WASHINGTON — Another hearing on Capitol Hill showed once again that there is considerable interest in Congress for legislation affecting college sports — and almost equal disagreement over what form a bill should take.
The NCAA, which is either eager or desperate for federal intervention on various issues, can at least take comfort in one recurring theme during Tuesday’s hearing by the Senate Judiciary Committee, titled “Name, Image and Likeness , and the future. university sports.
Between athletes’ money-making activities with their NIL and their recently improved ability to transfer without penalty, “college football is in chaos,” said Committee Ranking Member Lindsey Graham, R.S.C.
College sports “need reform.” It needs reform now,” Richard Blumenthal, Democrat of Connecticut, said at the start of the session that he was presiding in place of Dick Durbin, who was absent due to recent knee surgery.
Twelve other committee members spoke and asked questions a seven-member panel of witnesses including NCAA President Charlie Baker. Joe Manchin, D.W. Va., who is not a member of the committee but co-wrote a college sports bill with Sen. Tommy Tuberville R-Ala., was treated to a special guest appearance.
For more than three hours, almost all expressed in one form or another that action was needed or that they wanted answers from Baker and the NCAA on NIL, transfer rules, health and safety athletes, the prospect of athletes being considered employees. of their schools, the NCAA’s desire for legal protection from lawsuits challenging its rules, changes in visa rules that prevent foreign athletes from entering into NIL agreements in the United States, and the approach of the NCAA towards trans athletes.
“I know everyone has different opinions on this,” Manchin said. “…I hope we can all work together and take the politics out of this.” I know it’s hard to do this anywhere.
THE ROUTE TO FOLLOW: Can Congress pass an NIL bill? It depends who you ask
Baker seemed to be making an effort in this regard. In his written testimony, he said the NCAA is “open to working with Congress” to introduce into federal law a variety of NCAA rule changes and likely rule changes aimed at benefiting athletes. Among these are scholarships that guarantee against injury or removal of an athlete from the team, funding that allows athletes to complete their undergraduate degrees well after their eligibility expires, and health care which would cover athletes for injuries sustained while playing for their school for two years after they leave. school.
This has long been a focus for athlete advocates, who have argued that while it is positive for the NCAA’s membership to make these improvements, there is nothing stopping membership numbers from diminishing them altogether. future.
Meanwhile, Big Ten commissioner Tony Petitti said schools in his conference were willing to offer additional health and wellness benefits to athletes and that athletes were receiving even greater benefits than those “directly from institutions”. Although he did not specify what those elements might cover, ideas that have been floated range from schools’ willingness to pay for athletes’ higher education to providing cash bonuses for graduation .
Republicans generally appear more willing to pass a bill largely limited to replacing a patchwork of state NIL laws with a national standard and providing the legal protection the NCAA covets. Ted Cruz, R-Tex., has been circulating a bill that takes this approach — and he made the case for it again Tuesday.
But John Kennedy, R-La., told Baker and other school representatives on the witness panel: “You might regret asking Congress to intervene here.” …I would be very careful before inviting Congress to micromanage your affairs. … I have a lot of sympathy for the children, I have to tell you. Children make it all possible.
Additionally, Rep. Josh Hawley, R-Mo., said, “I think we need to find a way to give these student-athletes a voice. … Right now, I think there’s a huge power disparity.
Democrats generally appear more committed to passing a bill that covers better protections for athletes. Sheldon Whitehouse, DR.I., in addressing long-term health care for athletes, noted “we do this all the time with (military) veterans. ” He added that if veterans experience service-related health issues, “20 years later, the VA provides coverage.”
Blumenthal, who circulated the draft of a bill of such magnitude along with Senators Cory Booker, D-N.J., and Jerry Moran, R-Kan., asked each of the witnesses whether they opposed any of the four elements of this bill: The creation of a medical trust fund to support athletes with long-term health care for injuries sustained while playing for their school; require at least high-revenue schools to cover all insurance and direct medical costs for athletes; guaranteed scholarships; and what he called enforceable health and safety standards “to protect college athletes from serious injury, mistreatment, abuse and death.” (This is contrary to the many guidelines put in place by the NCAA).
None of the witnesses said they were opposed to any of these concepts.
Blumenthal then said, “Your views on this issue are deeply important and show that we need to think beyond simple NIL standards. »
But Blumenthal expressed skepticism about the idea of athletes becoming employees of their schools.
Concluding the hearing, however, Blumenthal said: “One point that stands out clearly is that the current system is not working. It is broken and the corrective actions taken so far are laudable (by the NCAA), but so far insufficient. And Congress must do its job to protect student-athletes.
The question that remains is: How?
