Markup of One Bill

Education and Workforce MarkupsHouse Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade · 2025-07-15 · 119th Congress
The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade met to mark up H.R. Begins at 0:09:11
Transcript
Highlights

Title

Markup of the SCORE Act, a college athlete NIL and NCAA framework bill

Purpose

The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade met to mark up H.R. 4312, the SCORE Act, a bipartisan bill developed across the Energy and Commerce, Education and Workforce, and Judiciary committees to create a national framework for college athlete name, image, and likeness (NIL) compensation, agent regulation, and antitrust protections for the NCAA and conferences. Members debated and voted on several Democratic amendments addressing antitrust exemptions, employment status, enforcement mechanisms, and state-law preemption before voting to forward the bill to the full committee. Begins at0:09:11

Who spoke

Chairman Gus Bilirakis (R-FL)0:09:11: Opened the markup describing the SCORE Act as bipartisan legislation to protect student athletes with transfer portal and agent disclosure guardrails0:11:45; later ruled on points of order and negotiated withdrawals of several amendments0:58:161:47:00.

Rep. Jan Schakowsky (D-IL), Ranking Member0:13:08: Said the bill does not adequately protect student athletes and focuses too much on NCAA recommendations0:14:19; later argued the bill "is not ready for prime time"1:39:09.

Rep. Brett Guthrie (R-KY), full committee chairman0:15:01: Called the SCORE Act a bipartisan product of three committees providing a federal NIL framework0:15:31; later clarified Title IX would remain in full effect and take precedence over the bill's revenue formulas0:54:210:54:40.

Rep. Frank Pallone (D-NJ), full committee ranking member0:17:42: Argued the markup distracts from Trump administration cuts to research funding and student aid0:18:12; said the bill lets the NCAA claw back court-won athlete protections while allowing unlimited school spending on facilities and coaches0:20:36; later urged delaying full committee action1:36:56.

Rep. Lori Trahan (D-MA)0:23:03: Said the bill grants sweeping NCAA power while shielding it from lawsuits, state laws, and FTC/state AG enforcement0:23:30; offered amendments striking the antitrust exemption, employment ban, and preemption0:46:15; a later enforcement amendment1:19:16; and a preemption savings-clause amendment she withdrew after Bilirakis's commitment to negotiate1:44:031:47:00.

Rep. Kathy Castor (D-FL)0:25:52: Warned the "big ugly bill" cuts Pell Grants and student loans0:26:30; later pressed committee counsel on whether preemption would bar athletes from bringing sexual harassment claims under state law1:03:391:05:48.

Rep. Russell Fry (R-SC)0:29:47: Supported the bill's liability protections and federal preemption as ending a "Wild West" patchwork0:30:42; raised the point of order against Trahan's first amendment as beyond committee jurisdiction, later sustained0:50:030:58:16; opposed the enforcement amendment as enriching trial lawyers1:22:14.

Rep. Debbie Dingle (D-MI)0:32:19: Described conversations with University of Michigan athletes about being excluded from the process0:33:47; called for stronger Title IX and gender equity protections and preservation of Olympic/non-revenue sports0:35:350:36:27.

Rep. (unnamed member, "Mr. Evans" per clerk roll)0:38:20: Discussed the "have and have not" dynamic among colleges regarding the bill's antitrust carve-outs and preemption0:39:26.

Rep. Yvette Clarke (D-NY)0:41:01: Called the bill effectively an "NCAA Wish List Act" that fails to protect athletes and would codify an unfair revenue-sharing cap0:41:520:43:21; later offered a second amendment reiterating antitrust and preemption concerns, including liability for coach sexual assault and heat-stroke deaths0:59:231:00:40.

Committee counsel1:04:02: Read Section 10's preemption language and, under questioning, acknowledged state-law claims "related to this act" could be subject to a motion to dismiss1:06:55.

Rep. Kevin Mullin (D-CA)1:10:43: Proposed narrowing the antitrust exemption to match the House settlement and adding a 9- or 10-year sunset provision1:11:21; later offered an amendment (with Rep. Vasquez) requiring agents to have fiduciary duty to athletes and an FTC study of agent certification, which he withdrew1:47:331:51:15.

Rep. Darren Soto (D-FL)1:08:20: Raised concern that the bill bars student athletes from union rights under the NLRA despite every major pro league having a players' union1:09:41.

Rep. Robert Garcia (D-CA), referenced as "Mr. Vasquez" in transcript1:12:13: Supported the enforcement amendment on behalf of the districts affected1:12:17.

Key moments

Pallone said the federal court's House v. NCAA settlement capped school payments to athletes at $20.5 million per school, but argued the SCORE Act would let the NCAA roll back athlete gains won in court and let schools spend unlimited amounts on coaches and facilities0:20:120:20:36.

Trahan's amendment striking the antitrust exemption, employment ban, and state preemption cited NCAA attorneys' 2024 invocation of the 13th Amendment's slavery exception in Johnson v. NCAA to argue athletes are more like prison labor than employees0:47:14; Fry's point of order that the amendment exceeded committee jurisdiction was sustained by the chair0:58:16.

Castor pressed counsel on whether the bill's preemption and liability shield would bar a sexually harassed athlete from suing under state law; counsel confirmed such a suit "would be subject to a motion to dismiss"1:06:041:06:55.

Roll call vote on Trahan's first amendment failed 10-121:19:03; her second amendment adding FTC/state AG enforcement and a private right of action failed 10-131:43:08.

Guthrie stated schools that violate the act would lose their antitrust exemption as the bill's enforcement mechanism1:25:16, but Trahan and Castor said the bill provides no clear process for who enforces violations or how1:26:190:24:57.

Fry criticized Trahan's enforcement amendment as a "trial lawyer protection amendment," noting roughly $500 million in attorney fees from the House settlement1:22:38.

Mullin proposed sunsetting the antitrust exemption after 9-10 years to force the NCAA to "prove" it deserves the shield, an idea Castor called "very smart"1:11:491:12:42.

Guthrie, questioned by Dingle and others, confirmed Title IX would remain fully in effect and take precedence over the bill's revenue-sharing formulas, though the bill contains no explicit Title IX reference0:54:210:54:31.

Mullin's fiduciary-duty-for-agents amendment, aimed at preventing "sleazy agents" from exploiting young athletes, was withdrawn after Bilirakis committed to work on the issue before the next markup1:48:231:51:15.

The bill was forwarded to the full committee on a 12-11 roll call vote1:56:39.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade
Chamber / CongressHouse · 119th Congress
Date2025-07-15
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript440 caption blocks · 16,087 words · 1:57:14 runtime
EventCongress.gov 118508