House subcommittee forwards SCORE Act after contentious debate over antitrust shield, state preemption and enforcement

The House Energy and Commerce subcommittee considered H.R. 4312, the SCORE Act, on Aug. 6 in a markup that featured sharp debate over whether the bill gives the NCAA and athletic conferences an undue antitrust shield, whether it would preempt state laws that currently protect college athletes, and how enforcement of athlete protections would work.

Subcommittee Chairman Bill Raukes opened the session by calling the markup and describing the SCORE Act as “a comprehensive bipartisan solution that upholds the integrity of college sports and strengthens protections for student athletes.” Ranking Member Jan Schakowsky responded that she was “concerned” the bill “is not the one that will actually do what we need to do to protect our athletes,” saying lawmakers should refocus the text on athlete protections rather than giving power back to governing bodies.

Why it matters: supporters said the bill creates a single federal framework to replace a fragmented patchwork of state laws and court rulings, while critics — including members of both parties — warned the legislation would limit athletes’ access to courts and state protections, broaden NCAA authority, and leave enforcement gaps if institutions fail to honor commitments.

Most important facts

- The subcommittee called up H.R. 4312 (the SCORE Act), dispensed with the first reading, and opened the bill to amendment.

- Members debated three central issues throughout the markup: (1) an antitrust-liability limitation that would treat compliance with the bill as lawful under antitrust law; (2) broad preemption language that would displace state laws “related to” compensation, payments, employment status or eligibility of student athletes; and (3) enforcement — whether…