Wisconsin, pennsylvania, and arizona. Ncaa officials, university leaders, and armor student athletes testified to a senate panel about the benefits and challenges of allowing College Athletic programs and athletes to profit from the use of their name, image, or likeness. They also talked about the impact of the coronavirus on College Sports. I had to participate in the environment and public works committee. We have a quirky rule in the if in our committees you want to vote no by proxy, that counts. If you want to vote yes by proxy, that doesnt count, so i had to be there in person. We cannot get started. Are you ready . Thank you so much. This hearing will come to order. Convenes toommittee discuss the issue of compensating student athletes for the use of their name, image, and likeness and il nil. I welcome our panel of witnesses and thank them for. We will hear from the vice chancellor Intercollegiate Athletics from university of mississippi, my alma mater, where a letter in zero sports. Michael drake, chair of the National CollegiateAthletic Association board of governors and president emeritus of the ohio state university. Ms. Dion koller, professor of law and director of the center thesport and the law at university of Baltimore School of law. The commissioner of the Southeastern Conference, and mr. Eric winston, chief partnerships for one team partners, former president of the nfl players association, former nfl player and College Athlete. Are a bit large of american families, communities, and states. College sports have long been deeply rooted in our culture. This is true in my home state of mississippi where there are over 30 institutions of Higher Learning that offer College Athletic programs. Like a lot of places across the United States, College Sports is never far from the minds or. Emories of mississippians reliving and recounting the results of past contests theres a common occurrence. For example, almost fans ole miss fans still talk about the gamewinning intersection in the end zone to help ole miss knock off topranked alabama in 2014. I was there. I remember where i was sitting in hemingway stadium at the time. It is still thrilling to recall Morgan Williams overtime jumper to help the Mississippi State 111gameand uconns winning streak in 2017 end uconns 111game winning streak. Ingrain in our student athletes the values of fair play, sportsmanship, and teamwork. Sports have helped lead societal change as they continue to help unite the country. College sports also offer valuable valuable academic opportunities for students who might otherwise have none. With these things in mind, i approach the topic of todays hearing with an abundance of caution and reluctance even skepticism and trepidation. On this issue, Congress Might well heed the timehonored democratic oath, first do no harm. This Committee Seeks expert advice today as we decide which direction we begin to take for congressional action on the compensation in College Sports. More than 30 states have adopted, introduced, or signal plans to introduce legislation allowing for student athletes to be compensated for the use of their nil. I believe my colleagues recognize the need to avoid differences among the states by having uniform sets of standards by which our collegiate student athletes compete. A set of uniform standards that strive for a level Playing Field. At the same time, we must recognize that any standards for the compensation of nil must also provide protections for students, schools, and associations, particularly towards student athletes. Ofmust be mindful of the law unintended consequences. Human nature being what it is, we need to realize that some of our fellow mortals will seek and likely find loopholes for an unfair advantage. Over the last four months, ive spent hours on the phone with University President s and Athletic Directors and former collegiate athletes to help understand the current collegiate student athlete system and how to approach a National Policy on nil. As part of that process and in preparation for this hearing, i sent a list of 20 questions 250 collegiate associations, conferences, universities, colleges, and service academies. We have summarized those responses and put that information on the committee website. Without objection, i will enter att document into the record this point. Hearing none, that will be done. In may, the ncaa board of governors working on the issue of student athlete compensation, the modernization of monetization of rules related to nil, we are grateful to have that input as well, and i ask unanimous consent to insert that into the record also. Without objection, it will be done. In most every discussion ive had, the topic inevitably turns to a look at the many ways this issue might be of use or go awry. For example, will High School Athletes choose to attend a university in a large media market because they believe it will generate more value yeah will more value . Universities be prevented from manipulating contracts in the recruiting process . Will it be easier or harder for the star player on a team to put the team first, even when showcasing individual talent may increase nil income . Rise in result in a student athlete transfers to universities in bigger advertising markets . How will thirdparty is contracting with student athletes be regulated . How will that impact schools ability to ensure compliance and enforcement of ncaa rules . 18yearold emotionally and financially prepared to make all the choices required to enter into nil contracts . What will be the impact of the students academic obligations . Will permitting compensation for nil further widen the gap between the haves and havenots among institutions of Higher Learning . The list goes on and on. Senator moranout for taking the first steps on this issue by holding a subcommittee on nil earlier this year. I know he shares with me the sense of importance and urgency. I look forward to working with him and all the members on the Commerce Committee as we move forward in seeking a solution. Many questions remain. I hope our community will gain a better understanding of these complicated issues and the challenges for us by means of these expert witnesses. I thank you for being here and recognize my dear friend and colleague, Ranking Member cantwell, for her opening remarks. Thank you, mr. L chairman. Thank you or that long and artful statement and a little bit of reminiscence about your own experiences. I consider myself a sports fan, and definitely collegial sports fan, but certainly one that sides with wanting to have amateur athleticism and to make sure we are keeping amateur athleticism. If anything, i feel like we should be doing more in our committee in our oversight in the violations in that amateur athleticism that occur all the time. Mark me down is not a fan of one and done but somebody who really believes in the collegial system, as you said, of giving athletes a sense of leadership, teamwork, building all sorts of character that i hope that we can continue to preserve as we look at this legislation. I want to thank our witnesses were being here, too. I know you come from a breadth and depth of these issues. At the outset, i hope we have a chance to talk about the Current Health care crisis as we are moving closer to the beginning of the academic year, and know that the pandemic is not relenting. I want to make sure we are putting into place safeguards to protect our student athletes as we look forward to what the collegial environment might be this fall. This issue of compensation for student athletes is a complex one, as the chairman just mentioned, with strong feelings on both sides, growing legal battles in courtrooms and state legislatures around the country. Despite its complexity, it is impossible to ignore the simple fact that these athletes do produce millions of dollars of value for the ncaa and member institutions and are not able to other themselves as athlete students would be. The status quo is especially jarring as we look at this National Reckoning on Racial Justice and civil rights issues and want to understand the on all of the nil athletes. I look forward to the discussion and potential solutions we will discuss today. I am not a fan of an ncaa antitrust exemption. I think that quashing all thistum for change with legal instrument is both unnecessary and illadvised. Congress, i propose fully deferring to the ncaa on just coming up with the rules on name, images, likeness. The chairmans very thoughtful discussion and hard work on this shows we need to have some oversight to make sure it is done right. The chairman just articulated a long list of complexity to the issue, which i very much appreciate his understanding and the delicate balance that so many institutions have already tried to achieve by complying with the rules that are on the books today. I agree with the chairman that we dont want to see a new system in which violations would occur because somebody sees a new avenue to promote a what isive edge in hopefully as balanced as we can get, but again, like i said, i think we should have more oversight on these issues. How can we find a solution that preserves both the character of College Sports while also providing athletes welldeserved rights . As i said, i believe in preserving amateurism and that athletes would be able to grow, and i look forward to hearing professor kohlers comments on these issues and exactly how we can achieve this. I believe congress should take the time to get this right. It must be an open process. Hundreds of thousands of current athletes and millions of future athletes and their families are depending on it. As the chairman said, this is a long tradition. It is part of our culture. These institutions, these athletic events, and we dont want to turn them into one more avenue of, again, people just gaming the system on behalf of the athletes and then leaving the athletes again without their own recourse. A set forward to seeing of solutions that we can agree alsond i hope that we can at some time look more closely at mechanisms to ensure that female athletes have the same opportunity to earn compensation as their male colleagues. I think this is an important issue that deserves its own hearing at its own focus, and hopefully, we can get to that at some future date. Thank you, mr. Chairman. Ricker chairman wicker thank you, senator cantwell. The witness statements will be entered into the record in their entirety. We ask each witness to summarize their testimony in five minutes. Will bee, mr. Winston joining us remotely. We just begin at the left end of the table here and proceed down the table. Mr. Carter, you are recognized. Wicker,er chairman Ranking Member cantwell, members of the Commerce Committee, good morning. Im the vice chancellor for Intercollegiate Athletics at the university of mississippi. More commonly referred to in athletic circles as ole miss. Its an honor and privilege to represent our great university, the Southeastern Conference, and other Athletic Directors and student athletes from across the country regarding name, image, and likeness. I would like to thank senator wicker for inviting me to testify today, to everyone on the committee for your interest and the attention as we look to Work Together and answer your questions regarding this timely and critical issue for student athletes across the country, for federal legislation that provides a uniform standard for name, image, and likeness nationwide. I believe it is time for Intercollegiate Athletics to find a pathway forward. Legislation of this magnitude dealing with student athletes personal image and compensation how compensation models could potentially be implemented must be delivered in a thoughtful and inclusive manner. Athletics has been part of my life since i was five years old. Growing up, i played baseball and best of all and openly had an opportunity of pursuing the high stream of competing at the highest level and fulfilling the goal of completing my undergraduate degree. I was complete i was recruited by numerous close and chose to be an athlete at the university of mississippi. When i play basketball, i enjoyed the student experience. While the schedule was rigorous, class, study hall, weight training, practice, and studenty competition, athleticism shaped and molded me into the person i am today. I also noticed my image and presence grew as i improved as a player and as my team became more successful. I was more recognized on campus and within the community. Interview requests increased. Public appearances increased, and looking back, there would have been some level of market value for myself and my teammates. Today, the landscape has drastically changed. If its social media, endorsements, or promotions, our student athletes have an unprecedented opportunity to capitalize on their name, image, and likeness, similar to thousands of students who may attend college. After finishing my basket career in europe, i realized i wanted to be back on a College Campus working in an Athletic Department. Being a product of College Athletics and having a reallife story of how much my Student Athlete Experience prepared me for the richer, i felt a great obligation to give back. Special people such as coaches, administrators, and countless others made a difference in my life. I wanted to use my experience as a student athlete and the lessons i learned along the way to help other young men and women achieve their goals. As i moved into a leadership role as athletics director at my alma mater, i take pride in listening to student athletes. I often get questions about the opportunities to benefit from their nil in the same way their nonathlete classmates to and the timing around any potential legislation. What does this model look like . Its obviously very complex, but we have an opportunity to shape what this could look like to ensure that unintended consequences do not cause longlasting ripple effects on the ability to support our almost 400 athletes. Its also prudent that government structure be formed around legislation to ensure that each state and therefore each university in the nation has a uniform framework that continues to focus on education and the unique appeal of the current amateur model, ensuring that our student athletes remain students and College Athletics does not become pay for play, essentially another professional league, is essential in any potential solution. In my opinion, the preferred nil system involves thirdparty compensation only wear colleges and universities are not allowed to pay for or otherwise facilitate nil opportunities for their student athletes. Another important component must ensure that nil opportunities are kept out of the recruiting process. Absent sufficient regulatory framework, nil opportunities could be used as improper inducements during recruiting that could deter student athletes from appropriately considering the athletic and academic opportunities a particular University May offer him or her. Regulation of agents and boosters facilitating or offering nil opportunities is also essential to a healthy framework. We come before you today to speak to the needs of federal legislation to provide baseline consistency for this muchneeded opportunity. Our goal is to work with you to put forth a National Framework and first and foremost protect the interest of all student athletes, both male and female, preserve the amateur model of Intercollegiate Athletics, safeguard the recruiting process, and ultimately provide equal opportunities for all student athletes to benefit from manner asin the same their nonathlete classmates. Thank you for the opportunity. I ultimately believe more can and should be done for our student athletes, but it must be done in a way that promotes continued education to give consistent opportunities for all. I look forward to working toward a solution to enhance the lives of student athletes in the future. Thank you. Chairman wicker thank you, mr. Carter. Dr. Drake, welcome. Dr. Drake [inaudible] i had a green light. Im so sorry. I was thinking go. Good morning. Members of the committee, on behalf of the National Collegiate athletics oc Asian University and the on behalf of which i was introduced as president emeritus, which has been the case for about two and half hours, i appreciate your conversation. As a medical doctor and 20year member of the National Academy of medicine, i have testified before the subject area expert, and im grateful to do so again. In spring 2019, interest in the issue heightened with the introduction of legislation that would permit student athletes to be compensated for use of their nil. The ncaa board of governors established a working group in may 2019 to examine the issue and develop recommendations. Boardober 2019, the ncaa of governors unanimously supported the working groups recommendations and began the process of modernizing its rules to allow students participating in athletics the opportunity to benefit on the use of their nil. As outlined in my testimony,