[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[Senate]
[Pages S7509-S7511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE LOOPHOLE IN COLLEGE GAMBLING
Mr. BROWNBACK. Mr. President, I want to make a few remarks on an
issue very important to our young student athletes, as well as our
colleges and universities. It is a piece of legislation that, if the
appropriations continue to be held up on the other side of the aisle, I
think we should consider. We should go to this piece of legislation.
The legislation is the Amateur Sports Integrity Act, which was passed
out of the Commerce Committee by a 16-2 vote. There was strong
bipartisan support for the legislation and introduction of the bill.
Senator Leahy and I introduced the bill. Basically, the legislation
closes the one loophole on college gambling.
Presently, you cannot gamble legally in this country on college
athletics. You can't bet on the Road to the Final Four, the NCAA
basketball tournament, football and bowl games--except in one State in
the country, and that is Nevada. That is what has led to a number of
problems we have had of expanded sports gambling on amateur athletics
and expanded cases where student athletes have fallen to the whims of
people promising them some help if they will shave a point or two off
the game. So we are trying to close that one loophole in Nevada so it
is clear that it is illegal to bet on college sports in the United
States.
This bipartisan legislation is in direct response to a recommendation
made by the National Gambling Impact Study Commission, which last year
concluded a 2-year study on the impact of legalized gambling on our
country. The recommendation called for a ban on all legalized gambling
on amateur sports and is supported by the NCAA, coaches, teachers,
athletic directors, commissioners, university presidents, school
principals, and family groups from across the country. Those groups are
all strongly supportive of this legislation.
In my home State, Roy Williams, the basketball coach at the
University of Kansas, considered taking the job at North Carolina but
decided against it--happily, in my opinion. He is a strong proponent of
this legislation. These are the people supporting this who know about
the threat of gambling on amateur athletics. These are the people who
are fighting the problem on the front lines 24 hours a day. These
groups support our legislation which will prohibit all legalized
gambling on high
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school and college sports, as well as the Summer and Winter Olympic
Games.
The Nation's college and university system is one of our greatest
assets. We offer the world the model for postsecondary education. But
sports gambling has become a black eye on too many colleges and
universities.
Gambling on the outcome of sporting events tarnishes the integrity of
sports and diminishes the esteem in which we and the rest of the world
hold U.S. postsecondary institutions. This amendment would deal with
that problem. It would remove the ambiguity that surrounds gambling on
college sports and make it clearly illegal in all 50 States in the
United States.
We should not gamble with the integrity of our colleges or the future
of our college athletes. Our young athletes deserve legal protection
from the seedy influences of the gambling, and fans deserve to know
that athletic competitions are honest and fair.
Gambling scandals involving student athletes have become all too
common over the past 10 years. In fact, there have been more gambling
scandals in our colleges and universities in the 1990s than in every
other decade before it combined. These scandals are a direct result of
an increase in gambling on amateur sports.
It was just 2 years ago, during the Final Four, that we learned of
the point-shaving scandal at Northwestern University involving their
men's basketball team. This scandal involved both legal and illegal
gambling on several Northwestern games. Kevin Pendergast, a former
Notre Dame place kicker who orchestrated the basketball point-shaving
scandal at Northwestern University, has stated--and I think this is
clear, and it points to where we have a problem and why this is a
problem and something we should take care of. In other States, it is
illegal. Here is what the guy who masterminded that point-shaving case
at Northwestern said:
My relationship with sports gambling continued off and on
and ended with a $20,000 bet placed in a sports book in Las
Vegas. This was part of three basketball games that have been
mentioned by Senator Brownback in the Northwestern point-
shaving incident. The majority of the monies wagered in these
games were legally wagered in Nevada. And by legally wagered,
I mean you walk up to the sports book and place a bet on one
team or the other. Now it was obviously illegal because of
what was going on behind the scenes, but like I said, the
majority of the monies wagered in this situation were wagered
in a legal manner in sports casinos in Nevada.
That was the big case that broke 2 years ago. He went to a number of
college athletes and said, ``We are not talking about losing the game.
Don't lose the game. We just want you not to win it by as much as the
margin.''
That is what we are talking about--the point spread. We will be able
to wager money on the game, and if you are ahead by five points and the
margin says six on it, just don't score. We are learning, as we have
gone through hearings, that you don't do this on offense; you do it on
defense. If you want to shave points, it is not that you miss the free
throw or the shot; you actually let your player get by you on an
offensive move. It is less obvious to the other people watching that
that is something that is going on. So actually people have thought
this through quite a bit on how you allow shaving to take place.
That is what Kevin Pendergast said on this one particular case that
broke 2 years ago.
In fact, the last two major point shaving scandals involved legalized
gambling in Las Vegas sports books. The point-shaving scandal involving
Arizona State University is believed to involve more money than any
other sports gambling case in the history of intercollegiate athletics
and involved legalized gambling and organized crime.
A study recently conducted by the University of Michigan found that
84 percent of college referees said they had participated in some form
of gambling since beginning their careers as referees. Nearly 40
percent also admitted placing bets on sporting events and 20 percent
said they gambled on the NCAA basketball tournament. Two referees said
they were aware of the spread on a game and that it affected the way
they officiated the contest. Some reported being asked to fix games
they were officiating and others were aware of referees who ``did not
call a game fairly because of gambling reasons.'' Just a few months
ago, newspaper articles from Las Vegas and Chicago detailed how illegal
and legal gambling are sometime interconnected.
I get irritated sometimes at the referees in games. But if I thought
there was anything going on where they were gambling on the games and
that it was affecting their calls, imagine how poisonous this would be
to them and to the integrity of the sport that is taking place.
The National Gambling Impact Study Commission Report recognized the
potential harm of legalized gambling by stating that sports gambling
``can serve as gateway behavior for adolescent gamblers, and can
devastate individuals and careers.'' Some of its findings include:
More than 5 million Americans suffer from pathological gambling;
Another 15 million are ``at risk'' for it; and
About 1.1 million adolescents, ages 12 to 17, or 5 percent of
America's 20 million teenagers engage in severe pathological gambling
each year.
According to the American Psychiatric Association:
Pathological gambling is a chronic and progressive psychiatric
disorder characterized by emotional dependence, loss of control and
leads to adverse consequences at school and at home;
Teens are more than twice as vulnerable to gambling addictions than
adults because they are prone to high-risk behaviors during
adolescence; and
Ninety percent of the nation's compulsive gamblers start at an
adolescent age;
According to the Minnesota Council on Compulsive Gambling, gambling
on sporting events is a favorite preference of teenage gamblers.
We are talking about the gateway behavior, the pathological gambling,
and 90 percent of it starts as teenagers. Where does it generally
start? One of the favorite gateways is sports gambling.
Opponents of our legislation have tried to discredit our efforts by
insisting that we should be focusing our efforts on curbing illegal
gambling, not legal. I agree that we should be looking at ways to help
law enforcement and institutions for higher education combat illegal
gambling. The NCAA has undertaken numerous steps to combat gambling
among student athletes and stated during the Commerce Committee hearing
its intention to do even more.
I want to list some of the steps they proposed and are doing.
They are sponsoring educational programs for student athletes,
including development of a sports wagering video; partnershiping with
several professional organizations; assisting in bringing Federal and
local enforcement officers to camps across the country; continuing to
broadcast antisports gambling through public service announcements
during NCAA championship games aired on CBS and CNN, most recently
aired 18 times during the 2000 basketball championship games, and will
continue to run during championship games this year.
They developed a ``don't-bet-on-it booklet,'' created in partnership
with the National Endowment for Financial Education to educate students
about the dangers of sports gambling and to acquaint them with good
financial management strategies.
They distributed these to at least 325,000 NCAA students.
The NCAA established policies that prohibit gambling on professional
or college sports by college athletic personnel, student athletes,
athletic conferences, and NCAA employees.
They prohibit student athletes from competing if they knowingly
provide information to individuals concerning games.
They prohibit student athletes from competing if they solicit a bet
on any intercollegiate game, or if they accept a bet on any
intercollegiate team, or if they accept a bet on any team representing
the institution, or participate in any gambling activity that involves
an intercollegiate athlete through a book maker, or any other method
employed by organized gambling.
They have instituted background checks on men and women basketball
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officials to try to deal with the study that I just mentioned by the
University of Michigan about the number of referees who have been
involved in gambling.
The NCAA has been working in partnership with the National
Association of Student Personnel and Administrators on implementation
of on-campus surveys aimed at obtaining data related to gambling
behavior of college students. The goal is to enlist 50 institutions to
participate in the project. I hope the results will be available later
this year.
The NCAA is working with several of the largest athletic conferences
to assist in the development of comprehensive research on student
athletic gambling behavior. They have other programs they are working
with as well.
My point in mentioning all of that is there were charges made at the
hearing in the Commerce Committee that the NCAA isn't doing enough. I
agree. They are not. They are not stepping up and doing more. That
should not be an excuse for us not doing what is right here, which is
to ban the gambling on student sports. We shouldn't be subjecting our
student athletes to this type of pressure.
Opponents have claimed that this is a state issue, not a federal one.
This argument doesn't hold water. Congress already determined this is a
federal issue with the passage of Professional and Amateur Sports
Protection Act (PASPA) in 1992. Ironically, while Nevada is the only
state where legal gambling on collegiate and Olympic sporting events
occurs, Nevada's own gaming regulations prohibit gambling on any of
Nevada's teams because of the potential to jeopardize the integrity of
those sporting events.
If it is good for the goose, it is good for the gander. This should
be banned everywhere.
During a press conference on my legislation earlier this year I
encouraged colleges and universities from across the country to ask the
Nevada Gaming Control Board to prohibit any wagers from being
``accepted or paid by any book'' on their respective athletic teams in
Nevada. Unfortunately, the board refused the NCAA's request, stating
that ``the same level of protection is already extended within each of
these states.'' What they failed to mention was that no state, except
for Nevada, allows betting on college teams from other states. The
frequency of gambling scandals over the last decade is a clear
indication of legal gambling of college sports stretching beyond the
borders of Nevada, impacting the integrity of States' sporting events
in other places.
I said to the Nevada Gaming Control Board: If you take UNLV off the
books, allow a way for the University of Kansas and Kansas State
University to get off the books. Let our board of regents petition the
Nevada Gaming Board that if they don't want to be on the books, Kansas
State University can be pulled off, the Governor can send a letter
officially requesting, or the legislature can even pass a resolution
saying the request be pulled off the books. Give us a way out to
protect the integrity of our universities.
They denied the request. They said they would not do it because if we
wanted out, there will be a whole bunch more who want out. Should that
not tell us something right there, as well?
I am a strong advocate of States rights. However, States rights meet
a State's authority to determine how best to govern within that State's
own borders; they do not have a right to impact the integrity of Kansas
sporting events. They do not have the authority to set laws allowing a
State to impose its policies on every other State while exempting
itself. Gambling on college sports, both legal and illegal, threatens
the integrity of the game. That threat extends beyond any one State's
borders.
I realize a ban on collegiate sports gambling will not eliminate all
gambling on college sports. However, as Coach Calhoun stated in his
testimony during the hearing: It is a starting point.
It is an important starting point. This is exactly what this
legislation is about, a beginning. It will send a clear signal to our
communities and, more importantly, a clear message to our kids:
Gambling on student athletics is wrong and threatens the integrity of
college athletes.
I believe it is important that every Senator voting on this
legislation should ask him or herself this question: Is it unseemly and
wrong to bet on kids? I think so. If enacted, there will be no
ambiguity about whether it is legal or illegal to bet on college
sports. As part of a broader strategy to resensitize the public to the
problems associated with college sports gambling, this will make a
difference. We should not wait for another point-shaving scandal in
order to act. There will be another point-shaving case that will come
down. Given the amount of money--over $1 billion bet each year on
college sports--there will be another point-shaving case that will
occur.
Mr. President, if the minority, if the Democrat side, chooses to
continue to hold up legislation on appropriations bills, I think this
would be a good time to go take up this bill. I think it would be
appropriate. I think it would be a good time to take it up.
I yield the floor.
The PRESIDING OFFICER (Mr. Enzi). The Senator from Tennessee.
Mr. THOMPSON. Mr. President, I ask unanimous consent I be given 10
minutes to speak in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
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