Official Congressional Record
Madam President, I am so grateful to be recognized. It is amazing how for more than 14 years in this place, I was trying to get Congress to step in to do something to help athletes, but the answer was no, no, no. But suddenly, when college athletes start winning cases in court against a $20 billion gravy train that has been benefiting everybody but college athletes, suddenly there seems to be this race to pass a bill to allegedly protect college athletes. But really, we know who this bill is protecting. The Senate is on the verge--it really could happen tonight--of passing a bill that could reshape college sports for generations to come. It is a bill that was written without input from college athletes themselves, whose lives will be directly affected. It violates a simple rule: nothing about us without us. Well, this is a bill, going forward, where college athletes and the organizations that represent them have not had a seat at the table. It is a bill that was actually shaped by millions of dollars in lobbying from the NCAA and other powerful interests that control that industry. And at its core, it is a bill that undermines the rights of young people who pour their blood, sweat, tears, countless hours of work, and more into their craft. Their voices should have shaped this debate. We should have listened to their wisdom before voting today, before rushing to this vote as the last thing we do before a long recess. Plain and simple, athletes produce this wealth, produce these opportunities, create this industry, and they should have been at the table, but they weren’t given that chance. So, today, I am going to do my best to elevate the concerns of college athletes, the concerns that over this last decade they have shared with me, concerns that I have learned myself because I love college sports. In an increasingly divided country, college sports is one of the few things that actually bring us together. There is something special about college sports, and U.S. college sports--heck, there is something uniquely American about them. I was lucky enough to be a part of that. I played Division I football at Stanford. I know firsthand what athletes sacrifice. I know what the system too often denies them in return. That is why I have spent my entire Senate career fighting for justice for college athletes. This is not a new issue for me. Back in 2014, I said to the then- president of the NCAA when he testified before Congress--very bluntly, I told him: That was me back in 2014 to the then-head of the NCAA. Twelve years later, athletes have won important new rights through their own tireless advocacy at State legislatures, in courts, but now what do we see? We see that the NCAA’s desire for control has not subsided. In fact, it has grown. The NCAA has spent years now pursuing a legislative strategy here in Congress to cement their control over athletes, to put it into Federal law that they alone have the power and the control over those athletes. With this bill we are about to do--should it be passed in the House and signed by the President--it is a bill for the control and power of the NCAA and member institutions. It is not about athletes, who are winning their rights, winning court cases, gaining leverage, and now are having that taken away from them. It is important to understand just how big of a business this is. This is why we see commercials during games we are watching, millions of dollars of lobbyists--because this is a $20 billion industry. Today, more than 40 college football coaches make more than $5 million a year. In most States, it is the highest paid State employee. In 2025 alone, 15 fired coaches secured buyouts worth nearly a quarter of a billion dollars. That is $250 million paid to coaches not to coach. You hear people running around here lobbying, saying: Oh, we have a financial crisis in college sports. Nobody is trying to deal with that issue. And now we see the TV deals growing bigger and bigger and bigger. The SEC has a deal worth about $3 billion over 10 years. The Big Ten’s deal is worth $7 billion over 7 years. The wealth and money are growing. That is why the lobbyists and millionaires were down here lobbying. This is big business, folks. It has been big business for years. What has changed is that the athletes were finally beginning to be able to have the fight for the share in the value that they create. They have developed over recent years more power and more leverage, and that is a scary thing for the NCAA. I want to be honest about one point--about who creates a disproportionate amount of that value. That is actually Black athletes. They have an outsize role in building college sports into the economic powerhouse it is because they are overrepresented in the revenue- driving sports. Think about this: In men’s basketball, Black Americans are 44 percent of the players. In football, it is 40 percent of the players. They are overrepresented in these powerful, money-generating sports. For decades, these athletes were shut out from sharing in the value they created, the billions of dollars of revenue they created. They were shut out of it. So this is not just a college sports issue; it is an economic justice issue and a civil rights issue. Any effort to limit athletes’ ability to earn will fall especially hard on Black athletes and many athletes of different backgrounds, and that is why the voices of athletes are so critical. That is why the diverse voices of athletes are so critical and why civil rights leaders have been condemning this bill. Listen to Congresswoman Yvette Clarke, who is the chair of the Congressional Black Caucus. She said: Or listen to Derrick Johnson, the President of the NAACP. President Johnson said: So now, just as athletes all across America are finally starting to share in the value they are creating, they are starting to finally get voices that are recognized by courts and State legislatures, we are told that Congress must immediately step in, 30-plus days from an election, to save college sports. But who are we saving it from, and what are we saving it for? The answer to those questions is actually in the text of the bill, to know what this is really about. Let me walk through some of my specific concerns that point to the hypocrisy here. First, this bill would make it harder for athletes to sign NIL deals. Section 101 relates to athletes’ NIL rights, but it is important to remember athletes already have NIL rights. They fought for them. They earned them. They won them in court and State legislatures. What this section actually does is add new layers of review, redtape, bureaucracy, and uncertainty between athletes and the opportunities before them. Second, this bill limits athletes’ ability to seek justice in court. Section 118 gives the NCAA sweeping immunity from antitrust liability-- a sweeping immunity we scarcely have ever given any other industry. For decades, the NCAA used its market power to restrict athletes’ rights, and then it lost in court again and again. It is so exceedingly rare for Congress to grant exemptions from the Nation’s antitrust laws, and it is rarer still for Congress to do so for an organization with the NCAA’s track record of antitrust violations. The NCAA has violated antitrust laws and the trust of college athletes over and over again, and yet they are the big winners here. This bill would permanently shield the NCAA from the kind of liability in these key areas--a permanent shield. They don’t have to come back to Congress in 10 years, 15 years, 25 years; it is permanent. This means less accountability for the NCAA and fewer tools for athletes to challenge the NCAA’s abuses of power when they have an incredible track record of abusing their power. Third, this bill puts the burden of enforcement on athletes. Think about this: Section 119 of the bill creates a private right of action for athletes. It is the sole enforcement mechanism in this bill. There is no role for States’ attorneys general, no role for the Federal Trade Commission, no role for anyone. The sole enforcement mechanism is on the student-athletes themselves to somehow sue powerful, powerful entities. A young athlete whose rights are violated would have to enforce their own rights. So let’s play this out for a second. Put yourself in the position of one of these young athletes, teenager. Say you are 18 years old. You are new on campus. You have worked your entire life to find this opportunity. Maybe you are from a low-income community. You might not come from a lot of money, but you realized your dream to play ball at a collegiate level. And in a few weeks, something terrible happens. Your coach has violated your rights in some way. Maybe they demanded you play through a serious injury, leading to permanent injury. Maybe they sexually harassed you. Maybe they kept you on a practice field in 110-degree heat with 90 percent humidity without a water break. This 18-year-old knows something is wrong. They know their rights are being violated, but under this bill, they would be on their own to seek justice. They would have to file a lawsuit against their coach, the person who controls their playing time, their roster slot; the person who controls their future. Can you imagine that ever happening? Well, it rarely would. It is fundamentally unfair to put all of this on the college athlete and for this body to hand over permanent antitrust exemptions and give no enforcement mechanism than to trust the institution that has been violating athletes’ rights for decades. We are basically telling teenagers and young people in sports: You need to come up with the time, the money, the lawyers to challenge the person who has violated your rights, the same person who happens to control your destiny. It is not a serious way to make sure this bill is properly enforced. Congress puts independent groups together or assigns it to oversight committees like the FTC to enforce rules all over this country. Why not now? Fourth, this bill undermines States’ ability to protect college athletes’ rights. Section 121 preempts certain State-level laws related to civil rights, privacy, and data breaches. That means, if an athlete’s civil rights are violated, if their health records are leaked online, or their personal information is somehow misused by their conference or the university, the athlete will have fewer legal protections and fewer options available for them to seek justice. How can we have a nation that is basically saying: We are not just going to put the NCAA in charge of your lives, but we are going to take away your ability to seek legal redress? Fifth, this bill offers only temporary protections for women’s and Olympic sports while permanent antitrust exemptions for the NCAA. The sponsors of this bill say it will protect women’s and Olympic sports, but section 125 has a sunset. The protections expire in 4 to 9 years, depending on the size of the program. The NCAA’s antitrust exemption is permanent. The protections for women’s and Olympic sports are only temporary. And athletes are noticing. Listen to Caitlin VanderKlok, a cross-country athlete at the University of Tennessee. She says: Commercials are claiming that the Protect College Sports Act will protect women and Olympic sport athletes like me. But simply mentioning women’s and Olympic sports in a bill does not mean those athletes are actually protected, she writes. Even where protections apply, they expire, and athletes are not given a right under this bill to go to court and enforce them. If we are going to tell athletes that this bill protects their opportunities, we should also tell them the facts. Well, Caitlin, you are right. People are lying to you. People in this body that say it protects women’s and Olympic sports are lying to you by not telling you the whole truth; that those protections expire. Listen to Meghann Burke, executive director of the National Women’s Soccer League Players Association. She says: There is a profound contradiction at the center of this legislation: the claim that the Protect College Sports Act protects women in sports. In reality, the bill risks undermining the promise of title IX. Schools should not be able to evade their title IX obligations simply by calling revenue-sharing payments compensation rather than athletic benefits. At a time when college athletes are beginning to exercise their collective power, we should not be putting new barriers in their path toward collective bargaining. Listen to college athletes. Listen to the people that represent college athletes. Listen to the people that represent athletes who have come out of college sports and are now playing in the pros. But this is a bill not about college athletes; this is a bill about wealthy people, wealthy coaches, wealthy institutions, and an NCAA that has enjoyed unbridled power for decades as we watched discrimination, hardships, injustice. And finally--finally--athletes started getting some power in the equation. And this body--after my trying for 10 to 15 years to get them to step in and help college athletes, this body rushes in to suddenly say: We are protecting college athletes. Well, that is not true. So, look, I know how things work here. I have offered some ways to try to improve this bill. I and colleagues Murphy and Blumenthal and others offered a series of amendments built on a simple principle: If we are going to impose rules on athletes, we should apply the same rules to coaches. Take compensation, this bill caps what schools can share directly with athletes. So we offered an amendment to cap what schools can pay coaches to $5 million a year. That is still very good money. This amendment is not going to get a vote on the floor today. Take endorsement deals, the bill subjects athletes’ NIL deals to fair-market value review, a valid business purpose standard, approval, and disclosure. So we offered an amendment to require that same process for coaches’ deals, for their endorsement deals. Well, we are not going to be voting on that amendment because it is not about the athletes, it is not about fairness; it is enforcing hypocrisy. Let’s take transfers, which I have heard already some of my colleagues talk about on the floor. This bill allows an athlete to transfer one time. If they transfer again, they have to sit out a year. Well, reasonable people could disagree on that policy, but if you are going to restrict athletes’ ability to move between schools, the same rules should apply to coaches. We offered an amendment to make that happen. It was not accepted. Imagine you are that athlete, promised by coaches everything, and that coach gets to leave and go to as many schools as they want, but you are stuck. Let’s take the buyouts. Do you remember the 15 fired coaches and their buyouts being worth--this last year--a quarter of a billion dollars? We offered an amendment to simply cap future buyouts at 1- year’s salary. This would protect schools across the country from being forced to plunge millions of dollars into college coaches who are not even coaching. It would give them the opportunity to not have to pay these exorbitant prices when they could be investing in things to improve education of all kids. Well, that amendment is not going to get a vote today. Common sense. Take women’s Olympic sports. I offered a simple amendment to strike the sunset provision and make those provisions permanent just like the NCAA’s antitrust exemption. Hey, you are going to give permanent protection to the wealthy and the powerful, then protect women’s sports and Olympic sports where our Olympic athletes come out of pocket all their lives, trying to get into the Olympics to represent the United States of America. If this is about patriotism, if this is about our Nation, then protect Olympic sports. Don’t let that provision expire. Well, that is not going to get a vote today. The hypocrisy in this bill, the refusal to accept amendments exposes that hypocrisy. And, finally, this is the most insulting part of the bill. Take HBCUs, the sponsors have been putting people on TV to talk about how this does so much for HBCUs. They point to an authorization of funding, but an authorization guarantees nothing, not a single penny. Senators Warnock, Alsobrooks, Blunt Rochester, Murphy, and I offered a simple amendment: turn that authorization into an appropriation. If you are going to parade Black people in your millions of dollars’ worth of ads, saying you are giving money to HBCUs, maybe the text of this bill should actually give money to HBCUs. Let’s deliver on that promise today. Let’s actually cut a check to historically Black colleges and universities. But no, no. This bill says we should deal with a promise, an intention, and this amendment is not going to be voted on. I am not alone in my concerns about this bill. There are so many people in this Nation--who stand up for the underdog, who stand up for the little guy and the little gal, who represent athletes or fight for equal rights--that object to this bill. I want to bring the concerns of more of those people into this Chamber and make sure it is a part of the official Record. Listen to a group of athletes who survived sexual assault and parents who lost children during college sports activities. They wrote a powerful letter pleading with Senators. Here is an excerpt of their letter: These are not abstract policy concerns to us. We know firsthand the consequences when institutions are allowed to police themselves, when reports of abuse or dangerous practices remain inside the institution, and when victims are left without meaningful accountability after harm is done. They continue: Universities, conferences, and other powerful college sports’ interests have had extensive opportunities to make their case as this legislation has developed. Before Congress grants sweeping new protections to the college sports system, we ask that you hear directly from those of us who have experienced the consequences when that system fails athletes. Is anybody listening? Have we had them at the hearings? Have their voices been taken into account? Listen to some of our labor leaders, listen to the AFL-CIO as they write: The Protect College Sports Act is not a compromise between competing interests but a legislative effort that preserves institutional control at a time when courts, lawmakers, and the public are increasingly questioning the fairness of the existing model. The bill gained its current momentum not when athletes’ interests were satisfied but when the richest intercollegiate conferences in the country voted to endorse the bill. That should tell you everything you need to know about who this bill protects. Listen to former senior Justice Department officials, including a former principal Deputy Assistant Attorney General, a former Acting Associate Attorney General, and a former Acting Assistant Attorney General for the Antitrust Division. Listen to what they write: Not since 1945 have we seen what Congress is about to do today. These former attorneys general continue: In other words, there is no oversight from the Federal Government. The only hope athletes have is to sue. The letter continues: They write-- And listen to the athletes’ own organizations. Here is athletes.org: I add ``well-paid’’-- The PRESIDING OFFICER (Ms. Ernst). The Senator’s time is expired.