[Congressional Record Volume 167, Number 103 (Monday, June 14, 2021)]
[Senate]
[Pages S4507-S4508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMATEUR ATHLETES PROTECTION AND COMPENSATION ACT
Mr. MORAN. Madam President, I am on the floor this afternoon to
discuss the issue of student athletes having greater control over their
name, image, and likeness.
Over the years, intercollegiate athletics have become a staple in
American culture and higher education. No other country in the world
has a sports college model that compares to ours, which affords
thousands of young adults each year the opportunity to leverage their
athletic ability into a quality education and continue playing the
sport they love. But over the years, college athletics have grown into
an increasingly profitable, billion-dollar industry, and the rules
surrounding athlete compensation have not kept pace.
Now, individual States have created laws that will guarantee an
amateur athlete the ability to profit off their name, image, and
likeness without fear of being reprimanded. Again, I highlight that
individual States have made those decisions and are creating laws.
Nineteen States have now passed NIL legislation, and of those 19, 6
will go into effect in less a month--July 1, just, really, a few days
away.
As more and more States continue to pass their own legislation, we
are quickly headed for a system of inconsistent State laws that will be
cumbersome and in some cases unworkable for athletes and the schools to
navigate. Intercollegiate athletics are an inherently interstate
matter. Our model makes certain the best teams and the best athletes
compete against one another no matter their geographic location. This
requires a single Federal standard that all schools and all athletes
can operate under.
College sports and the opportunities they provide student athletes
will be dramatically harmed if we are unable to pass a Federal
standard. Each year, we will have States introducing or updating their
NIL laws in order to gain just a bit more of an advantage in attracting
athletes to their institutions.
We have already seen this begin to play out. Following California's
passage of the first State NIL law in September 2019, there has been a
rush of action by 18 other States to quickly follow suit, hoping to
remain competitive as athletic departments recruit athletes to their
States' schools. The floodgates will fully open on July 1--only 16 days
away--when State NIL laws begin to take effect.
The time to act is now. There is a compromise to be found to both
empowering amateur athletes to profit from their name, image, and
likeness and guaranteeing greater protections, while at the same time
maintaining the integrity of our one-of-a-kind collegiate model that
has provided millions
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of people the opportunity to get a quality education. We can accomplish
both of these goals and provide college athletics with the certainty
that it needs.
In February, I introduced the Amateur Athletes Protection and
Compensation Act--my proposal to accomplish this necessary balance. My
legislation would create a single set of guidelines that would enable
amateur athletes to profit from their name, image, and likeness by
prohibiting conferences, schools, and athletic associations, like the
NCAA, from rendering an amateur intercollegiate athlete ineligible on
the basis of receiving that NIL compensation. It would also codify
serious athlete protections like extended healthcare coverage for
athletic injuries or illness and scholarship guarantees.
I understand this legislation is not perfect in everyone's eyes. It
is not perfect in its current form, but it offers not only the quickest
but the best path towards enacting meaningful Federal legislation on
issues of amateur athletic name, image, and likeness.
When I say it may not be perfect, there are certainly things that we
can negotiate to improve, and it is not the extreme on either side of
this issue, but it is something that a broad set of Senators, Members
of the House, and a President could come behind and certainly is
perhaps the only piece of legislation that has a chance of being
enacted anytime soon. I recognize there are many ideas on what should
and should not be included in an NIL bill, and I welcome those
conversations with my colleagues.
I strongly encourage the U.S. Senate, the Commerce Committee, and my
colleagues on that committee to act quickly on this urgent matter and
join us in this legislation to make progress on this important issue.
The time is short, but if we work together, we can accomplish a goal
that is needed in this country and accomplish it by the time that it is
needed to occur.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. GRASSLEY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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