Palmer's amendment uh because we do need to make sure that we are keeping these student athletes at the center of everything that we do. And I think anything we can do to encourage uh their academic success, their move towards completion of degree is very important. So I hope we can all consider uh continue those discussions as we move along.
▶ 2:55:38My amendment uh says it would require the institutions to provide financial aid to college athletes equivalent to the same uh percentage of cost of attendance provided while they were college athlete as part of the degree completion program. That that just means that we understand that the cost of attending college is very high right now.
▶ 2:56:01Uh, I appreciate that the score act in uh has included some requirements for institutions to serve student athletes through financial literacy, career counseling, and degree completion. But we can do more to incentivize their completion of the that degree uh walking across the graduation stage.
▶ 2:56:23So, I want I want to make sure that we give our student athletes every opportunity to attend classes and graduate from college. Uh, Chair Billis agreed that this was a goal during the subcommittee markup. Uh, so my amendment will help incentivize completion of the degree recognizing the rising cost of attending college.
▶ 2:56:45It it would ensure that former uh student athletes who return to get their degree are able to get the same percentage as their scholarships when they were attending college. But based upon today's cost of attending college, a student athlete in the early 2000s or even uh 2010 received a much lower dollar amount in aid than a student today because the cost of attending school has is just out of sight.
▶ 2:57:13So I want to uh make sure that as we're moving the discussion forward on requirements for students to complete degrees, we also have certain incentives for the institutions uh to help them complete their education, graduate and get on that pathway to success in life. So I'll res withdraw my amendment today, but hope we can work on this in a bipartisan manner going forward.
▶ 2:57:37Thank you. If you'll yield, I I agree with you. will work together because I think we want to make sure our these young men and women are progressing getting a college degree for playing college athletics or at least working to that goal. So, thank you till you withdraw the amendment and we will work together for sure.
▶ 2:57:52Uh the gentle lady withdraws her amendment. Is there anyone seeking
▶ 2:57:58Who's who's I guess we need to go in
▶ 2:58:01Who's next?
▶ 2:58:03Who where we're on amendment. So, Miss Matsui. All right. The gentle lady from California want to seek recognition.
▶ 2:58:12Thank you very much, Mr. Chairman. Um, I have an amendment at the desk.
▶ 2:58:16The clerk report. You got you name your
▶ 2:58:19Yes, it is uh Massui 031.
▶ 2:58:24The clerk will report.
▶ 2:58:26Massie 31. Amendment to the amendment in the nature of a substitute to HR4312.
▶ 2:58:30Without objection, reading amendment is dispensed with and the gentle lady is recognized for 5 minutes in support of her amendment.
▶ 2:58:35Okay. Thank you very much. You know, as we've heard repeatedly today, this bill simply is not ready. It fails to protect student athletes. It strips away legal recourse needed for the antitrust cases that brought us here. It preempts state laws designed to offer fairness and accountability, and it punts on setting any meaningful guard rails for how institutions can participate in the My amendment addresses one of the problematic sections in this bill.
▶ 2:59:06This bill gives complete power to interstate intercolgic organizations to decide their membership. That's the NCAA athletic conferences and championship competitions. It also gives the same organizations total legal immunity against any challenges to that power. Let me be clear. Full authority to decide membership without any guidelines endangers the future of college sports.
▶ 2:59:36It locks in the current power structure and denies athletic opportunity and economic growth no institutions to institutions outside of it. In my district, Sacramento State has worked hard to build a competitive program, but under this bill, they could be permanently locked out of major conferences. Not because they don't have the talent or the infrastructure, but because they weren't already at the table.
▶ 3:00:04That's now how competition should work. Competition only thrives when there are clear, enforcable rules and when everyone has a fair shot. Already, the landscape of college athletes is chaotic. Schools are shifting conferences overnight based on media media deals, not competitive fit or geographic cohesion.
▶ 3:00:29Power has been consolidated in the hands of a few conferences and governing bodies with little to no oversight. If we allow this to continue, we are enabling a system that is self-interested, opaque, and increasingly That's not what college sports should be. Let's not forget membership in interstate collegiate organizations bring real dollars.
▶ 3:00:56It means national exposure, marquee matchups, more resources for student athletes, and economic growth for entire regions. Denying schools access to that system isn't just unfair, it's economically damaging, especially to public institutions that have invested in doing things the right way. It's irresponsible for Congress to hand the keys over to the NCAA and walk away.
▶ 3:01:25We should at a minimum demand transparency and set clear standards and guarantee institutions a fair process and the right to appeal. This bill, as written, fails to meet the moment. It places too much power in an undefined system with a long history of overreach and exclusion. It punishes the institutions that are not part part of the current power structure.
▶ 3:01:53I was pleased to see the inclusion of a governance structure in the AIS. I think that's a good start. However, we still have work to do toward restoring balance, protecting opportunity, and preserving what makes college sports great open competition. Mr. Chairman, I hope we can continue to work on this issue before the floor. And with and with that, I withdraw my amendment and yield back my time.
▶ 3:02:20The amendment has been withdrawn. Does anyone seek purpose of rec what anyone seek recognition or an amendment?
▶ 3:02:31What purpose? Gentleman from New York seek recognition.
▶ 3:02:35Mr. Chair, I have an amendment at the desk. Uh it's uh labeled taco_23_xml.
▶ 3:02:45The clerk report amendment to the amendment in the nature
▶ 3:02:51without objection. The reading the amendment is dispensed with and the gentleman is recognized for five minutes
▶ 3:02:55Mr. Chair. Before I introduce my amendment, I'd like in order to seek a uh um person an order of personal privilege, please.
▶ 3:03:04Sure. Absolutely. The gentleman's
▶ 3:03:06Um I think it's easily understood that we rely on those co-workers within our office to do the amount of work that's required of us and in a particular way those who develop legislation that we're authoring. Um, I'm proud to say that for many years, Darien Harbeck has been a part of our legislative team. Um, she's been part of putting together a lot of important bills, including the horse racing integrity act
▶ 3:03:31that came before this committee and the safe bet act that deals with mobile sports gambling.
▶ 3:03:37The amendments,
▶ 3:03:38Darian is going to step on to new endeavors and travels to Japan. And I just do want to thank her for the outstanding work she's done, her professionalism, and her passion to pour herself into public service. And uh Darian, I wish you well as you go
▶ 3:04:02So with the amendment, I seek to offer an amendment rooted in the simple principle that brought us here today, protecting the integrity and well-being of collegiate athletes. This amendment speaks to one of the fastest growing and least regulated public health threats in America. The rise of online sports betting and is inspired by my safe bet act. Right now, young athletes are being harassed, threatened, abused, and targeted by angry gamblers who lose proposition bets.
▶ 3:04:28Their mistake, missing a free throw, dropping a pass, sending out a quarter because they were injured. Last fall, I sat down with young people, men and women from my district at Sienna College, athletes, who discussed the toll these kinds of wages are taking on their lives. One player told me he'd been approached on campus at night by a stranger angry that he cost him a bet.
▶ 3:04:50Another shared how his social media gets flooded with messages demanding he score a certain number of points to quote cover the line. Anonymous gamblers are betting from the comfort of their homes or the bar on whether a student gets a double double or how many fouls they'll commit and then harassing them when their parlay collapses. That is not sport. That is exploitation. The addictive and destructive nature of gambling turns college athletes into targets. Expensive targets.
▶ 3:05:20Targets that don't have the luxury of being protected like professionals. They juggle classes, exams, part-time work, mental health pressures, and now constant abuse just for playing the sport they love. My amendment says enough. We will not allow gambling companies to be yet another entity turning college athletes into props for profit. They will not wait until tragedy strikes to finally act. I want to be very clear.
▶ 3:05:45This amendment does not ban sports betting, but it does draw the line where it must be drawn because proposition bets involving college players have zero social value and very high human costs. 15 states have already recognized this and it's time the federal government does also. I urge my colleagues on both sides of the aisle to do what is right, not what is easy, and begin to address the harm that the sports betting ecosystem is wreaking on our communities. Thank you. Then I yield back, Mr. Chair.
▶ 3:06:16Gentleman yields back. Um I'll recognize myself for five minutes on the particular amendment. I I move to strike the last word. I oppose this amendment even though I it's offered by my good friend uh from New York. We've worked on some great legislation together and we will continue to. Uh but the amendment would impose a nationwide ban on proposition sports betting for all college sports.
▶ 3:06:45The bill before us today is focused on student athletes in the NIL marketplace. This is not the place to reopen a debate on sports betting. In 2018, the Supreme Court in Murphy versus NCAA held that the Professional and Amateur Sports Protection Act, which prohibited states from allowing sports betting, violated the Constitution.
▶ 3:07:10This amendment attempts to achieve the same outcome, thus putting the legality of the Score Act at risk, and we can't have that. Well, there may be time and place to debate the sports betting marketplace, and I'd be happy to do that uh in in the future and whether changes are needed in federal law. In this case, I urge my colleagues to reject the amendment today, and I yield back the balance of my time.
▶ 3:07:37Uh on on the Democrat side, they'd like to speak on Yes, you're recognized. Mr. Visa, you're recognized.
▶ 3:07:44Mr. Chair, I want to move to start glass work. You're recognized.
▶ 3:07:47Oh, thank you. Um, uh, this amendment, uh, is about academic advising for student athletes in the transfer portal. What it would do is it makes it a requirement for schools to which a student athlete is transferring or considering transferring to provide a notice of the students previously earned academic credits that the new school will accept. Uh, this year,
▶ 3:08:11would the gentleman yield? I'm sorry. We're still on the previous amendment. Uh I know your amendment is coming off.
▶ 3:08:18So I apologize, but uh we're on a previous amendment uh by Mr. Tomco. All right. At least we know what to expect now, right? Yeah.
▶ 3:08:27Okay. Anyone on the Democrat side wish to to speak on the amendment, the Republican side?
▶ 3:08:38Okay. Um no one else. Mr. Tomco, would you like to vote on the
▶ 3:08:57I'd like a vote on the amendment.
▶ 3:09:01Would you like a recorded vote, sir?
▶ 3:09:04Okay. Very good. So, the clerk will call the role on this particular amendment.
▶ 3:09:10Mr. Lada. Mr. Mr. Lada votes no. Mr. Griffith, Mr. Berakis, Mr. Barakis votes no. Mr. Hudson, Mr. Hudson votes no. Mr. Carter of Mr. Carter of Georgia votes no. Mr. Mr.
▶ 3:09:38Dunn, Mr. Krenshaw, Mr. Joyce, Mr. Weber,
▶ 3:09:53Mr. Weber votes no. Mr. Allen
▶ 3:09:56Mr. Allen votes no. Mr. Balderson Mr. Balderson votes no. Mr. Fulture Mr. Fulture votes no. Mr. for Fluger. Mrs. Harshburgger Mrs. Harshburgger votes no. Mrs. Miller Meeks Mrs. Miller Meeks votes no. Mrs. Mrs. Kamik votes no. Mr.
▶ 3:10:27Obernolulti Mr. James Mr. Benz Mr. Mr. Benz votes no. Mrs. Hchin Mrs. Houchin votes no. Mr. Fry
▶ 3:10:48Mr. Fry votes no. Miss Lee Miss Lee votes no. Mr. Langworthy
▶ 3:10:57Mr. Langworthy votes no. Mr. Kain
▶ 3:11:01Mr. Kane votes no. Mr. Mr. Roelly votes no Mr. Evans
▶ 3:11:10Mr. Evans votes no Mr. Goldman
▶ 3:11:14Mr. Goldman votes no Mrs. Fedor
▶ 3:11:18Mrs. Fedor votes no Mr. Palone
▶ 3:11:23Mr. Palone votes I miss
▶ 3:11:28votes I Mr.
▶ 3:11:31Mr. Shakowski votes I. Miss Matsui
▶ 3:11:36Miss Matsui votes I. Miss Caster.
▶ 3:11:42Mr. Tonko.
▶ 3:11:44Mr. Tonko votes I. Miss. Clark. Mr. Ruiz. Mr. Peters. Mr. Peters votes I. Mrs. Dingle. Mrs. Dingle votes I. Mr. Vzy Mr. Vzy votes I. Miss Kelly Miss Bagon Miss Baragon votes I.
▶ 3:12:15Mr. Sodto Mr. Sodto votes I. Miss Shrier. Miss Shrier votes I. Miss Trey. Mr. Trean votes I. Miss Fletcher. Miss Fletcher votes I. Miss Okasio Masiocortez votes I. Mr. Oenclaus. Mr. Oenclaus votes I. Mr. Carter of Mr.
▶ 3:12:44Carter of Louisiana votes I. Mr. Mr. Mendez votes I. Mr. Mullen. Mr. Mullen. Votes I. Mr. Lansman. Mr. Lansman votes I. Miss McClullen Miss McClullen votes I. Chairman Chairman Guthrie votes no.
▶ 3:13:07How is Dunn recorded?
▶ 3:13:09Mr. Dunn is not recorded.
▶ 3:13:12Mr. Dunn votes no.
▶ 3:13:16Mr. Griffith votes no.
▶ 3:13:18Mr. Palmer, how's he recorded?
▶ 3:13:20Mr. Palmer is not recorded.
▶ 3:13:24Mr. Palmer votes no.
▶ 3:13:27Mr. Frenchaw votes no.
▶ 3:13:30Mr. Fluger
▶ 3:13:32Mr. Joyce votes no.
▶ 3:13:35Mr. Fluger votes no.
▶ 3:13:39Mr. James is not recorded.
▶ 3:13:41Mr. James votes no.
▶ 3:13:48Are you guys okay? Mr. Chairman, on that vote there were 20 eyes and 29 nos.
▶ 3:14:05The amendment is not agreed to.
▶ 3:14:08Are there further amendments? Yes, Miss Baragon, you're recognized.
▶ 3:14:16Thank you, Mr. Chair. I have an amendment at the desk titled
▶ 3:14:20The the clerk will report the amendment. uh argon_035 amendment to the nature amendment to the amendment in the nature of a substitute to HR 4312 over by Miggon of California page 23 after line 12 in
▶ 3:14:38without objection the reading of the amendment is dispensed with Mr. Chairman
▶ 3:14:41the gentle lady is required I reserve a point of order.
▶ 3:14:45Yeah, the gentleman reserves a point of
▶ 3:14:47Uh so again, without objection, the reading of the amendment is dispensed with and the gentle lady is recognized five minutes in support of her
▶ 3:14:55Thank you, Mr. Chairman. I am offering this amendment, which I intend to withdraw with the hope that I could get your support to work on this issue on future legislation. This amendment simply asks schools to include a few more pieces of information in the NIL data. They already report the gender, race, and ethnicity of the student athletes receiving compensation. They're already collecting the financial details of NIL deals.
▶ 3:15:24This just ensures that we can see whether those opportunities are being shared fairly across men and women and across different communities. This simple transparency measure reflects a recommendation from the Democratic Women's Caucus. It would shine a light on who is benefiting from NIL and school-driven payments and who is being left out. It's about ensuring equity, accountability, and opportunity in a rapidly evolving college sports landscape.
▶ 3:15:53Unfortunately, the SCORE Act was rushed through this committee's legislative process without the bipartisan collaboration despite equity concerns from the Democratic members and the stakeholders like Team USA's Athletes Commission and the National College Players Association. Now, the score act ignores the growth of women's sports in the college athletics industry. Women athletes train and practice just as hard as male athletes.
▶ 3:16:21The growth of women's basketball and softball leagues across the country are just an example of how popular women's sports have become. Colleges with large athletic departments and significant resources must ensure transparency and equity in their athletic programs. In a few years, the 2028 Olympic and Parolympic Games will be in Los Angeles, California. Nearly 70% of Team USA athletes come through college sports, including many from programs that don't generate much revenue.
▶ 3:16:50These athletes may not always fit college stadiums, but they fill podiums. If Congress allows NIL systems to develop without transparency, we risk creating a playing field that disadvantages the very athletes who power Team USA. Without clear public data on who's benefiting from NIL, inequities in college sports will grow in the dark. Mr. chairman and colleagues across the aisle.
▶ 3:17:14I'm disappointed that we could not engage on this important topic prior to markup and I encourage you to work with me in advancing fairness in every sport for everyone. Now, I'd like to yield time to Representative Tran. I thank the gentle lady for yielding and for offering this timely amendment to the score act. As currently written, this legislation does little if anything to expand opportunities for women athletes who for too long have been an afterthought in college athletics.
▶ 3:17:43Despite the surge in popularity of women's sports in recent years, they remain underfunded by their institutions, underdistributed to the public, and undermonetized in the broader media ecosystem. That inequity is part of a vicious cycle and unless we act, it will only get worse as schools begin distributing direct payments to athletes in the coming months.
▶ 3:18:06As we speak, schools planning to pay athletes close to the proposed revenue sharing cap of 20.5 million will overwhelmingly direct those dollars to football and men's basketball players. just as we saw in the backay model laid out in the house settlement where upwards of 90% of compensation went to those two sports. Now, no one is disputing that football and men's basketball have long driven revenue in college sports. That's a fact.
▶ 3:18:33But the skyrocketing interest in women's sports tells us something equally important. As the visibility, viewership, and value of women's sports continues to grow, so too should their share of the pie. This amendment doesn't mandate new spending or hand out unearned benefits. It simply requires transparency that schools publish anonymized data on how they distribute direct payments broken down by gender and by sport. That's it. Transparency.
▶ 3:19:02Now is a great time to support women athletes and the future of women's sports. And I yield back to Congresswoman Baragan.
▶ 3:19:10Thank you. With that, Mr. Chairman, I would withdraw my amendment.
▶ 3:19:14Gentle lady withdraws the amendment. Are there further amendments?
▶ 3:19:20Mr. Carter.
▶ 3:19:21Mr. Carter.
▶ 3:19:22Mr. Carter, you're recognized to describe your amendment.
▶ 3:19:26Thank you, Mr. Chairman. Mr. Chairman, I have an amendment at the desk. Cart
▶ 3:19:31The clerk will report
▶ 3:19:34Cart LA_027. Amendment to the amendment in the nature of a substitute to HR 4312.
▶ 3:19:40Offered by Mr. Carter of Louisiana. Without objection, the reading of the amendment is dispensed with and the gentleman is recognized for five minutes in support.
▶ 3:19:48Mr. Chairman,
▶ 3:19:48the amendment. Yes,
▶ 3:19:50Mr. Chairman.
▶ 3:19:51I can reserve a point of order, please.
▶ 3:19:53The gentleman reserves a portal order. Thank you.
▶ 3:19:56You're recognized.
▶ 3:19:57Mr. Chairman, Interstate Collegiate Athletic Associations hold immense power over disclosure of NIL terms, prohibited compensation, penalties, dispute resolution, recruiting, transferring, revenue pooling, and more. And while the bill wisely includes a floor for student athlete representation on these boards, it sets that floor far too low, just 20%. My amendment raises the floor to 50%.
▶ 3:20:25Because student athletes deserve equal say in the room where their crucial decisions are being made. This bill is asking student athletes to give up significant rights. It effectively shields major conferences from antitrust scrutiny, thereby limiting athletes ability to challenge unfair practices. It does not create a right to collective bargaining if we are asking athletes to forfeit those avenues. The least we can do is make them true partners in governing the system.
▶ 3:20:55College athletics is a multi-billion dollar industry and student athletes are at its core. They're not just stakeholders. They're the product and labor. A 50% share of government boards ensure athletes have a real voice, not just a symbolic seat. Anything less than anything less risk returning us to the days when student athletes were talked about but never represented.
▶ 3:21:20If I can get a commitment from the chair to keep working on this issue with me, I'll withdraw my Oh yes, definitely. Uh the gentleman wishes to withdraw, but I I will before he does that. And I'm sorry I was distracted uh by the ranking member Uh I will work with you on this and it's something we can uh take a look at.
▶ 3:21:49So yes, I am willing to work with
▶ 3:21:52Thank you, Mr. Chairman. I'd like to withdraw my amendment based on your commitment to work with me going
▶ 3:21:56All right. Gentleman withdraws the amendment. Appreciate it. Any further amendments?
▶ 3:22:02Mr. One more.
▶ 3:22:03Mr. Carter, you're recognized for your next amendment.
▶ 3:22:06Carter LA_030.
▶ 3:22:14Yes. Uh, the clerk will report the
▶ 3:22:17Cart la_030. Amendment to the amendment in the nature of a substitute to HR4312 offered by Mr. Carter of Louisiana. Without objection, the read the amendment is dispensed with and the gentleman is recognized.
▶ 3:22:30Mr. Chairman.
▶ 3:22:31Yes. Yes.
▶ 3:22:31Can I reserve a point of order, please?
▶ 3:22:33The gentleman reserves a point of order.
▶ 3:22:34Thank you, Mr. Chairman.
▶ 3:22:35Again, without adjust, the reading of the amendment is dispensed with and the gentleman is recognized for five minutes in support of his amendment.
▶ 3:22:42Mr. Chairman, my amendment would authorize an additional $125 million in annual federal funding administered by the Department of Education specifically for historically black colleges and universities or H.B.CU. This is not just a matter of fairness. This is a matter of ensuring that every institution and every student athlete has the resources needed to succeed under the new mandates in this legislation.
▶ 3:23:07This bill introduces important This bill introduces important reforms to protect college athletes health, ensure NIL transparency, and prepares for athlete revenue sharing frameworks. But it also places significant financial and administrative burdens on athletic departments. Burdens that not all schools are equally prepared to carry. H.B.CU have have long operated with fewer resources, smaller endowments, and more limited fundraising networks.
▶ 3:23:36Despite being powerhouses of talent, tradition, and community engagement, their athletic programs serve not only as points of pride, but as vital vehicles for economic mobility, institutionals institutional sustainability and public engagement. H.B.CU sports don't just fill stadiums. They create jobs, fund scholarships, and fuel local and rural economies.
▶ 3:24:00Yet, these programs are now being asked to comply with complex, costly mandates on par with institutions that have hundreds of million millions of dollars in athletic revenues. That's simply not sustainable without support. This amendment will provide targeted specific funding to help level the playing field. This is not about special treatment.
▶ 3:24:25It's about acknowledging historic inequities and ensuring that new rights, rightsbased reforms don't unintentionally deepen existing divides. If we believe that all student athletes deserve health, safety, and fair compensation, regardless of where they play, then we must give all schools the tools that deliver such. This amendment will help ensure that H.B.CU not only comply with this bill, but thrive under this bill.
▶ 3:24:54It's an investment in equity and communities around H.B.CU, including many local and regional RO rural regions and its commitment to honoring the legacy and future of these proud institutions. I urge my colleagues to support this amendment. If I can get a commit a commitment from the chair to keep working with me on this issue, I will withdraw my amendment.
▶ 3:25:19Most definitely. You know, I will. Thank
▶ 3:25:21Mr. Chair. You have been a man of honor. I've enjoyed working with you and with your commitment, sir, I will withdraw my amendment. I yield back.
▶ 3:25:28Gentleman withdraws his amendment. Thank you. Uh any further amendments?
▶ 3:25:35Yes. Yes. Mr. VC, you recognize
▶ 3:25:37Mr. Mr. I have an amendment at the desk.
▶ 3:25:40You're recognized, sir.
▶ 3:25:41Uh Mr. Chairman, u this amendment makes it a requirement for schools to which is
▶ 3:25:46Let's uh report the amendment first if that's okay. the the the clerk will report the
▶ 3:25:53It's 027 local report amendment to the amendment and the nature of a substitute to HR 4312 offered by Mr. VZ of Texas page 25 beginning on line 17
▶ 3:26:25Without objection, the reading of the amendment is dispensed with and gentleman is recognized for five minutes in support of his amendment.
▶ 3:26:31Uh thank you, Mr. Chairman. Uh what this amendment does, it makes it a requirement for schools to which a student athlete is transferring or considering to transfer to provide a notice to the students previously earned academic credits that the new school will accept. uh this shouldn't be an option for universities. A university should proactively inform student athletes about what credits are transferable.
▶ 3:26:55When a student athlete makes the decision to transfer schools, uh oftentimes under very intense pressure, they're not just switching teams, they're actually navigating a very complex academic process that could impact their future far beyond the playing field. And we want to make sure uh that in the excitement and chaos of the transfer portal that students don't lose sight of their education uh and don't lose credits that they've already earned.
▶ 3:27:22Uh right now there are many student athletes that enter the portal without really understanding the full academic consequences of their transfer, especially when it comes to whether the credits will transfer and count towards graduation. Uh this can delay their progress towards a degree or worse derail it entirely.
▶ 3:27:41And that is simply unacceptable uh because if someone tears their ACL um uh and if and if an ACL is torn uh that can take someone out for uh a season, but losing credits that transfer uh can take you off the path to graduation. And for many of these young men and young women uh that are transferring uh especially from workingclass families and communities of color, college sports is really college is not just about sports.
▶ 3:28:09is really about trying to break generational cycles of poverty and building a better future. So, uh if we're serious about equity in college athletics, we have to be just as focused on the academic piece. Uh and that's why I strongly support providing comprehensive academic advising to students athletes before they enter the transfer portal as they navigate the transition to the new school.
▶ 3:28:32And this uh advising uh should include a clear and honest assessment of what credits will transfer and which ones won't uh and a move will and how that move will affect their timeline to graduation. And we also need to take into accountability from athletic departments and the NCA to ensure that this kind of support is available and not just for top recruits but for all student athletes.
▶ 3:28:58We can't let these student athletes fall through the cracks because the system did not give them the tools to make informed decision. Let's put student success at the center uh not just on the court or field but in the classroom too. Mr. Chairman, I hope that you'll work with me on this. I I am going to withdraw this amendment but hope that we can work.
▶ 3:29:17Absolutely. These are the type of amendments we can we can find common ground on. So I appreciate very much. I will work with you.
▶ 3:29:24Thank you. Thank you. The gentleman withdraws the amendment for Does anyone seek recognition for gentleman from Texas? What person seek recognition?
▶ 3:29:34Mr. Chairman, I have a an amendment at the desk. VC_027.
▶ 3:29:40I mean, I'm sorry, I did just do that one. VCore.
▶ 3:29:47One second.
▶ 3:29:52Hold on a second. I got a lot of papers circulating here.
▶ 3:30:14Hold on one second.
▶ 3:30:16Yeah, it's the transfer one. Which one's 26? Okay.
▶ 3:30:21Oh, yeah. It's 26. I'm sorry. Yeah, there we go. Okay. I have a moon at the desk of VC_26. Cler report.
▶ 3:30:33Okay. Report.
▶ 3:30:35Mr. Chairman, I have VZ_028.
▶ 3:30:42Would you read the line?
▶ 3:30:45Would you read the
▶ 3:30:46amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. to Vizio, Texas. Page 25, line 10, strike institutions and insert institutions if not during a period in which a playoff or tournament relevant to the student athlete is actively
▶ 3:31:03that is the amendment that we have. So, yeah, that's the same amendment. So, the the gentleman is recogniz Well, you did read the amendment. Is there gentleman's recognized in support of his amendment?
▶ 3:31:13He just reported. Did that was your report? The clerk reported.
▶ 3:31:16Okay. That was the clerk reported. Okay. Okay. Uh, Mr. Chairman, thank you very much. Um, what this amendment does is that it really res it really respects the structure and integrity of college athletics by ensuring that transfers don't disrupt postseason play. Uh, you probably remember during the March Madness NCA tournament, uh, that there were actually transfers that were taking place during Sweet 16.
▶ 3:31:41And so the playoffs and tournaments are the culmination of a team's work all season and sudden transfers that uh during that time can destabilize teams uh and create a very unfair playing field. And setting standards for transfers during the postseason really helps maintain stability uh not just for institutions but for student athletes relying on consistency and cohesion with their teammates and coaches and of course to the fans who are hoping to watch a fair ball game.
▶ 3:32:09uh this kind of structure is very critical for the development and well-being of student athletes and our goal is simple and that is just to protect the integrity of the game and I'll withdraw this amendment but hope that we can work with something on that. I don't seek to inhibit by any stretch of the imagination kids being able to transfer. We don't tell other other kids they can't transfer. I'm not trying to tell student athletes when they can transfer. Uh but I think that there's a time and the place to do that and that's what this amendment seeks. But I do withdraw the amendment.
▶ 3:32:39Gentleman withdraws the amendment. Are there any further amendments?
▶ 3:32:46Gentleman from Texas seek recognition.
▶ 3:32:49Mr. Chairman, I have a amendment at the
▶ 3:32:52Would you identify the amendment?
▶ 3:32:54Uh this one, Mr. Chairman, is amendment This is 028. Which one is this one?
▶ 3:33:11Oh, okay. This one is labeled Epstein.
▶ 3:33:14Label what? Excuse me. You have the
▶ 3:33:20Epstein. Amendment to the amendment in the nature of a substitute to HR 4312 offered by Mr. VZ of Texas. At the end of the bill, add the following.
▶ 3:33:29Section 12, effective date. This act and the amendments made by this act shall take effect on the date that the president releases the Epstein files related to Larry.
▶ 3:33:39Without objection, the reading amendment
▶ 3:33:42okay. Lady objects.
▶ 3:33:43Reading of the amendment.
▶ 3:33:45Clerk will continue to read
▶ 3:33:49section 12 effective date. This act and the amendments made by this act shall take effect on the date the president releases any any Epstein files related to Larry Nar or the student athletes he Uh, Mr. Chairman,
▶ 3:34:03gentleman from Virginia is recognized.
▶ 3:34:05Reserve a point of order, please.
▶ 3:34:06Gentleman reserves a point of order. The gentleman from Texas is recognized for support of his amendment.
▶ 3:34:11Uh, Mr. Chairman, uh, thank you. I'm introducing this amendment because while um you've heard several references to the Wild, Wild West uh uh and we know what happened in the Old West. Like I said earlier, these a lot of these institutions were very lawless. Predators were protected and victims were silenced. And what this amendment is is very simple.
▶ 3:34:32Uh the bill cannot go into effect until the president and the attorney general release all Epstein files related to his relationship with uh Larry Nasser. Uh Mr. Chairman, I have a request to insert into the record a CNN article uh detailing the Jeffrey Epstein uh letter that he sent to Nasser, who was the team physician at Michigan State.
▶ 3:34:56He was also the uh gymnastics trainer there uh while both were in prison for sexual predation. And I have the amendment here. It is dated um June 2nd, 20123.
▶ 3:35:13Without objection. So order.
▶ 3:35:17Thank you, Mr. Chairman. Um, and if you're wondering what FC has to do with this bill, I'll tell you exactly what. We're about to give universities sweeping new power over the medical care, over the mental health, and the safety of student athletes. And this bill imposes mandatory obligations on universities, mental health support, medical coverage, sexual violence prevention, and independent medical care for student athletes.
▶ 3:35:44Uh, these are good things on paper, but we must not forget what happened at Michigan State University where a trusted team doctor, Larry Nasser, used the power and access granted by the university to sexually abuse hundreds of student athletes over decades. Larry Nasser was not some rogue predator hiding in the shadows. He was literally the face of athletic care at one of the country's biggest universities.
▶ 3:36:09Uh he was embedded in the athletic department, trusted with health and well-being of student athletes and backed by institutional authority. Uh he used that power to sexually abuse hundreds of girls. The university didn't stop him. The university protected him. And now we know something even more disturbing. While in prison, Jeffrey Epstein, a convicted sex trafficker of children, was writing letters to Larry Nasser.
▶ 3:36:36uh these two men, arguably the most prolific predators of young girls in in American history, were in communication. Why? What was the nature of that relationship? Who else knew? Uh what other secrets might be buried in those fouls? And we do not know uh because they're being withheld. Uh and yet here we are about to pass a bill that puts universities back in the driver's seat, controlling student athletes health care, their mental health, their health insurance as it relates to their injuries.
▶ 3:37:06Uh and if the abuses at Michigan State never happen, that's the old west. That's the west that we don't want to go back to. Uh that's the world where power protects power and young people pay the price. If we don't demand answers now before we hand over this power, we are complicit in whatever comes next. We must know what went wrong, how it went wrong, and why it was allowed to continue for decades. Because here's the truth. You cannot build the future if you're hiding the past.
▶ 3:37:37We still haven't reckoned with what uh went so tragically wrong the last time universities had that type of unchecked control. Uh, you cannot claim to protect student athletes while stealing the fouls of the man who prayed on them. We need full transparency. We need the Epstein Nasser fouls released. And we need to break the cycle of abuse, cover up, and silence. Don't let this bill drag us back to the old west.
▶ 3:38:03Release the fouls before we release our student athletes back into the lines uh den. And I yield back.
▶ 3:38:11Gentleman yields back.
▶ 3:38:12And Mr. Chairman, if I might insist on my amendment. The amendment violates clause seven of rule 16 of the rules of the house because it is not gerine.
▶ 3:38:21Specifically, the amendment as a whole goes beyond the scope of this committee's jurisdiction and therefore is not gerine. Further, the subject matter is truly not gerine and and while perhaps not as relevant to the gerainous argument, uh it's not just about Epstein and Larry Nasser because the way it is written and words do matter. It says the president releases any file on the student athletes that he victimized.
▶ 3:38:45You got to read these words carefully, but it says the president could release any file related to the students as well as everything else. So, it's not germaine, Mr. Mr. Chairman, because this this is not about student files. U this bill doesn't have anything to do with that. It doesn't have anything to do with either of these uh two uh predators. Uh information is already out there. It may not be everything that that the author of the amendment wants, but that's not this bill and uh and I would submit to you that it is not gerine.
▶ 3:39:15Mr. Chairman,
▶ 3:39:17is there any discussion that New Jersey is recognized for five minutes to discuss the
▶ 3:39:21Thank you. I maintain that this u is gerine that this amendment is gerine. It does not introduce a new subject of the text proposed to be amended. As House practice explains, an amendment may make the effectiveness of Civ subject to a condition if that condition is related to the provisions of the bill.
▶ 3:39:43The subject of the underlying text is college athletics, including a requirement that certain schools provide medical and health benefits to student athletes. That medical care includes care for an injury of a student athlete incurred during the involvement in intercolgate athletics at the institution. And this amendment relates to that subject matter. As some of you may know, Jeffrey Epstein tried reaching out to Larry Nasser while he was in the custody of the Bureau of Prisons.
▶ 3:40:12While we do not know the contents of this letter, the connection between Larry Nasser and Jeffrey Epstein raises questions about whether there existed a pre-existing relationship between them and any connections between their relationship and the abuse Nasser committed against college athletes.
▶ 3:40:28Because Nasser was a university's team physician who has been found guilty of sexually abusing college athletes while they received treatment for their sports related injury and this bill is requiring certain schools provide such medical services. It is clear that this amendment relates to the bill and therefore Mr. Chairman I urge you to rule against the point of order. I yield
▶ 3:40:51Gentleman yo back further discussion a gentleman from Ohio. Does anyone know gentle from Ohio's recognized for five minutes to discuss the
▶ 3:40:59Yeah, thank you uh Mr. Chair. I I I support the amendment. I I do also believe it's germaine. I mean the bill that we are uh marking up to date is entirely about student athletes uh and uh and and and the the training they get uh the care they receive uh should be beyond reproach. We should have more confidence that we, you know, than we do now.
▶ 3:41:28I mean, the the Larry Nasser story is one of the most uh awful uh uh uh stories I' I've ever read uh learned learned about. I I could not believe it went on for as long as it did, that he had as many victims as he had, and that he's not alone, that there are more Larry Nassers.
▶ 3:41:50Uh, and while there is a connection to Jeffrey Epstein and we should be all on the same page in terms of releasing all of those file files, the fact of the matter is is that this is an issue in college athletics. And I've got a a 13-year-old and a 15year-old, both of whom may end up uh despite their father end up playing college uh uh sports. The idea that this isn't law, Mr.
▶ 3:42:20VC's amendment isn't law is concerning to me. Uh that uh universities and athletic departments aren't subject to these rules is a problem. Uh so I I hope it it's reconsidered that we pursue this, but it should be a standalone law that this committee should pursue in a bipartisan way.
▶ 3:42:44Um uh and the fact that it does not exist in law today is uh is a huge problem. So I I really do hope we we take this up that it's part of this bill. This bill is moving and protecting athletes from what happened with Nasser and others.
▶ 3:43:07uh the sexual abuse that athletes have endured, continue to endure, uh should be part of this bill. I yield
▶ 3:43:16Gentleman yields back and the chair is prepared to rule.
▶ 3:43:19Gentle lady from California is recognized for
▶ 3:43:22uh Thank you, Mr. Chairman. Um, since the gentleman from Ohio just uh spoke, I was reminded that for the public who's out there who maybe isn't as familiar with these types of situations where you have co college athletes uh being um abused and molested, I refer you to uh the latest documentary called Surviving Ohio State um which chronicles another abuser, Dr.
▶ 3:43:50Richard St's years of long abuse told in part by his victims and this documentary goes and talks to people. We're talking about male wrestlers and football players most of who've never spoken about their trauma. Uh this is a a good way to understand why this connection and the issue.
▶ 3:44:11This documentary also alleges the allegations of a congressman who was an OSU assistant coach from 1986 to 1994 and how whether he knew and ignore Dr. Strauss's crimes. Uh we should all be standing up for children, our students. We should all be saying we're not going to turn to bli.
▶ 3:44:34Um, and given that this is about col college athletes, um, I support the amendment and, uh, and, uh, encourage people who want to know more about these types of issues with college students and the horrific abuse that they have endured and how people have turned a blind eye to survive in Ohio State. I yield back.
▶ 3:44:55Gentle lady yields back and the chair is prepared to rule. The member from Virginia, the uh makes a point of order that the amendment is offered by the name of the Epstein amendment is not Germaine. Clause 7 of rule 16, the Germanous rule provides that no proposition on a subject different from that under consideration be emitted under the color of amendment. The chair finds a subject of the amendment is different from the subject under consideration is therefore not germaine and the point of order is sustained.
▶ 3:45:22Mr. Chairman, I would appeal the ruling of the chair and as to a recorded vote on the appeal.
▶ 3:45:28Gentleman from as appeal of the chair, gentleman from Ohio's recognized.
▶ 3:45:31Uh, thank you, Mr. Chairman. Motion to
▶ 3:45:34The motion to table your recorded vote.
▶ 3:45:36Record a vote, please. Thank you.
▶ 3:45:37So, the motion before the house is a motion to table the appeal of the ruling of the chair. So, motion to table the appeal of the ruling of the chair. The clerk is call the role.
▶ 3:45:50Mr. Lada. I
▶ 3:45:52Mr. Lada votes I Mr. Griffith
▶ 3:45:56Mr. Griffith votes I Mr. Billis.
▶ 3:46:01Mr. Billis votes I. Mr. Hudson.
▶ 3:46:05Mr. Hudson votes I. Mr. Carter of
▶ 3:46:10Mr. Carter of Georgia votes I. Mr.
▶ 3:46:15Mr. Palmer votes I. Mr. Dunn.
▶ 3:46:19Mr. Mr. Dunn votes I. Mr. Krenshaw. Mr. Krenshaw votes I. Mr. Joyce.
▶ 3:46:28Mr. Joyce votes I. Mr. Weber. Mr. Weber votes I. Mr. Allen.
▶ 3:46:37Mr. Allen votes I. Mr. Balderson. Mr. Balderson votes I. Mr. Fulier.
▶ 3:46:46Mr. Fulier votes I. Mr. Fluger. Mr. Fluger votes I. Mrs. Harshburgger. Mrs. Harshburgger votes I. Mrs. Miller Mrs. Kamik. Mrs. Kamik votes I. Mr. Orenti. Mr. Orenti. Votes. I. Mr. James. Mr. Benz.
▶ 3:47:17Mr. Benz votes I. Mrs. Hchen, Mrs. Houchin votes I. Mr. Fry. Mr. Fry votes I. Miss Lee. Miss Lee votes I. Mr. Langworthy. Mr. Langworthy votes I. Mr. Kaine. Mr. Roelly. Mr. Ry votes. I. Mr. Evans.
▶ 3:47:50Mr. Goldman Mr. Goldman votes I. Mrs.
▶ 3:47:55Mrs. Fedorch votes I. Mr. Palone.
▶ 3:48:00Mr. Palone votes no. Mr. Gette,
▶ 3:48:05Mr. Gat votes no.
▶ 3:48:07Miss Shakowski,
▶ 3:48:09Miss Shakowski votes no. Miss Masouie,
▶ 3:48:13Miss Masui votes no.
▶ 3:48:15Miss Caster, no. Miss Caster votes no. Mr. Tonko,
▶ 3:48:21Mr. Tonko votes no. Miss Clark. Ms. Clark votes no. Mr. Ruiz. Mr. Peters. Mr. Peters votes no. Mrs. Dingle. Mrs. Dingle votes no. Mr. Vzy. Mr. Vzy votes no. Miss. Kelly. Miss. Kelly votes no. Miss Bagon, Miss Bagon votes no. Mr.
▶ 3:48:52Mr. Sodto votes no. Miss Shrier, Miss Shrier votes no. Miss Trey, Mran votes no. Miss Fletcher, Miss Fletcher votes no. Miss Mr. Aassiocortez votes no. Mr. Oenclaus Mr. Mr. Oklass votes no. Mr. Carter of Mr. Carter of Louisiana votes I. Mr.
▶ 3:49:24Mr. Mendez votes no. Mr. Mullen. Mr. Mullen votes no. Mr. Lansman. Mr. Lansman votes no. M. Mcclullen. M. Mcclullen votes no. Chairman Guthrie. Chairman Guthrie votes I.
▶ 3:49:44Anyone seeking recognition for entering the roll call? Anyone on the Republican side? You got Oh, Mr. Carter.
▶ 3:49:52Mr. Carter of Louisiana is recorded as I Mr. Carter is off eye and on no.
▶ 3:50:00Anyone else seeking recognition? Seeing none, the clerk will report. Mr. Chairman, on that vote there were 26 eyes and 23 nos.
▶ 3:50:22The motion is agreed to. Is there further to anyone seeking recognition for a purpose of amendments? Seeing none, if there's no further discussion, the vote occurs on the amendment in the nature of a substitute. All those in favor shall signify by saying I. I. All those opposed, no. No.
▶ 3:50:42Opinion of the chair. The eyes have it.
▶ 3:50:48Agreed to. That was the Okay. Yeah. So, we have So, the gentleman requests a roll call vote. Okay. The question now occurs. I'm sorry. The question now occurs on adopting HR4312 as amended. And a roll call vote has been requested. And the clerk will call the role. Mr. Lada.
▶ 3:51:08Mr. La votes I. Mr. Griffith.
▶ 3:51:12Mr. Griffith votes I. Mr. Billis.
▶ 3:51:16Mr. Billis votes I.
▶ 3:51:18Mr. Hudson.
▶ 3:51:20Mr. Hudson votes I. Mr. Carter of
▶ 3:51:24Mr. Carter of Georgia votes I. Mr.
▶ 3:51:28Mr. Palmer votes I. Mr. Dunn.
▶ 3:51:32Mr. Dunn votes I. Mr. Krenshaw. Mr. Krenshaw votes I. Mr. Joyce. Mr. Joyce votes I. Mr. Weber. Mr. Weber votes I. Mr. Allen. Mr. Allen votes I. Mr. Balderson. Mr. Balderson votes I. Mr. Fulture. Mr. Fluger. Mr. Fluger votes I.
▶ 3:52:02Mrs. Mrs. Harshburgger votes I. Mrs. Miller Mrs. Kamik.
▶ 3:52:13Mrs. Kamik votes I. Mr. Obernulti.
▶ 3:52:17Mr. Obernoli votes I. Mr. James I.
▶ 3:52:21Mr. James votes I. Mr. Bence.
▶ 3:52:28Mrs. Hchen.
▶ 3:52:30Mrs. Houchen votes I. Mr. Fry. Mr. Fry votes I. Miss Lee. Miss. Lee votes I. Mr. Langworthy. Mr. Langworthy votes I. Mr. Kaine. Mr. Kane votes I. Mr. Roelly.
▶ 3:52:51Mr. Roelly votes I. Mr. Evans.
▶ 3:52:55Mr. Evans votes I. Mr. Goldman. Mr. Goldman votes I. Mrs. Fedorek.
▶ 3:53:03Mrs. Fedorch votes I. Mr. Palone. Mr. Palone votes no. Miss Dette. Mr. Dette votes no. Miss Shakowski. Miss Shakowski votes no. Miss Matsui. Miss Matsui votes no. Miss Caster. Miss Caster votes no. Mr. Tonko.
▶ 3:53:28Mr. Tonko votes no. Miss Clark,
▶ 3:53:32Miss Clark votes no. Mr. Ruiz. Mr. Peters. Mr. Peters votes no. Mrs. Dingle. Mrs. Dingle votes no. Mr. Vzy. Mr. Vzy votes no. Miss. Kelly. Miss. Kelly votes no. Miss Bagon. Miss Bagon votes no. Mr. Sodto Mr. Sodto votes no.
▶ 3:54:02Miss Shrier Miss Shrier votes no. Miss Trean Miss Trean votes no. Miss Fletcher Miss Fletcher votes no. Masiocortez. Mr. Okasiocortez votes no. Mr. Okenclaus Mr. Anclaus votes no. Mr. Carter of Mr. Carter of Louisiana votes no. Mr. Mr. Mendez votes no.
▶ 3:54:33Mr. Mullen. Mr. Mullen votes no. Mr. Lansman. Mr. Lansman votes no. M. Mcclullen. M. Mcclullen votes no. Chairman Guthrie. Chairman Guthrie. Chairman Guthrie votes. Hi.
▶ 3:54:58Is anyone seeing a purpose of recognition for the roll call?
▶ 3:55:03We have some on the way.
▶ 3:55:05Y has everyone on the Democrat side been
▶ 3:55:09Mr. Chairman.
▶ 3:55:11I I just don't seem to recall. How is Griffith recorded?
▶ 3:55:15How's Griffith recorded?
▶ 3:55:17Mr. Griffith is recorded as I
▶ 3:55:20Ah. All right. Thank you, Mr. Chairman. Thank you.
▶ 3:55:28We have some people that are on their way. So Gentleman from Idaho.
▶ 3:55:56I there's a conflicting committee hearing. So the gentleman from Idaho,
▶ 3:56:01Mr. Fulture is not recorded.
▶ 3:56:04Mr. Fulture votes I.
▶ 3:56:07They're coming back from a sister committee hearing. Is he on?
▶ 3:56:56What purpose is the gentle lady for? Excuse me. I'm sorry. How is the gentle lady from New York recorded? Miss Clark.
▶ 3:57:01Miss Clark.
▶ 3:57:02Oh, you did you voted? Oh, okay. I'm sorry. I thought
▶ 3:57:04Clark is recorded as no.
▶ 3:57:13Are seeing no others present for the seeking to be recorded, the clerk will Mr. Chairman, on that vote there were 28 eyes and 23 nos.
▶ 3:57:25The the A's have it and the bill is just
▶ 3:57:31I have not reported the vote. So
▶ 3:57:37good lord.
▶ 3:57:38Come on.
▶ 3:57:42How's Dr. Meeks recorded?
▶ 3:57:45And how's Mr. Bench recorded?
▶ 3:57:46Mrs. Milan Beast is not recorded.
▶ 3:57:49Mrs. Miller Beeks votes I.
▶ 3:57:52The clerk will report. Thank you for
▶ 3:57:57Oh, I b I thought I called you. I'm sorry. How's Mr. Ben recorded?
▶ 3:58:01Mr. Ben is not recorded.
▶ 3:58:04Mr. Ben votes. I
▶ 3:58:05apologize. I thought you record. Cler
▶ 3:58:11Mr. Chairman, on that vote, there were 30 eyes and 23 nos. The eyes have it and the bill is adopted. The chair calls up HR4273 and ask the clerk to report. a bill to amend the federal.
▶ 3:58:28Without objection, the first reading of the bill is dispensed with and the bill will open for amendment. Any points are Does anyone seek to be recognized on the bill? What purpose? A gentleman from Ohio seek recognition.
▶ 3:58:40Thank you, Mr. Chairman. I have an amendment at the desk in the nature of a The clerk report
▶ 3:58:52amendment in the nature of a substitute to HR42.
▶ 3:58:54Without objection, the read amendment is dispensed with and gentleman from Ohio is recognized for 5 minutes in support of the amendment.
▶ 3:59:00Well, thank you very much, Mr. Chairman. I speak in support of the amendment and underlying bill HR 4273, the over-the-counter monograph drug user fee amendments, which I led with the general lady from Colorado's first congressional district. The over-the-counter OTC monograph drug user fee program, AMUFA, at the Food and Drug Administration, FDA, gives consumers access to manage their own care in a safe and affordable manner.
▶ 3:59:28The changes in this amendment helped to facilitate wider and additional stakeholder engagement throughout the AMUFA process. Five years ago, I led with my energy and commerce colleagues in modernizing how the FDA regulates most OTC medicines with the creation of the MOUFA program. These revolutionary changes made the 40-year-old system more efficient, transparent, and open to innovation. I am proud to once again be leading on this ra reauthorization of such a critical program.
▶ 3:59:59Additionally, the AMUFA program has drastically reduce the burden on our health care system by lowering the number of visits consumers need to make to a doctor to to obtain a prescription for simple treatment. I am pleased of the work that has been done on this bill and I encourage my colleagues to support the AIS and the underlying legislation. And Mr. Chairman, I yield back the balance of my time. Gentleman yields back. The gentle lady from uh Colorado is recognized for five minutes on the the amendment, excuse me, on the bill
▶ 4:00:29or the amendment as nature of a subject, I'm sorry.
▶ 4:00:31Thank you very much, Mr. Chairman. And I particularly want to thank Mr. Lada for co-leading this important legislation with me again this Congress. It was an achievement many years in the making when we got our bill, the Over-the-counter Monograph Safety Innovation and Reform Act signed into law as part of the CARES Act in 2020.
▶ 4:00:51This reform streamlined an old inefficient process for updating monographs, essentially recipes for over-the-counter drugs, into a new administrative order process. And now we're well into the process of getting FDA's improved over-the-counter medicines program off the ground. FDA has begun to use this new administrative order process to expeditiously and transparently update safety and efficacy considerations for over-the-counter drugs.
▶ 4:01:19This will mean that the evidence is folded into practice more quickly, improving the American public's ability to look after their health. Additionally, FDA's currently considering the first industry initiated over-the-counter monograph order request with a due date of early 2026. With this reauthorization, we're doubling down on the progress we've made.
▶ 4:01:43The pro the process progress includes taking a paperbased system for real and moving it to an electronic one and setting expectations for industry on how to get products to market. It also includes hiring a workforce that will support this improved system for the years to come. FDA met the first AMUFA performance goals, but this new improved system is still getting off the ground. I think we need to examine some potential twe tweaks to AMUFA as we move the process forward.
▶ 4:02:14But any challenges will need to be thoughtful, wellconsidered, and bipartisan. I again want to thank the gentleman for his partnership. And Mr. Chairman, I really urge quick passage of this bill so we can continue to work on the improvements that need to to happen. I urge support for the AIS and the underlying bill. And I yield back.
▶ 4:02:33Do you back? Y. Can we yield to them? I'm sorry.
▶ 4:02:34I'd be happy to yield to
▶ 4:02:35I just want to say thank you both. Thank you for working together on this and bringing this to fruition. This is important and uh thanks for working together and I will yield back to you
▶ 4:02:44and I yel back.
▶ 4:02:45Thank you. Um is there any other discussion? Gentleman from Georgia. Gentleman from Ohio. Gentleman from Georgia recognized for five minutes on the bill.
▶ 4:02:54Mr. Chairman move to strike the last
▶ 4:02:56Gentleman's recognized.
▶ 4:02:57Mr. Chairman, I'd like to express my support for the reauthorization of the over-the-counter monograph drug user fee program. Safe, reliable, and affordable over-the-counter drugs are an essential part of our health care system, allowing Americans to stay healthy by treating common ailments at home, usually without visiting a health care provider. Being readily available available, OTC drugs save the health care system billions annually from fewer doctor's visits and prescription drug purchases.
▶ 4:03:25The current legislative authority for over-the-counter monograph drug user fee program expires September the 30th of 2025 before which point Congress must pass legislation to reauthorize the program for another 5-year term. The United States is home to the world to worldleading medical innovation and the over-the-counter monograph user fee program has demonstrated the ability to bring more jobs back to America while increasing access to safe, reliable and affordable OTC drugs.
▶ 4:03:54That is why Congress must reauthorize this program on time. I also look forward to working with this committee to advance the FDA modernization act 3.0 which will facilitate the development, qualification, and adoption of testing methods that reduce or replace the use of animals in nonclinical settings. Millions of animals are being unnecessarily killed and significant taxpayers dollars are wasted on the mandated animal testing process.
▶ 4:04:21One key tenant of the FDA modernization act are the provisions on non-animal testing methods for 505G or all monograph drugs. This will cut burdensome red tape to allow drug manufacturers to use modern and more humane alternatives to improve safety for animals and parents alike.
▶ 4:04:39That is why I urge my colleagues to support the reauthorization of the over-the-counter monograph user fee program and efforts to move the FDA modernization act 3.0 0 so that we incentivize innovation while reducing unnecessary animal testing. Thank you, Mr. Chairman, and I yield
▶ 4:04:56Gentleman yields back. And the gentleman from Ohio seeks what purpose you seek
▶ 4:05:01Uh to strike the last word.
▶ 4:05:03Gentleman's recognized.
▶ 4:05:05Um thank you, Mr. Chair. I just want to thank Mr. Lada, Miss Mette for their work on this. Reauthorizing this bill is hugely important. Uh Cincinnati's home to one of the largest consumer uh product good uh good companies in the in in the country in the world.
▶ 4:05:25And during the hearing on on on this, you know, it's clear that there is enormous support here, bipartisan support to ensure that we are bringing more and more of these innovative products to market faster by, you know, while keeping people safe. And I just I want to underscore something that Mr. Deette said and and I think Mr.
▶ 4:05:47Lada would agree that there are still issues here that we're going to continue to have to work on uh streamlining this process. It took you know the FDA I think they they told us three years to get this up and running uh which seems like a very long time. And again, you know, the vast majority, something like 90% of Americans buy these over-the-counter products.
▶ 4:06:14And for them to take as long as they do to approve these, especially when you have companies that have been doing work with the FDA for decades, if it's a new sort of fly by night sort of organization, that's one thing.
▶ 4:06:29But I I just uh would encourage this committee to continue to to work on this uh and uh to pursue those changes that will make the process more efficient and fair and get these products to market faster. Uh especially with companies that have been doing this with the FDA with a perfect or what you know uh very good record uh for years if not decades.
▶ 4:06:57and would encourage us to continue to push on the FDA to hit benchmarks to move the uh the process uh along uh to find ways to ensure that they're keeping people safe while moving uh these these uh these products through the process much more quickly. the number over the course of the last five years the number of over-the-counter products that have been approved is very very small.
▶ 4:07:28Uh and again the only argument we got was or response was well it took us three years to get it up and running which seems very problematic. So hopefully uh with this reauthorization they appreciate that this is a committee that's very anxious to see this work and work much uh much more quickly uh keeping folks safe. So with that I yield back.
▶ 4:07:57Gentlemen yields back in any further discussion. Gentle lady from Michigan is recognized for five minutes to speak on the Ames.
▶ 4:08:04Thank you Mr. Chair. I'm proud to have been part of the bipartisan effort to create the overcounter monograph drug user fee program. I want to thank um our our leaders, Mr. Lara and Dette, but also my colleague Mr. Krenshaw and I were very proud to work with both of you on this. Uh and it's a first enactment in the CARES Act.
▶ 4:08:27Thanks to the thoughtful discussions involving members, patients, doctors, pharmacists, and advocates, we are here today taking the next step towards reauthorizing uh it before expires this year on September 30th. Since its enactment, OFUMA has been highly successful in improving access safe overthe-counter medicines. As my colleague Mr.
▶ 4:08:52Lansman quoted, "It's still taking too long on many of them, but nearly nine out of 10 Americans regularly use over-the-counter med medications to quickly, easily, and effectively manage a range of conditions. So, I'm very proud to be working with my colleagues to pass this bipartisan reauthorization to ensure consumers continue to have safe access to the OTC products they depend on.
▶ 4:09:19And more as importantly as anything, the United States needs to remain a global leader in health and innovation. We cannot secede our leadership to anyone. But I also want to say that something else concerns me on this. As we work towards a reauthorization that will improve access to safe and effective OTC products, I want to stress my continued concern about the ability to implement this reauthorization without a strong FDA workforce.
▶ 4:09:50Given that thousands of FDA employees have been laid off, firing key drug safety officials in the name of efficiency is shortsighted and it's not the way our health care system should be run. and most importantly, it risks American safety. So, I look forward to continuing to work with my colleagues across the aisle to pass this important reauthorization.
▶ 4:10:12I hope they will also join me in ensuring that the FDA has the necessary staffing to enable product evaluations on a more quickly quicker basis without compromising the FDA's dedication to scientific integrity, public health, regulatory standards, patient safety, and transparency. The user fees are central to that goal. Effective medicine at an affordable price.
▶ 4:10:42Thank you and I yield back.
▶ 4:10:43The gentle lady yields back. Is there further discussion on the Republican side? Seeing none, the gentle lady from California is recognized for five
▶ 4:10:51Uh, thank you, Mr. Chairman. I move to strike the last word, and I also support HR 4273, which would help fund the FDA's review of over-the-counter drugs. Uh but I want to um also chime in on my colleagues comments that we cannot ignore how Trump has taken a sledgehammer to the FDA's ability to evaluate new drugs.
▶ 4:11:15Um I have a chart uh to just show this is the FDA organizational chart. About 3,500 federal employees have been laid off by the Trump administration or have left in recent months. Trump's assault on the FDA continues with his proposed budget, which slashes more than 400 million from the FDA and eliminates nearly 2,000 jobs.
▶ 4:11:45It gets worse. Over half over half of the FDA's senior officials are gone, fired or driven out by chaos on dysfunction. That is what this chart shows. This chart shows uh just one of many. All these red X's you see here, there's where you have senior officials that have gone have been pushed out.
▶ 4:12:12and to just to see how dysfunctional and chaotic it's causing within the FDA. This includes the director of the center of biologics evaluation and research, our top vaccines regulator who intended to stay but was forced out against his And most recently, it includes the current acting director of the FDA Center for Drug Evaluation and Research, or Cedar,
▶ 4:12:43our nation's primary reviewer of drugs, who is leaving this month. And what happened to her predecessor? She left just two days before Trump took office. These aren't just empty offices. This means loss expertise, loss oversight, and delayed drug approvals.
▶ 4:13:05According to a new analysis from the nonpartisan Congressional Budget Office, staff reductions at the FDA would delay the review of new drugs by nine months. Estimates show these delays will prevent 23 new drugs from becoming available in that 9-month period. American families will face longer waits to access life-saving medications. Families will suffer. And yes, people will die waiting.
▶ 4:13:34The American people deserve a fully funded FDA. The Trump administration's decision to hollow it out puts our health and safety at risk. And it doesn't help that you don't have Republicans in the Congress standing up to say, "We are going to make sure we fully fund. we are going to stop some of these cuts whether it's in the budget or whether it's running people out of the FDA. And with that, I yield back.
▶ 4:14:03Gentle lady yields back. Is there further discussion? Seeing none, is there any further amendments? Gentleman from Pennsylvania, Dr. Joyce is recognized for five men. Well, do you have an amendment at the
▶ 4:14:15Mr. Chairman, I have an amendment at the
▶ 4:14:18You identify your amendment. You're going to have to help me with the number. Um,
▶ 4:14:26identify the amendment.
▶ 4:14:28Clerk will report.
▶ 4:14:29Amendment to the amendment in the nature of a substitute to HR 4273 offered by Mr. Joyce of Pennsylvania.
▶ 4:14:34Without objection, reading the amendment is Spenced with and the gentleman from Pennsylvania is recognized for five minutes in support of the amendment.
▶ 4:14:40Thank you, Mr. Chairman. I wish to speak today and express my support of the AMUFA user fee bill before us here today, but also to express my strong concern that the issue of the approval of new sunscreen ingredients is once again going unressed. As it has been discussed by numerous members of this committee in a bipartisan fashion at our previous hearings on this subject, the FDA has fundamentally failed.
▶ 4:15:08despite multiple iterations of previous congressional reform to approve a single new ingredient for sunscreens in over 25 years. Europe has continued to advance and has taken the lead. This is unacceptable. It is unacceptable to me as a physician. It is unacceptable to me as a dermatologist. It is unacceptable to me as a skin cancer survivor. and it's unacceptable to me as a member of Congress.
▶ 4:15:38Skin cancer is the most common cancer in the United States today with over five million Americans being treated annually for skin cancer. And more concerningly, the incidence rate is projected to once again increase this year. We also know that wearing a broadspectctrum sunscreen remains a very safe way to reduce your risk of developing what can be a deadly disease. and that is melanoma.
▶ 4:16:06In light of the FDA's failure, Americans still lack access to the most advanced sunscreen technologies that are available globally. Put very simply, while the FDA has stagnated, the rest of the world has moved forward. The best sunscreen is the one that you're going to wear. and limiting options for American patients in spite of this significant risk will not and should not continue once we have these new sunscreen products available.
▶ 4:16:37Representative Dingle and I have introduced strong bipartisan legislation in the Safe Sunscreen Standard Act that enjoyed the support of a broad coalition of cancer patient and physician advocacy groups. Representative Dingle and I are both committed to solving this issue, as I know many members of this committee are as well, and we stand ready to work with you, Mr.
▶ 4:17:01Chairman, and any other member of energy and commerce to remedy all our concerns and get this bill to a place where it can easily become law. This issue cannot wait. And I respectfully yield my time to you, Mr. chairman for a purpose of colloilquy to see if you will give your commitment to ensuring that this bill becomes law as part of the ongoing AMUFA process.
▶ 4:17:26Thank you uh thank you Dr. Joyce for yielding and and for all your staff's work and you and your staff's work on this issue. I know it's both personal and professional importance and fully recognize the significance of the policy. We're moving forward on this user fee agreement today in an effort to ensure a pathway to get this done and avoid a cliff at the end of the fiscal year. But we know there's more work to do to ensure bipartisan and biccameal alignment.
▶ 4:17:49As we move forward, I will commit to you that we will continue to work with you and other members of this committee and our Senate colleagues to address this problem. As you mentioned, it's been over 20 years since the last sunscreen active ingredient was approved in the United States, which I agree is unacceptable. We must continue to work to ensure Americans have access to the latest innovation, particularly when it comes to products our constituents use every day, such as sunscreen, a proven skin cancer prevention tool. Thank you, Dr.
▶ 4:18:18Joyce, for your strong leadership and partnership on this issue, and I look forward to working with you to get this across the finish line.
▶ 4:18:25Thank you, Mr. Chairman, for that commitment. I look forward to working with you and other members of the committee as well. And with that, I withdraw my amendment.
▶ 4:18:34Okay. Gentleman withdraws his amendment. Any further amendments? Seeing none. So we're going to do the Ames first. So if there's any no further discussion, the vote occurs on the amendment in the nature of a substitute. All those in favor say I.
▶ 4:18:55I. All those opposed say no. The eyes have it and the amendment is agreed to. There's all the question now occurs on adopting HR4273 as amended roll recorded vote. Although a roll call has been requested and the clerk will call the row.
▶ 4:19:16Mr. La.
▶ 4:19:18Mr. Lad votes I. Mr. Griffith.
▶ 4:19:21Mr. Griffith votes I. Mr. Billis.
▶ 4:19:25Mr. Billis votes I. Mr. Hudson. Mr. Carter of Georgia.
▶ 4:19:33Mr. Carter of Georgia votes I. Mr. Mr. Dunn, Mr. Krenshaw, Mr. Joyce. Mr. Joyce votes I. Mr. Weber. Mr. Weber votes I. Mr. Allen. Mr. Allen votes I. Mr. Balderson. Mr. Balderson votes I. Mr. Fulture.
▶ 4:20:04Mr. Fulture votes I. Mr. Fluger.
▶ 4:20:08Mr. Fluger votes I. Mrs. Harshburgger. Mrs. Harshburgger votes I. Mrs. Miller Mrs. Kamik. Mr. Obernolulti.
▶ 4:20:25Mr. Obernulti votes I. Mr. James.
▶ 4:20:29Mr. James votes I. Mr. Benz Mr. Benz votes I. Mrs. Hggin Mrs. Hggin votes I. Mr. Fry.
▶ 4:20:41Mr. Fry votes I. Miss Lee. Miss Lee votes I. Mr. Langworthy. Mr. Langworthy votes I. Mr. Kaine. Thank you. Mr. Kane. Mr. Kane votes I. Mr. Roelly.
▶ 4:21:04Mr. Ry votes I. Mr. Evans.
▶ 4:21:08Mr. Evans votes I. Mr. Goldman. Mr. Goldman votes I. Mrs. Fedorek.
▶ 4:21:17Mrs. Fedorek votes I. Mr. Palone. Mr. Palone votes I. Mr. Gette. Hi.
▶ 4:21:26Mr. Gette votes I. M. Miss Shakowski
▶ 4:21:29Miss Shakowski votes I. Miss Masui
▶ 4:21:34Miss Masui votes I. Miss Caster
▶ 4:21:38Miss Caster votes I. Mr. Tonko
▶ 4:21:42Mr. Tonko votes I. Miss. Clark.
▶ 4:21:47Miss. Clark votes I. Mr. Ruiz. Mr. Peters. Mr. Peters votes I. Mrs. Mrs. Dingle votes I. Mr. Vzy. Mr. Vzy votes I. Miss. Kelly. Miss. Kelly votes I. Miss Vagon. Miss Vagon votes I. Mr. Sodto. Mr. Sodto votes I. Miss. Shrier.
▶ 4:22:17Miss. Shrier. Votes. I. Miss. Tran. Miss. Fletcher. Miss Fletcher votes I. Mr. Okasio Cortez. Miss Okasiocortez votes I. Mr. Mr. Aenclaus votes I. Mr. Carter of Mr. Carter of Louisiana votes I. Mr. Mr.
▶ 4:22:47Mendez votes I. Mr. Mullen. Mr. Mullen. Votes I. Mr. Lansman. Mr. Mr. Lansman votes I. M. McCullen. M. McCullen votes I. Mr. Guthrie.
▶ 4:23:04Mr. Guthrie votes I.
▶ 4:23:05Mr. Palmer
▶ 4:23:07Mr. Palmer is not recorded.
▶ 4:23:10Mr. Palmer votes I.
▶ 4:23:12Mr. Hudson is not recorded.
▶ 4:23:15Mr. Hudson votes.
▶ 4:23:17Mr. Dunn is not recorded. Mr. Dunn votes I. Kamik.
▶ 4:23:23Mrs. Kamik votes I. Miss Tran.
▶ 4:23:29Miss Tran votes.
▶ 4:23:31Anyone on the Democrat side seeking to call the row? Any on the Republican side? Before I call the roll. Next time we gather together, Miss Kamik's going to be a mother. So we uh that'll be fun. So yeah, we look forward to it. She has a room full of aunts and uncles. So anybody else seeking recognition? And I got to call the vote. I I got to the I what we the clerk will report.
▶ 4:23:59Uh Mr. Chairman, on that vote, there were 51 eyes and zero nos.
▶ 4:24:02The eyes have it and the bill is adopted. Without objection, staff is authorized to make technical and conforming changes to the legislation approved by the committee today. So ordered. Without objection, the committee stands adjourned.