- 7 weeks ago
During a House Energy Committee markup meeting before the Congressional recess, Rep. Yvette Clarke (D-NY) spoke about a proposed amendment to the SCORE Act.
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00:01Okay, are there any further amendments?
00:03Yes, Ms. Clark, you're recognized.
00:07Mr. Chairman, I have an amendment at the desk labeled amend.
00:11You are recognized.
00:13Thank you, sir.
00:14My amendment is labeled.
00:16The clerk will report the amendment.
00:19Yeah, go ahead.
00:19Yeah, if you can discuss it with the.
00:22Yeah, I was going to tell him.
00:23Go ahead.
00:23Make sure that he knows which one you're talking about.
00:26Yeah.
00:27Okay, here we go.
00:29Okay.
00:29Okay, amend 4312-02-XML, underscore, excuse me.
00:38The clerk will report the amendment.
00:41Amendment to H.R. 4312, page 2, strike line 12 and all that follows through line 17, page 25, strike line 8.
00:51Without objection, the reading of the amendment is dispensed with, and the gentlelady is recognized for five minutes.
00:55Mr. Chair, I reserve a point of order.
00:56Mr. Chairman, the gentleman reserves a point of order.
01:00Thank you, Mr. Chairman.
01:01Mr. Chairman, I move to strike the last word to speak on.
01:03You are recognized.
01:05As I've said before, I'm deeply troubled by the antitrust exemption this bill would provide the NCAA and other athletic conferences.
01:12Let me remind you all that antitrust lawsuits brought by current and former players are the reason athletes have been able to achieve the gains of the last few years.
01:23And if history is any guide, the NCAA and other athletic conferences simply cannot be trusted with creating fear guidelines that protect college athletes and their abilities to profit from their own name, image, and likeness.
01:38We simply cannot turn to the same entities that created the broken, inequitable system of the past to serve as the stewards of a new system.
01:47We are already seeing the folly in this thinking play out with the newly created College Sports Commission, as proposed NIL deals are rejected out of hand due to its decision 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.
02:12And to pair this antitrust exemption with a broad preemption 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 NCAA and the conferences make serious mistakes is the wrong move.
02:30When 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.
02:42When college athletes die on the practice field because of heat stroke, something we have seen before, their families should be able to go to court to seek justice and to help make sure that this doesn't happen to other people.
02:55Let's empower college athletes instead of giving the NCAA everything on its wish list without regard to the consequences of doing so.
03:04With that, Mr. Chairman, I yield back.
03:08General, it yields back.
03:09Any further discussion on the amendment?
03:11Mr. Fryer, you're recognized.
03:12Mr. Chairman, I withdraw my point of order and I move to strike the last word.
03:16You're recognized.
03:16Mr. Chairman, I oppose this amendment because it would allow the current Wild West that college athletics has right now to continue to
03:24wreak havoc on our institutions and our student-athletes.
03:27The antitrust liability in Section 7 is necessary to provide stability and clarity for the athletic ecosystem.
03:36If they are constantly facing litigation, their budgets will change and this will lead to cuts in non-revenue generating sports.
03:43This protection is conditional with compliance with the SCORE Act, which allows interstate, intercollegiate athletic associations
03:51to create and enforce rules that are narrowly tailored to issues including NIL, transfers, and eligibility.
03:58The NCAA conferences and schools have voiced that they are not asking for a blanket liability shield,
04:04but they need room to breathe.
04:06They need that oxygen.
04:07The SCORE Act allows for this while still providing necessary accountability.
04:12Lastly, this bill needs strong preemption because a patchwork of state laws is unsustainable and leads to competitive disadvantages.
04:21Without this preemption, athletes in different states will face unequal opportunities, confusing standards and enforcement gaps,
04:29undermining both competition and the athletic programs themselves.
04:32I urge my colleagues to vote no, and I yield back.
04:36Any further discussion on this side of the amendment?
04:40Yeah, Ms. Kasser, you're recognized.
04:42Thank you, Mr. Chairman.
04:43I just, I have a few questions because this, this is a very broad preemption of state laws and then an antitrust exemption.
04:51And some outside groups have raised significant concerns that the preemption clause in the current draft,
04:58not only stops states from enacting or enforcing laws, rules, regulations, requirements, or standards,
05:04but it also allows any defendant to get lawsuits dismissed by asserting preemption.
05:10So I wonder is, counsel, is that the operation of the text of the current SCORE Act?
05:17Say, for example, if someone, if an athlete wanted to bring a claim for sexual harassment
05:24and state law currently allows them to do that, would the SCORE Act preempt them from being able to bring that kind of suit?
05:33Thank you for the question.
05:35Section 10 on page 29 reads that no state or political subdivision of a state may maintain, enforce, prescribe,
05:42or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force
05:50and effect of law that governs or regulates the compensation, payment, benefits, employment status,
05:57or eligibility of a student athlete, including a prospective student athlete,
06:01with respect to participation in intercollegiate athletics, including any law, rule, regulation, requirement,
06:08standard, or other provision that relates to the right of a student athlete to receive compensation
06:14or other payments or benefits directly or indirectly from any institution, associated entity, or individual,
06:22conference, or interstate intercollegiate athletic association.
06:25So is there a yes or no answer to my question?
06:28I think there's more.
06:29I tend to limit or restricts a right provided to an institution, a conference,
06:36or an interstate intercollegiate athletic association under this act
06:39and requires a release of or license to use the name, image, and likeness rights of any individual participant
06:47or group of participant in an intercollegiate athletic competition.
06:50Thank you, counsel, because I read the text, and it's complicated.
06:54That's why I want to just ask that simple question.
06:58And just one example is a sexual harassment issue, you know,
07:04which there have been many cases like that, unfortunately, across athletics.
07:09So would this preemption and the liability shield, would it bar a student athlete from bringing that kind of claim
07:18that is currently authorized by state law?
07:25As mentioned in Section 10, preemption section, it's as it relates to the bill.
07:31So is that a yes or a no?
07:36It's as it relates to everything aforementioned.
07:39So governing compensation, pay.
07:41What if there is a coach or a staff member sexually harasses a student athlete,
07:50and the state law says they can bring it, but the institution then, this has unfortunately happened as well,
07:59the institution punishes the athlete because they want to protect the coach,
08:07and that impacts their ability to receive compensation.
08:12Would a student athlete be able to bring that kind of case,
08:17or does it under this broad preemption and liability shield,
08:21would that suit never even make it, never see the light of day, be subject to a motion to dismiss?
08:28As mentioned, the preemption section 1, 2, 3, 4, and otherwise related to this act.
08:37And then at the end of the bill, there is kind of a catch-all provision that says that's very broad,
08:50is otherwise related to this act.
08:51So that could be very broad as well.
08:55So do you see my question, Mr. Chairman, on this?
08:59I think that this is, we need to be careful with a very, I think there is some interest in having preemption,
09:07but if you're also, I'm not interested in taking away the rights of student athletes that are sexually harassed, abused,
09:15or if there is another, say there's another cause of action for fraud.
09:19So, and I'm, I'm, the answer that I'm taking away from Council's answer is yes,
09:26that those kind of cases could be barred from, from.
09:30Well, let's, you know, I'll work with you on that, because obviously that's not the intent.
09:36Okay.
09:37So.
09:38Let's, let's, between now and the next markup, okay?
09:43I yield back my time.
09:44I appreciate that very much.
09:46All right, any further discussion?
09:47Yes, Mr. Soder, you're recognized.
09:51Thank you, Mr. Chairman.
09:53We all could agree college sports are fundamental to our American way of life.
09:57And I agree we do need consistent rules of the road for name, image, and likeness in college sports,
10:04otherwise known as NIL.
10:06And I agree we should have a revenue sharing pool to help out with these many sports.
10:12You mentioned that 16 different sports will be protected.
10:15In addition, authorizing NIL rights for students is critical.
10:22And access to medical coverage, academic support, and scholarship protections, all important.
10:28However, exempting student athletes from state and federal labor laws proves fatal.
10:33When we're looking at the limited liability conditions, those are also concerning.
10:39This bill creates an official statutory monopoly for the NCAA after the Supreme Court struck that down.
10:45And while I'm supportive of that general principle, I don't think enough is given in return by way of duties to give this fundamental distinction of being a monopoly.
10:57This bill bans student athletes from First Amendment rights to form unions, also guaranteed by the National Labor Relations Act.
11:08I constantly hear we should be making government more like the private sector.
11:12Well, every major sports league has a players union.
11:18America loves our college sports.
11:20We love our college athletes.
11:22And so let's ensure that our student athletes, they have basic rights, like the right to organize.
11:28The ability to negotiate and better liability rules will ensure this bill will be more flexible to the many challenges we foresee today
11:36and that we don't foresee in the future and also make it more likely that this bill becomes bipartisan and lasting.
11:44And so I'm deeply concerned today, but I'd like to get to yes, like a lot of us here today are talking about,
11:52whether it's the issues that are brought up by many of my colleagues or this one point.
11:57And so I'm hoping, Mr. Chairman, we can continue to work on this and maybe get a bipartisan product before we get to the full committee market.
12:06And I yield back.
12:09Is there any further discussion?
12:12Yes, Mr. Turhan, you're recognized.
12:15Thank you, Mr. Chairman.
12:17I move to strike the last word.
12:18Yeah, move to strike the last word.
12:20And I just want to put a little bit of punctuation on what we're giving away and the process by which I would argue we should undertake before doing that.
12:33I mean, I have a hard time believing that if we grant the NCAA and powerful conferences the sweeping antitrust exemption that currently exists in the bill,
12:42Congress is going to come back and revisit it if they overreach.
12:47I mean, once we give this shield to an organization like the NCAA, we won't get that power back.
12:53I would suggest that at the very least, the very least, we more narrowly tailor this exemption to precisely what's in the house settlement,
13:02which is what the association initially asked for and that we institute a sunset provision.
13:11We can make it 10 years to coincide with the expiration of the house settlement.
13:15We could make it nine years to line up with the NCAA's next media rights negotiation.
13:21Either way, let's make them prove to us that they deserve this shield.
13:26It will be a check on their power and a way for Congress to address issues that arise in college athletics over the next decade.
13:35I yield back.
13:39The gentle lady yields back.
13:42If there's no further discussion, Mr. Pallone, you're recognized for five minutes.
13:45Strike the last word.
13:46I yield now to the gentleman from Florida, Ms. Castor.
13:49Thank you, Mr. Pallone, for yielding the time.
13:51And I just wanted to say to Rep Tran, that is a great idea to sunset something that would kind of keep the pressure on the NCAA to do the right thing.
14:03That would keep Congress involved, our appropriate oversight authority.
14:09And Chairman Bill Rackis, was a sunset considered before?
14:13We could always come back and review it next year without putting the sunset clause in there.
14:20It's not in there now at this particular time.
14:22Okay.
14:22I was curious about that.
14:24I think that is, I think that's, that would be very smart.
14:27Also, Mr. Chairman, I wonder also, what is contained in the bill that encourages or incentivizes student athletes to actually get their college education?
14:43I, I'm, I'm just curious, a lot of folks at home when they say we're dealing with NIL and student athletes, a lot of people comment to me and say, you know, I'd really hope that, that student athletes are not just professional athletes, that they are student athletes and they have the ability to, to attend school.
15:07They're not just focused on sports, but they're, that they, that they, they are able to obtain their college degree or, or, or, and that's certainly our goal.
15:16When you read the bill, there is language in there, encouraging our amateur athletes, that's what they are, and that's what we want to keep is the amateur status.
15:28But there is language in there, incentivizing, encouraging, and helping with, with studies, with life lessons, what have you.
15:40So I, I believe that there's adequate language there, incentivizing these athletes, because after all, that's what they're there for, is getting a good education.
15:50So, if you'd like to, if you can read the bill, I'll be happy to work with you, possibly to strengthen it, but I think it's adequate.
15:58Can the, can the council point, I'm curious, because I read through it, and what, what can I share with folks back home that ask this question?
16:09What, what is in the SCORE Act that really incentivizes or encourages student athletes and institutions to focus on the education of, of the students?
16:20Thank you for the question, ma'am.
16:22I believe that would be a policy question, but section five has certain requirements applicable to certain institutions, which includes providing comprehensive academic support and career counseling services to student athletes that include life skills development programs with respect to mental health, including alcohol and substance abuse, strength and conditioning, nutrition, name image likeness rights, including related legal advice, financial literacy, including taxes,
16:50career readiness, career readiness, career readiness, and counseling, the process for transferring between institutions, sexual violence prevention, subsection two provides medical and health benefits to student athletes.
17:02Okay, thank you, thank you, counsel.
17:03So, what I'm taking away that, that you agree that that is an important goal, and maybe we can work together to kind of hone in, as we're going to be working with the other committee, as well, kind of hone in and see what kind of, what else we can be doing to encourage,
17:19that these student athletes, that these student athletes have every opportunity to attend class, to get their college education, and to obtain their degree.
17:28That's, that's the goal.
17:30Okay.
17:31That's definitely the goal.
17:32Okay, thank you.
17:33I yield back.
17:34Yeah, and our side wants to work with you on that as well, but again, you know, amateur athletes, and so you want employment, all due respect, but then you want the amateur athletes,
17:48and the goal is obviously the priorities for them to get a good education.
17:53So, I'll be happy to work with you on it.
17:55Anyone else?
17:59Yes, the chairman of the full committee.
18:02Is that correct?
18:03Oh, I thought you had your hand up.
18:07I guess you didn't.
18:08All right.
18:09No problem.
18:10Yeah, you talk with your hands like I do.
18:12Anyone else here?
18:14All right.
18:15Let's go ahead and if there's no further discussion, the vote occurs on the amendment.
18:20All those in favor shall signify by saying aye.
18:24Aye.
18:25All those opposed, nay.
18:27Nay.
18:28Nay.
18:29Okay.
18:30The nays have it and the amendment is not agree.
18:32Okay.
18:33The chair.
18:34Okay.
18:35The chair requests a roll call vote.
18:37No.
18:38The general lady requests a recorded vote.
18:41The clerk will call the roll.
18:44Mr. Fulcher?
18:46No.
18:47Mr. Fulcher votes no.
18:50Mr. Dunn?
18:51No.
18:52Mr. Dunn votes no.
18:54Mrs. Kamek?
18:55No.
18:56Mr. Obernolte?
18:58No.
18:59Mr. Obernolte votes no.
19:00Mr. James?
19:02Mr. Bentz?
19:06No.
19:07Mr. Bents votes no.
19:08Mrs. Houchen?
19:09Mrs. Houchen votes no.
19:11Mr. Fry?
19:12No.
19:13Mr. Fry votes no.
19:14Ms. Lee?
19:15Mr. Kane?
19:17No.
19:18Mr. Kane votes no.
19:19Mr. Evans?
19:21Mr. Evans votes no.
19:22Mr. Evans votes no.
19:25Mr. Goldman?
19:27Mr. Goldman votes no.
19:29Oldman votes no. Mr. Guthrie? Mr. Guthrie votes no. Ms. Schakowsky? Aye. Ms. Schakowsky votes
19:37aye. Ms. Castor? Aye. Ms. Castor votes aye. Mr. Soto? Aye. Mr. Soto votes aye. Mr.
19:46Han? Aye. Mr. Han votes aye. Mr. Mullen? Mr. Mullen votes aye. Ms. Clark? Ms. Clark votes
19:54aye. Mrs. Dingle? Mrs. Dingle votes aye. Mr. Vesey? Ms. Kelly? Ms. Kelly votes aye. Ms. Schreier? Ms. Schreier votes aye.
20:05Mr. Pallone? Mr. Pallone votes aye. Mr. Bilirakis? Mr. Bilirakis votes no. And I believe
20:14Ms. Lee, how is Ms. Lee recorded? Ms. Lee is not recorded. Ms. Lee votes no. Anyone else
20:22on the Democrat side? Anybody on the Republican side? Okay. The amendment is not agreed to.
20:29Well, you can call. Yeah. You can tell us exactly. The yays and nays, please. Mr. Chairman,
20:35on that vote, there were 10 ayes and 12 noes. Okay. The amendment is not agreed to.
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