Blumenthal Votes Against Legislation that Fails to Protect College Athletes

[WASHINGTON, DC] - U.S. Senator Richard Blumenthal released the following statement after voting against the Protect College Sports Act (PCSA):

"Sadly, this measure simply isn't good enough - failing to provide strong protections for college athletes and level the playing field," Blumenthal said.

"After all the years I've spent working on this issue, I could never for one minute trust the NCAA to police itself. This bill forces the athletes themselves to enforce its safeguards against the NCAA and conferences that have the power to destroy their athletic careers. Despite my bipartisan amendment to increase conference access, the legislation still does not adequately promote vigorous competition among teams and conferences and instead preserves the exclusive club of the current Power Four membership to the detriment of smaller universities, many in Connecticut."

"The bill has several positive provisions that would curtail unlimited transfers and limit the blurring of the lines between amateur and professional players in college sports. But if a college or player violates those provisions it is solely up to the NCAA to investigate and punish. I have little faith, given past history, that the NCAA will sanction a hugely popular coach, player or lucrative university team if there is such a violation. This supposed protection is a mirage."

"The blood, sweat and sacrifice of college athletes drive a multibillion-dollar industry, and they deserve a level playing field that puts their needs above the NCAA and special interests. This bill misses the mark."

Blumenthal detailed his concerns about the legislation in an August op-ed in the Hartford Courant, "A lasting path to protecting the best of college sports."

Blumenthal and U.S. Senator Ashley Moody (R-FL) secured a vote on an amendment to raise the bill's limit on the number of teams in the Big 10, SEC, and ACC from nineteen to twenty. This would make it easier for non-Power Four teams to join a large conference. The amendment was approved in a voice vote.

During consideration of the bill, Blumenthal also filed the amendments below, which were denied consideration:

• Prohibiting Private Equity and Foreign Sovereign Wealth: Private equity funds and foreign government entities would be barred from entering into agreements with schools, conferences, the NCAA, and collectives that provide them revenue sharing, voting control, and other influence over athletics programs and athletics decisions.

• State Attorneys General Enforcement: State Attorneys General would have broad enforcement power over violations of the provisions of the legislation, ensuring that enforcement of the legislation does not exclusively fall on student athletes.

• Add Treble Damages under the Private Right: The current private right of action only allows for actual damages, which is not a sufficient deterrent for gamesmanship by bad actors. Expanding the treble damages provides a greater deterrence and ensures better compliance with the rules.

• Cut the Notice and Cure Provision: The current private right of action provides a notice, wait, and cure process that is an impediment to a student athlete bringing an action and protecting their rights. The provision included in the legislation also provides an opportunity for gamesmanship with compliance, allowing bad actors to ignore the rules until someone hires a lawyer and attempts to bring them to court. This amendment would have cut the provision altogether.

In July 2023, Blumenthal and U.S. Senators Jerry Moran (R-KS) and Cory Booker (D-NJ) announced a bipartisan discussion draft of legislation to reform college athletics and prioritize athletes' health, education, and economic rights. The College Athletes Protection & Compensation Act would set national standards for name, image, and likeness (NIL), establish a Medical Trust Fund to provide care to injured athletes, prioritize athletes' educational outcomes, and safeguard athletes' health and wellness.

In August 2022, Blumenthal, Booker and U.S. Senators Brian Schatz (D-HI), Ron Wyden (D-OR), and Alex Padilla (D-CA) introduced the College Athletes Bill of Rights, comprehensive legislation to ensure health care for injured athletes, establish new protections for women's sports programs by requiring the NCAA and conferences follow Title IX in their tournaments, and allow athletes to market their NIL.

In August 2020, Blumenthal, Booker, Wyden and U.S. Senators Chris Murphy (D-CT), Kirstin Gillibrand (D-NY), Mazie Hirono (D-HI), Kamala Harris (D-CA), Bernie Sanders (I-VT), and Chris Van Hollen (D-MD) announced the framework for a new college athletes bill of rights to advance justice and opportunity for college athletes. Blumenthal previewed the framework with Booker while serving as Ranking Member during a July 2020 Senate Judiciary Committee hearing on "Protecting the Integrity of College Athletics." The proposal would guarantee fair and equitable compensation, enforceable health and safety standards, and improved educational opportunities for all college athletes.

In February 2020, Blumenthal and Moran held the first-ever Senate hearing on the then-emerging issue of college athletes' NIL. During the hearing, Blumenthal raised concerns regarding the current compensation system and fairness within college athletics, calling the "exploitive" college athletics system "as antiquated as leather helmets."

-30-

• Print
• Email
• Share
• Tweet