To a Senate Committee hearing looking at college ath lecks and athlete compensation. Live coverage on cspan 3. But in the institutions of Higher Education themselves, and then before that in 1929 a report from the carnegie education was being neglected and commercialism reigned. The ncaa had been formed to protect the safety of players and deal with corruption. Now, my second experience forming an opinion about the subject were talking about today came from my service of that Night Commission when i was president of the university of tennessee. Our Commission Recommendation was that University President s take charge, assert themselves, take charge of College Athletics, to take charge of the huge amount of Television Money it attracted and restore academic and financial integrity to the programs. As a result over the next several years academic standards became more stringent, Financial Support for student athletes increased, college presence asserted more responsibility for financial controls. What is especially relevant to todays hearing is that despite the problems surrounding Intercollegiate Athletics then the Night Commission strongly endorsed keeping the student athlete tradition. This is what the Night Commission said, and i think its worth repeating. Quote, we reject the argument that the only realistic solution that is to the corruption, to the problem is to drop the student athlete concept, put athletes on the payroll and reduce or even eliminate their responsibilities as students. Quote, such a scheme has nothing to do with education. The purpose for which colleges and universities exist. Scholarship athletes are already paid in the most meaningful way possible with a Free Education. The idea of intercoliegeiate athletics is that teams represent their institutions. As true members of the student body and not as hired hands. Surely american Higher Education has the ability to devise a better solution to the problems of Intercollegiate Athletics than making professionals out of players. Which is no solution at all but an unacceptable surrender to despair, unquote. I hope those words from the might commission 30 years ago will help guide this congress dealing the newest issue. Allowing commercial interests to pay athletes for the use of their name, image and likeness. Already four sfats have enacted laws sanctioning such payments in various forms. And more than 30 states are considering such legislation. Senator roger wicker, chairman of the Commerce Committee, is considering whether there ought to be congressional action. Our purpose today as the Senate Education committee is to inform the work of the Commerce Committee by considering the act of such payments for student athletes. It would make sense to take a min toot consider exactly who and what were talking about nearly 1,100 of those 6,000 colleges and universities are members of the ncaa. More than 460,000 young men and women participate in 24 different sports each year, and about one quarter of 1 million contests. About 3en00 of those institutions play football and basketball at the highest level. Fewer than 2 of student athletes would go onto play professional sports according to the ncaa. So this means were talking about approximately 9,000 College Student athletes who compete in a few sports out of more than 460,000 College Athletes across 24 sports. So the current controversy is primarily about an even smaller number. Those students who play football, baseball or men or Womens Basketball, and whose skills erfor the institutions of which may play make them attractive targets for recruiter officers that will combine their scholarship dollars with endorsement money. For example, an exceptional quarterback, pitcher or running back might be offered a half Million Dollars a year by a car dealership in the same town as a college with a big time football, baseball or basketball program. Now, as the Night Commission said student athletes are already paid in the most meaningful way with an education. Athletic scholarships are limited to tuition andifies, room and board or course related books, but this could add up to a lot of money. Student athletes may also combine other sources of Financial Aid including federal and state need based aid to help cover the full cost of attendance. These includes pell grants, supplemental education opportunity grants, work study state grants based on need using federal need calculations using tennessees hope scholarship or veterans programs such as the gi bill or post9 11 gi bill. About 92,000 or 20 of the student athletes received pell grants which can be up to 6,200 more. According to the College Board the value of a lifetime agree is 1 million over an individuals lifetime, and 88 of the ncaas student athletes graduate, earn a degree. Now to the question at hand. Should congress act or should varying state laws govern payments for name, image and likeness to student athletes. Is a patchwork set of regulations worth the confusion it would cause for unrestrained boosters, creative agents, the impact of title on men and womens programs, on the effort and most of all on the tradition of the intercollegiate student athlete. Solving that problem will be the job of the Commerce Committee but we can inform their decision with todays testimony and senators comments. Based on my experience as a student athlete, my time as a university membership, my member on the Night Commission let me offer these suggestions. One, the Night Commission was correct to say that student athletes should not be on the payroll and shouldnt be treated as hired hands. Two, congress should act but in a limited way as possible to authorize an independent entity safe from litigation to write rules governing payments for the use of names, image and likeness. Congress imagine all 535 of us doing this should provide that entity rather than try to write those rules. Three, that governing entity should be the ncaa. I know the ncaa is controversial. So will any entity that tries to write rules for intercollegiate student athletes. The ncaa is not doing a good job. The president s of the universities in charge of it ought to reform it. Giving the job to some existing entity such as the federal trade commission which does not have exercise any expertise or any sense of responsibility for Higher Education makes no sense. Giving the job to a new entity would take forever. Now as to rules which the ncaa should write, heres what i believe should be the overriding principle. Money paid to student athletes for the use of their name, image and likeness should benefit all student athletes at that institution. Following this principle would allow the earnings to be used for additional academic support, further study or degrees, more Health Insurance options, more support for injured players and other needs. It would avoid the awkwardness of a center who earns nothing snapping to ball to a quarterback who earns a half Million Dollars for promoting the local auto dealer. It would avoid the abuse that would occur with agents and unexpected consequences of other teams and institution because of impact of title 9 or impact on existing student aid to athletes. Such a principle as im suggesting preserves the right of any athlete to earn money for the use of his or her name, image or likeness. It simply says if aioelect to be a student athlete your earnings should benefit all student athletes at your institutions. If you want to keep the money and be someones employee then go join a professional team. This system would create the same kind of choices that todays ncaa rules for College Baseball require. A High School Student will stay three years if he chooses to participate in a College Baseball program. Senator kaine and i were talking before the hearing about virginia and vanderbuilt space program. Take vanderbilt, for example, familiar names to Major League Baseball fans, all very successful professional athletes now, all were drafted by Major League Baseball teams while they were in high school. They could have earned a lot of money going directly into professional baseball. Instead they chose a vanderbilt education, three years of College Experience and the opportunity to be taught by coach tim corbin. If price, gray and swanson had been permed to sell their name, image and likeness while at vanderbilt under the principle im suggesting their earnings would have been used for the benefit of all of vanderbilt sports teams, men and women. Applying such a principle to all Intercollegiate Athletics might cause a few talented athletes to join professional leagues immediately after high school. That is their right. But if that young athlete prefers the College Experience, the expert coaching and teaching, the Free Education, other academic support and the additional 1 million in their lifetime that comes with earn agCollege Degree, then their earnings should benefit all the students at their institution. While the ncaa is making new rules, it ought to decide most of the tv revenues to institutions for academic support for student athlete rather than continue to encourage high salaries for some coaches. I do not see a good ending to allowing a few student athletes to be paid by commercial interests while most of their teammates are not. If Young Athletes want to be a part of a team, enjoy the undergraduate experience, learn from teachers who are the best in the country and be paid a full scholarship that helps them earn a Million Dollars during their lifetime, then all the student athletes at their institution should benefit, if that student athlete wants to keep the money for himself or herself, that student athlete should become a professional. Ill now recognize senator murray for her opening statement. Thank you very much, mr. Chairman. And thank you to all our witnesses for joining us for this hearing today. Before i speak on the hearing, mr. Kmarman, i wanted to mention a few things. And first of all i just wanted to say ive been in very close contact with local leaders on the ground, families in my home state of washington and the west coast are dealing with devastating fires that are wiping out communities and damaging air quality dramatically. And i just want to publicly thank the many courageous First Responders and firefighters who are risking their lives to save our families and communities and let them all know im committed to doing everything i can to make sure that local Fire Departments and officials and communities have everything they need to fight these fires and begin this long road to recovery. So thank you for allowing me to say that. And secondly, mr. Chairman, i want to take a moment to just acknowledge your many decades of leadership on a vast number of issues including on todays topic, which i know youve always been focused on. Throughout our time in the senate and our six years running this committee together youve often helped the committee and its members in leeing us in very important discussions on Critical Issues facing families across this country. And i know i speak for all the members when i thank you for the manner in which you have partnered with me to run this committee as we look into issues like name, image likeness and so many others. It is easy especially now to just go to our respective corners and not have a discussion about big problems that our country is facing. And it demonstrates really your commitment to this institution and the importance of dialogue that even now youre facilitating bipartisan discussions on topics like this. And i know january is a ways off, but i want to start off by thanking you for all of your great work in this committee and the senate. Mr. Chairman, i have to say our Work Together really means a lot to me because while we do have different backgrounds and different perspectives and different styles you and i and the great members of this committee share a commitment to getting things done for families and communities we represent and for our country. We both want to continue the Important Role this committee and the senate play, and we truly will miss you helping drive discussions like the one were having today. Again, gev the years youve come to work looking to solve problems not score political points. So i know i speak for all Committee Members on both sides of the aisle when i say you will be greatly missed. Theres no better proof of your determination to work in a bipartisan way and do whatever it takes to find Common Ground than countless bills that weve worked on together and this committee was successful in passing. They managed to get blipartisan support from all of our colleagues. And millions of families for years to come will benefit from your work, so thank you. Now, today im glad to have the opportunity to talk about College Athletes, which i know is personal to you as a former track and field star. And mr. Chairman, as you and i talked about before the issue of compensating College Athletes is something youve long been focused on, and im glad were having this conversation today. I also want to thank senator murphy for pushing us to have this discussion today and to colleagues who are at this Committee Like senator booker for their leadership and irk on this issue. This summer our nation finally began to reckon with Police Brutality and the pervasiveness of systemic racism in our country, a reality which so many have lived with their entire life. One of the many issues we are overdue to address is the exploitation of College Athletes which has profound racial and Economic Justice implications. For too long the 15 billion College Sports industry has been a glaring example of economic and racial inequity, one where a mujor of athletes in division one Revenue Generating sports are black, and mostly white coaches i ncaa officials make mimmians off the labor of young College Athletes. Dispute the fact College Athletes bring in millions of dollars for colleges each year and stimulates local economies across the country, they are prohibited from receiving a penny in compensation. Now, i know there are people who say, quote, Free Education is privilege or compensating athletes will hinder their education or paying College Athletes will be the end of College Sports as we know it. But the stories i have heard from many Young Athletes back in my home state of washington about the inequity and abuse theyve experienced show how our Current System excludes Young Athletes particularly Young Athletes of color. And it has to be reformed. I heard from a former allstar black College Athlete in Washington State who before he went pro said he had to steal food from the cafeteria and dproesry stores pause he was not allowed to work, and he couldnt afford food. Thats a tough thing for someone to share, but he wanted everyone to know just how difficult it can get for so many athletes. There are countless stories of College Athletes who had their futures thrown into jeopardy because they got injured and were not guaranteed longterm Affordable Health care. And in some instances they might lose their scholarship and their chance at an education. College athletes are struggling to manage their academic course loads and grueling daily schedules filled with work outs, practices and games while also facing food and economic insecurity. While the ncaa and member schools enter into billion dollar media deals, universities invest in lecture facilities, coaches receive Million Dollar salaries and more. I urge all my colleagues in the senate to listen to the experiences of Col