Commerce Committee Holds Hearing on College Athletics, Including the Booker-Blumenthal College Athletes Bill of Rights

[WASHINGTON, D.C.] — Today, U.S. Senator Richard Blumenthal (D-CT) questioned witnesses during the Senate Commerce, Science, and Transportation Committee hearing on college athletics. The hearing examined leading federal legislative proposals, including Blumenthal’s College Athletes Bill of Rights which he has championed with U.S. Senator Cory Booker (D-NJ), to improve compensation, enforce health and safety standards, and enhance educational opportunities for college athletes.

“What we need here, in essence, is a bill of rights for college athletes, would you agree?” Blumenthal asked Booker, who delivered opening remarks at the hearing.

“I think the word ‘bill of rights,’ whether that's triggering or not to some of my colleagues, the reality is we need to raise the floor for the protections of these athletes. And again my friend, I'm grateful for you and my colleagues across this dais for your heart and concern about athletes' needs,” Booker responded.

Blumenthal emphasized that states are leading the way on name, image, and likeness (NIL) laws, with Connecticut passing an NIL law today, saying: “I've been at consumer protection for three decades now, and this historical pattern is repeated every time, where states fill a gap and then a national standard is sought by a group that fears a patchwork. And I will tell you that I will oppose and help to block any NIL standard that is weaker than Connecticut’s. I expect this Congress should block any NIL standard that is weaker than the strongest state standard.”

Blumenthal stressed that Congress must pass reforms broader than just NIL, stating: “If you listen to the athletes, what they will tell you is they want more than just to be shown the money. They want more than just NIL, they want a strong, enforceable standard for health and safety and educational opportunity, because the overwhelming number of athletes in this country will never make a lot of money off NIL. But all too many of them will suffer life-changing injuries or deprivation of educational opportunity and other kinds of harm we're seeking to protect against.”

Blumenthal lambasted NCAA for “racing to the bottom” and asked NCAA President Dr. Mark Emmert about enforcement standards for schools, saying: “Would you agree with me on behalf of the NCAA that schools that violate safety standards, especially intended to prevent concussions and heatstroke, should face enforcement actions with financial and operational consequences? That's part of what we believe is necessary in a college athlete's bill of rights.”

Emmert responded: “I believe there needs to be some system by which schools are well educated, well aware of and are expected to behave in a manner consistent with all the best medical practices out there.”

Blumenthal emphasized the need for costs to be shared in college athletics, saying: “You know, we have touched on this elephant in the room, the nearly $20 billion in revenue that is made and generated by the blood, sweat, and tears of college athletes, and yet, there are the haves and have nots in college athletics, and I believe in sharing health costs. I think it's a path forward.” Blumenthal cited the medical trust fund outlined by the Booker-Blumenthal College Athletes Bill of Rights which would create a pool of funding to cover out of pocket medical expenses and costs of long-term injuries for all schools, including those less profitable. University representatives present at the hearing, Gonzaga’s Mark Few and Howard’s Dr. Wayne A. I. Frederick, agreed that this type of assistance would be effective.

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