Despite criticism, college sports bill codifying NCAA rules clears first procedural hurdle
A bill in the U.S. House of Representatives that would codify critical aspects of college sports has cleared its first procedural hurdle − albeit along party lines, and despite pointed questions about its impact.
At a markup hearing on Tuesday, July 15, the Subcommittee on Commerce, Manufacturing, and Trade voted to advance the college sports bill − known as the "SCORE Act" − to a full committee hearing, moving it one step closer to a potential vote on the House floor. The vote to advance the bill was 12-11, split along party lines.
While the outcome of the markup will be welcomed by the bill's proponents, including subcommittee chair Gus Bilirakis, R-Fla., it also came with plenty of pushback − both in the 24 hours prior to the hearing, and during it.
Rep. Lori Trahan, D-Mass., was among those who spoke out most frequently and ardently against the bill, which includes antitrust protections for the NCAA and federal parameters around name-image-and-likeness (NIL) deals, among a number of other provisions. Trahan, a former college athlete, proposed several unsuccessful amendments to the legislation and expressed concern that, as written, it would put too much power in the hands of the NCAA, at the expense of athletes.
"There is no enforcement mechanism. There is no recourse, right now, for states or for individuals. There is a liability shield into perpetuity, with no susnset, no revisiting by Congress," Trahan said of the SCORE Act (Student Compensation And Opportunity Through Rights and Endorsements).
"So I want us all to understand that deeply before we go ahead. Because it doesn't feel pro-player, to me. It doesn't feel like this is an extension of athletes' rights. It feels like we're putting a couple of modest player protections into a bill based on what we know right now, and not being able to revisit it later and not giving them tools to advocate for themselves."
Trahan's remarks echoed some of the criticism levied against the bill on July 14, ahead of the markup. Several union groups, including the unions that represent the five largest professional sports leagues in the United States, released statements opposing the bill, as did Sen. Maria Cantwell, D-Wash., who is the top Democrat on the Senate Commerce Committee.
"“If you thought the dissolution of the Pac-12 was a heist, the SCORE Act is the National Championship of all heists," she said in a statement accompanying a letter to House subcommittee leaders, which was co-signed by Rep. Michael Baumgartner, R-Wash.
Proponents of the bill, meanwhile, argued during the markup that the SCORE Act is the best avenue to restore order and structure to an increasingly chaotic college sports landscape.
"This legislation will ensure that the integrity of college sports is maintained, while leveling the playing field and providing nationwide consistency," Rep. Brett Guthrie, R-Kentucky, said.
Following the subcommittee's markup, the bill will now be put up for discussion before the full House Committee on Energy and Commerce. Rep. Guthrie said some of its provisions and impacts, including its potential impact on gender equity and Title IX, will receive further discussion from the Committee on Education and Workforce.
After passing through those committees, the bill would then be eligible for discussion and a vote on the floor of the House. But it would likely face more questions and criticism in the Senate, where the Republicans hold a slim majority and Democrats have repeatedly expressed concerns about bills that grant too much power to the NCAA.
"Now, I remember School House Rock, right? 'I'm just a bill, yeah, I'm only a bill, I'm sitting here on Capitol Hill,'" Southeastern Conference commissioner Greg Sankey said July 14. "So congratulations; we have a bill on Capitol Hill that is sitting and requires a great deal of more work. But I think the bipartisan effort represents an indication that college athletics, just as it does in football stadiums every Saturday can bring people together for conversation, and we hope the restoration of national standards for college athletics."
Contact Tom Schad at tschad@usatoday.com or on social media @tomschad.bsky.social.