THE PRESIDING OFFICER: THE SENATOR FROM NEW JERSEY. MR. BOOKER: I WANT TO SPEAK FORCEFULLY AGAINST THE PROTECT COLLEGE SPORTS ACT. I KNOW THERE’S A HANDFUL OF US, LIKE MY COLLEAGUE WHO PLAYED COLLEGE SPORTS. I WAS A HIGH SCHOOL ALL-AMERICAN, PLAYER OF THE YEAR FOR MY STATE, ON THE SAME USA TODAY ALL-AMERICAN TEAM IS EMMITT SMITH AND GOT A FULL SCHOLARSHIP.
IN SO MANY WAYS, LIKE MY COLLEAGUE, I AM HERE AFFORDED OPPORTUNITIES I NEVER WOULD HAVE HAD IF IT WASN’T FOR COLLEGE ATHLETICS, BUT WHILE A COLLEGE STUDENT AND PLAYER, I SAW HOW UNJUST THE NCAA IS. IT’S A MONOPOLY, CONTROLLING $15 BILLION STRONG AND RAPIDLY GROWING. THE NCAA HAS A LONG RECORD OF IGNORING THE CRIES FOR JUSTICE FROM EXPLOITED COLLEGE ATHLETES. THE NCAA PROTECTS ITS MEMBERS. IT PROTECTS THE COLLEGES.
AND IT HAS REPEATEDLY PUT COLLEGE ATHLETES IN HORRIBLE POSITIONS. FOR GENERATIONS, BILLIONS OF DOLLARS WERE BEING MADE THAT WERE GIVEN TO COACHES, A.D.’S. EVERYBODY WAS MAKING MONEY, BUT COLLEGE ATHLETES WEREN’T.
IT WASN’T UNTIL COLLEGE ATHLETES WERE ABLE TO BEGIN TO WIN CASES IN COURT AND STATES SEEING THE INJUSTICES BEGAN TO CHANGE THE LAW THAT STARTED TO SHIFT THE POWER TABLE, AND NOW THE NCAA IS COMING HERE TO THE UNITED STATES SENATE, ASKING FOR SWEEPING POWERS THAT EXEMPT OUR ANTITRUST LAWS. WELL, MY CONCERNS I’VE GROWN TO HAVE OVER THE YEARS ARE NOT ADDRESSED IN THIS BILL. THIS BILL DOES NOT ENOUGH TO PROTECT COLLEGE ATHLETES’ HEALTH AND SAFETY AND WELL-BEING. AND, AS A RESULT OF THAT, THE NUMBERS OF GROUPS OPPOSED TO IT IS ALMOST TOO LONG TO READ. I’M GOING TO SUBMIT, FOR THE RECORD, A FULL LIST, BUT LET ME JUST READ SOME OF THEM.
EVERY COLLEGE SPORTS ATHLETES PLAYER ASSOCIATION, THE COLLEGE FOOTBALL ASSOCIATION, THE UNITED COLLEGE ATHLETES ASSOCIATIONS, ALL THE ASSOCIATIONS OF COLLEGE SPORTS, ALL OUR MAJOR UNIONS, THE AFCIO, THE UNITED STEELWORKERS, ALL OF OUR MAJOR CIVIL RIGHTS ORGANIZES, THE NAACP, THE URBAN LEAGUE, ALL OF OUR MAJOR LEGAL THINK TANKS THAT PROTECT THE HEALTH, WELL-BEING, AND JUSTICE, LIKE THE CENTER FOR LAW AND POLICY. I COULD GO ON AND ON ABOUT THOSE PEOPLE WHO OBJECT TO THIS BILL BECAUSE IT IS NOT PROTECTING ATHLETES. AND THINK ABOUT THIS. IT IS DOING ALL KIND OF THINGS TO STOP PLAYERS FROM EARNING MONEY, PUTTING BUREAUCRACY BETWEEN THEM AND THE POSSIBILITIES, BUT IT DOES NOTHING TO AFFECT COACHES. SO, IN OTHER WORDS, IT’S TREATING COLLEGE ATHLETES AS A DIFFERENT CLASS.
MEANWHILE, COACHES’ SASASASASAS OFTEN MOST STATES, THE HIGHEST PAID PEOPLE IN THE STATE GOTHS ARE THE BASKETBALL — GOVERNMENTS, ARE THE BASKETBALL AND FOOTBALL COACHES. THEY CONTINUE TO SKYROCKET. A QUARTER-BILLION DOLLAR BUYOUTS FOR COACHES FOR THEIR CONTRACTS. THIS IS AN UNJUST BILL. AND I WANT TO DEAL VERY QUICKLY WITH SOME OF THE TOP LINES.
FIRST AND FOREMOST WE HAVE A BILL THAT DOESN’T FIX THE PROBLEMS THAT IT CLAIMS TO SOLVE. IT SAYS IT WILL FIX A SYSTEM THAT’S BROKEN. THE SCHOOLS CONTINUE TO LOSE MAJOR COURT CASES. THIS BILL IS GOING TO TAKE AWAY THE POWER OF ATHLETES TO BE ABLE TO SUE FOR THEIR RIGHTS. IT SAYS IN THIS BILL THAT, OH, WE’RE PRESESQUI AN INDIVIDUAL RIGHT OF — PRESERVING AN INDIVIDUAL RIGHT OF ACTION.
WELL, LET ME TELL YOU RIGHT NOW. ANY LAWYER WORTH THEIR SALT WILL TELL YOU THAT ANYBODY COMPETING FOR THE STARTING PITCHER SPOT ON A SOFT BALL TEAM IS NOT GOING TO SUE THEIR COLLEGE IN HOPES THEY’RE GOING TO GET JUSTICE IF THEY’RE FACE BEING SEXUAL ASSAULT OR BEING FORCED TO PLAY THROUGH AN INJURY. IT’S CREATING A CARTEL FOR THEM, A MONOPOLY FOR THEM, AND NO — INADEQUATE PROTECTIONS, EXCUSE ME, INADEQUATE PROTECTIONS FOR COLLEGE ATHLETES AND UNDERMINING THEIR ABILITY SHOULD THEY EVEN SUE, UNDERMINING THEIR ABILITY TO HAVE A FAIR NEIGH COURT. IT’S NOT PROTECTING THE SPENDING PROBLEM. SCHOOLS INCREASINGLY CLAIM THAT ATHLETE COMPENSATION HAS CREATED UNPRECEDENTED FINANCIAL PRESSURE AT THE SAME TIME THAT FOOTBALL COACHES AND BASKETBALL COACHES CONTINUE TO SEE HIGHER AND HIGHER SALARIES.
THIS BILL RESPONDS BY PLACING FEDERALLY IMPOSED CEILINGS ON ATHLETE EXCEPTION WHILE LEAVING EVERY OTHER MAJOR EXPENSE FREE TO CONTINUE TO INCREASE. HOW MUCH SCHOOLS ARE SPENDING ON THEIR FACILITIES, PAYING THEIR A.D.’S, PAYING THEIR COACHES AND ASSISTANT COACHES. ALL OF THOSE PRICES CONTINUE TO GO UP, BUT IT IS THE COLLEGE ATHLETES THAT ARE FACING THE CAPS.
WE SEE PROTECTIONS FOR WOMEN’S AND OLYMPIC SPORTS, WHICH I AGREE ON MANY. THEY ARE IN THIS BILL. BUT THOSE PROTECTIONS EXPIRE WHILE THE ANTITRUST PROTECTIONS DO NOT. YOU GO TO SECTION 125 OF THE BILL, IT HAS PROTECTIONS FOR THOSE ROSTER SPORTS AND GRANTED AID OPPORTUNITIES IN THOSE SPORTEDS BUT THOSE PROTECTIONS EXPIRE AFTER FOUR OR NINE YEARS. IT IS A LIE TO SAY THAT THIS BILL IS PROTECTING OLYMPIC SPORTS BECAUSE IT’S NOT.
IT ONLY DOES SO FOR A HANDFUL OF YEARS. PERMANENT ANTITRUST EXEMPTION. TEMPORARY PROTECTION FOR COLLEGE ATHLETES COMPETING IN OLYMPIC SPORTS. WHY WOULD WE DO THAT IN WHY WOULD WE DO THAT? WE SHOULD GIVE THAT PERMANENT EXEMPTION IF WE’RE NOT DOING IT IN OTHER PARTS OF THE BILL, AND EVEN THAT IS QUESTIONABLE.
THE NCAA’S RECORD OVER DECADES DOES NOT JUSTIFY GIVING IT MORE CONTROL. WE’RE GIVING THEM MORE AUTHORITY OVER A GROUP OF AMERICANS, AND YET WE’RE NOT ASKING FOR THE RIGHT THINGS IN RETURN. PROTECTIONS FOR ATHLETES, THEIR HEALTH, THEIR WELL-BEING, THEIR SAFETY, THEIR EQUALITY FOR OTHERS INVOLVED IN THE SPORT. THE BILL CLAIMS TO CODIFY INTO LAW ATHLETES’ ABILITIES TO BENEFIT FROM NIL. ATHLETES ALREADY ENJO THINK RIGHT.
THEY FOUGHT DECADES FOR T THE BILL JUST PUTS MORE RED TAPE THERE. IT INCLUDES PROTECTIONS FOR SAFETY AND EDUCATION. WOWS A MEANINGFUL ENFORCEMENT MECHANISM, THESE ARE BASICALLY SUGGESTIONS. THIS BILL RELIES BASICALLY ON THE PRIVATE RIGHT OF ACTION IN SECTION IS — SECTION 119 PLACING THE BURDEN ON ATHLETES ATHROWN ENFORCE ANYTHING — ATHLETES ALONE TO ENFORCE ANYTHING IN THIS BILL. THEY’RE GETTING ALL THE FINANCIAL GAIN AND PUTTING ALL OF THE BURDEN AND COMPROMISES AND GIVEBACKS TO COLLEGE ATHLETES, INCLUDING THEIR ABILITY TO WIN IN COURT.
OH, AND THERE’S THE CYNICAL PART OF THIS. THEY SAY THAT THEIR GOING TO HELP — THAT THEY’RE GOING TO HELP HISTORICALLY BLACK COLLEGES AND UNIVERSITIES. I WANT EVERYONE LIKE ME THAT’S BEEN FIGHTING FOR HBCU’S WHO SUPPORTS HBCU’S, TO UNDERSTAND THE CYNICISM IN THIS BILL. THIS BILL AUTHORIZES MONEY. IT AUTHORIZES MONEY.
IT DOES NOT APPROPRIATE ONE SINGLE DOLLAR. WHAT YOU GET IS A PROMISE FOR FUTURE YOU UNDERSTAND FUNDS. BUT WE KNOW TIME APPEARED TIME AGAIN CONGRESS AUTHORIZES — TIME AND TIME AGAIN CONGRESS AUTHORIZES FUNDING AND THAT FUNDING IS NEVER DELIVERED. THIS BILL INCLUDES PROVISIONS OF THE SAFE ACT THAT I SUPPORTED. WELL, THIS LEAVES OUT AT CRI CRITICAL DISTINCTION BETWEEN THE SAFE ACT.
THE SAFE ACT INCLUDED THE STATE ATTORNEY GENERALS FROM BEING ABLE TO ENFORCE ITMENT THIS BILL DOES NOT. THE SAFE ACT DIDN’T GIVE THE NCAA AND CONFERENCES A SWEEPING ANTITRUST SHIELD. THIS BILL DOES. SO, YES, THERE ARE SOME PROVISIONS FROM MY EARLIER WORK IN THIS BILL. BUT THEY’RE TOOTHLESS BECAUSE OF THE LACK OF ENFORCEMENT POWER.
THIS IS A GROWING GRASSROOT EFFORT I HEAR TO SUPPORT THIS BILL. I’M SEEING MILITIA OF DOLLARS WORTH OF — I’M SEEING MILLIONS OF DOLLARS’ WORTH OF COMMERCIALS, BUT WHO IS PROTECTING COLLEGE ATHLETES? I GAVE AN EXAMPLE AND I’LL END WITH THIS BECAUSE I KNOW TIME IS SHORT. I WANT TO MAKE SURE, THOUGH, THAT I CAN ENTER FOR THE RECORD — I’D LIKE TO ENTER INTO THE RECORD SOME LETTERS. THIS LETTER IS FROM A COLLEGE ATHLETES ORGANIZATIONS.
THIS LETTER IS FROM CIVIL RIGHTS ORGANIZATIONS. AND FORMER ATTORNEYS GENERAL. AND THIS LETTER IS FROM COLLEGE ATHLETE SAFETY ORGANIZATIONS, COLLEGE SEXUAL ABUSE SURVIVOR ORGANIZATIONS, AND FAMILIES OF COLLEGE ATHLETES WHO DIE FOLLOWING ATHLETIC ACTIVITIES, ALL SPEAKING TO THE URGENCY TO STOP THIS BILL. THE PRESIDING OFFICER: WITHOUT OBJECTION. MR.
BOOKER: THANK YOU. I WANT TO END WITH THIS. I GAVE AN EXAMPLE OF THE LIES THAT THE NCAA TELLS, THIS THAT THEY’RE ABOUT THE PROTECTION OF STUDENT ATHLETES FIRST. THE EXAMPLE I GAVE IS A CHANGE THAT THE NFL DID THAT WE ALL KNOW ABOUT, WHO ARE FOOTBALL FANS. YOU KNOW WHAT?
WE’RE GOING TO CHANGE THE KICKOFF RULES. WHY? I KNOW PROSECUTE MY PERSONAL EXPERIENCE OF — I KNOW FROM MY PERSONAL EXPERIENCE FROM RUSHING DOWN THE FIELD TO TRY TO TACKLE PEOPLE PLAYING AGAINST USC, I LEARNED THIS IN PLAYING NOTRE DAME, THAT ONE OF THE MOST DANGEROUS THINGS YOU COULD DO IS GET A FULL HEAD OF STEAM AND RUN DOWN ON A KICKOFF. THEY CHANGED THE RULES TO PROTECT NFL ATHLETES. IT’S WORKED.
THERE ARE LESS INJURIES IN THIS AREA. IT IS WORKING. IS THERE A PEEP FROM THE NCAA? DON’T YOU THINK THAT COLLEGE SPORTS SHOULD HAVE MORE PROTECTIVE POLICIES THAN THE PROS? WELL, NO, THE COLLEGE PROS, IT’S A BUSINESS.
THEY INVEST MILLIONS OF DOLLARS IN THEIR ATHLETES AND THEY’RE TAKING ACTIONS THAT THE NCAA ISN’T. THE NCAA IS AN ECONOMIC GROUP OF ACTORS WHO SEEK TO MAXIMIZE PROFIT. LOOK AT THEIR DECADES’ LONG HISTORY. IT IS NOT ABOUT PLAYER PROTECTION. HOW DO I KNOW THAT?
THERE’S NO ENFORCEABLE STANDARDS FOR SEXUAL ASSAULT. THERE’S NO ENFORCEABLE STANDARDS FOR HEAT STROKE. WE HAVE CASES RIGHT NOW ABOUT BRAIN INJURIES. I HAVE FRIENDS OF MINE STILL PAYING FOR THE MEDICAL COSTS FOR INJURIES THEY INCURRED PUTTING THOUSANDS OF PEOPLE INTO SEATS. WHEN IT COMES TO ACADEMIC GRADUATION RATES A, WHEN IT COMES TO ALL THE THINGS THEY TELL PEOPLE THEY’RE CONCERNED WITH THE EVIDENCE SPEAKS THAT THAT’S NOT THEIR NUMBER-ONE CONCERN.
AND THIS BODY WANTS TO GIVE THEM SWEEPING PERMANENT ANTITRUST POWER FOREVER, WITH NO ACCOUNTABILITY. NO ACCOUNTABILITY TO CONGRESS, LIMITED ACCOUNTABILITY IN THE COURTS, NO ACCOUNTABILITY TO THE GIRLS AND BOYS, THE YOUNG STUDENT ATHLETES, THE COLLEGE PLAYERS WHO BRING THIS COUNTRY TOGETHER, WHO GIVE US SOME OF OUR GREATEST LIFE EXPERIENCES. THIS IS UNFAIR. THIS IS UNJUST. THIS IS WRONG.
HUNDREDS OF ORGANIZATIONS THAT REPRESENT STUDENT ATHLETES, THAT REPRESENT IDEALS OF JUSTICE, THAT REPRESENT IDEALS OF ECONOMIC JUSTICE. HECK, YOU EVEN HAVE SOMEBODY LIKE BRETT KAVANAUGH — EXCUSE ME, YOU HAVE SOMEBODY LIKE GORSUCH SAYING IT IS A BUSINESS MODEL. IT WOULD BE FLATLY ILLEGAL IN ANY OTHER INDUSTRY IN AMERICA. AND YET WE’RE MOVING ROCKET SPEED WHERE MOST OF THE MEMBERS OF THIS HAVEN’T EVEN GOTTEN THE FINAL BILL YET. THEY’RE LITERALLY HAVING PUT THE BILL IN MOST OF THE OFFICES HERE, AND WE’RE RUSHING TO MOVE ONTO IT RIGHT NOW WITHOUT READING THE BILL, WITHOUT DISCUSSING IT, WITHOUT HAVING HEARINGS THAT HAVE COLLEGE ATHLETES THAT HAVE JUSTIFIABLE EXPERIENCES — SURVIVORS OF SEXUAL ASSAULT, PARENTS WHOSE CHILDREN HAVE DIED, PEOPLE WHO HAVE COURT CASES AGAINST THE NCAA RIGHT THAT THE NCAA KNOWS WILL SAVE THEM FROM MILLIONS OF DOLLARS OF LIABILITY.
THAT’S WHIER THIS — THAT’S WHY THEY’RE SPENDING SO MUCH MONEY TO PASS THIS BILL. IT’S NOT ABOUT THE WELL-BEING, THE EDUCATION OF COLLEGE ATHLETES. THIS A MONEY PLAY, PLAIN AND SIMPLE. READ THE BILL. TALK TO COLLEGE ATTING LEAGUES.
— TALK TO COLLEGE ATHLETES. IF W
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