Legislative Session
Reserving the right to object, can we modify that and ask for an additional 20 minutes so the Senator from Texas and I can also be heard? Madam President, I know the floor has been busy this afternoon with people discussing the Protect…
Reserving the right to object, can we modify that and ask for an additional 20 minutes so the Senator from Texas and I can also be heard?
Madam President, I know the floor has been busy this afternoon with people discussing the Protect College Sports Act, and I want to thank all my colleagues for participating in a debate.
That is what this institution is supposed to be about. It is supposed to be about an amendment process, and it is supposed to be about a product that comes out of committee, and it is supposed to be about our colleagues showing up. So I want to thank my colleagues, particularly Senator Booker and Senator Murphy, who came to the floor to express their views on this bill.
I want to thank both of them. You know, I certainly agree with Senator Murphy on his long-standing effort to think about collective bargaining in college sports. He has been very outspoken on that for many years. And I want to thank Senator Booker for working with me for many, many years on this issue, and that doesn't mean that he still doesn't have reservations, but it means that he is committed to this issue writ large.
But we do see a different conclusion here tonight. And I want to thank my colleagues for passing a bill out of committee and now getting it to this threshold because, unlike my colleagues' comments before, there are several things in this bill that are really important to enshrine into Federal law at this time.
First and foremost, the Federal right to NIL and making sure that it is not State laws that have been quite onerous on athletes--that is, laws that say if you conflict with your university, your university wins and if you conflict with other issues, you don't get NIL. So creating a Federal standard is very important.
But compensation on revenue sharing is probably the most important thing we could possibly enshrine in Federal law today. This is saying, for the first time, that an athlete gets a percentage of the media rights, the ticket sales, and the sponsorship.
That has not been said before in a court case decision. It was agreed to in a settlement agreement--in a settlement agreement called Grant House v. NCAA. Now, that settlement agreement has had its ups and downs, and I hope it prevails, but I know this: We can put into Federal law that enshrinement so that the Senate is clear.
My colleagues have said: Why do this now? Well, because there was a difference of opinion, and even Justice Brett Kavanaugh, in the decision of NCAA v. Alston by the Supreme Court, said: Yes, I think athletes deserve a recognition of revenue, but Congress could step in and change that.
And my colleagues may know that the House of Representatives did try to change that. The House of Representatives did try to pass a bill that said: No, they don't deserve revenue sharing. They don't deserve revenue sharing. That is the bill the House came very close to passing.
And so tonight, we are taking a monumental step that I agree that maybe not all 100 people agree on, but I think the majority of our colleagues agree on these two principles that the Supreme Court also has spoken to, but that we are now putting in a Federal law because, as Brett Kavanaugh said, Congress could change its mind. Congress could do something differently. But tonight, we are speaking. We believe in these two things.
We also believe in a health and safety standard in Federal law, one that protects the athletes beyond the way the law works today and gives them the right to sue and hold these people accountable for any kind of health and safety violations.
This is something that my colleagues Senator Blumenthal and Senator Booker and I and others worked on diligently, and we want to continue to make sure it is enshrined in this statute. And then medical coverage for 5 years post-eligibility and capping agents' fees at 5 percent.
So my colleagues have said: Why do this? Why do this now? Well, that is because 94 percent of the DI--that is the biggest division of athletes; there are three divisions, and then other associations--94 percent of those DI programs are in the red. So that is a pretty big issue.
And the reason why it is so frustrating is there are four schools just in the State of Virginia that are putting exorbitant tuition fees on their students just to pay for college education. There are people that are cutting science programs, cutting professors, cutting other programs just to pay for college sports when, in reality, we need all those to beat China and compete--and not have an arms race in sports.
So right now, the median debt for schools in the Big Four conferences--their median debt is $120 million. What are they doing? Now, I know everybody would like to blame it on coaches, and I guarantee you there are a few coaches that need to get called out. But the main reason for this is not because we are paying athletes. It is not because we have all agreed that they deserve to have part of this revenue. This number exists because there are no sound rules that prohibit an arms race from taking place and people who are billionaires
and millionaires putting any amount of money into their school program. And our bill fixes that and creates rules across the board for everyone to follow, so that we don't have this exorbitant arms race.
Now, I will be the first to admit there is more to do on stadiums. There is more to do on other aspects of spending college sports. But we need to pass a bill tonight because we need to stop stealing money out of college and university institutions for education, for tuition, for professors, and putting it into an arms race on sports.
It is time to make sports about playing sports again and not about the money. So this bill stops the cuts to women's and Olympic sports. Why? Because who is paying the bill right now?
The No. 1 person paying the bill is a hundred programs and a thousand women and Olympic athletes because they don't make money, so the easiest way to save money in an institution is to cut them right now. And so we are trying to stop that. Our legislation says, yes, we are willing to give the college teams an antitrust exemption to pool their media rights and make more money, but only if they protect women's and Olympic sports. And just to be clear because there is a little misunderstanding about this: You don't get to have the antitrust exemption and then later cut these programs. You only get the antitrust exemption if you keep the women's and Olympic sports.
If you don't do a pooling of media rights, we also have a provision for the next several years that makes people keep their women's and Olympic roster slots--so very important aspect of the bill.
There is this big complaint about the amount of money going to coaches, and I welcome any discussion about how to fix this issue. And I want to thank my colleague Senator Lujan for the brilliant amendment that he offered in committee because, basically, it says you can only pay a coach--with fees from the education system--$500,000 a year and if you want to pay them any more than that, you have to go get somebody in the private sector to go pay that. So we are not going to be held hostage, as taxpayers, to these coaches' salaries. And in addition, we make it a requirement that you cannot transfer in the middle of the year.
Now, a lot of people have said: Well, what are you going to do about the HBCU infrastructure because they are part of Division I football? You know, the SEC and others came along and said: Oh, just kick them out of Division I. We are like: No, that is a really bad idea. We are not going to push them out of Division I football. We are going to grow their capabilities in communication because, just like other people, they want their games seen, they want their broadcast, they want their broadband, but they don't have it. So this bill includes a $900 million authorization to help upgrade the schools that have been most impacted without the communications capabilities.
A lot of my colleagues would say: Well, where is that student athlete support? I am very excited about a commission that we create in this bill to hear more from student athletes. But student athletes and their committees--and these are all the letters from student athletes from various conferences across the United States.
Madam President, I ask unanimous consent that those letters be printed in the Record.
So the American Conference Student Athletes Advisory Committee, Rocky Mountain Athletic Association Student Athletes Advisory Committee, American Rivers Conference Student Athlete Advisory Committee, the New England Conference Student Athletic Advisory Committee--I could keep going and going and going.
So there is support by athletes for this bill, but it is also endorsed by the United Negro College Fund because they believe that this bill will help stabilize one aspect of DI football that is really challenging, and that is the system.
It is also endorsed by the U.S. Olympic Committee, and the reason it is endorsed by the U.S. Olympic Committee is because they know we are going to help preserve Olympic sports. Now, what are we going to do when we have the next Olympics or the one after that and you literally have not trained and skilled the athletes? Some of our biggest institutions are the ones who provide 70 percent of these athletes, and so if we don't stabilize and say ``stop cutting women's and Olympic sports,'' then we are going to be standing at an Olympics where we are not winning and going to ask why.
I didn't want to deal with this issue, but when a kid from my State-- from a famous part of our State, White Pass, where the Mahre brothers won gold skiing in the Olympics because they grew up on that pass-- basically, this kid couldn't snowboard for us and went and snowboarded for Russia and won medals. I was like, this is a problem. So I am not for us losing in the Olympics because we undermine college athletics in an arms race because we don't want to put rules in place.
So the Thurgood Marshall Fund also supports this. Team USA athletes all support this.
And it is just time for us to get this issue over the top. That is really what we are talking about. It is not the final solution. It is putting a pin in the problems to stabilize the loss of women's and Olympic sports and to create the opportunity to discuss the larger structure moving forward. That is why I think we have so much support. It doesn't mean that we have solved every problem, but it means that we are on our way to solving the problems that exist and preserving the opportunities for the future.
So let's get it over the top. I am very proud of this athlete, and she is a perfect example. Okay. She is No. 1 in the world right now, and she is the pole vaulter at University of Washington.
But what if we continue to undermine the efforts of women's and Olympic sports? What if she doesn't have
that roster slot because we are too busy letting billionaires run the race and basically leave people behind? That is not what sports is about. It is about, any given day, the competition. So let's get back to playing sports again, and let's pass this legislation.
Madam President, I suggest the absence of a quorum.
Mr. President, speaking in opposition to the amendment, this would simply strike the entire bill and give a major antitrust exemption to the NCAA to write whatever rules they want.
I think all of us can agree here that this process isn't working with the NCAA, and Congress has intervened to set rules.
I want to applaud our colleagues for the 96-to-1 vote we just had on the Baldwin-Schmitt amendment--a very complicated part of the law, but nonetheless we can all agree. So it says to me this body can figure this out.
I urge our colleagues to continue and not strike the majority of the bill but implement it so we can get on at protecting college sports.
I urge a ``no'' vote.
Vote on Amendment No. 6758
Mr. President, urging my colleagues to support this amendment. There is nothing in the bill that says that you have to take one from the other. What this bill is about is being responsible to athletes and responsible to their injuries.
I think the Senator from New Jersey has articulated, as we know from anybody here who is on the Senate floor who is a physician, that this does happen to people much later in their lives, and they are dealing with it. This is the responsible thing to do, to set up
this fund; and it is the responsible amount that the Senator from New Jersey is suggesting. I urge a ``yes'' vote.
Vote on Amendment No. 6805
Mr. President, the Senate has worked its will tonight, and that is a rare occasion on something this complicated but this important for America's future.
I thank all my colleagues. I urge a ``yes'' vote and will speak after the vote in more detail.
Mr. President, I rise to clarify that the effect of the antitrust exemption in section 118 of the Protect College Sports Act in the event that the House settlement expires or terminates and Congress does not extend the revenue share cap.
To be clear, the antitrust immunity for enforcing and complying with sections 114 and 115 applies only to the extent that the provisions of those sections continue to have force or effect.
Senator Coons, do you agree that this is the intent of the legislation?
Mr. President, I note that the Protect College Sports Act is also critical to local broadcasters.
Right now, too many college football games are trapped behind paywalls. The Protect College Sports Act aims to change that by supporting consumers' access to TV.
And I understand Senator Moran has entered a statement in the record on this topic; and I agree with him on this, in putting college football on free TV on local broadcasting stations instead of in paywalls.
I did not, before the vote, take time to thank all the people involved with this legislation, and I would like to take that opportunity now.
First of all, I want to thank Senator Cruz for his partnership on this legislation and working to create a bipartisan bill that I think the majority of our colleagues showed tonight that they support, and I hope that we will get our colleagues in the House of Representatives to also agree on that before the end of the year.
Obviously, this legislative process is a challenging one, and we would not have been here at this moment without a lot of help from a lot of different people.
I want to thank especially Senators Schmitt and Coons for their tremendous leadership in being partners with Senator Cruz and I on this legislation. The two of them provided key input, support--debatable, argumentative points of view at various points of time. But there is no way we would have gotten this legislation over the goal line without Senator Schmitt and Senator Coons, and I just want to thank them immensely for their long partnership in working with Senator Cruz and myself.
And I also want to thank James Barton, who is with Senator Coons, because he played a key role in all of this, and I very much appreciate his support. I also want to thank key members of the Commerce Committee because they played very important roles in this: Senator Hickenlooper drafting the language and negotiation as it related to the U.S. Olympic provisions of the bill; Senator Lujan for drafting and getting amendments accepted related to the coaches; Senator Baldwin on a key amendment that we just adopted tonight by, as I said earlier, a record 96 to 1 vote, which shows that this place, when you let the right people in the room, can come to a conclusion--not just that, but that our colleagues also trust that that process can work too and rewarded that with a big, big vote tonight. So very much appreciate that.
I also appreciate the President's sports council--Randy Levine, Cody Campbell, Jack Swarbrick--all played big roles in this, probably nobody more than Randy Levine in constantly pushing the White House point of view on this legislation and Cody Campbell making sure that everybody understood that opening up the Sports Broadcasting Act was a great idea. That also seconded, obviously, by Jack, who added an AD perspective to the debate.
I also want to thank a couple of big Washingtonians who played a key role in this. Mark Few, the famous--now Hall of Fame--Gonzaga coach who was just constant--now I know what it would have been like to play for Gonzaga because he was constantly saying: Maria, it is just about getting the basics done, about eligibility, about transfer, and about basic rules. And he reminded me of that all the time. I also want to thank Washington AD Pat Chun, who took endless phone calls from us.
I want to thank WSU President Cantwell, who was in a trying situation of her own. Literally, the Pac-12 blew up, took $35 million of revenue out of her institution, and she had to figure out a path forward and engage on this legislation and try to help us all think about what is a fair way to move college sports forward, and she did that. And I appreciate her time.
And certainly Pac-12 commissioner Teresa Gould, who testified before the committee and added a lot of input about what not to do next, and I just can't thank her enough because I see even tonight some of this debate veered into the realm of what not to do.
And I hope that we can continue to make corrections on that as we dialogue with our House colleagues because the last thing that we need to do is have another Pac-12 incident. But we need to grow regional sports, grow the regional system, and make it stronger.
I also want to thank the many people on the Commerce Committee staff who--oh, I have to thank Senator Welch. Senator Welch also signing on early to the legislation, Senator Peters helping us with the Big 10, Senator Klobuchar doing the same, all of them were so helpful in this legislation.
Now to the committee staff. Senator Cruz talked a lot about how this negotiation went on for months and months and months and hours and hours a day, and he talked about Cuban coffee. All that was true.
It took a lot to keep us in a room discussing immense legal terms with a variety of conferences and individuals and athletes from all over the country. But I want to thank staff director Lila Helms, our general counsel Melissa Porter, Nicole Frazer, Phil Murphy, and Ramesh Nagarajan. Those individuals right there spent the majority of time working on this legislation.
But Shannon Smith, who served on the committee for 5 years and recently retired, she deserves a jersey all by herself. I kid with her about saying it is going to say ``Jaxon Smith-Njigba,'' but instead, it is just going to say ``Shannon Smith'' and then some name because she deserves a new title for the immense amount of effort. We would just not even have a bill on the floor tonight if it weren't for her efforts.
But Nicole and Melissa and Lila, I can't say enough about their leadership and patience in driving a process that was just fraught with different opinions. That is just all there is to it, fraught with different opinions and a lot of negotiations.
So I think it will go down in history as one of the most challenging issues because, unlike a lot of policy issues that we deal with here in the U.S. Senate, you have different issues and they follow a certain path. They follow a construct. It might be consumer versus business; it might be various things. In this case, we had a lot of different viewpoints across the entire ecosystem of sports. And if there was a characterization here, it was definitely that nobody wanted the two big divisions to run away and be a super league and continue to X out the revenue and that everybody wanted to drive some sanity back into the system.
But that sounds simple compared to what these individuals went through. So I really can't thank enough Lila Helms, Melissa Porter, and Nicole Frazer for their incredible work on this. Phil and Ramesh, great work, challenging policy, appreciate their efforts.
I want to thank Elizabeth Cuttner; Erik Eykel; Kate Sprague; Connor Jennings; Tricia Enright; Rob Blumenthal; Ciara O'Donoghue; Josephine Laing; Zoe Garrett; and Amit Ronen from our staff, who is here on the floor tonight; Ansley Lacitis, who I think got to know the entire press corps for sports across the United States and took all their questions and probably has some to feed back to them; Lauren Bazel; Seth Kolloen.
And I want to thank Senator Cruz' staff because, obviously, they worked very hard on this legislation. Brad Grantz, his staff director; Nicole Christus; Joel Wellum--I want to thank Joel specifically because Joel obviously took a lot of direct questioning, a lot of pushing by us and me particularly, and I appreciate his hard work--Michael Spierto; Ryan Cannon; and Justin Adams and Casey Contres.
So there is no way to really sum up all of the thanks in one statement. I do want to thank my colleague Senator Moran, who is on the floor tonight, because he started this effort in the committee many years ago and had great thoughts on what we needed to do and got us all pointed in the right direction and kept the dialogue moving through myself and Senator Wicker, and then as Senators Booker and Blumenthal and I continued to dialogue, and then ultimately Senator Schmitt and I, and Senator Coons and Schmitt and I, and then ultimately this legislation with Senator Cruz and I. So this long, challenged situation of figuring out how to make more sense out of college sports, I want to thank him as well.
So we definitely made the will of the Senate work tonight, and I hope we can do more of that. I hope we can find where there is the ability to solve problems. We obviously have a very big difference of opinion, but there probably isn't a bigger gulf and difference of opinion.
I say Senator Cruz and I probably disagree on 25 different issues, and that is just in the Commerce Committee, but if we can do that tonight and produce a product, I guarantee you the rest of us can.
And tonight, it is about making sports about sports again. So I thank my colleagues for this legislation and now on to working with our colleagues in the House.
I yield the floor.