Legislative Session
Mr. President, I came down here to talk about AI. But before I give those remarks, I cannot let the comments that were just made on the floor go unrebutted point by point. I have utter frustration. There are a few things in this bill that…
Mr. President, I came down here to talk about AI. But before I give those remarks, I cannot let the comments that were just made on the floor go unrebutted point by point.
I have utter frustration. There are a few things in this bill that are worthy of trumpeting. But to be on this floor and say all of this, that this is about protecting athletes, I ask one simple question, Why isn't one athlete group in this country, not one of the groups that represents athletes, trumpeting the greatness of this bill?
They all know this bill undermines their rights, undermines their collective bargaining, undermines their health and safety, creates an unequal playing field for them relative to the other money interests in this bill, including the coaches.
I came down here to speak about AI, which I will do in a moment, but I need to get more into the specifics because it is outrageous to come down and talk about a bill being good for athletes when athletes themselves all over this country, every organization that represents them, condemn this bill. And it is not just the athletes; it is the parents of athletes that have died because of the NCAA and what they are doing.
Kids that have died of heatstroke. Kids that have been crippled by injuries. Their parents collectively have written letters to this body: Don't let this bill pass.
But let me get to specifics. One, this healthcare fund. There is in this bill this idea that even 5 years of healthcare after your playing years, and a fund set up of roughly $100 million. But you know that there are tens and tens--hundreds of thousands of college athletes, many of them have crippling injuries, a fund like that is inadequate for their healthcare needs. Put that relative to what professional sports do, and you will see that it is shortchanging athletes' well- being.
On this idea, secondly, that this bill somehow enshrines NIL rights, this body did nothing for generations while name and likeness was being stolen from players. Players were being exploited. This body did nothing.
But as soon as athletes start winning in court, their NIL rights-- suddenly Congress swoops in and is saying that we are saving their NIL rights? That is a lie.
The reality is, they don't need Congress' beneficent actions to give them NIL rights. They have earned them in the courts. What this bill actually does is, it takes away rights for them to legally challenge anything that the cartel of the NCAA does. That is why the AAJ--the trial lawyers--are against this because it undermines their ability to win more court cases in the future.
Other things that are not true being said--this outrageous claim that this is somehow protecting women's sports. Well, then why didn't they permanently enshrine protections of women's sports in Olympic sports? Why in section 125 do those protections expire, 4 or 9 years down the line? Why?
You are giving permanent antitrust exemptions to one of the most notorious monopolistic cartel organizations that has actually hurt women athletes, and you are allowing the protections for Olympic sports and the protections for women athletes to expire. Make them permanent then, if you are caring about that.
But you are giving permanent protections? Permanent antitrust exemptions? That is outrageous.
This idea that you are protecting women's sports, to me it falls flat when you read section 125 of this bill.
This bill talks about what it is doing for Black colleges. There is nothing more insulting to me, as someone who has fought for HBCUs. This bill--don't be fooled--doesn't put a dollar into HBCUs. It authorizes money. I have been in the Senate for 13 years. I have seen authorizations happen but no money go to those institutions.
If this was real, that HBCUs were going to benefit, appropriate the money. Don't dangle out millions of dollars and say ``Get on board on this bill'' and then be left in a situation where folks aren't getting those resources.
Let me say next, this transfer sensibility. That is the quote I heard. This brings transfer sensibility. Well, I will tell you this right now. If transfer sensibility is so important for players, why isn't there transfer sensibility for the coaches? How can you allow coaches to come in a year to a school, lure athletes to their teams, they have success based upon athletes' performance, and then they can go and get the next high-paying job?
This is the extraordinary problem with this bill, that it has one standard for players and another standard for coaches.
And this idea that this bill somehow prevents a race to the bottom. Well, you all know that there are about 15 coaches that have over-- almost a $250 million buyout provision. And I have heard on the floor now that somehow this is going to stop the race at the bottom. It doesn't do anything for private institutions. From Notre Dame to Stanford, it doesn't touch the race to the bottom there.
It doesn't touch the race to the bottom for facilities. I was a college athlete. It doesn't stop schools from rolling out greater facilities. Where is the equality in this bill that is so-called helping college athletes where every college athlete organization is against it?
Let me give you another example. This idea of disclosure requirements on athletes for their NIL deals and the like.
Why aren't there disclosure requirements on coaches? This bill puts redtape between athletes and their opportunities to make money, but doesn't put the same redtape between coaches. Somehow, we need transparency with athletes, but it is not with coaches. Coaches don't have disclosure requirements.
Why are you treating that elite class differently than you are treating athletes? That is not true.
I can go on and on and on, and I will. I will come back to this floor. I will do interviews. I am going to make sure people know the facts about this bill.
Because when this bill passes, and Donald Trump and Ted Cruz and others get what they want, athletes are going to be out of luck. And when 4 or 9 years pass and Olympic sports are being cut and women's sports are being cut, a lot of people in here are going to forget the shortcomings of this bill, but I will not, and nor will athletes.
This bill is a threat to college sports. It is a threat to college athletes. That is why every major organization is against it. I have more details. I will come down here and read paragraphs of this bill. I will do everything possible to put on the Congressional Record why this is a betrayal of college athletes, their safety, and their well-being.
And I am not saying there are not good things in this bill. I am not saying there are not things that have been incorporated that are important. But time and time again, it comes up short. A better deal for the universities. A better deal for the wealthy. A better deal for coaches. But athletes? They get the short end of this.
And that is why folks are out here doing everything they can. Athletes' groups, civil rights groups, trial lawyers, so many are saying: This is wrong. We can do better.
Why are we rushing to this bill when the No. 1 issue in America right now is rising costs? Rushing to this bill, 47 days before an election, makes no sense to me.
Why college athletes have not been involved with this, or their organizations, makes no sense.
I would like, in the record, that my now remarks on AI be separated from these reactionary remarks to the stuff that is being said that doesn't hold true with the text of the actual bill.
Thank you.
And before I go, if there is anybody on the floor, I will pause for a question on this issue. If anyone wants to do a colloquy, I will.
Thank you. This is what the Senate should be about.
Mr. President, I just want to remind that I paused for a question, not a speech.
I did not yield the floor. I am pausing for a question.
Senator, is there a question here?
I would like to answer the Senator's question.
She is talking about enshrining in law this idea of revenue sharing. Time and time again, even to the Supreme Court, when conservative Justices joined with Justices appointed by Democrats, they have affirmed college athletes' power. They have gotten power through the courts. What this does is it heads off their legal abilities by enshrining these laws.
``Let it play out in the courts'' is what every athlete organization is saying. Why are you trying to suddenly be concerned about college athletes and enshrine things that we are winning in court case after court case. This is the hypocrisy here.
For years and years and years, I have watched my own image on Madden's video game--my own image--and never got paid for that. And now athletes bring it to the courts and win, time and time again?
And now my colleague says: Oh, we want to rush and help athletes.
That is why the colleges and wealthy donors are really excited about this bill. It is because it is going to make sure that the future lawsuits are cut off, that they have all the antitrust exemptions.
Why do you think you see that the trial lawyers organizations and others who have been representing college athletes in getting them some modicum of justice are not in favor of this bill? That is rich.
We don't need your help. Athletes groups don't need your help. They don't want it. They haven't asked for it. But yet, somehow, you think you are helping them, but who you are helping are the wealthy colleges.
Are there any other questions before I move on to my remarks about
I would respectfully say that I yielded for a question.
So if that is the question, do I recognize the court case--
A settlement agreement.
We are inserting ourselves between the parties to say that we know what is better than athletes being able to negotiate for themselves.
You see, I paused for a question because I thought my colleague was going to try to stand up and defend section 125 because she spoke very passionately, my colleague, about protecting women's sports. Well, again, the simple question is, Why do things that protect Olympic and women's sports expire? Why does that expire and not the permanent antitrust exemptions we are giving a cartel--a monopolistic organization--that is violating the rights of women consistently? That is indefensible.
I will yield for a question.
If that is the Senator's question, I am going to simply say again that I have so much respect for my colleague.
She has worked so hard on this bill, and she has worked so hard. I don't think it is done yet. I think she would admit that there are things that we can improve. She is an extraordinary legislator, and I am sure she would admit that this bill isn't perfect and that more can be done, especially on the equity and treatment of athletes over coaches. I am sure she would say that because she said it to me. This is an extraordinary legislator on the Democratic side who has been leading this. I have reverence and respect for her.
I played college football. I talk to college football players all the time. I go back and talk to college football teams. I am very involved in the space. I wouldn't be here if it weren't for being a High School All-American who got an unbelievable shot at a full scholarship at Stanford.
What doesn't seem to be understood by folks is that athletes right now all across this country and their organizations are begging for this bill not to pass.
What we are doing here in Congress is truly exemplary. We are giving a permanent antitrust exemption that, as conservative Justices have said, is not seen in other areas of enterprise in the United States of America--rarely seen--and we are giving few rights to athletes but that of ``Oh, you can sue.'' Well, as a guy who played and who was competing for a starting tight end position, am I going to sue my school?
I have seen all of these posts by athletes saying: You have got to be kidding me. My coaches tell me to play injured. I do that. I don't sue them, when they are clearly not concerned about my well-being.
Athletes have been winning in court, and now we are coming in and taking away their leverage, their bargaining power. We are settling issues that are still open. Hey, I would actually respect it if they said ``You know what, we are going to give a 10-year antitrust exemption and come back and revisit this,'' but, no, they are giving it permanently.
Nobody can justify to me--nobody can--as to why college coaches don't get the exact same treatment in this bill as people who are playing on the field; why they can transfer willy-nilly; why they don't have to disclose all of their side's endorsement deals. Why are you treating the college kids differently than you are treating the coaches if it is all about the money?
I am going to come down more and talk. I didn't intend to do that today. I would like to move to a separate place in the record and talk about why, with urgency, I came down here. But as a guy who played ball, I can't let this go without putting as much as I can on the Record. I was planning on coming down here, and I will. I will read sections of the bill and talk about why
they are so outrageous, but let me get on with my remarks, separating them in the Record.
Here we go.
Artificial Intelligence
Mr. President, article II, section 3 of the Constitution gives the President power, on ``extraordinary occasions,'' to convene both Houses of Congress. The last time a President used that power was Harry Truman in 1948--78 years ago.
We find ourselves in such an extraordinary moment. We find ourselves in a moment that demands this kind of action. The safety of artificial intelligence systems demands urgent attention. The President should immediately convene Congress to address it. This is not a moment for panic or despair; it is a moment for government to govern, to protect the American people, and to prepare soberly for risks before they become crises.
Presidents have invoked this authority at moments when the stakes were extraordinarily high--from the earliest days of the Republic through periods of war, economic crisis, and national emergency. That is the purpose of this power that is spelled out in the Constitution: to bring Congress together when circumstances demand it and to give the country the full attention of its elected government.
Congress will soon leave Washington for 2 months. Artificial intelligence will not recess. The technology will continue to advance, the risks will continue to evolve, and the consequences of getting this wrong will not wait for Congress to return. This should stand above petty partisanship. It should be about one thing--putting the safety and security of the American people first.
I want to focus on three challenges, the three challenges before us now.
First, we must protect against potentially catastrophic harms.
Serious people, including the researchers and leaders inside the companies developing the most advanced AI, are warning about dangerous biological or cyber capabilities and the emergence of systems that behave in ways humans cannot reliably predict or control.
We do not know whether the most catastrophic scenarios will ever occur, but when credible experts warn of consequences, this grave, responsible government does not panic, but it does not dismiss them either; it goes to work.
Second, we must confront the harms happening right now.
Americans are already encountering AI through increasingly sophisticated scams targeting seniors and families, mass surveillance, threats to privacy, disruption in the workplace, and systems that can affect the prices people pay. The future risks of AI demand our attention, but so do the people being harmed by it today.
Third and final, we must seize the extraordinary possibilities this technology offers.
AI could help scientists discover lifesaving drugs, detect diseases earlier, accelerate scientific breakthroughs, transform education, increase the productivity of American workers, help small businesses compete, and give millions of people access to capabilities that were once available only to those with wealth and power, but none of these positive outcomes are possible without action by the government to make sure AI is safe, trusted by people, and that its benefits are broadly shared.
AI cannot become another chapter in an old story where extraordinary new technologies create extraordinary new wealth and power for a small number of people while working Americans are asked to absorb the disruption, bear the costs, and wait patiently for the benefits to reach them.
I have been calling for safety interventions for years. In July 2023, I wrote to the White House about the future of AI and what we should do as a country to prepare for it. It was clear to me then that we were seeing the early sparks of a technology that could have profound effects on our society, our economy, and our security.
Back then, I advocated for rigorous predeployment testing of advanced models, independent evaluations and audits, incident reporting and investigation, supply chain security, international coordination, and the need for a careful and disciplined approach to the pace of AI development.
I think, in addition, which I talked about, we should establish whistleblower protections for lab employees, strengthen requirements for securing frontier model weights, establish a National Transportation Safety Board-like entity for investigating AI incidents, prepare for the potential emergence of AI systems capable of autonomously improving themselves, preserve States' ability to protect their own people in the absence of meaningful Federal standards, reject antitrust exemptions that hurt customers and competition, and, yes, put the brakes on the development of capabilities whose risks outrun our ability to manage them.
Look, Americans feel beat down right now--forgotten--and that feeling is justified. Prices are up for rent, food, utilities. Hiring is flat. We have a government that moves too slowly to deliver what people need and corruption that moves too fast to protect the people. And now Americans are seeing multitrillion-dollar firms building technology that they say will exceed humans at all cognitive and physical tasks. Their anxiety is warranted, and it cannot be set aside. It cannot be dismissed like Donald Trump is doing in calling it a hoax. Americans are demanding that we act. They are demanding leadership. And we must deliver.
We have a rare convergence of early warning signs, practical options that are available, and a growing consensus for action, including among the American people, who understand what is at stake and are rightfully demanding that policymakers stand up.
In my letter to the White House more than 3 years ago, I closed by emphasizing the importance of human agency, our collective responsibility to decide what role this technology should play in our lives rather than letting the technology or its developers decide for us. That profound responsibility remains ours today.
I will always be a prisoner of hope. I will never let despair have the last word. I know how technology can lift people up. I have lived it. My dad came from humble beginnings and became one of IBM's top salesmen. But we will only unlock the promise of this technology if it is done in a democratic fashion wherein the people decide, not tech billionaires or trillionaires and not Donald Trump.
And it is ridiculous that the House of Representatives decided to pack up and leave town. Again, AI will not recess.
These issues demand our urgent attention. It is time for a special session of Congress. The time is now.
Vote on Motion
