[House Hearing, 118 Congress] [From the U.S. Government Publishing Office] TAKING THE BUZZER BEATER TO THE BANK: PROTECTING COLLEGE ATHLETES' NIL DEALMAKING RIGHTS ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON INNOVATION, DATA, AND COMMERCE OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTEENTH CONGRESS FIRST SESSION __________ MARCH 29, 2023 __________ Serial No. 118-18 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Published for the use of the Committee on Energy and Commerce govinfo.gov/committee/house-energy energycommerce.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 54-500 PDF WASHINGTON : 2024 COMMITTEE ON ENERGY AND COMMERCE CATHY McMORRIS RODGERS, Washington Chair MICHAEL C. BURGESS, Texas FRANK PALLONE, Jr., New Jersey ROBERT E. LATTA, Ohio Ranking Member BRETT GUTHRIE, Kentucky ANNA G. ESHOO, California H. MORGAN GRIFFITH, Virginia DIANA DeGETTE, Colorado GUS M. BILIRAKIS, Florida JAN SCHAKOWSKY, Illinois BILL JOHNSON, Ohio DORIS O. MATSUI, California LARRY BUCSHON, Indiana KATHY CASTOR, Florida RICHARD HUDSON, North Carolina JOHN P. SARBANES, Maryland TIM WALBERG, Michigan PAUL TONKO, New York EARL L. ``BUDDY'' CARTER, Georgia YVETTE D. CLARKE, New York JEFF DUNCAN, South Carolina TONY CARDENAS, California GARY J. PALMER, Alabama RAUL RUIZ, California NEAL P. DUNN, Florida SCOTT H. PETERS, California JOHN R. CURTIS, Utah DEBBIE DINGELL, Michigan DEBBBIE LESKO, Arizona MARC A. VEASEY, Texas GREG PENCE, Indiana ANN M. KUSTER, New Hampshire DAN CRENSHAW, Texas ROBIN L. KELLY, Illinois JOHN JOYCE, Pennsylvania NANETTE DIAZ BARRAGAN, California KELLY ARMSTRONG, North Dakota, Vice LISA BLUNT ROCHESTER, Delaware Chair DARREN SOTO, Florida RANDY K. WEBER, Sr., Texas ANGIE CRAIG, Minnesota RICK W. ALLEN, Georgia KIM SCHRIER, Washington TROY BALDERSON, Ohio LORI TRAHAN, Massachusetts RUSS FULCHER, Idaho LIZZIE FLETCHER, Texas AUGUST PFLUGER, Texas DIANA HARSHBARGER, Tennessee MARIANNETTE MILLER-MEEKS, Iowa KAT CAMMACK, Florida JAY OBERNOLTE, California ------ Professional Staff NATE HODSON, Staff Director SARAH BURKE, Deputy Staff Director TIFFANY GUARASCIO, Minority Staff Director Subcommittee on Innovation, Data, and Commerce GUS M. BILIRAKIS, Florida Chairman LARRY BUCSHON, Indiana JAN SCHAKOWSKY, Illinois TIM WALBERG, Michigan, Vice Chair Ranking Member JEFF DUNCAN, South Carolina KATHY CASTOR, Florida NEAL P. DUNN, Florida DEBBIE DINGELL, Michigan DEBBIE LESKO, Arizona ROBIN L. KELLY, Illinois GREG PENCE, Indiana LISA BLUNT ROCHESTER, Delaware KELLY ARMSTRONG, North Dakota DARREN SOTO, Florida RICK W. ALLEN, Georgia LORI TRAHAN, Massachusetts RUSS FULCHER, Idaho YVETTE D. CLARKE, New York DIANA HARSHBARGER, Tennessee FRANK PALLONE, Jr., New Jersey (ex KAT CAMMACK, Florida officio) CATHY McMORRIS RODGERS, Washington (ex officio) C O N T E N T S ---------- Page Hon. Gus M. Bilirakis, a Representative in Congress from the State of Florida, opening statement............................ 1 Prepared statement........................................... 4 Hon. Jan Schakowsky, a Representative in Congress from the State of Illinois, opening statement................................. 6 Prepared statement........................................... 8 Hon. Cathy McMorris Rodgers, a Representative in Congress from the State of Washington, opening statement..................... 10 Prepared statement........................................... 12 Hon. Frank Pallone, Jr., a Representative in Congress from the State of New Jersey, opening statement......................... 14 Prepared statement........................................... 16 Hon. Lori Trahan, a Representative in Congress from the Commonwealth of Massachusetts, opening statement............... 17 Prepared statement........................................... 18 Witnesses Jennifer Heppel, Commissioner, Patriot League.................... 19 Prepared statement........................................... 21 Answers to submitted questions............................... 141 Makola M. Abdullah, Ph.D., President, Virginia State University.. 26 Prepared statement........................................... 28 Answers to submitted questions............................... 146 Trey Burton, Former National Football League player.............. f34 Prepared statement........................................... 36 Answers to submitted questions............................... 148 Kaley Mudge, Student Athlete, Florida State University........... 39 Prepared statement........................................... 41 Answers to submitted questions............................... 150 Pat Chun, Director of Athletics, Washington State University..... 43 Prepared statement........................................... 45 Answers to submitted questions............................... 153 Jason Stahl, Ph.D., Executive Director and Founder, College Football Players Association................................... 53 Prepared statement........................................... 55 Answers to submitted questions............................... 157 Submitted Material Inclusion of the following was approved by unanimous consent. Letter of March 27, 2023, from Kim Pate, Vice President for Athletics, Lenoir-Rhyne University, to Subcommittee Members.... 103 Statement of Trinity Thomas, Gymnast and Health Education & Behavior Student, University of Florida, March 29, 2023........ 106 Letter of March 28, 2023, from Steve Murray, Commissioner, Pennsylvania State Athletic Conference, to Subcommittee Members 109 Statement of DeWayne Carter, Duke Football, et al., March 28, 2023........................................................... 111 Letter of March 28, 2023, from Matt Wilson, Commissioner, Gulf South Conference, to Subcommittee Members...................... 113 Letter of March 28, 2023, from Michael A. Driscoll, President, Indiana University of Pennsylvania, to Subcommittee Members.... 115 Letter of March 28, 2023, from Carrie Michaels, Senior Associate Director of Athletics, Shippensburg University, to Subcommittee Members........................................................ 117 Letter of March 28, 2023, from Jere W. Morehead, President, University of Georgia, March 28, 2023, to Subcommittee Members. 119 Letter of March 28, 2023, from Dr. Dean L. Bresciani, Distinguished Professor and Former President, North Dakota State University, to Mr. Bilirakis, et al...................... 122 Letter of March 28, 2023, from Jeffrey Docking, Ph.D., President, Adrian College, to Mr. Bilirakis, et al........................ 125 Letter of March 27, 2023, from Dr. Sandra Woodley, President, University of Texas Permian Basin, to Mr. Bilirakis, et al..... 128 Letter of March 28, 2023, from Greg Christopher, Vice President for Administration and Director of Athletics, Xavier University, to Subcommittee Members............................ 131 Letter of March 28, 2023, from Jack Langan, Vice Chair, Division III National SAAC, NCAA, to Subcommittee Members............... 133 Commentary of March 21, 2023, ``Even the Supreme Court Can't Save the N.C.A.A. From Itself,'' by Bomani Jones, New York Times.... 135 Letter of March 29, 2023, from Representatives Colin Z. Allred, August Pfluger, and Emanuel Cleaver II, to Mr. Bilirakis, et al............................................................. 137 Commentary of July 1, 2021, ``At Notre Dame, We Believe `Student' Should Come First in `Student-Athlete,''' by John I. Jenkins, New York Times................................................. 139 TAKING THE BUZZER BEATER TO THE BANK: PROTECTING COLLEGE ATHLETES' NIL DEALMAKING RIGHTS ---------- WEDNESDAY, MARCH 29, 2023 House of Representatives, Subcommittee on Innovation, Data, and Commerce, Committee on Energy and Commerce, Washington, DC. The subcommittee met, pursuant to call, at 10:30 a.m., in room 2322, Rayburn House Office Building, Hon. Gus M. Bilirakis (chairman of the subcommittee) presiding. Members present: Representatives Bilirakis, Bucshon, Walberg, Duncan, Dunn, Lesko, Pence, Allen, Fulcher, Harshbarger, Cammack, Rodgers (ex officio), Schakowsky (subcommittee ranking member), Castor, Blunt Rochester, Soto, Trahan, Clarke, and Pallone (ex officio). Also present: Carter, Pfluger, and Cardenas. Staff present: Kate Arey, Content Manager and Digital Assistant; Michael Cameron, Professional Staff Member, Innovation, Data, and Commerce; Jessica Herron, Clerk, Innovation, Data, and Commerce; Sean Kelly, Press Secretary; Peter Kielty, General Counsel; Chris Krepich, Press Secretary; Tim Kurth, Chief Counsel, Innovation, Data, and Commerce; Brannon Rains, Professional Staff Member, Innovation, Data, and Commerce; Lacey Strahm, Fellow, Innovation, Data, and Commerce; Michael Taggart, Policy Director; Teddy Tanzer, Senior Counsel, Innovation, Data, and Commerce; Hannah Anton, Minority Staff Assistant; Ian Barlow, Minority FTC Detailee; Waverly Gordon, Minority Deputy Staff Director and General Counsel; Daniel Greene, Minority Professional Staff Member; Tiffany Guarascio, Minority Staff Director; Lisa Hone, Minority Chief Counsel, Innovation, Data, and Commerce; Mackenzie Kuhl, Minority Digital Manager; Joe Orlando, Minority Senior Policy Analyst; and C.J. Young, Minority Deputy Communications Director. Mr. Bilirakis. Good morning, everyone. The subcommittee will come to order. The Chair recognizes himself for an opening statement. OPENING STATEMENT OF HON. GUS M. BILIRAKIS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Again, good morning, everyone. I am pleased to hold this subcommittee hearing today to discuss an important topic that has been the subject of much debate in recent years: name, image, and likeness, or NIL, in college sports. This debate about whether student-athletes should get NIL compensation has already been settled by the courts, leaving Congress to figure out how to navigate this new landscape. In the meantime, many have already taken advantage of these new opportunities. During college basketball's busiest time of the year, athletes have seized the moment on the court and rode their success all the way to the bank. Since the start of March Madness, more than 40 deals have been signed with men's and women's basketball players. Ahead of the Final Four matchups this weekend, one thing is clear: More college athletes will ink additional NIL deals. The main question before us today is how Congress should regulate this new economic frontier to ensure that NIL deals are transparent and fair and that they do not compromise the integrity of college sports. We must avert the potential pitfalls that could come with NIL compensation rights, such as becoming recruiting inducements or pay-for-play schemes. We also must consider how NIL regulation would affect capital distribution in the college sports ecosystem, particularly the effects this will have on smaller college athletic programs. I want to emphasize that. Just last week we heard the unfortunate news that St. Francis College in New York made a decision to eliminate its entire athletics program, citing residual financial implications from COVID-19 pandemic and operating expenses. I worry that the financial stress of more mandates will only compound such constraints on resources. If that is not enough, we are already seeing charitable dollars being siphoned away from the athletic departments and conferences into third-party NIL collectives. Combine that with a requirement for schools to classify their athletes as employees--I know that there is a pending proposal in the State of New York--we will certainly see more heartbreaking decisions made, particularly for sports that don't generate revenue. And we have got to preserve those sports, ladies and gentlemen, and I worry about the implications of what this would do to Olympic sports as well. It is vital that we center today's discussion on the foundational principle that creating and maintaining an equal playing field for all college athletes is paramount. If you are advocating for student-athletes, which all of us are here today, your priority should be that they remain student- athletes. I am glad to see a diverse set of perspectives on our witness panel today, each sharing a unique view of the college NIL landscape. Thank you all for making the time to travel before us today, again, being here, and share your insights into this topic with us. I am particularly proud to see my home State will be represented on today's panel. I wonder how that happened? Thank you, Kaley. I want to thank Kaley for making the time to come share your story with us amidst the demands of being in season. I wish you luck at your games, of course, this weekend. And it always warms my heart to see my alma mater represented. Thank you, Trey, Mr. Trey Burton, for being here. And I think everyone knows by now that I bleed orange and blue. So, go Gators. [Laughter.] Mr. Bilirakis. As my colleagues can see by the geographic makeup of this panel, NIL affects athletes and institutions in all States. It is critical that we establish a Federal preemptive standard for NIL to bring clarity and consistency to this rapidly evolving space. The lack of uniformity across different States and institutions has created confusion and uncertainty, and a Federal standard is needed so all athletes are playing by the same rules. In short, we must strike a delicate balance between the rights of college athletes to profit from their own NIL while keeping the amateur status for all college athletes. With that, with thoughtful and balanced legislation, we can create a system that is fair, transparent, and sustainable for all. Today's hearing is one step in that process. We can get this done if we work together, folks. Thank you all for your attention, and I look forward to a productive discussion on this very important topic. OK. And now I yield. [The prepared statement of Mr. Bilirakis follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] I will recognize the gentlelady from Illinois, Ms. Schakowsky, for 5 minutes for her opening statement. She is our ranking member, and we have worked so well together in the past. So I yield to--I give you 5 minutes, Representative Schakowsky, please. OPENING STATEMENT OF HON. JAN SCHAKOWSKY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Ms. Schakowsky. Thank you so much, Mr. Chairman, for your continued collaboration, and I want to thank the witnesses for being here today. Throughout March, fans gathered to cheer for their basketball teams, and I have to tell you that I was thrilled that this year for the first time ever both Illinois Big Ten teams were in the NCAA men's basketball tournament. Yay. We didn't get all the way, but---- So, and college sports brings joy to Americans in every State, in every congressional district, and certainly also to current and former athletes. I want to tip my hat to our colleague, Representative Trahan, who is one of those, and I am sure there are others among our--among our Members. And she-- that was volleyball, by the way. And so--but college sports have also generated enormous wealth, but that wealth has not been--has not been uniformly distributed among all who need to be. For example, let me say those most responsible for the creation of that wealth--the players--have yet to receive their fair share of the pie. We have seen athletes deprived of the basic--the basic needs that they have, and we need to do something about it. For anyone who doubts--who doubts me, I look back to 2015, when Northwestern football players--and I am proud to represent them--tried to--began an effort to unionize. I supported that. Northwestern employed the same anti-union tactics that we have seen among giant corporations like Starbucks and Amazon. And it is essential that college athletes not only have the right to benefit from their name and image and likeness, but that they can--that they can make sure that they get the benefits in other ways as well. For example, under NCAA rules, athletes are required to have basic health insurance. However, schools are not required to provide the health insurance. Unfortunately, these--the two health insurance options offered by the NCAA provide insufficient coverage and is also time-limited, yet for some athletes, injuries last sometimes even a lifetime, but certainly longer than the insurance covers. For years Congress has been told, well, just let them regulate themselves--talking about the NCAA and others--do it themselves. But only after a Supreme Court ruling would we finally see the passage of some legislation, State laws in various States, have we--did the NCAA begin to allow some college athletes to make money from their name, image, and likeness. However, huge--let me just see--am I still there? No, I guess--oh, wait, I am still there. OK. However, huge disparities in--still exist between athletes in various colleges. So more--absolutely more needs to be done, and I really look forward to the debate that we are going to have in this committee to make sure how we are going to address these issues. I think the time has come for real change. I want to say that I have read all of your testimony, and I just wanted to tell you that I have to leave for a brief moment to go to the Budget Committee, where I am going to be asking questions, and then I am going to come back and hear the rest of it. But thank you so much to our witnesses. And with that, I yield back, Mr. Chairman. [The prepared statement of Ms. Schakowsky follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Thank you. Appreciate it. Thank you, Ranking Member. I do want to say that the testimony is excellent, and I had an opportunity to read it as well. So we appreciate that very much. I now recognize our chairperson of the full committee, Mrs. Rodgers, for her 5 minutes for her opening statement. You are recognized. OPENING STATEMENT OF HON. CATHY McMORRIS RODGERS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WASHINGTON Mrs. Rodgers. Thank you, Mr. Chairman. And thank you for your dedication to the issue of name, likeness--name, image, likeness. I know this. Name, image, likeness. I know it is close to your heart to ensure college athletes have every chance to succeed professionally and academically. We are fortunate to have a few former college athletes on this committee, and I know it is an issue that is close to their hearts as well. I would also like to thank Mr. Pat Chun from Washington State University, the athletic director for Washington State University, who is testifying today. Go Cougs. He has been a leader on this issue, his work at WSU and various roles with the NCAA. Just appreciate your insights. The Supreme Court blew the whistle on the NCAA in 2021 as it unanimously ruled it can no longer prohibit college athletes from receiving compensation for their NIL. The ruling could not have been clearer. The NCAA was overly restrictive in its prohibition of athletes profiting from their NIL. Unfortunately, the Supreme Court's ruling did not offer clear rules of the road. Instead, we have seen a rollercoaster of State activity as States compete to have the most advantageous laws for their respective schools. For example, Alabama enacted an NIL law to provide guardrails and quickly had to repeal it within a year over concerns more restrictive laws could put them in a competitive disadvantage in recruiting versus other States. Not unlike other challenging issues before this committee, the patchwork of State laws is confusing for athletes, schools, and conferences alike. It is unreasonable to expect student- athletes to balance their studies with navigating a maze of complex and conflicting laws. They are put in a potentially devastating position of running afoul of rules they would need a law firm to provide counsel on. Without a clear and consistent set of rules in place, the entire ecosystem is disrupted and important elements of the educational experience are decimated. Nonrevenue-generating sports that help athletes get into and through a college degree program are being hurt. Advances thanks to Title IX will be reversed if there aren't consistent rules to benefit women's sports. As Chairman Bilirakis shared, small schools' athletic programs will be eliminated, as they are unable to compete in such a complex system of rules and incentives. While some sports in the highest level are profitable, most student-athletes compete in sports that would not have a good return on investment. We cannot allow an outcome where there are thousands of college athletes--where they lose their opportunity to compete in the sports they love. The current NIL chaos means student-athletes are left to fend for themselves, and those at the top of their game must figure out how to maneuver through a multiple of agents, collectives, and high-dollar contract offers, all while maintaining their academic and athletic commitments. The pressure placed on these student-athletes is immense and raises important questions on them being able to receive counseling for financial planning and mental well-being. Clear protections in education can prevent many unfortunate examples of college athletes being exploited. In resolving these challenges, we must not ruin what makes college athletics so special. NIL is long overdue. It means a supplemental income for student-athletes across the country. The recent changes in NCAA NIL policy recognize what has always been true. These college-- these athletes are more--these collegiate athletes are more than just athletes. They are small business owners, podcasters, and entrepreneurs. We must give them clear guidelines for how they explore and nurture these talents. We must also establish clear national rules so amateur athletes have every chance to succeed in life and sports. Every one of us takes great pride in the universities and colleges in our home States. We all want our student-athletes to be successful, both on and off the field. Again, thank you to the witnesses for appearing before us today, as your input will help guide us in legislating a set of rules that works for everyone. I yield back. [The prepared statement of Mrs. Rodgers follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Thank you, Madam Chair. appreciate it very much. And before I recognize the ranking member of the full committee, Mr. Pallone, I would like to ask him a question. Sir, Eagles or Giants? [Laughter.] Mr. Pallone. Giants, but I actually like both. Mr. Bilirakis. OK. That is a politician there. Mr. Pallone. Well, I am in central Jersey, so, you know, we have people from---- Mr. Bilirakis. Oh, OK. Well---- Mr. Pallone [continuing]. For both teams. Mr. Bilirakis. I am going to tell you that, as you know, Mr. Burton is responsible for the Philly Special. And he is an Eagles fan, so be nice to him. Mr. Pallone. I will. Mr. Bilirakis. All right. I think you are always nice. Thank you. You are a great friend. All right. I want to recognize you for 5 minutes, sir, for your opening statement. OPENING STATEMENT OF HON. FRANK PALLONE, Jr., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. Pallone. Thank you. And, Mr. Chairman, I did want to recognize, because I see him in the audience, former Congressman Tom McMillen, who served on this committee when I started, and he of course was a great basketball player and when he was here championed the concerns of college athletes. So I am sure that is why he is here today. Thank you, Tom. But I also wanted to say that I do think this is an important hearing. The devotion, sacrifice, and hard work of collegiate athletes helps make college sports one of the most popular and lucrative brands of sports entertainment in the country. And they play packed stadiums, their performances fuels viewership, their talents and charisma drive merchandise sales, and their successes increase revenue and enrollment. And college athletes deserve a system that protects their interests and well-being while preserving the educational mission of college sports. So that is why I am pleased that the National Collegiate Athletic Association has finally been forced to allow college athletes to monetize their name, image, and likeness, just like any other students on campus or coach in the lockout room--locker room. And while name, image, and likeness reform is a start, any future actions by Congress to legislate in this space must also address some of the broader, equally pressing issues affecting college athletes today, issues like health and safety, players' rights to organize, compensation, and gender equity. We have to ensure that players' welfare is the top priority for the athletic programs at colleges and universities across the country, regardless of division, conference, or sport, and that means every player must receive proper care for sports- related medical issues, even when that care comes after leaving college. It means college athletes' First Amendment rights to organize must be respected and protected, and that players must be able to meaningfully negotiate to ensure their voices are heard. And it also means that we must be mindful of protecting and building on the benefits Title IX has brought to women's college sports. So I thank Chairs Rodgers and Bilirakis for their willingness to work in a bipartisan manner and assure all perspectives are represented here today. These athletes deserve a system that puts players' welfare first, not the NCAA's bottom line. I look forward to hearing from the panel on how we in Congress can achieve that goal for collegiate athletes. But I am going to yield the remainder of my time to Congresswoman Trahan, because she knows a lot more about these issues than I do as a former Division I female athlete, the only former Division I female athlete serving in Congress. [The prepared statement of Mr. Pallone follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] OPENING STATEMENT OF HON. LORI TRAHAN, A REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH OF MASSACHUSETTS Mrs. Trahan. Well, I thank the ranking member for yielding. Like many of our colleagues on the committee, I believe that Congress can and must act to create a level playing field for college athletics. We will no doubt hear from our witnesses today that the current patchwork of State laws is difficult for colleges and conferences to navigate. But as a former college athlete myself, I am more concerned with how that same patchwork affects athletes. When I was being recruited to play volleyball, I had to navigate that process alone. You know, my parents didn't get a scholarship to college. In fact, many first-generation Americans like my dad didn't have a choice but to start working right after high school. They didn't--they did their best to help me, but the burden of navigating different scholarship offers and weighing the pros and cons of one school against another was stressful and at times daunting. That was difficult enough 30 years ago without having to parse through the different State laws to determine if going to a school in New Mexico might be better from an NIL perspective than staying in my home State of Massachusetts. But that is the challenge that athletes are facing today. Make no mistake, the system of college athletics is better than it was 2 years ago, but there are emerging challenges, including inequity and collusion among collectives, predatory contracts, and Title IX loopholes that we should address. I would urge my colleagues that when we move the ball forward on this issue we do so in a way that prioritize the rights of athletes who have long been left out of discussions about the future of college athletics. There should not be a desire to return to the status quo that didn't work for so many college athletes. We can't put that genie back in the bottle, as they say, but we can work together to advance legislation that creates a level playing field, strengthens the rights of athletes, and preserves college athletics for generations to come. I want to thank the Chair and ranking member for hosting today's hearing and the panel of witnesses for their testimony, and I yield back. [The prepared statement of Ms. Trahan follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Thank you so very much. So we have now concluded with Member opening statements. The Chair reminds Members that, pursuant to the committee rules, all Members' opening statements will be part of the record. So our first witness is Jennifer Heppel, the commissioner of the Patriot League. So you are recognized. Thank you so very much for being here. You are recognized for 5 minutes. STATEMENTS OF JENNIFER HEPPEL, COMMISSIONER, PATRIOT LEAGUE; MAKOLA M. ABDULLAH, Ph.D., PRESIDENT, VIRGINIA STATE UNIVERSITY; TREY BURTON, FORMER NATIONAL FOOTBALL LEAGUE PLAYER; KALEY MUDGE, STUDENT-ATHLETE, FLORIDA STATE UNIVERSITY; PAT CHUN, DIRECTOR OF ATHLETICS, WASHINGTON STATE UNIVERSITY; AND JASON STAHL, EXECUTIVE DIRECTOR AND FOUNDER, COLLEGE FOOTBALL PLAYERS ASSOCIATION STATEMENT OF JENNIFER HEPPEL Ms. Heppel. Thank you. Thank you, Chairman Bilirakis and Ranking Member Schakowsky and all the members of the subcommittee. It is a great opportunity to be here today. My name is Jennifer Heppel, commissioner of the Patriot League, which is one of 32 Division I conferences within the NCAA structure. I have been fortunate to spend my entire career--30 years so far, we will see how today goes--no, 30 years so far in college athletics at the national, institutional, and conference levels. I was a women's ice hockey student-athlete in college, and that experience laid the foundation for my professional growth. While the title of this hearing is specific to NIL, I have a sense we might touch on some other issues. So let me share some perspective from the Patriot League. There are over 8,000 student-athletes competing on over 240 teams across the league. Collectively, that is 20 percent of our undergraduate student population. The Patriot League believes that participation in athletics is an important component of a well-rounded education. The integrated student-athlete experience, the academic and personal growth of student-athletes, is primary. Being a student in the Patriot League and being an athlete in the Patriot League are not mutually exclusive. Our students are fully engaged in campus life. They live in dorms, eat in the dining halls, participate in study abroad, lead campus organizations, participate in internships, and they compete as Division I athletes. This year's Patriot League Women's Basketball Player of the Year spent last summer as a business administration intern in Barcelona. This was through a scholarship sponsored by the business school at Lehigh University. A key contributor on our men's basketball championship team from Colgate, and a former Patriot League Rookie of the Year, spent last summer as a bunk counselor at a camp for children with special needs. He plans to pursue a master's in counseling and move into private therapy when he finishes playing. Just a few years ago, on the day prior to being in the starting lineup for our men's basketball championship, I was honored to watch our then-Men's Basketball Player of the Year from Bucknell present a project with his senior design team to leadership at a medical center in northeast Pennsylvania. He earned his degree in biomedical engineering in 4 years and is now playing professional basketball overseas. We have 8,000 young people on our campuses that share similar experiences. Those are just three. These are not employees of our institutions. They are students being provided comprehensive support so that they can experience and achieve academic and athletic excellence. Just like all students on our campuses, Patriot League student-athletes are able to profit off their own name, image, and likeness. The League fully supports NIL opportunities. Many provide important professional networking, educational, career development, and service dimensions. NIL managed and regulated in a legitimate manner represents an area of constructive change and opportunity for student-athletes. Unfortunately, the instability created by the multitude of State laws and the lack of transparency in the current structure is undermining the positive change. Finding a means toward appropriate national regulation around NIL is necessary to address these negative impacts. Today's challenges are unique, but the fact that such challenges exist is not surprising. This is a national model. There are differing institutional characteristics and priorities to consider, and resulting perspectives will vary, but our solutions for the challenges must preserve and protect the universally considered positives of intercollegiate athletics, its connectivity to the educational mission, and the provision of opportunity for hundreds of thousands of young people. Thank you. [The prepared statement of Ms. Heppel follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Thank you. Appreciate it very much. Next we will have Dr. Makola Abdullah, the president of the Virginia State University, and you are recognized, sir. Thanks for being here. You are recognized for 5 minutes. STATEMENT OF MAKOLA M. ABDULLAH, Ph.D. Dr. Abdullah. Thank you, sir. Chairman Bilirakis, Ranking Member Schakowsky, members of the committee, and members of the subcommittee, I am Makola Abdullah. I serve as the president of Virginia State University, a historically black college located in Chesterfield County just outside of Petersburg, Virginia. I serve as a member of the Presidential Board of Advisors on HBCUs, chaired by Tony Allen of Delaware State University, and I am also the past chair of the Central Intercollegiate Athletic Association, the CIAA, the oldest and the--well, the first and the oldest, I guess that would be the same thing-- historically black university athletic conference in the country. Our current chair is Dr. Aminta Breaux of Bowie State, and our commissioner is Ms. Jacqie McWilliams. Our Division II athletic programs at Virginia State University are led by Mrs. Peggy Davis, the best athletic director in the country, and we currently offer 21 intercollegiate athletic sports, including recently added men's and women's soccer and men's and women's lacrosse. Again, I would like to thank you for the opportunity to participate, to discuss college athletes' rights to the name, image, and likeness. While I was afforded an abundance of opportunities during my collegiate career, my athletic talents, unfortunately, did not afford me the opportunity to participate on an NCAA sports team at Howard University. I am, however, an avid fan and supporter of college athletics and college athletes, and particularly the young men and women who suit up in the orange and blue, the Trojan orange and blue. As president, my goal is to be a part of an institution that changes lives through education and prepares our students to enter the world as savvy global citizens, lifelong learners, and generational change agents. At Virginia State University, our athletics program is supported by student fees. While college sports has become a multibillion-dollar business, there are many institutions like ours where athletics is still very much an amateur extracurricular program. It is important to remember that there are three divisions of athletics, and they are not all created equally. For some universities like Virginia State University, again, athletics is not revenue generating. We are not one of the major Division I institutions. And while we are not, I fully believe, though, that it is all of our responsibility to make sure that everyone who participates in college athletics has the right to reap the benefits of their labor. Virginia State University, other HBCUs, and Division II and III institutions have been competing against major universities for students, student-athletes, faculty, staff, administrators, Federal grants, private philanthropic dollars, for many years. We are not afraid of competition, and we believe that we can successfully recruit student-athletes who understand the transformative nature of our--of HBCUs who believe in our mission and understand the longstanding tradition of excellence at our university. I am sure that all of you are aware that, according to the NCAA, student-athletes are not required to disclose the amount of their NIL deals. However, at Virginia State University, we are aware of five student-athletes who have currently disclosed an NIL deal. That is a total of--from over 300 athletes-- student-athletes at VSU. If I was to estimate the total value of these NIL deals, I am sure that it would be less than $10,000. The NIL experience is unique to individual institutions because the revenue generated differs among all of our institutions. It is paramount that we provide our athletes with the proper tools to manage the responsibilities that come with these NIL deals. Therefore, at VSU we provide financial literacy and marketing education for our student-athletes. We continue to teach and educate young men and women to maximize their ability to make money from their talents and brands. I better move quickly. As leader of a proud HBCU, we have--we have been concerned about our institution's systematic underfunding since our founding. At the State level, our previous Governor, Ralph Northam, and our current Governor, Glenn Youngkin, and our State legislature have tried to address the issue. I do know that on the Federal level Congresswoman Alma Adams, Congressman French Hill, and Senators Chris Coons and Tim Scott of the bipartisan HBCU Caucus, and our Virginia delegation led by Congressman Bobby Scott, Congresswoman Abigail Spanberger, and Congresswoman Jennifer McClellan, with Senators Tim Kaine and Mark Warner, are stalworth advocates for addressing these issues. While that is not the issue on the table today, it must be considered in the context of this conversation, because students and student-athletes look at all of a university--all that a university has to offer when considering where to attend college: your sports facilities, your stadiums and classrooms, your libraries and infrastructure. But I will not belabor that point as of course that is literally a hearing for another day. Thank you very much, sir. [The prepared statement of Dr. Abdullah follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Appreciate it very much. Thank you. Our next witness is Mr. Trey Burton, a former National Football League player. And did I mention he played his college ball at the University of Florida? OK. Well, anyway, sir, thank you for being here. We appreciate it, and I recognize you for 5 minutes. STATEMENT OF TREY BURTON Mr. Burton. Thank you. Good morning, Chair Rodgers, Ranking Member Pallone, Chairman Bilirakis, Ranking Member Schakowsky, and distinguished members of the committee. I want to thank you for the opportunity to testify before you today on the issue of name, image, and likeness. My name is Trey Burton. I am a former collegiate athlete from the University of Florida. Go Gators. I was then fortunate enough to play 7 years in the NFL: 4 years with the Eagles, 2 years with the Bears, and 1 year with the Colts. I currently reside in Tampa, Florida, with my wife and three children. The University of Florida has a very special place in my heart. From the age of 6, I dreamed about wearing the orange and blue. I will never forget the day that Urban Meyer called and offered me a scholarship, which I committed right on the spot. The list of things that make UF special to me are too long to talk about today, but two things that will forever have a lasting impression on my life are the Gator brand and the relationships I have made there during my time. One of the reasons I believe I am a credible--I am credible to talk about the issues in question today is the fact that I have seen my sport from the lowest level at the age of 5 and to the highest level when I retired at the age of 30. I had my breakout game in my freshman season and had a great amount of success early on in my time at the university. I would have been a perfect candidate and benefited greatly from NIL. I got married and had my first child my junior year at Florida, and the resources I could have potentially received would have benefited my family and gone a long way at that time. As a 7-year NFL veteran, I can also testify to how the sport changes if you are fortunate enough to make the jump from amateur sport to professional sport. The peace of mind a scholarship gives you compared to a nonguaranteed NFL contract is like comparing apples to oranges. They are completely different worlds. The business side of the NFL is complex. But having successfully walked through those contracts, it is important for me to speak on those differences and properly equip student-athletes for that transition. We have an opportunity with NIL to ensure that the business deals benefit student-athletes rather than harm them or set them up poorly in the long run. As many of you are aware, college football has changed or college athletics have changed dramatically over the last 18 to 22 months. There has been a lot of debate over whether these changes have been good or bad for collegiate sports. The evolution of NIL has happened so fast that many would argue that it is like the wild wild west for colleges and student-athletes alike. The line between amateur sports and professional sports seems to be getting blurrier and blurrier every day. States like California have proposed legislation to equal revenue sharing between athletic programs and student-athletes. There are even efforts to make all student-athletes employees of the universities that they attend. I would like to first start by stating that I believe NIL is here to stay, and I believe that college athletes should be able to get paid as much as legally possible from the marketplace for their name, image, and likeness. In my opinion, the good that has come with NIL has heavily outweighed the bad. We are now seeing athletes able to profit not only off their name, image, and likeness, but also off business ventures, endorsement deals, and marketing opportunities, which I, 10 years ago, never had the chance to do. There are also amazing stories of athletes giving back to their communities and spreading awareness to organizations that are near and dear to their hearts. Some of these young adults are even able to use their funds to take back home and to take care of their family, which would have never been possible prior. When I was playing, athletes had to choose whether to make money or pursue the sport of their dreams and gain an education. I am so glad that is no longer the case now. On the other hand, some of the negatives I have heard and seen with NIL are first and foremost how every State has their own laws and rules and regulations regarding how NIL is used. This is especially dangerous with the use of NIL in recruiting. There is evidence that NIL is currently being used as a recruitment tool for both high school athletes as well as potential transfer athletes. NIL was never intended to be used as pay-for-play. One of the worst examples of pay-for-play would be to make these athletes employees of the universities. Not only do universities not want this, but I believe that this is where amateur sport crosses the line into professional sport. The other issue I have has been a lack of transparency regarding the language of some of the deals that the athletes have been given or have already accepted, and there have been reports of agents taking up to 30 percent in fees, which is unbelievable, and also athletes signing away their intellectual property in some cases and access to their social media, which is crazy as well. If we don't establish a uniform set of rules with clear guidelines, these issues will only magnify, allowing student- athletes to be taken advantage of or caught in the middle. As a former Division I athlete, I can tell you that my fear in this is that these athletes have been thrown in the fire with limited resources, no infrastructure to help them succeed and to protect them from bad actors. There needs to be a uniform set of NIL rules that everybody has to play by no matter where the student plays or how large or small the school or the sport is. We need to make it a priority now more than ever to educate our student-athletes how to take proper advantage of their financial opportunities. Thank you. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Appreciate it very much. Hey, Trey, I dreamed about it too, but it never happened for me. [Laughter.] Mr. Bilirakis. I ended up in Congress. [Laughter.] Mr. Bilirakis. Our next witness is Kaley Mudge, a student- athlete from Florida State University. And thank you so very much for being here, particularly since the season is still going on for you. So I recognize you for 5 minutes. Thank you. STATEMENT OF KALEY MUDGE Ms. Mudge. Thank you. Chairwoman McMorris Rodgers, Ranking Member Pallone, Mr. Bilirakis, Ms. Schakowsky, and distinguished members of the Energy and Commerce Committee, thank you for providing me with the opportunity to testify before you on the important topic of protecting NIL rights for college athletes. Good morning. My name is Kaley Mudge. I am a red-shirt junior outfielder on the Florida State softball team, and I am from Winter Springs, Florida. I am currently majoring in exercise science and will be graduating this spring. My goal is to go to nursing school when my eligibility is finished. I would first like to thank you for the opportunity to be here today and speak to you about my experiences as a college student-athlete. Florida State has truthfully changed my life in the past 4 years. I have seen myself grow into the best version of myself as a student, as an athlete, and as a person. I chose Florida State because from the moment I stepped on campus it felt like home. I wanted to find a program and an institution that felt like a community, and I found that at FSU. The professors, coaches, administrators, and students have made my 4 years such a great experience. The culture of the softball program specifically is such a family, and I am blessed to find that in a national championship program. My coaches, athletic trainer, nutritionist, strength coach, and teammates have all helped me become my best self, and I wouldn't be where I am today without them. I came into FSU as a partial academic and athletic scholarship recipient. When NIL came into play in 2021, I was very excited for the chance to start earning money to help further pay for my education. My experience with NIL has been a very positive experience. I have gotten the opportunity to learn so much about the professional world as a college student, including how to read contracts, how to negotiate deals, and how to earn and save money. As an Olympic-sport athlete on a partial scholarship, NIL has been extremely beneficial to me because I am able to help pay for my tuition to hopefully come out of college with little debt. One specific deal that I am involved in now has given me the opportunity to start saving money for nursing school when I am done playing softball. NIL has served as an effective means for comprehensive life skills education, given the multifaceted nature of this issue. This includes financial literacy training, contract review, personal branding, business formation, and responsible social media strategies. Like many universities across the NCAA, Florida State University has developed a comprehensive education program to provide student-athletes with knowledge, resources, and support to navigate the NIL environment. This includes the creation of three separate NIL-related courses in partnership with the College of Business and School of Entrepreneurship, sport for contractor--support for contract review through the College of Law, cobranding opportunities through the use of institutional marks and logos, and expansion of current university partnerships to develop opportunities relative to NIL. In addition to the support provided by the institution, the collective has provided additional resources in the NIL space, specifically in identifying and securing new NIL opportunities, understanding market value, and facilitating group licensing opportunities for myself and other student-athletes. Specifically, I am an ambassador for our FSU collective, and this is the deal that is helping me pay for nursing school. Given that we compete for national championships, it is imperative that we have uniform NIL guidelines and expectations as opposed to the current framework of disparate or nonexistent State laws and regulations. These national standards should guarantee student-athletes the ability to pursue NIL opportunities. These standards should also ensure a healthy recruiting environment to promote fairness and equity, along with a measure of transparency to support the NIL marketplace. As we celebrate 50 years of Title IX, it is important that the opportunities for participation and access to higher education, specifically for underrepresented populations, are supported and ensured. There are many threats throughout legislation and litigation that would undermine this model. Throughout college athletics, and specifically at Florida State, student-athletes receive the highest forms of healthcare support, including medical coverage for athletic injuries beyond graduation and eligibility. We continue to expand access to enhanced nutrition and mental health resources, and we also receive first-class academic support and resources, such as advisors and tutors. These benefits enjoyed by student-athletes across the country would not be possible without the legal protections under Title IX and the redistribution of revenue across all sponsored sports. The creation of an employee-employer model would significantly threaten this current dynamic and alter everything we know about how sports outside football and men's basketball are supported. NIL has provided me with so many opportunities in the past 2 years, and it has made my experience even better as a college student-athlete. Thank you again for your time and for the opportunity to be here today. [The prepared statement of Ms. Mudge follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Thank you very much. Thank you for your testimony. It was excellent. Our next witness is Pat Chun, who is the director of athletics from Washington State University. You are recognized, sir, for 5 minutes. STATEMENT OF PAT CHUN Mr. Chun. Thank you, and good morning. And subcommittee Chair Bilirakis, and distinguished members of the subcommittee, thank you for the opportunity to appear before you today to discuss protecting name, image, and likeness rights for college student-athletes. My name is Pat Chun. I have worked in college athletics for over 25 years and currently serve as the director of athletics at Washington State University. WSU is a public land-grant research institution. Our athletics program sponsors 17 varsity sports comprised of nearly 500 student-athletes, including the reigning Pac-12 Conference women's basketball champions. The mission of WSU athletics is to unleash excellence and provide a transformational student-athlete experience. WSU athletics prides itself on being one of the most fiscally efficient athletic departments in the country, with our budget consistently ranked amongst the lowest in the Power Five conferences. Our student-athletes currently hold a school record 3.22 cumulative grade point average, graduate at an 8 percent higher rate than the general student population, while also earning a 91 percent NCAA graduation success rate, the highest in school history. Also, more than 20 percent of our student-athletes are first-generation college students. College athletics is facing significant challenges with no simple solutions. Last year I met weekly serving on the 21- member NCAA Division I Transformation Committee. At our conclusion, recommendations were submitted to the NCAA Division I Board of Directors and approved in January. These recommendations introduced the holistic model for student-athletes, setting expectations for the support of their health, safety, and well-being, called for elevating the championship experience, and created a fairer, faster, and equitable NCAA governance model. Nevertheless, significant challenges remain in college athletics. The primacy of academics is at the foundation of every institution of higher education. While college athletics has evolved into a multibillion-dollar industry, our mission remains to educate young people and prepare them for their respective futures. Proposed State legislation and ongoing litigation may impact student-athlete employment status, and the issue threatens to cause irreparable damage to the student-athlete experience. Certain aspects of a potential employer-employee relationship should be considered with caution. The notion that a student-athlete could be fired for underperformance undermines the very core of the educational mission. Additionally, transitioning to employment status could erode many of the benefits and guarantees that student-athletes currently receive through potential tax implications. Lastly, if one group of student-athletes becomes employees, such as those in high-revenue-producing sports, demands and legal claims could be made that all student-athletes should become employees. The financial impact could lead to the reduction of opportunities for broad-based participation on campuses around the country, resulting in significant Title IX implications threatening generations of hard-fought progress in women's sports. NIL was intended to be the next significant benefit for student-athletes. Like any other student on campus, the student-athletes deserve the right to monetize their NIL based on the reputation and platform. Although true NIL provides tremendous opportunities for student-athletes, the existing environment consists of recruiting inducements, tampering, and ultimately pay-for-play, and is wrought with pitfalls and misinformation. Recent reports in the media suggest that current student-athletes across the country are being approached with empty promises which lead to false expectations. There is a probability that inequity exists in the NIL marketplace. One example is from research provided by Navigate, a sports data and valuation company. The research focused on compensation for influencers states that approximately 77 percent of the general--meaning noncollege athletics--NIL compensation is earned by women. Comparatively, the research suggests women student-athletes are receiving just 16.2 percent of the college athletics NIL compensation. These numbers support the widespread belief that the collegiate athletics NIL market is not reflective of the true value of a student's NIL. Without disclosures, institutions and student-athletes are not able to properly assess NIL opportunities for fairness and equity. By shielding accurate and required transactional information, third parties have profited from the uninformed decisions of student-athletes. Only with transparency, oversight, and uniform regulation will unscrupulous third parties begin to act with the best interests of student- athletes at heart. On behalf of Washington State University and our president, Kirk Schulz, we are committed to being a part of the solution. We respectfully ask Congress to partner with the NCAA and our member institutions to develop Federal standards that provide transparency and enforceable safeguards to mitigate the negative impact of the existing NIL environment. This will help ensure student-athletes benefit from the full potential of their NIL. It is also vital that we affirm the current relationship between student-athletes and institutions. WSU supports meaningful oversight that provides protection and value to the student-athlete and ensures that institutions and outside entities are complying with standardized rules and governing policies. Thank you. [The prepared statement of Mr. Chun follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. Thank you, sir. Appreciate it very much. Our final witness is Jason Stahl, executive director and founder of the College Football Players Association. You are recognized, sir, for 5 minutes. STATEMENT OF JASON STAHL, Ph.D. Dr. Stahl. Thank you. Mr. Bilirakis. Thanks for being here. Dr. Stahl. Of course. Chairman Bilirakis, Ranking Member Schakowsky, members of the Subcommittee on Innovation, Data, and Commerce, I appreciate the opportunity to testify here today on behalf of the College Football Players Association, or CFBPA. My name is Jason Stahl, and I am the institution's founder and executive director. Since our founding, we have been building an independent, voluntary, nonpartisan, membership-driven players association that brings together past, present, and future college football players from all levels of play. Our Leadership Committee, or LC, is comprised of committed alumni members and current player members of the CFBPA. The LC has guided the development of our 7-point Platform for Change. I am proud to have two members of our LC here today. Justin Falcinelli played college football at Clemson University, where he was a two-time College Football Playoff national champion. Here also from our LC is Jordan Meachum. Jordan played first at Sacred Heart University and then finished his playing career at South Dakota State University, where he was an NCAA Division I FCS national championship runner-up. Both of these men have many academic honors to their name. Today I am here to deliver a simple message that the problems of college athletics are not so large that they cannot be solved by those within the industry. At the CFBPA, we have developed a platform which attempts to address all of these problems and are ready to sit down at the bargaining table with administrators to discuss them. In my written testimony for the record, I focused on all seven of our proposed reforms, and I hope today to have the opportunity in the Q&A to address all of these. However, given the brevity of my oral testimony, I will only be focusing on two of the seven here today. In July 2021, college athletes for the first time had access to the free market to monetize their name, image, and likeness, NIL. The NCAA had denied college athletes this basic economic freedom enjoyed by every other American, spending millions of dollars in legal and lobbying fees to falsely keep athletes' NIL market value at zero. College athletes fought to show--and the Supreme Court agreed--that NCAA compensation rules violated antitrust law, and with the writing on the wall, the NCAA finally dropped its NIL monetization restrictions. The vast majority of evidence suggests athletes monetizing their NIL has had an overwhelmingly positive effect on athletes and their families. To the extent that there are problems in the NIL free market that call for new ``consumer protections, they are extraordinarily manageable by industry stakeholders, including players, through their independent players associations. It is the position of the CFBPA that the Federal Government should stay out of the NIL free market, as they would stay out of the NIL free market for every other American citizen. At the CFBPA, we believe that there should be no Federal Government legislative rollback of the gains college athletes have made in the NIL free market. If new rules and regulations are needed for athletes monetizing their NIL, administrators at the NCAA and in the conferences should sit down with players through their independent players associations to discuss and come to agreement around such changes. Once agreements are made, the CFBPA could assist with enforcement and with screening attorneys and agents to protect the interests of the athletes. Another related area of focus within our platform pertains to new media rights contracts. Media rights contracts for Power Five football conferences and the College Football Playoff championship have exploded in recent years and will continue to do so into the future, particularly with the CFP expanding from four teams to 12 in 2024. In the coming years, FBS football, particularly at the Power Five level, will be awash in many new billions of dollars. The players that generate this wealth deserve to share in it. The CFBPA and independent players associations representing other televised sports that are part of these media rights deals should sit down at the bargaining table and hammer out revenue-sharing agreements. There will be plenty of money in the system to share for all those athletes whose name, image, and likeness are used in media broadcasts without impairing overall operations of athletics departments. Unfortunately, as it pertains to athletic departments and conferences, the NCAA has recently declared that they are not allowed to make direct NIL payments to athletes for their appearance in media broadcasts. Lifting this barrier would be a good first step to open up competition between conferences and individual football programs for player talent and also to address other flagrant systemic issues. Change is here in college athletics, and it is time for administrators at the NCAA conferences and member institutions to embrace this change. Player empowerment is only going to grow, and there can be no return to the paternalism of the past through Federal legislation or other matters. At the CFBPA, we are ready to sit down at the table with administrators who are interested in moving ahead into the future. Thank you. [The prepared statement of Mr. Stahl follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Bilirakis. I want to thank all of the witnesses for their testimony. We will move into questions--the question-and-answer portion of the hearing. I will begin the questioning and recognize myself for 5 minutes. Mr. Burton, thank you again for making time to be with us today and sharing your experience as an athlete playing at the highest levels, both in college and professional football. I appreciate it very much. After all, not many can say they have a Super Bowl ring or were nominated for player--Play of the Year at the ESPYs with the Philly Special. And I am not talking about cheesesteaks. Based on your accomplishments during your time at the University of Florida, it is safe to say that you would have had immense opportunities to earn supplemental income from NIL, and you mentioned that in your opening statement. What would this supplemental income have meant to you? And how would NIL have benefited you as a college football player and set your family up for financial success? Mr. Burton. Thank you. Yes. Like you said, in my testimony I mentioned that I got married and had a kid in my junior year. So I think that would have, you know, substantially--I think we all can agree that that would have been really beneficial for us, my wife through, you know, the birth process, and for raising up a child, obviously, is very expensive. So, you know, we kind of had to do our best budgeting that we possibly could based off of what we got from our scholarship check and from Pell Grant. But I also think that my mom was a single mother, and she raised three boys. And so that easily could have helped, you know, with whatever situation, you know, we had going on back then. But then, also, even going forward, I remember my last game of my career in college against Florida State, I separated my shoulder. And I was kind of the guy that was on the bubble, didn't know if I was going to make it to the NFL, didn't know what the next move was, but I remember sitting in my house on my rocking chair with my arm in a sling, and I looked at my wife and I said, ``We have got to be out of here in a month, because our scholarship checks are gone. They are done after December.'' And so there was a lot of uncertainty, and I know for sure if I wouldn't have made it into the NFL, I wouldn't have had much money, especially I didn't save much money, didn't have much money to save to start out with, to continue on next--you know, our next venture. Mr. Bilirakis. Thank you very much. Kaley, you are also a student-athlete competing at the highest level of your sport and have accomplished amazing things in your time at the Florida State University, such as breaking the Women's College World Series record for hits in a single World Series with 14. Could you elaborate how NIL opportunities have benefited you as a current student-athlete, particularly competing in women's sports that don't always have the same lucrative professional opportunities? Ms. Mudge. Yes. When NIL came into play in 2021, I was super excited. I didn't know a lot about what the rules were going to be and such, but being a partial scholarship student- athlete has really helped me to help pay for my tuition and helped pay for my rent and things that I don't have the luxury of paying for myself. So NIL has definitely benefited me. And, specifically, with the deal with our collective being able to help me pay for nursing school when I am done with softball is going to be extremely helpful, because I won't have a partial athletic scholarship when I start nursing school. So NIL has benefited me in a lot--in a very positive way. Mr. Bilirakis. Thank you. Thank you very much. Trey, you shared in your testimony that when you were playing, athletes had to choose whether to make money or go to school to pursue an education while playing the sport of their dreams. I think this is an important reminder that an essential part of the college athlete experience is the ability to pursue higher education while playing the sport they love. What did you get out of being a student during your time there at the University of Florida? And how can we prevent disruptions to these educational benefits and this debate about how to treat college athletes, please? Mr. Burton. I mean, I got a degree, which is, you know, the most important during my time there. I think also, like I said, the relationships that I was able to have, the professionals that I have been able to meet with--you know, through my athletic scholarship and because I played football there at the university. What was your second question again? Sorry. Mr. Bilirakis. Yes. Well, just, you know, what did--well, I am just going to paraphrase. What did the University of Florida or any college, if you had gone to any college, offer you as a college athlete? Mr. Burton. Yes. So tutoring was by far the number-one thing for me that was offered. I know for sure I have a reading--not disability, but I have a reading problem. I am dyslexic, for the most part, and so like having a tutor be able to like talk to me in the way I needed to be taught was super beneficial, having them, you know, 24/7. That was probably by far the number-one thing that was most beneficial for me as a student-athlete. Mr. Bilirakis. Very good. Kaley, as a current student-athlete, do you have anything to add on the benefits you currently receive as a student? And how some proposal to change that model may affect your ability to continue to receive such benefits? Ms. Mudge. Yes. I feel that the college student-athlete model that we have today works. I can speak for a lot of athletes when I say that we have used athletics as an avenue to get a college degree and that having a partial scholarship helping to pay for college, being able to play the sport we love, has also given us an opportunity to get an education. And if that model were changed and funds could be redirected away from Olympic sports and away from our scholarships, we wouldn't be able to play the sport we love and we also wouldn't be able to--some of us wouldn't be able to afford college or go to college without the opportunities that we have been given as a student-athlete. So the student-athlete model that we have now works. Mr. Bilirakis. Thank you so very much. All right. Now I will recognize Representative Castor from the great State of Florida for her 5 minutes of questioning. Ms. Castor. Well, thank you, Chairman Bilirakis. Leave it to you to bring Gators and Seminoles together. And as Tampa Bay's congresswoman, I want to say to you, Mr. Burton, thank you so much for your philanthropic activities back home, including the Mort Elementary Community School. And, Ms. Mudge, as an FSU alum, I am very proud of your personal accomplishments and proud to watch how FSU, once known as a football powerhouse--and doing all right this past year-- but they have really become a women's soccer and women's softball championship school, and that is not by accident. You said in your testimony: ``As we celebrate 50 years of Title IX, it is important that we ensure the opportunities for participation and access to higher education, particularly for underrepresented populations,'' that ``they are fostered and insured. There are many threats through legislation and litigation that would undermine this model.'' Title IX did not just elevate women in collegiate sports, but it elevated collegiate sports overall. And my friend and colleague, Mrs. Trahan, is living proof of that, and she knows it well. Title IX prohibits discrimination at federally funded schools and in collegiate athletics. Name, image, and likeness policy should not undermine the progress we have made or warp this--the operation of this important civil rights law. Commissioner Heppel, do you believe that women have NIL opportunities as lucrative as their male counterparts? And what should we be thinking of as we craft some guardrails here federally to ensure that women and girls have every opportunity to participate? Ms. Heppel. Thank you. You know, I--the challenge in answering that question is that we don't know, right? We don't have the transparency around what is happening in the NIL space. The anecdotal evidence and some of the data through what I would call voluntary reporting is that, no, you know, what we are seeing is that NIL is being used as many--not all, I will-- I will caveat there, but recruiting inducements to enroll out of high school, or--or as transfer, and that I think undermines what really is the great opportunity that NIL presents. And so the need for transparency in a national structure in this area--within the Patriot League, I can say that we have-- you know, we invested as a league in a software platform where reporting could take place. We have--we crossed four different States, the District of Columbia, Army and Navy are members of the Patriot League, the cadets and midshipmen are Federal employees, so the regulations around Federal employees engaging in NIL is another---- Ms. Castor. OK. Ms. Heppel [continuing]. Another--yes. Ms. Castor. Dr. Abdullah, what do you think we need to-- what kind of guardrails do we need to have in place moving forward to ensure equity? Dr. Abdullah. You know, I think one of the critical things is that we need to make sure that, as students negotiate their NIL deals, as they work with different institutions, that the information is transparent, that they can compare information from one institution and/or collective to another. And I think if we are able to do that, then students and student-athletes can successfully negotiate their value on a higher level. Ms. Castor. OK. Ms. Mudge? Ms. Mudge. Yes. I think for guardrails I think it is just-- it would be very helpful for a level playing field. Just with what we have now, with different States having different rules, I think that can completely alter where recruits want to choose their schools based on what State has certain laws. And I think even with the transfer portal, like people deciding where they want to go, and I think it would be very helpful if we just had Federal guardrails and legislation to keep everybody on the same page to have a level playing field. Specifically, I can think of transparency with fair market value. I personally don't know my fair market value. I had never been taught that. I still haven't. And having the education to know how much I could ask would be very helpful in the guardrails. Ms. Castor. And, Mr. Chun, you had said only 16.2 percent of NIL deals go to female athletes. My--I am out of time, but could you provide some guidance in writing for the committee on this Title IX inequity issue? Mr. Chun. Yes. Ms. Castor. Thank you very much. I yield back. Mr. Bilirakis. Thank you. Thank you. Now I will recognize the chairperson of the full committee and a great friend of mine, and I appreciate her giving me the opportunity to chair this subcommittee. So I want to recognize my friend, Cathy McMorris Rodgers, for 5 minutes. Mrs. Rodgers. Thank you, Mr. Chairman. And, Mr. Bilirakis, you are doing an awesome job leading us. Thank you for today's hearing. I wanted to start with Mr. Chun. Just thank you for being here again. And while there are certainly differences in resources, even within the Power Five, you represent an institution with lots of resources for their student-athletes. Would you just walk us through the ways that you are helping support and educate young student-athletes at WSU as they are approached by agents, collectives, and large-dollar NIL deals? Mr. Chun. Well, first and foremost, Madam Chair, thank you for the leadership you provide to eastern Washington, and we appreciate your leadership on this topic. At Washington State, our goal is to empower, educate, and protect our student-athletes. Our program is actually similar to what is going on at Florida State. We take great pride in, prior to the NCAA, allowing NIL. We partnered with our Carson College of Business. We have a credited course on campus that goes through all of the--all of the major points of NIL from tax education, managing your social media, contracts. So that is really probably our biggest piece. We also have full-time staff that we currently employ that works directly with our student-athletes. As you are aware, in the State of Washington we do not have an NIL law. So we are--we are governed by State ethics laws, so that is prohibitive on what we can do in terms of directing our student-athletes with collectives and with deals, but ultimately we provide as much education and introductions as possible with our student-athletes while complying with Title IX NCAA rules and State of Washington rules. Mrs. Rodgers. Thank you. Would you speak to what you believe would become of school programs, conferences, if we fail to provide Federal certainty to the NIL landscape? And how do you see the NCAA factoring into this future? Mr. Chun. Well, let me make clear: A true NIL is extraordinarily positive for student-athletes, and that needs to continue. It is what is going on with recruiting inducements with some of these collectives that ultimately are fraudulent in what they are doing with NIL. And that is--I mean, I read this morning tracking on Florida Atlantic University--I used to work there--and their extraordinary run to the Final Four. In The Palm Beach Post this morning, the head coach is already talking about tampering by third parties to his existing roster. That has been happening for weeks. And we have rules today in the NCAA that don't allow tampering, that don't allow inducements, but because of the disparate State laws, the NCAA is at a point now where it is incapable of enforcing those rules. So where this thing heads is concerning, because as we continue to spiral away from any type of commonality with recruiting, with the impact it is having on student-athletes in terms of just the amount of noise they have to deal with, as stated earlier, the value of the degree is what our focus is on in higher education. But I do see--I do see impacts. If where we are headed ultimately leads to, you know, five conferences or a subset of schools in those five conferences having to deal with this environment in a different way, does have a negative impact on the rest of Division I, Division II, and Division III. I mean, it is clear the business model of NCAA is what we will see this weekend at the men's Final Four. That funds the entire operation. Mrs. Rodgers. Thank you. Thank you. Dr. Abdullah, does Virginia State have the resources to support student-athletes in the same way that bigger schools do? And are athletes seeing the same level of NIL deal engagement? Dr. Abdullah. No. Thank you, Madam Chairwoman. No, ma'am. Virginia State University, as a Division II institution, we support our athletes and our athletic program almost entirely on student fees. The amount of funds that the students have in terms of scholarships and the facilities is quite a bit different than you would find at a Power Five conference, and the level of NIL deals that our students have is quite a bit different. We do not have an NIL collective at Virginia State University, and so many of our athletes are successfully trying to negotiate their own value on the open market. If you---- Mrs. Rodgers. Thank you. Very good. And, Ms. Mudge, just in the time remaining, would you speak to Title IX and just how you believe--or just how it can potentially be reversed in coming years if we don't get this right? Ms. Mudge. Yes. I think that Title IX has definitely paved the way, and I am super grateful for those who have paved the way before me. And I have had a great experience in my 4 years as a college athlete, and I would hate to see it reversed by new models coming in to take away opportunities for the Olympic sports, especially for women's sports as well. So I would hate to see college athletes not have the experience that I have in the future, so I am just grateful for everything that I have gotten through Title IX. Mrs. Rodgers. Thank you all for being here. I yield back. Mr. Walberg [presiding]. I thank the chairman for yielding back. And as a former wrestler, I am very attentive to the clock. There were times I wanted to hear that horn sound. [Laughter.] Mr. Walberg. And so I will warn my colleagues I am not--I am not quite as deferential as our chairman of the subcommittee, so we are going to keep to clock here. And so now I turn over 5 minutes of questioning to the ranking member, Representative Schakowsky. Ms. Schakowsky. I am nervous now. OK. I am watching. I am moving actually a little away from you. No. So I wanted to ask Mr. Stahl a couple of questions. I am wondering--and you are representing Players Association. Dr. Stahl. Yes, ma'am. Ms. Schakowsky. Yes. What specific things should college sports do to improve the healthcare and the safety of our student-athletes? Dr. Stahl. Well, I will speak specifically to our football player members, the CFBPA. I think twofold--first, we should look at the practice environment. We have a platform plank that is structured around this. I think the practices environment right now is pretty much under the control of a coach. Some coaches are caring; some coaches are not. And I think that having independent third-party representatives from CFBPA in those practice environments, making sure rules and regulations regarding health and safety were followed, particularly in football where we all know that brain injuries are so prevalent. They are prevalent most in the practice situation. So that is what I would say, first. Second, I think postplaying career, health protections are integral. Mr. Burton's story I think was one I hear a lot from our alumni members, quite frankly. Justin Falcinelli is sitting behind me. He has a very similar injury story of getting an injury one of the last games of the season. You are going to go on, you have these NFL dreams, and then what? And so I think there is this question, then, of what is the responsibility of the NCAA? Or what is the responsibility of the member institutions or the conference? We think guaranteed healthcare standardized across the industry would be a good starting point. Access to hospitals and clinics that are on these universities and campuses I think would be integral to long- term care, and then also brain injuries, which show up sometimes decades--you know, after effects from brain injuries, sometimes decades after they happen. Ms. Schakowsky. Do you think--are you thinking also about CTE, not just about concussion? Dr. Stahl. I mean, I know there is a lot of debate around CTE. I very much prefer to use the term ``brain injury.'' I have used it several times here---- Ms. Schakowsky. OK. Mr. Stahl [continuing]. In part because I think it gets us out of political debates around CTE. Ms. Schakowsky. OK. Dr. Stahl. I think, though, we see and see this in our alumni members. I can't tell you the number of men I have had discussions with at 30, 40, 50, 60, still suffering from those brain injuries that they incurred in college. And we are here not talking about people like Mr. Burton who went on to the NFL. We are talking about people strictly with a college playing career. Ms. Schakowsky. So let me ask you this. Do you think that collective bargaining would be helpful for student-athletes? Dr. Stahl. I do. I think there is a number of forums collective bargaining could take, though. I am cognizant of what new NCAA President Charlie Baker said, that there's sort of two tiers that seem to be happening here. I think long term, as we look at the evolution of college football, that could be where we are going. And so as we think about collective bargaining, a formal collective bargaining effort through unions, through union chapters, or through a union at the conference level, let's say, like we--we have attempted to do in the past, would be important for those programs at the highest level of play here. I am talking about what are called Power Five football programs. But we have members from all levels of play, and so I think that is important to talk about. So I think what is appropriate for a Power Five program or a Power Five conference is not going to be appropriate for levels on down. But of course those members need a players association as well, and they need collective bargaining. I do believe at those levels, though, it could be done on a voluntary basis. We have already started doing some of that. We have a core group of members at a Division I FCS school, and at that school I have had conversations with the coach that I would characterize as informal collective bargaining around issues that are central to our members at that program. So our members came to us and said, ``We are not getting proper nutrition.'' So, you know, there is a way in which we listen to our members, and then the bargaining that we would do is dependent upon what they want to do. Ms. Schakowsky. Thank you for that. You know, billions and billions of dollars is involved in student athletics. Not every institution--I understand that--and not every sport, but we certainly want to do more, I think, to protect our student- athletes. I really appreciate that. I also just--well, I guess I was going to thank Kathy Castor for taking my seat, and I really thank all of the witnesses. Want to work more with you as we move forward. Thank you so much. Thank you. Dr. Stahl. Thank you, ma'am. Mr. Walberg. I thank the gentlelady for setting the charted course now with 4 seconds left to spare. Ms. Schakowsky. You threatened me. Mr. Walberg. I would never threaten you. [Laughter.] Mr. Walberg. I am not that brave. I want to recognize now for his 5 minutes for questioning the gentleman from Indiana, Dr. Bucshon. Mr. Bucshon. Well, thank you very much, and thanks for this hearing. It is very timely. Since coming to Congress, I have had the opportunity to participate in several hearings related to this issue--back in 2014, related to the attempted unionization of Northwestern University athletes, is what I am going to comment on. During my time on the Education and Workforce Committee, I got to speak with former all-American student-athletes from low income backgrounds who went on to play professional sports. They told me about how, when they were in school, however, despite full scholarships, they couldn't afford a host of personal expenses, including one of them described going out for pizza with his friends, his friends paid for that type of thing because he didn't have the money. But I also feel like from that hearing and all of the testimony that an employment model for student-athletes creates all kinds of unintended consequences and would be very difficult to maintain the integrity of the student-athlete system as we know it today. But stories like this are why the advent of NIL deals occurred and why earnings for such athletes can be and will be a positive thing. I am fully supportive of individuals being able to participate in the free market and to be able to earn what they can and determine their value as you described. While I believe we need a system that accommodates such opportunities, I also recognize the need to preserve the student-athlete model, as I mentioned, that is relied upon by the overwhelming majority of athletes. Like many of my colleagues on this committee, I represent universities with NCAA Division I athletic programs. I proudly represent the University of Evansville and Indiana State University, members of the Missouri Valley Conference, one of 32 NCAA Division I multisport conferences, as well as the University of Southern Indiana, which is currently transitioning from Division II into Division I. Though you may not have seen many Valley teams competing on TV or know that its top athletes continue to compete at a professional, Olympic, and Paralympic levels, the Valley is representative of the typical collegiate athletic experience for most student-athletes across the country. They attend classes, they graduate, and they compete for championships across 17 sports at the Division I level. There are approximately 200,000 student-athletes competing in Division I. Eighty percent of them are thriving and finding tremendous success in conferences similar to the Missouri Valley. So, Dr. Abdullah, I recognize there are differences in the levels of student support available from schools whose athletic programs do and do not generate revenue. Is there a risk of young athletes unintentionally locking themselves out of financial aid or future NIL opportunities if resources are limited, especially at smaller schools? Dr. Abdullah. Thank you, sir, for the question. Mr. Bucshon. If that makes sense. Dr. Abdullah. It does. It does. You know, I think it is critically important that we provide the right opportunities for our students. One of the things that my athletic director tells me all the time is that we have to be--we have to be wary of those who purport to protect student-athletes, and instead what we need to do at Virginia State is to provide them with the knowledge and information, so that they can protect themselves. I have run into a gentleman today--yesterday at the hotel, Mr. Jamar Samuels, who was unfortunate--had an unfortunate incident in 2012 where he was ruled ineligible for accepting $200. At that time--we all know that before NIL that all of us were dealing with rules and regulations that we thought to purport to protect students--student-athletes, and in fact they weren't doing that. And so I think that with transparency, even those schools that have limited resources such as ours, that we can compete on the open market, albeit quite differently than some of our colleagues here, and that we can provide quality opportunities for those young people who choose to come to Virginia State University. Mr. Bucshon. Sure. We don't want athletes to make mistakes that would compromise their futures. Ms. Heppel, do you believe that institutions distributing NIL support resources should do so among all student-athletes and not just those participating in revenue-generating sports? Ms. Heppel. Thank you. Absolutely. I mean, what we are talking about are educational resources and tools to be successful in life as a student, but then beyond, and those should be equally accessible to all student-athlete participants. Mr. Bucshon. You know, what are some potential guardrails to consider to ensure that institutions do not focus the overwhelming majority of their NIL support resources for athletes to revenue-generating sports? I mean, it is a tough-- it is a tough problem, right? Ms. Heppel. Well, but it is consistent with challenges, and we already, as leaders in athletics, focus on the well-being of all of our student-athletes, regardless of the sport. Thank you. Mr. Bucshon. Thank you. I yield back. Mr. Duncan [presiding]. The gentleman's time has expired. The Chair will now recognize Ms. Blunt Rochester for 5 minutes. Ms. Blunt Rochester. Thank you, Mr. Chairman. While I was not an athlete, I did graduate from the Cinderella school that busted everyone's bracket, Fairleigh Dickinson University, and I was born in Philadelphia. So on behalf of all of us, we thank you, Mr. Burton, for the Philly Special. Thank you to all of the witnesses here for your testimony, and I am glad that we are having this very important conversation about the rights and protections of collegiate athletes. Since 2021, we have taken large strides forward on the right to benefit from one's own name, image, and likeness. Still, we are faced with significant questions on how we should continue to support the rights of collegiate athletes and ensure they have the right tools to make the best decisions possible. Dr. Abdullah, thank you for your testimony and for your work advocating for HBCUs. As the only member of the House from Delaware, I have the privilege of representing Delaware State University here in Congress, and I want to acknowledge your role on the Presidential Board of Advisors for HBCUs that is chaired by Delaware's own DSU President, Dr. Tony Allen. Dr. Abdullah, if a Federal NIL standard were to be developed, what key provisions would you suggest be included to help ensure that athletes at midsized schools, smaller schools, and historically black colleges and universities in particular are protected and afforded the best opportunity to succeed? Dr. Abdullah. Thank you so much, ma'am. It is important to note that there are over 500,000 athletes that participate in NCAA championship sports. And many of those athletes are at Division II, Division III, and smaller midmajor institutions in Division I. And so designing rules and regulations that are, one, transparent, but also take into account that there are many different sizes of institutions that generate quite different revenue, who offer different sports, but to make sure that we can provide protection--NIL protection--for all of those students through transparency. Ms. Blunt Rochester. In your testimony, you stated the importance of providing athletes with the proper tools to manage the responsibilities that come with NIL deals. Ahead of this hearing, I heard from a group of athletes on Delaware State University's Student-Athlete Advisory Committee about how difficult it is to navigate NIL deals and the need for increased resources and support for athletes interested in benefiting from them. Can you talk specifically about what kind of resources or tools would support HBCUs, such as yourself, and as you support the athletes navigating these to make sure that they are protected? Dr. Abdullah. Our institution, through our athletic director, Mrs. Peggy Davis, does a lot of the same things that our other institutions do in terms of providing quality education for students. But our SAAC director also, Ms. Alexis Baker, mentioned the same thing as the students from Delaware State, that really a lack of transparency, not knowing the rules in different States, not knowing whether she is getting the best deal in Virginia or whether she should be getting a deal somewhere else, is critically important. And so transparency is critical. Ms. Blunt Rochester. I think that issue of transparency and also the patchwork nature of what is happening is also very confusing. How can we make sure that the competitive disadvantage many HBCUs and HBCU athletes face as a result of these limited resources is not exacerbated by NIL? Dr. Abdullah. Ma'am, I will tell you this. We are proud to compete against everybody all the time. Whether it is facilities or resources or coaches, we are always at a competitive disadvantage in many aspects, but we are proud to compete. And what we don't want to happen--we want to make sure that young people have access to find the way to find their true value and to get their resources, and we would not want to hold that back. Ms. Blunt Rochester. Thank you. And, Mr. Stahl, you mentioned in your testimony that Dartmouth College is employing a new technology to eliminate players on the same team hitting one another during practice. Can you explain this technology in a bit more detail? And is there--is this something that you think should be scaled up more broadly? Are there other emerging technologies that show promise as well for safety and the experience of the collegiate athlete? Dr. Stahl. I greatly appreciate that question. Yes, I do think they should be scaled up. Absolutely. It is--in terms of cost, I was shocked recently to find out that--so what they use effectively are robot tackling dummies. They cost about $6,000 each. And so we had somebody from our organization who did this research to find out, OK, where do these exist, right? There are some in the pros. In terms of the top tier of, you know, thinking about Power Five schools, they are in use at Michigan. Dartmouth, we really do feel, you know, the Ivy League in particular is at the forefront here of using this type of technology and showing that you can win--they have won many Ivy League championships despite the fact that they are--or I would say because they are using this technology and practice. Ms. Blunt Rochester. Well, thank you for your answer. We will follow up after this as well---- Dr. Stahl. Please. Ms. Blunt Rochester [continuing]. To get more details, and I yield back. Mr. Duncan. The gentlelady yields back. I will now recognize myself for 5 minutes. We are on our third chairman today, but I am glad to be chairing this. I have followed the NIL issue for quite a long time here in Congress. So as my wife who is in the room with us today can attest, I am a college football junkie. And Washington State University, my son and I watch, that is our late-night game on the East Coast, especially during the 7 years that Mike Leach was there, rest his soul, and enjoy WSU football. I will say that I understand that NIL is here to stay, but I align myself with some comments Jake Sherman made today in Punchbowl Sports when he said the ability of college athletes to get paid while they compete has changed the landscape of amateur athletics. And I agree with that. I appreciate the amateurism of college sports at all levels. I say I am a college football junkie, but I like college sports in general. As the proud elected representative of South Carolina's 3rd Congressional District, I have the distinct honor of representing Clemson University, home to the 2016 and 2018 college football national champions. And I am glad Buddy Carter isn't here. I don't want to hear about the Georgia Bulldogs. We hear enough of that. Many of our Tigers have gone on to illustrious careers in the NFL. In your written testimonies, Director Chun asked us to develop Federal standards that provide transparency and enforceable safeguards to mitigate the negative impact of existing NIL environment. Commissioner Heppel stipulates the need for development of a national standard around NIL rights. Mr. Burton testifies that--to the need to establish a uniform set of rules with clear guidelines with an eye to pay- to-play issues and recruiting. And Ms. Mudge says that it is imperative that we have uniform guidelines and expectations relative to NIL as opposed to the current framework, and also with an eye towards potential recruiting problems. I think that is remarkable--a current athlete, a former athlete, an athletic director, and a league commissioner in unanimous agreement on the need for a national standard. So, Commissioner Heppel, let me start off with acknowledging something that I think I heard you say, and that is there is a value of a scholarship and the benefits provided by the university to college athletes that is often left out of this debate. They are already getting some value. And, as Mr. Burton said, the value of that college degree to go on--and even Ms. Mudge, to go on to a nursing degree and career, there is value in that, and that needs to be kept in the forefront as we talk about this. I am afraid that the redistribution of revenues will affect the ability of universities to fund some of the lower--I say lower-tier, they are not--but lower-tier athletic programs, other than college football, college basketball and baseball, and some sports. So, Commissioner Heppel, as a league commissioner, what should the standards look like? Ms. Heppel. Thank you, I think. The--no, I mean, I--it is the key question. I would say that we have to start with what NIL is not and should not be used as, which is recruiting inducements and pay-for-play. Mr. Duncan. Right. Ms. Heppel. And clearly have regulations that preclude that, which we do now in the NCAA structure. But, as you noted, the patchwork of State laws around NIL specifically make that hard to enforce at a national level, and this is national competition. Mr. Duncan. And, look, I agree with you. I mean, the coaches that are recruiting--and now we are going to have alumni participating in that--I came through right after the Charley Pell years at Clemson University, where recruiting violations by alumni and booster clubs caused us to go on probation right after our national championship. I want to move to Mr. Stahl. The ACC Student-Athlete Advisory Committee in its letter of March 28th states, ``A pay- for-play model would exacerbate the disparities faced in women's sports and historically black colleges and universities as funds will have to be redirected from nonrevenue-generating sports to almost entirely football and men's basketball. Even at Power Five level, roughly half of athletic departments run a deficit annually. ``Directly compensating student-athletes will further expose challenges to sustain other sports, potentially forfeiting opportunities for thousands of prospective student- athletes in years to come. In essence, the college model must remain unchanged. Congress would do a disservice to student- athlete sports culture and American society in general if it passes a bill that diminishes the educational opportunities that leave schools no choice but to reduce scholarships or cut programs to budget reallocations.'' Mr. Stahl, unless you can point to a previously unknown source of funding that keeps these other sports funded as they are today, I am not willing to kill the aspirations of so many young athletes who don't play football. Can you speak to that? Dr. Stahl. What is the question specifically? Mr. Duncan. So, you know, if you're reallocation-- reallocating these funds, how are the softball players, the hockey players, the lacrosse, the track and field, how are they going to be funded? And would this not limit opportunities for student-athletes at these universities to have the opportunity to get a scholarship, attend a college, and reap the benefits that Mr. Burton and Ms. Mudge have? Dr. Stahl. OK. So there is a levels-of-play question for-- here for sure. And there is new money coming in. So the media rights contracts that are coming down the pipe now, and all the Power Five conferences, college football playoff system, we are talking about many, many, many new billions of dollars. Mr. Duncan. Well, that is---- Dr. Stahl. The idea---- Mr. Duncan [continuing]. Power Five. Let's go to Dr. Abdullah. How is your university going to navigate all that? My time is way over, but quickly. Dr. Abdullah. I think we--again, our university is primarily based on student fees. We are managing it now. We are managing it through NIL, and we believe that transparency will help athletes be able to determine their value. Mr. Duncan. OK. Thank you. My time is up. I will go to Mr. Soto from Florida for 5 minutes. Mr. Soto. Thank you, Chairman. You know, college sports is now a $16.6 billion industry. Just incredible when you think about those numbers. And I want to thank my fellow Floridian and Chairman Bilirakis for inviting both UF and FSU to this panel. Let it not be said this committee is not fair and balanced. That led to a whole rivalry discussion in my office, so thank you to Gus for that one. And we have two teams in the Final Four, Miami and FAU, which also is worthy of discussing how proud we are of both of those programs. Many athletes come from communities of color or socioeconomically disadvantaged communities in college sports-- obviously not everyone--and we have seen it become a volatile combo over the years with--prior to NIL--name, image, likeness--compensation being established. When I was in the Florida Senate, FSU was heading into the championship, and a major player had legal trouble--a minor theft--in the midst of all this stuff, because that player lived in nearly abject poverty, being surrounded by money on all sides, from students and boosters to universities. And it just struck me how this person could help lead this amazing program and still lack basic funds that your average FSU student had. And so, in 2021, Florida establishes the new law, first, establishing an NIL statute. And then they made some reforms in 2023, which I wanted to ask some of our folks about first, that allows the universities to be involved in setting up endorsement deals should the college athlete like that want that to happen. Two, financial literacy, life skills, and entrepreneurial workshops. Now NIL contracts can last longer than the period of that athlete's collegiate career, and college athletes and their representatives no longer need to disclose the athlete's contracts to the schools should they not. So my first question is for Ms. Mudge. Florida law we talked about has this financial literacy, life skills, and entrepreneurial workshops requirement. Did you participate in those workshops? Were those helpful for you or for some of your colleagues? Ms. Mudge. Yes. I am not sure if these are the workshops you are talking about or not, but we were given a lot of information from our compliance department. And also, having teammates that are in the NIL courses from Florida State University, they have learned a lot about how to read contracts, how to negotiate deals, and just the new world of how to make a brand for yourself. I am not particularly sure on which workshops you might be discussing, but I just feel, as a student-athlete, especially at Florida State, they have given us a lot of information of how to go about the new NIL world. Mr. Soto. Sure. And that definitely sounds like the results of the new statutes. So thank you, Ms. Mudge. Dr. Abdullah, do you think these types of workshops would be helpful nationwide? Dr. Abdullah. I think they definitely would be helpful nationwide. And given that our academic institutions--and I know we all are doing it, but the fact that we are involved in education--I mean, that is the critical part, and I think it is very important that we continue to provide guidance for young people to be able to maximize their value. Mr. Soto. And, Mr. Burton, you have had the amazing honor from your hard work of both playing on the collegiate level and on the NFL level. How important do you think early on getting some of this financial direction would be, given your experience with some of your colleagues from college, and then going into the NFL? Mr. Burton. Yes. I think it is extremely important. Knowing what I know now, you know, if I did have NIL, you know, after playing 7 years in the league and doing endorsement deals and marketing deals and contracts, I would have been a completely different person. So I think, you know, now that guys are--men and women are starting to get paid, before it was important but you didn't really know what you didn't know, you know? Like I went to--I went to classes at Florida about taxes, but I didn't really understand what taxes were until I got to the NFL and, you know, half my check is gone. So I think they are extremely important. Mr. Soto. It depends on what State you live in, for the record. And, well, Mr. Burton, you may have a career teaching NIL financial literacy to one of Florida's local universities, so---- Mr. Burton. I would love that. Mr. Soto [continuing]. We certainly appreciate that. The other thing I want to talk about briefly is, you know, college sports is glorious but also is dangerous. You can get injuries that last for years. And so, Mr. Stahl, or Dr. Stahl, do college sports help support healthcare needs of former athletes suffering from these injuries after their playing career is over? Dr. Stahl. Not as well as they should. I think there really needs to be a uniform nation--we were talking a lot about uniform nationwide standards regarding NIL. And I think what we should actually be talking about is uniform nationwide standards regarding healthcare after players are done with their playing days. Mr. Soto. Thank you, Dr. Stahl. It is clear we need national rules eventually. Our States are our workshops on this right now. But I would encourage the chairman to continue onward for nationwide standards to avoid this asymmetry in competition we heard a lot about earlier today. And I yield back. Mr. Bilirakis [presiding]. Thank you. Appreciate it very much. All right. Now I recognize the vice chairman of the subcommittee, Mr. Walberg, my good friend from Michigan. Mr. Walberg. Thank you, Mr. Chairman, and now I find out maybe I could have had my five shoulder surgeries taken care of. Appreciate all the witnesses being here today. It is a topic that--it is past its time of addressing. In 2021, the State of Michigan passed a name and image and likeness law for our colleges and institutions. Go Blue, Go Green. But Michigan is only one State in the patchwork of State NIL laws and is causing confusion across conferences. We need to establish clear rules of the road, so athletes, colleges, and advertisers can all benefit. The radical National Labor Relations Board--that is my own opinion--in 2021 issued a memo where the general counsel alleged that student-athletes had been misclassified and are in fact employees at the academic institutions. As a member of the Education and Workforce Committee who has jurisdiction over this topic, I have heard from smaller schools in Michigan, such as Adrian College, a school that blossomed from 800 students to 1,700 students in a short period of time due to upgrading their athletic programs to over 50 teams, 70 percent of their scholar athletes are involved in those teams, ranging from of course football and basketball, lacrosse, hockey, women's hockey, women's synchronized swimming, Esports, and even bass fishing, which is a revenue producer for the college. Sports grew this institution as well as its academic facilities, chemistry labs, business facilities, et cetera. Ms. Heppel, the Patriot League competes at the Division I level amongst schools like Mr. Chun's. But as your testimony shares, your league represents a diverse group of institutions, many of whom see reclassifying student-athletes as an employee as the breaking point for sponsorship of athletic programs. Can you share more on why many of your institutions have come to this conclusion? Ms. Heppel. Thank you. Athletics is conducted and considered an important cocurricular activity on our campus. It is part of the educational process and the experience that the student-athletes receive for being students and being fully engaged in campus life. That is not an employer-employee relationship. That is an institutional experience being provided to a student--to the student body. So it would be incompatible to consider the student-athlete an employee in that type of relationship. Mr. Walberg. Dr. Abdullah, would you care to answer that as well? Dr. Abdullah. We have tons of extracurricular activities on campus, including an award-winning marching band, our debate club, as well as our student athletics. And so for us, a university that is committed to amateurism and in a conference that is committed to amateurism, that would be inconsistent for Virginia State University. Mr. Walberg. Appreciate that. In 2014, the NLRB was involved with the Northwestern football players' effort to unionize their teams. In 2022, the NLRB was again involved in an effort to upend the current collegiate sports model. Dr. Stahl, your organization was involved in a recent effort to unionize the football team at Penn State. Would you rather student-athletes unionize, or would you rather there not be student-athletes at all? Dr. Stahl. It is up to them. Whatever our members want is what we try to do. And so our members tell us different things. When we were organizing Penn State, we actually had a two-tier campaign. The second tier said if there is not voluntary recognition of what we are trying to do, if there is not a coming to the table voluntarily with coaches, with administrators on campus, with the commissioner of the Big Ten, then, yes, we might have to go that more formal route. But we came out with our hand extended. We said--because that is what the members wanted to do at Penn State. Mr. Walberg. At Penn State, they made that choice to not-- -- Dr. Stahl. That is correct. Mr. Walberg [continuing]. Not unionize. OK. Dr. Stahl. No. They made the choice to have the unionization option as the backup option. Mr. Walberg. As a backup option. Mr. Chun, would you like to respond to Dr. Stahl on that issue? And if collective bargaining were to take place, what resources would have to be relegated, perhaps to the detriment of students? Mr. Chun. Complicated question. Mr. Walberg. And I only have 11 seconds, 10 seconds. Mr. Chun. I mean, ultimately, we are in a model that puts a primacy on academics, broad-based programming opportunities for men and women across multiple sports. Anything that--you look to my right, how do you--how is a football player unionized or an employee and a softball player isn't? We can all sit here and know the inputs are the same. She is putting as much time in as he did on the--in the weightroom, in the classroom, in the practice field. There is no difference other than the venues in which they play in and the amount of viewership. That is it. Mr. Walberg. Thank you. Thank you. I yield back. Mr. Bilirakis. Thank you very much. I will recognize the gentlelady from New York, Ms. Clarke. Ms. Clarke. Thank you very much, Mr. Chairman, and I thank our ranking member. I thank our panelists for being here today and for really shedding light on a topic that has taken on great resonance across this--across this Nation. Recognizing collegiate athletes' name, image, and likeness rights is a step in the right direction. But it would be a mistake for this committee not to recognize and address what I think is the root issue, and that is the empowerment of collegiate athletes. I was just having a conversation with my colleague, Mrs. Trahan, and we are talking about collegiate when in fact the recruitment of these students starts in their high school years, right? So if we really want to look at the type of branding, information, and education, it kind of has to begin in their high school careers, where they are truly on a track for that type of education. But having said that, this multibillion-dollar collegiate sports industry is built, I believe, off the backs of our students, mostly black and brown, collegiate athletes, and the benefits that they have received are very few. The current system is premised both on collegiate athletes' disempowerment and unpaid labor, a system some--like sports commentator Bomani Jones--has termed ``legalized exploitation.'' I think we are at the stage where that tipping point has been set, and I am hoping that we can move expeditiously to end the practice. Mr. Chair, I ask unanimous consent to enter into the record the March 21st New York Times op-ed entitled ``Even the Supreme Court Can't Save the NCAA from Itself.'' Mr. Bilirakis. Without objection, so ordered. [The information appears at the conclusion of the hearing.] Ms. Clarke. Thank you very much. In the recent Alston v. NCAA ruling by the Supreme Court, Justice Brett Kavanaugh wrote in a concurring opinion that ``the current NCAA model is suppressing the pay of student- athletes who collectively generate billions of dollars in revenues for colleges every year.'' Those enormous sums of money flow to seemingly everyone except student-athletes. College presidents, athletic directors, coaches, conference commissioners, and NCAA executives take in six- and seven-figure salaries. Colleges build lavish new facilities, but the students who generate the revenues, many of whom are African American and from lower- income backgrounds, end up with little to nothing. Mr. Chun, what are your thoughts on Justice Kavanaugh's observations? Is that an accurate characterization of the current system? Mr. Chun. The primacy of academic is the number-one priority of college athletics. The greatest factor today in social mobility is still a college education. Our business model is flawed. On most campuses, it is one, maybe two sports, at least at our level, that provide resources and revenues to fund the rest of the athletic department. And, oh, by the way, we are legally obligated to follow Title IX. So access, opportunity, there has to be equity. So the model that we have currently provides extraordinary opportunities for multiple student-athletes. And, oddly enough, the segment of--there is a certain segment of schools, because of this men's basketball tournament, that provide opportunities like Dr. Abdullah said to half a million student-athletes across 1,200 institutions across three divisions. So there are inherent flaws in the model. I recognize that. But the reality is, is it--those flaws are--have created this opportunity for endless, countless student-athletes. Ms. Clarke. Very well. What are your thoughts on Justice Kavanaugh's observations, Mr. Stahl? Dr. Stahl. Dr. Stahl. I obviously largely agree with him. I want to-- do want to respond to something that Mr. Chun said, and it has been repeated, you know, throughout this panel: the supremacy of the sort of academic mission of the student-athlete, of higher education, and so on and so forth. I mean, I just think we all need to acknowledge that that has been severely degraded. As you get new billions of dollars into the system, what becomes of paramount importance is making more of that money, exercising the power that that money gives you. And so athletes then, you know, just very base level, like getting to choose the major they want to, right, this is more and more rare, particularly for sports like football. Many, many stories I have heard of, I agree, it should be--it should continue to be at the center of the vision for college athletics. But because of these enormous financial pressures on the system, it is not. And we really do need to address that and remedy the ways in which I think many college athletes quite simply just don't get to pick the academic major they want. Ms. Clarke. Thank you so much, Dr. Stahl. I yield back. Mr. Bilirakis. The gentlelady yields back. I now will recognize Dr. Dunn from the State of Florida---- Mr. Dunn. Thanks very much---- Mr. Bilirakis [continuing]. For your 5 minutes. Mr. Dunn. [continuing]. Mr. Chairman. After listening to this excellent panel today, it is abundantly clear that the patchwork regulatory system for the NIL licenses is simply not working. State NIL regulations, I believe, began as a well- intentioned attempt to promote fair treatment of student- athletes, but unfortunately this turns quickly into a system where the States are forced to kind of game their programs' recruiting advantages and disadvantages. And I think Congress does need to act to promote a fair nationwide NIL landscape that is transparent and benefits the athletes without favoring one school or State over another. I am most concerned with the rise of the collectives that may be abused by boosters to work around the rules. This can create undesirable incentives, which brings college athletics closer to a pay-to-play sort of scheme. I firmly believe we should be imposing guardrails to ensure the entities operate in full compliance of the NCAA standards and the law. Mr. Chun, your testimony mentioned numerous benefits that the Washington State athletics department provides for student- athletes. Can you speak to some of the effects--positive or negative--that your programs may see with boosters donating to collectives rather than to the athletic departments? Mr. Chun. Can I get the question repeated? It is--so positives and negatives of donating to collectives? Did I understand that? Mr. Dunn. So, yes, what are the effects--positive or negative--from the money--the boosters' money going to those collectives rather than the AD? And to the athletic department? Mr. Chun. Well, the positives, assuming that there is real work going on around the country, the--we want to do more for our student-athletes. Real NIL work we are 100 percent supportive of. It is what is going on with the inducements and the tampering that is the challenge, and that is where we need the help with Federal legislation, with transparency, with something that proves that there is real work, something that provides clarity for Title IX. Across many campuses, you can read it--you can read it almost daily in sports articles of coaches, administrators, assistant coaches involved with supporting and advocating for collectives. Are they representatives of the institution? Does that trigger Title IX? And also, we probably need something that takes into consideration international student-athletes. Mr. Dunn. I was also concerned about the revenue being diverted, and then, therefore, may not be available to distribute to the other sports. Mr. Chun. Well, yes, the collectives are a little bit different because those are going right to the student- athletes. It is--as long as there is equity, and as long as there is real work, there's no issues. It is with the inducements and with the tampering, that is where all the challenges are coming and---- Mr. Dunn. Well, thank you, Mr. Chun. I want to turn to Kaley, Kaley Mudge, and say it is great to have you here, a softball player at FSU. FSU is in my district and of course has received multiple honors over the years. They are very proud of you, Kaley. I wonder--it is my understanding that you came into FSU before the NIL laws took effect, and since then things have changed. Can you tell how your--tell us how your college experience has changed since NIL laws came out? Ms. Mudge. Yes. I--even with NIL coming into play, I was never one to play for the money. Being recruited, money wasn't an issue for me. I didn't care how much of a scholarship I got. I just wanted the opportunity to play college softball. And getting to have the experience for the past 4 years has been amazing, and it has been the best 4 years of my life for sure. But now, specifically with the collectives, I personally have had a very good experience with the FSU collective, but I do recognize and understand that there are collectives out there that are, you know, creating the recruiting inducements. And I think as a 15-year-old, 16-year-old, it is really hard to turn down that amount of money without the knowledge that they are given. So I am grateful that I didn't have that decision when I was back then, but even now with NIL it has never been about the money for me. It has just been about the experience. Mr. Dunn. So I think that is true. I have talked to a number of student-athletes, and I hear that story again and again, they don't want to be employees, and they really do love the game, and I thank you very much for that. Now let me just say, Go `Noles, you know, so that is--I have got to get my dig in at Georgia there, right? So, on March 1st, the NCAA named Charlie Baker as its president, and that spawned a renewed interest, obviously, in effective policymaking for the student-athletes. And, Ms. Heppel, I wonder if you find in the Patriot League student-athletes graduate with meaningful degrees and are expected to engage fully in the academic pursuits, and that they are afforded time and opportunity to do that. Do you think that happens pretty uniformly? Ms. Heppel. I do think it is the majority of the experience of student-athletes. I believe that there are student-athletes that want to commit 12 months a year to their sport to further their professional opportunities, and they should have that opportunity as well, but that the majority of student-athletes understand that life after college is going to be professional and career-oriented. Mr. Dunn. Thank you. Thank you very much. I yield back, Mr. Chairman. Mr. Bilirakis. Thank you. Thank you very much. And now I will recognize the gentlelady, Mrs. Trahan. Appreciate all the good information you have given us thus far. Thank you. Mrs. Trahan. Thank you, Mr. Chairman. I am not from Florida, but I have a world of respect for everything you all do. Mr. Chun, I am going to start with you, and I am launching right into questions because my opening remarks were already given. But as athletic director at Washington State University, you are responsible for reporting the number of men and women athletes for Title IX compliance, correct? Mr. Chun. Yes. Mrs. Trahan. And the--you must be aware that last year an investigative report from USA Today found that your university overcounted your women's rowing roster by 21 athletes and counted eight male practice players as women's roster spots to show compliance with Title IX on paper. Mr. Chun. Yes. Mrs. Trahan. And it sounds like, just from your direct and truthful answers, that you understand that by overcounting or misrepresenting the number of women athletes at your university, that you are essentially depriving in this case 29 women of the chance to continue their athletic career. Mr. Chun. Yes. Assuming those numbers are correct, yes. Mrs. Trahan. So I bring this up because many of my colleagues on the committee may not be aware that the Department of Education allows colleges to exploit loopholes, like overcounting women athletes, double or triple counting them, or even counting male athletes as women to comply with Title IX on paper. Of course, just because the Education Department allows it, it doesn't mean it is right to make college athletics less available to women athletes. And I bring this up not to put you on the spot, Mr. Chun, but we can't talk about NIL rights, particularly for women athletes, without talking about how some schools exploit loopholes that deprive women of the opportunity to play in college in the first place. It is for this reason that I introduced the Fair Play for Women Act with Congresswoman Adams and Senator Murphy to close these loopholes. And I would encourage my colleagues on the committee to join me in supporting legislation that not only strengthens NIL rights but closes these loopholes as well. I will switch gears, because I would like to talk about one of the biggest issues facing college athletics in the postamateurism landscape, and that is collectives. As some of my colleagues have rightly pointed out today, the emergence and embrace of NIL collectives has created a number of questions over the past year and a half. Mr. Chun, are you familiar with the Cougar Collective, the NIL collective associated with WASU? Mr. Chun. Yes. Mrs. Trahan. And do you or athletic department staff, including coaches, communicate directly with members of the Cougar Collective? And, if so, do they discuss potential recruits that a team may be hoping to land a commitment from? Mr. Chun. Not with me directly, and not to my knowledge with any of our coaches. Our interaction with them has been education. They have done compliance education with us. Really, we meet--our compliance staff probably meets with them at least--I think they have a standing meeting once a month, just to ensure compliance with the rules. We are fortunate our collective is filled with alums that care about the institute that are---- Mrs. Trahan. Sure. Mr. Chun [continuing]. Really focused on following whatever rules exist. And we do not have an NIL law in the State of Washington. Mrs. Trahan. So I have--I think one of the things that we need to talk about when we are talking about these collectives are whether or not, you know, there are conversations about specific athletes in tandem with universities. Mr. Chun, is it your understanding or your belief that the Cougar Collective prioritizes women athletes at the--as equally as they do male athletes? Mr. Chun. I know they have had conversations. We do not have access to what exact deals are happening, but I know they have communicated to us that they are working to try to find opportunities for our women. They understand, you know, at our institution specifically, I mean, our women sports are performing at pretty spectacular levels. So they recognize the challenges that our women coaches have as well, but we do not--there is no--we don't have any clarity exactly on what the deals are. Mrs. Trahan. Mr. Stahl--Dr. Stahl, I am sorry--I am curious to hear your thoughts on this as well. Are you aware of active collusion between athletic departments and collectives? And would you say that, generally speaking, collectives tend to approach NIL arrangements with the goal of equally supporting men and women athletes? Dr. Stahl. I mean, it depends on what you mean by ``collusion.'' I think one of the reasons I found the discussion somewhat odd today about collectives is what I know from around the country is athletic department heads, like Mr. Chun, are encouraging donors to donate money to collectives. It is a huge thing. It happens everywhere. And so, you know, to the extent that we would need some sort of NIL Federal law, like what exactly would they want said about collectives? Just the messaging is very unclear. So, in terms of collusion, I mean, that---- Mrs. Trahan. Coordination. Dr. Stahl. Well, athletic director--I will put it very simply. Athletic directors around the country are absolutely encouraging donors to donate money to collectives. This happens everywhere. Mrs. Trahan. In addition to that, it would also be helpful as we consider where the boundaries of Title IX are if we are also having conversations about specific recruits and how those collectives are set up to recruits to--to recruit athletes, excuse me. Thank you. I know I am over my time, Mr. Chair. I yield back. Mr. Bilirakis. Thank you. Thank you so much. Now I will recognize Mrs. Lesko from the great State of Arizona. You are recognized for 5 minutes. Mrs. Lesko. Thank you all for being here. And I am from Arizona, so I am proud that the University of Arizona, Arizona State University, and Grand Canyon University all made the NCAA men's basketball tournaments this year. I have a question for Mr. Chun. Mr. Chun, we have talked about this a bit, but over 30 States have passed laws relating to name, image, and likeness rights. Some of these laws have been in effect for over 2 years. While the need for a uniform policy is understood, can you cite specific examples where a State was significantly advantaged or disadvantaged as compared to another State, and the impacts they have had on a student- athlete monetizing their name, image, likeness? Mr. Chun. Well, I can--I can just cite our own State. Because we don't have a law, initially I thought that would be to our advantage and give us flexibility. But in all reality, we are governed by State ethics law, so it is really restrictive on comparatively what other States are doing. So, in the State of Washington, really they are limited to education, but we can't steer our student-athletes towards specific deals or work with collectives, as it has been legalized in some other States. Mrs. Lesko. And, Ms. Mudge, speaking--what are some of the biggest concerns among student-athletes regarding NIL? And how can Federal legislation mitigate them? Ms. Mudge. I think for the Federal legislation it would just be helpful to be on the same page. I know there is still a lot of information that we can learn about. NIL, I would say one of the biggest concerns is just education and knowledge of what NIL is, how can we use it to our advantage. I know for me, going into the NIL space, I was very nervous my first couple of deals, because the last thing I want to do is put my eligibility in question. And my compliance department, my athletic department, has been very helpful in teaching me and educating me, but I think across the board it would help to have more education federally with all of the schools in our Nation, just to teach us what NIL is, how to read contracts, how to see a good deal from a bad deal. I feel like there's a lot of people that could take advantage of how young we, as student-athletes and college student-athletes, are. So I think just being able to have legislation, so that we are on the same page and we do have a level playing field no matter what State that you are in, and just having the education to learn more. Mrs. Lesko. Thank you very much. Mr. Chun, it is my understanding that NIL collective can offer student NIL deals before they commit or show up on campus. First of all, is that correct? Mr. Chun. Not based on NCAA rules, but probably different by the--part of the issue with the patchwork of State laws. Mrs. Lesko. And so my question is, how do we ensure that NIL deals aren't being used to persuade students to pick certain schools? Mr. Chun. That is why we need a Federal standard. Mrs. Lesko. Some people have proposed ideas like making student-athletes employees of the university. How could this hurt smaller sports in smaller universities? And will some universities choose to get rid of intercollegiate sports programs altogether? Mr. Chun. I don't know how you differentiate one sport from the other relative to the employment. So if we are--I don't-- like I stated earlier, the inputs are the same. The commitment, the sacrifice, all the things that go into being a student- athlete are no different for a softball player or volleyball player, football player, basketball player. No difference between our men's and women's basketball programs. I don't know how you cite one as employees and the other one not. So it is just fundamentally flawed there, and I also don't--the notion of underperformance leads to firing just is counter to college athletics. It is about academics. It is about earning that degree. It is the immeasurable impact college athletics has. Mrs. Lesko. Mr. Stahl, you had mentioned along the way in some of your testimony about health coverage for student- athletes. And I just was wondering if you would expand upon what you are looking for. Is it lifetime health coverage? What are you asking the universities to pay for? Dr. Stahl. I am asking them primarily to negotiate about what is appropriate, right? So we don't--we are not coming into this and saying it has got to be X, Y, and Z. I certainly have ideas. Our members have ideas. I think, you know, back to the main point of my testimony, I think that the problems of the industry are enormously solvable by those within the industry, including the players through our independent players associations. And so this is one of the things we would like to sit down and talk with Mr. Chun about or, you know, we could have it at an institutional level, a conference level, what have you. I think this is how you get to actual workable solutions. It is not through Federal legislation written by people who are not involved in the industry. Mrs. Lesko. Thank you, and I yield back. Mr. Bilirakis. Thank you. I now will recognize the gentleman from Georgia, Mr. Allen, please, for 5 minutes. Mr. Allen. Thank you, Mr. Chairman. I want to thank all of our witnesses for being here today. This is a very complex issue, and it--you know, college sports is a very special and particularly American tradition. And, as an alumni, I know I enjoy college sports, and I enjoyed playing in high school. Played football and basketball and baseball, and--but when I got to college, my abilities were better served to get in the workforce. And so I was able to get a job and put my way through college. However, my roommate was a walk-on, and he didn't enjoy the same opportunity. He was--I mean, even back then, it was full- time. I mean, he couldn't get--he couldn't get a job. So, obviously, his situation was compromised. I mean, you know, because, I mean, where are you going to get the--you know, you want to enjoy the college experience, but then again, you know, and you don't want to be sitting there with a family worried about how you are going to feed them. So I agree something has to be done here, because, you know, college football, you play it because you love it, or basketball or baseball or women's softball. I mean, you have said, ``The reason that I am doing this is because this is what I want to do.'' But, at the same time, you know, it is--even in high school today--I mean, I have got 14 grandchildren, and I go to their sporting events, and they are full-time. I mean, it is incredible what sports--it has just taken over. And you get on a travel team, and you are all over the place. It is amazing. I don't know how these parents do it today. But so, you know, you have asked Congress to solve this problem, because you are going across State lines. OK. And when you are going across State lines, you have got varying laws in States. I mean, what is going to keep an athlete who travels over to--from Georgia to Alabama to play football, and there is a different deal over here? So I agree there has got to be some--there have got to be some guardrails here. Mr. Chun, how many athletes in your program since NIL was originated have entered the transfer portal to improve their NIL opportunity? Mr. Chun. That is a very good question. That I could not give you an exact number because it would just be based on rumors. Mr. Allen. Right. Mr. Chun. But---- Mr. Allen. But it happens. Mr. Chun. It happens. And it is the reality. I mean, we are seeing it all across men's basketball right now with entering the portal, and you can see the list--go on social media and see the listing of schools that are so-and-so contacting X person, and--but it is the reality of the world we are in right now. Mr. Allen. Right. You mentioned that currently there is a team in the NCAA basketball that the coach is tampering. What do you mean by ``tampering''? Mr. Chun. So what I read--and, well, what was--what was articulated in the story was during--throughout their tournament, the run for Florida Atlantic, the coach articulated that third parties---- Mr. Allen. Right. Mr. Chun [continuing]. Were reaching out to his current athletes--and they play this Saturday in their pursuit for a national championship--about going to their schools. That is tampering. Mr. Allen. Really. Wow. Mr. Chun. We have--and it is probably at its lowest levels or worst levels---- Mr. Allen. Right. Mr. Chun [continuing]. But yes. Mr. Allen. And, as I understand it, on the NILs and where this money is coming from, it is coming from alumni primarily, isn't it? Is that where the colleges are getting the---- Mr. Chun. The collectives. Mr. Allen. The collectives---- Mr. Chun. But---- Mr. Allen. Yes. Mr. Chun [continuing]. There's companies involved. I mean, it is a blend of true NIL, and if it is a recruiting---- Mr. Allen. So, for example, if you had alumni participating, their business participating in this, they wouldn't be apt to want that money to go to--you know, as far as parity is concerned. In other words, if they are doing it for college football, that is where they want that money to go. Would that--could they--can they decide or direct the money that they put in the NIL to go to one specific sport or one specific college? Mr. Chun. Well, I think if it is true NIL, it is--you know, we are not--I would not suggest limiting anything for student- athletes. That is true NIL, that is endorsement opportunities, that is--that they are paying for actual real work. It is---- Mr. Allen. Right. Mr. Chun. If it is inducement or recruiting tool, tampering, that is where the issues come into play. Mr. Allen. And that, Dr. Abdullah, is what would be affecting you is that, you know, these collectives would then-- in order for parity to exist, equity to exist, these collectives would then have to funnel so much money to athletes in our Division I, II, and HBCU schools as well. Dr. Abdullah. Yes. It would make it difficult to have parity. But I think that 70 percent of my kids are Pell eligible, and so for me and for my kids it is about the--it is about their ability to get funds so they can go to school and maybe have possibly the biggest payday that they can have. And so I firmly am behind them trying to do the best that---- Mr. Allen. Right. Dr. Abdullah [continuing]. We can. Mr. Allen. And I agree. Thank you. I yield back, Mr. Chairman. Mr. Bilirakis. Thank you. Excellent questions, by the way. All right. Mrs. Harshbarger, you are recognized for 5 minutes. Mrs. Harshbarger. OK. Thank you, Mr. Chairman. Thank you all for being here. I am going to tell you some things that I have learned from talking to different schools, and you correct me if I am wrong, and then I will give you some questions. OK? How about that? You know, I want to talk about portals. I want to talk about agents. And then I want to hit the collectives. I mean, I don't really want to hit them. I just want to see if what I have learned is true. The portals. There's no contracts. These athletes are free agents every year. Am I correct? You can play for a year, then go into the portal, see if you can get more money, and then I guess stay with the school that you were planning if you don't get more money? Is that correct? Yes or no. Or is it true? Ms. Heppel, maybe you know. Ms. Heppel. I am looking down to the left for--you know, the transfer portal is the means by which student-athletes are able to let other schools know that they are interested in transferring. Mrs. Harshbarger. So if a student goes through that portal--and this is what I have come to the understanding--if they have a scholarship on the table and they go through the portal, from what I am understanding, is 35 to 40 percent of these student-athletes will lose their scholarship if they are not picked up in the portal. Am I correct? Ms. Heppel. That is a possible outcome---- Mrs. Harshbarger. Yes. Ms. Heppel [continuing]. When they inform their current school---- Mrs. Harshbarger. Absolutely. Ms. Heppel [continuing]. That they are looking elsewhere. Yes. Mrs. Harshbarger. All right. That is a bad thing. You know, and I am all for like a revenue-sharing model, and I think that is what it was intended to be. Let's go to these agents or so-called agents that are recruiting young women like you, and some of these young men. You know, I don't even know what the criteria is for these agents, and, you know, you get a 3 to 4 to 5 percent recruiting fee, but then I have heard that some of these agents will garner up to 80 percent of that student's income, which is pathetic. There is no regulation there. And I will put it to you this way. Based on what I have seen over the last couple of years, it is clear that the courts, nor the States, can establish uniform rules. Therefore, you are sitting in front of Congress, probably not where you want to be. But something has to be done. What do you think about the revenue-sharing model for these schools per sport? And I understand on a first-sports basis football, you wouldn't be able to do that. Am I correct? Ms. Heppel. Not within the Patriot League. Mrs. Harshbarger. Yes. Ms. Heppel. There is not revenue generated from any of the individual sport programs within the league. Mrs. Harshbarger. And I have heard that these agents should be maybe in a marketing capacity where a certain percentage is what they get. But correct me if I am wrong, this, too, I understand that you have got these collectives that are--you know, 60 percent of their NIL payments come from wealthy donors, and that is not sustainable. If you have one donor that gives 8 to 10 million, they are not going to do that every year. But now I understand that schools are allowed to help them fund raise. Is that correct? And that happened in October of last year? Do you all know about that? Ms. Heppel. As of this moment in time, I am not aware of any collectives within the Patriot League. So I would---- Mrs. Harshbarger. OK. Ms. Heppel [continuing]. Be hard-pressed to speak to---- Mrs. Harshbarger. OK. Because--I won't blame the schools, but I was told that now they are using athletic associate foundations to recruit, because sometimes these donors go out and recruit athletes that the school really didn't want to recruit, and they are stuck with them. So now, through these foundations, the schools can have some input on who they want them to go after. So that is something to be looking for. You know, there are just a lot of unknowns here. I know there's something else on here that I--I just needed clarification about this, because if we need a standardized--if we need to do standardized legislation, that is what we are here to do. But I have to have all of the facts, and I have to have correct facts and not hearsay in order to do that. What do you think Congress should do? What about the revenue-sharing models with some of these companies and corporations? What is your opinion? We can just go down the line. Ms. Heppel. You know, I think as I have read that revenue sharing, to me anything that opens the door toward an employee status we need to be cautious, very cautious about. Dr. Abdullah. I think we need to make sure that the athletes that are involved in these revenue-generating sports and generating a lot of revenue, that they have the opportunity to find out what their value is and to get funds for that value. Mrs. Harshbarger. Absolutely. Mr. Burton. I am against revenue sharing from like--in the sense of employee or employment, because that is where, in my opinion, amateurism becomes professionalism. Mrs. Harshbarger. Yes. Ms. Mudge. As an Olympic sport athlete, I am also against revenue sharing. Just I want future softball players, future college athletes, to have the same experience that I did, and it is scary to think that the funds that are used to fund softball could be taken away and that Olympic sports wouldn't be a thing anymore. So, yes. Mr. Chun. I would agree. I don't--I don't see if--how this--how an employment model works across all the sports that are sponsored across the NCAA. Dr. Stahl. We take the position in our platform: Percentage of the big money and media rights revenue contracts for the players whose name, image, and likeness is used in that media, there is going to be billions of new dollars in the coming 2 years, and the players whose--who generate that wealth should be able to share in it. Mr. Bilirakis. OK. Thank you. Thank you very much. The gentlelady yields back. Mrs. Harshbarger. I yield back. Mr. Bilirakis. Now I will recognize the gentleman from California, Mr. Cardenas, for 5 minutes. Mr. Cardenas. Thank you very much. Appreciate Chairman Bilirakis, and also Ranking Member Schakowsky, for holding this hearing. And thank you for allowing me to waive on to the committee so that I can get involved in this discussion before the American people, who hopefully are watching. And this topic is very important, and I am glad that we are having this discussion, though my colleagues have pointed out the range of issues confronting student-athletes today goes well beyond NIL concerns. In 2021, the NCAA brought in $1.15 billion in revenue--that is with a B. The product that they garnered this money from comes from young adults who put their bodies on the line to bring to viewers across the country and across the world what generates all of this money. And, therefore, it goes--should it go anywhere else? Absolutely, I think that the people who are actually putting their bodies on the line, putting their--in some cases putting their life on the line, should be able to benefit from all of this revenue and what actually creates the revenue. Mr. Chun, could--would collegiate athletes be better protected if they were part of a union? Mr. Chun. I know the student-athletes at Washington State, the benefits and services that they are provided, along with being a part of the Pac-12, provide a litany of academic support, strength and conditioning support, and---- Mr. Cardenas. So are they better off now that they have that opportunity? Mr. Chun. You would--I would need a point of reference on what---- Mr. Cardenas. OK. Mr. Chun [continuing]. ``Better off'' means. Mr. Cardenas. Thank you. Mr. Chun. Yes. Mr. Cardenas. Mr. Stahl, do you agree that they are better off today than they were before they had that opportunity? Dr. Stahl. Before they had what opportunity, sir? Mr. Cardenas. The opportunity to have representation. Dr. Stahl. Well, we are still in that middle space where that is what we are trying to provide. We are trying to provide representation. And for college athletes who do want to attempt to unionize, we want to be there to help facilitate that. And to answer your first basic question: Yes, absolutely. Anyone who is, you know, going to be a member of a union is going to have far more workplace protections than someone who isn't. Mr. Cardenas. So are there people on the campus who are actually members of unions who actually go to work there every day? Dr. Stahl. Oh, absolutely. Yes. I mean, the universities bargain with unions across--every university in this country bargains with unions, yes. Mr. Cardenas. And those employees who are on that university who go to work, whether they teach or whether they are janitors or what have you, who are members of unions, are they better off now that they have representation than before they had representation? Dr. Stahl. A hundred percent. Mr. Cardenas. Well, I would venture to believe that students would benefit as well if they had representation in any environment on any campus, especially when they are the ones at the core of generating the revenue, not just the revenue that I just spoke of--that was just the NCAA's revenue in 1 year--much less the revenue that is actually generated in other aspects as well. One of the things that I would like to point out is that the stated mission of these unions is to empower individuals to create a strong collective voice and to achieve and maintain excellent wages and benefits and working conditions. So, Mr. Stahl, would collegiate athletes be able to have better representation, be in better situations? And what is the biggest obstacle to collegiate athletes organizing today? Dr. Stahl. Fear of retaliation. I mean, we saw this at Penn State this past summer. I think there is---- Mr. Cardenas. What did that retaliation look like? Dr. Stahl. Well, I think there is just an issue of there is--within college football--again, I am only going to speak to our members. I am only going to speak for---- Mr. Cardenas. Sure. Mr. Stahl [continuing]. College football. Mr. Cardenas. Sure. Please. Dr. Stahl. Yes. I think within college football you have ample opportunities for retaliation against players who would want to engage in organizing efforts, either towards the union or towards something else, right? Some sort of voluntary chapter within a players association. There are so many men who are on these teams, right? If you engage in this type of organizing effort, retaliation can take the form of something you are just not even going to notice, right? Loss of playing time, right? And so, yes, I do think that is my biggest fear for sure. Mr. Cardenas. Thank you. I have an article here written by Notre Dame University President John Jenkins who discusses some of the support that Notre Dame gives voluntarily on their own, their internal policy towards student-athletes. Notre Dame provides 10 years of coverage for its athletes after an injury occurs and guarantees that student-athletes will keep their scholarship regardless of performance on the field or injury. I would like to submit this for the record, Mr. Chairman, if---- Mr. Bilirakis. Without objection, so ordered. [The information appears at the conclusion of the hearing.] Mr. Cardenas. OK. Thank you so much. Obviously, Notre Dame is a large and well-funded institution. Dr. Abdullah, what sort of support would you need from the NCAA in order to provide similar protections for your athletes at your school or at a school the size of Virginia State? Dr. Abdullah. The easy answer is we would need additional revenue to be able to provide all of those. Mr. Cardenas. OK. Does it sound like an organization that pulls in over $1 billion a year might, if they choose to, be able to provide that kind of support, so you could meet them halfway maybe and make it happen? Dr. Abdullah. I imagine that they would, sir. Mr. Cardenas. OK. Thank you so much. I yield back the balance of my time. Mr. Bilirakis. Thank you. I thank the gentleman. I now recognize the lady that represents Gainesville, Florida, home of the University of Florida Fighting Gators. You are recognized for 5 minutes, ma'am. Mrs. Cammack. Thank you, Mr. Chairman. And, as always, it is great to be a Florida Gator. Trey knows what we are talking about. Sorry, FSU, I know you hate that. But this is a great day. Regardless, I think we are going to see some great bipartisan work done in the way of addressing this issue that I think should have been addressed a while ago. I think the cat is a little bit out of the bag. Back in 2021 when States started putting the patchwork framework together, it kind of made a bit of a mess for us on this side of it, but we are here now. So I am going to start with you, Ms. Mudge. Should NIL contracts be permitted when a student-athlete sport is in season? Or should there be a balanced approach in how NIL rules are applied when a student-athlete is in or out of season? Ms. Mudge. Yes. That is a great question. Mrs. Cammack. Thank you. It is a Gator question. Ms. Mudge. I would say that NIL contracts should be permitted in season. I think it is a very individualistic approach, as I have teammates that don't want to benefit from NIL and don't want to pursue certain opportunities, and I have teammates that do. And I think that is the freedom of NIL, is that we can choose. I personally don't feel too stressed during season to go forward with NIL contracts. And if I do, the companies that I have been able to talk with have been very, very lenient and very helpful in understanding my schedule. So I personally don't think that there should be certain times when NIL can and can't happen for athletes, just because of the freedom that we have the control to choose if we want to do a deal or not. Mrs. Cammack. Thank you. Mr. Burton, same question to you. Mr. Burton. No, not at all. I mean, what happens if I score, you know, five or six touchdowns in the game, you know, and the next day someone wants to give me an NIL deal. So I don't think--by no means do I think there should be a limit on when or how or anything like that on NIL. Make as much--the players should be able to make as much money as they possibly can from that standpoint. Mrs. Cammack. OK. Thank you. Mr. Abdullah, same question to you from the university perspective. Dr. Abdullah. Excuse me, ma'am. Would you mind repeating the question? Mrs. Cammack. Should student-athletes be able to engage in NIL deals during their season or not? Dr. Abdullah. I believe so. I believe that student-athletes shouldn't have any restrictions on their ability to generate NIL dollars. Mrs. Cammack. OK. Excellent. Mr. Chun, you described your extensive work with several of the NCAA committees, including the Transformation Committee. You briefly touch on the issues with a potential employer- employee situation regarding the student-athletes. And I wanted to know, did you guys touch on any of the revenue-sharing models, the impact that that would have, if it were applied to all sports? If so, did you simulate what specific actions, if any, athletic departments would take in order to comply with the type of model? Mr. Chun. We did not. Mrs. Cammack. Wow, that was the shortest answer ever. All right. Thanks. This one is for you, Ms. Heppel, and also to you, Mr. Chun. Should there be an office or a clearinghouse specifically within either schools, conferences, or the NCAA to review and validate companies or individuals, not necessarily contract details, but those that seek to partner with student-athletes for an NIL deal? We will start with you, Ms. Heppel. Ms. Heppel. I think that is a great question, and I think it is something I have thought a lot about. I think the importance of ensuring student-athletes understand what their fair market value is and ensuring that they are entering into legitimate deals are the two paramount issues. Mrs. Cammack. Absolutely. Mr. Chun? Mr. Chun. Nothing to add. I agree with that. The clarity that student-athletes would get from understanding the market-- and I think someone mentioned earlier just seeing what also is appropriate to have with your attorneys or agents that are representing you from a commission standpoint, those are critical factors for our student-athletes. Mrs. Cammack. Excellent. Going back to you, Ms. Heppel, according to the NCAA, over 20,000 international students compete in collegiate athletics. These athletes are precluded from engaging in NIL activities because of what that would mean for their visa status and employment status. What steps can Congress take to allow for these athletes to take advantage of the same types of opportunities that are available to their peers? And what would we expect the impact to be on the athletic programs within the universities? Ms. Heppel. I--you know, I am not an immigration lawyer, and I think that is where some of this has been hung up, from a pure--as a commissioner of an athletics conference, with schools that recruit nationally and internationally, I don't differentiate, and we don't differentiate on our campuses. All student-athletes should ideally have access to NIL opportunities. Mrs. Cammack. From the nodding of everyone's heads, I feel like everyone is in agreement on that. All right. Excellent. And since I have got--well, I am 7 seconds over. With that, I guess I--Mr. Chairman, I yield back, and of course, go Gators. Mr. Bilirakis. Go Gators. All right. Next we have Mr. Fulcher from the great State of Idaho. Thank you. I recognize you for 5 minutes. Mr. Fulcher. Thank you, Mr. Chairman. Just a little bit ago I told my good friend from Georgia I wish I knew a good congressman that would fix a lot of this stuff. But maybe we are short on those too. I wanted to start with Ms. Mudge, and you said you are about to graduate, as I recall. So look back at the day you enrolled, just in your mind, and tell me if there is anything that you wish you would have known then that you know now about NIL. Ms. Mudge. That is a great question. I would say I wish I knew more back then. I wish that there would have been more Federal legislation, just because I feel like the past 2 years, even though I have been able to capitalize on my NIL, it has been very confusing and very just hard to distinguish what deals I can do, what I can't do. I am very grateful for my athletic department and compliance department for seeing me through those tough times, but I wish that back then I would have been able to have more clear-cut rules of what I could and couldn't do. And I remember when NIL came into play, like I had questions as to why someone in Oklahoma or North Carolina could do things that I couldn't as an NIL athlete. And just the confusion of having different State laws for NIL was really hard for me as a student-athlete, as I am sure I can speak for most student-athletes as well. So I do wish that even though that--I can't turn back time that we could pass Federal legislation and Federal guidelines soon, just to create just a level playing field and no more sense of confusion. Mr. Fulcher. Thank you for that. Mr. Burton, you are in a different place in your life. You have gone through a professional career as well now. But same question. Reflect back before you enrolled in college, and can you address that as well, please, what you wish you would have known then that you do now? Mr. Burton. Well, I would say 100 percent finances. My mom--single mom, didn't have much money, grew up with, you know, not much, was really thankful for support from family all across the country, and they provided, you know, a lot for us. So finances--like, for example, I remember when I got to Philadelphia I was an undrafted free agent. I signed a $10,000 signing bonus, and they gave me 7,500 bucks. And I said, ``You said 10,000, not 7,500. Where did the rest of the money go?'' And then they explained taxes to me. So just, you know, financial literacy. I think now--now having money, it is way more important, and I pay way more attention than I did before when I didn't have money. Mr. Fulcher. Thank you for that. And we know taxes here. Shifting gears a little bit, Mr. Abdullah, you referenced something, but not very deep. I would like to go just a little bit deeper. It has to do with agents. How do you protect your student-athletes from perhaps agents or agent access that may not have their best interests in mind? What are some of the things you do? Dr. Abdullah. You know, what we do at Virginia State is provide critical education, have them actually meet with agents on campus and talk about what it means to have a positive relationship. But I think the real key to making sure across the board that student-athletes are protected is to provide a level of transparency and interactions--and I think it is a question that Ms. Heppel answered just a minute ago--that the more transparency that we have across the board where people understand the deals that are happening, I think the student- athletes and the young people can successfully negotiate and use the right representation to get that done. I think the more that we keep things in the dark and keep them opaque, I think, is ripe for exploitation of athletes. Mr. Fulcher. Thank you for that. Mr. Chun, can you address that question? Agents, how do you deal with that? Maybe the ones who are not so interested in the well-being of your student-athletes. Mr. Chun. I agree wholeheartedly with what was said. We need transparency in the marketplace. We ultimately--and we need to allow our student-athletes all the information necessary as they make decisions. We can educate as much as we want, and we are no different than probably all the schools represented here where we go to great lengths to make sure our student-athletes understand all of the points that go into being in this NIL marketplace. But at the end of the day, they do need some transparency to understand what is--what is out there in the marketplace. Mr. Fulcher. Ms. Heppel, comment? Quickly. Ms. Heppel. I completely agree with the prior comments. Mr. Fulcher. All right. Mr. Chairman, I yield back. Thank you. Mr. Bilirakis. Thank you very much. Appreciate it, and the gentleman yields back. I now recognize the gentleman from Georgia, probably the number one Georgia---- Mr. Carter. How did you know I was from Georgia? Mr. Bilirakis [continuing]. Bulldog---- [Laughter.] Mr. Bilirakis. Yes. How did I know? OK. Well, I have got to be fair. I have got to be fair. Mr. Carter. Sorry. Mr. Bilirakis. Anyway, national champion--two-time national championships, back to back, from the University of Georgia---- Mr. Carter. Take as much time as you want. Mr. Bilirakis [continuing]. Mr. Carter. Mr. Carter. Mr. Chairman, take as much---- Mr. Bilirakis. All right. Mr. Carter [continuing]. Time as you want. Mr. Bilirakis. Thank you. That hurt, but I--it pained me to say it, but---- Mr. Carter. Well---- Mr. Bilirakis [continuing]. I had to say it. Mrs. Cammack. I am going to sit here the whole time. [Laughter.] Mr. Carter. Thank you all for being here. We are obviously very concerned. And thank you, Mr. Chairman, for this hearing and for your interest in what I consider to be very, very important--look, obviously, I love the University of Georgia. I graduated from there in 1980. We won the national championship that year. We have won back to back. It--you know, I am one of those, just like you, we all love college athletics. That is why we are so concerned about this, because we don't want to see it ruined. We get it. We understand that--it was even discussed back when I was in school way back then about athletes being compensated. And I get it, and I understand that, but we want it to be done in the right way. And certainly I know during this hearing we have had some great questions, and they brought up the California's College Athlete Protection Act, and I know that that potentially--and, full disclosure, I have had the opportunity to discuss, you know, the situation with some of the--some of my friends at the University of Georgia in administration. And that is one thing that they are really concerned about, is if something like this were to go to into--into effect, the impact that it would have on some of the other sports. They offer--we offer 21 sports at the University of Georgia, and we--and they are all very important to our school, and we want to make sure that they continue on. Dr. Abdullah, can you tell me if your State--if Virginia, where I have grandbabies, by the way, if Virginia followed the California bill, what do you think the impact would be on those other athletic programs? And, listen, they live in Charlottesville, and they go to UVA athletics all the time and enjoy it. Dr. Abdullah. If I am being honest, sir, I don't--I don't entirely know, because those--the impact of that level of revenue sharing is predominantly known by the Power Five schools, the larger schools. At Virginia State University, we are--we are all student-fee driven, and athletics is an extracurricular activity. And if your grandbabies would love to come to Virginia State, we would gladly recruit them to VSU Mr. Carter. Thank you. Ms. Mudge, what about you? Do you have any comment on that? Ms. Mudge. Yes. I think I am just very grateful for the experience that I have had the past 4 years. And I am not an expert on everything that is happening outside of, you know, my little square of Tallahassee, but hearing about possible revenue-sharing models that could take funds and divert funds away from Olympic sports over to football, men's basketball, to male sports, would be severely detrimental to Olympic sports. And I just couldn't imagine what my life would be without Florida State softball the past 4 years and the relationships I have made, and the access to education that I have been able to build, and just everything that I have been able to do the past 4 years. So---- Mr. Carter. That is why this is so very important to us. Thank you for that testimony. That is spot on. I mean, it---- Ms. Mudge. Thank you. Mr. Carter [continuing]. Changed your life, right? Ms. Mudge. Yes. It changed my life. I wouldn't be who I am today without Florida State. Mr. Carter. Absolutely. Thank you for that. Mr. Burton, I am sorry you had to play at the University of Florida, but--and---- Mr. Bilirakis. I object to that. [Laughter.] Mr. Carter. Seriously, I want to follow up on what my good friend from North Dakota discussed about the transfer portal and--because that is, you know, that is a concern, too. I mean, wow. It is--so much has changed, and, you know, change is OK, but we have just got to make sure we are not--we are not hurting it. And that is one thing--I am very concerned about reports, about the way the transfer rule changes coincided with the release of the NCAA NIL policy. I mean, what--how do you feel about that? Mr. Burton. Oh, I am not familiar with the policy. What is the policy? Like what---- Mr. Carter. Well, it led to an environment where, you know, I mean, are they--are they trying--is it pay-for-play? I mean, that is what I keep hearing. Mr. Burton. Yes. Mr. Carter. I don't know. I am just asking. Mr. Burton. Well, I mean, I think the transfer portal and NIL are completely separate conversations. But somehow they are getting blended now, just because there is--they are both possible. Back then, obviously they weren't possible. You know, I am--I am of the understanding that money is being thrown at recruits, high school and transfer portal in a way, and that is why I think we need to have legislation and laws on what is available to be used for transfer portal and what is not, and just clear boundaries I think is kind of what everybody is asking for right now. Mr. Carter. Good. Good. Well, again, obviously, I love a lot--I love college athletics. Let me tell you, I was at the University of Georgia. I got to see John McEnroe play John Sadri in tennis. What a--I still remember it. Sadri had 13 aces, and McEnroe still beat him two and two, beat him like a drum. And I don't want to see that ruined. I don't want to see it go away. It means so much to so many of us. Thank you all, and thank you again for---- Mr. Bilirakis. Buddy, I will give you some more time if you want it. We are waiting for Pfluger. Mr. Carter. Yes. I will take more time---- Mr. Bilirakis. All right. Go ahead. Mr. Carter [continuing]. What else---- Mr. Bilirakis. Go ahead. Mr. Carter [continuing]. I witnessed in college. Mr. Bilirakis. Don't say anything against the Gators anymore. Mr. Carter. No, I am not. I am not. Let me see what I have got. He is here now, so I will--I will yield back. Mr. Bilirakis. The gentleman yields back. Mr. Carter. But one--one last thing. Mr. Bilirakis. OK. Go ahead. Mr. Carter. One last thing: Go Dawgs. Mr. Bilirakis. All right. Very good. All right. Now I will recognize the gentleman from Texas, Mr. Pfluger, for 5 minutes. Mr. Pfluger. Thank you, Mr. Chairman. I appreciate it. I know some of us have popped in and out a little bit, but we appreciate all of you being here. And I think talking about some of these important issues, I was a student-athlete at the Air Force Academy, and obviously it brings a little bit different, you know, considerations to it. But I will start with Ms. Heppel. As commissioner of the Patriot League, you know, talk to me about what the service academy community is looking at when it comes to the guardrails that may be in place, and how it differs from maybe other institutions. Ms. Heppel. Thank you. You know, in the conversations with the folks at Army and Navy, I think, you know, there is an understanding as--that the Federal employee regulations are very different. I think they would appreciate the opportunities for their student-athletes that are similar to the opportunities that exist outside the service academies. On the other hand, young people that choose to attend one of the service academies are looking for a very different type of collegiate experience and have different goals, as you know. So it is--it is a unique perspective, very appreciative of what they bring to the table in the Patriot League and their perspective. Mr. Pfluger. Well, thank you for that, and I think that is right. You know, Mr. Chun, I will go to you. In part of your testimony, it was interesting--and I am interested to hear your thoughts on the revenue sharing, and, you know, using California's model, that would do to Ms. Mudge and what that would do to Olympic sports if we had the revenue sharing. And I think traditionally--correct me if I am wrong--but most of the revenue is going to come from football and men's and women's basketball, and that is kind of top three. So what does it do to the Olympic sports and women's sports in particular? Mr. Chun. Well, I will answer that from two different angles. One, it would be what I had spoke about before. It is the--it is the flaw in our model that two sports do drive on most campuses--some one--the revenue to run an athletic program, and are also governed by equity in Title IX. So it is--so it provides opportunities for broad-based programming. Also, as a member of the Pac-12, obviously, we are paying attention to what is going on in California, but it is another example of another patchwork State law that is going to impact how we--how we manage college athletics not only on the west coast and our conference, but it will impact other institutions in the NCAA. Mr. Pfluger. Ms. Mudge, your thoughts on that. Ms. Mudge. Yes. Just like I stated earlier, I am grateful. Florida State has been the best 4 years of my life. And just with the revenue-sharing model in California, it is very scary to think that athletes like me, future college athletes like me, won't get the experience if that model is--if that model comes into play. And I know that the funds come mainly from football and men's basketball, but I wouldn't trade my experience for anything. And I am grateful for the 4 years that I have gotten, and just all of the relationships I have made, everything that I have learned academically, athletically, as a person, everything that I have been able to learn in my 4 years, I wouldn't have learned if I didn't come in as a college athlete. And so that opportunity has been one of the best opportunities of my life. Mr. Pfluger. Thank you. Mr. Burton? Mr. Burton. Yes. I share the same thoughts from the employment standpoint, though I do think Dr. Stahl does bring up an interesting point in the sense of, you know, college basketball, March Madness, players playing, like I think there might be a way to make that work from the revenue-sharing standpoint, but I don't think it is an employment deal. You know, I think it may be like there is some talk--I think it was like Division II or Division III tournament where they gave money to collectives to pay players for NILs. So, I mean, maybe that might work. I don't know the answer to that, but I am 100 percent against employment to universities, yes. Mr. Pfluger. What--and anybody can answer this. What is the most--I use the term closest alligator to the canoe--I mean, what is the biggest threat we face right now, if we don't do something at the Federal level? And I will kind of look at Mr. Chun and Ms. Heppel. I mean, what--if we don't do something now, what is the biggest threat and what will happen? Mr. Chun. I go to what Mr. Burton said. It is about the employment model. Mr. Pfluger. OK. Mr. Chun. And the impact that will have specifically on five leagues or a subset of schools in those five leagues that ultimately, if you look at where the revenue is generated from, ultimately from the entire enterprise of 500,000 student- athletes, 1,200 institutions. So what--I guess what alarms me is if that path--if the road took us down that path, I don't know how Division II, Division III, and most of Division I exists anymore. Mr. Pfluger. Yes. Ms. Heppel. I echo that. I--you know, overseeing a league where athletics does not generate revenue, revenue sharing is probably not viable, but it does--the concern is around opening the door toward the consideration of student-athletes as employees. That would be detrimental. Mr. Pfluger. Thank you. I know my time is expiring. Do you think NIL is a good thing for the Congressional baseball game? [Laughter.] Mr. Pfluger. OK. Good. I like that. I am going to have to consider that. We do play one game a year. Mr. Chairman, I yield back. Mr. Bilirakis. All right. On that note, I will tell you that this was an excellent hearing. The testimony was outstanding, and the questions and the answers, it was so productive, and we appreciate all of you. I really appreciate it very much. Now, I want to give our ranking member an opportunity to make a statement or her observations, what have you, with regard to the hearing. We would appreciate hearing from you. Ms. Schakowsky. Well, once again, I do agree with my chairman that this has been a really excellent hearing, and I really appreciate all of the witnesses. I think a lot of questions still remain on how are we going to best serve our student-athletes, and I look forward to this being just really the beginning of that conversation that will end in some ways that we do better. So I yield back. Thank you. Mr. Bilirakis. Thank you. And, again, we do have a lot of questions, and we will submit them for the record. But I think we made a great deal of progress today. Thank you very much. I remind Members that they have 10 business days to submit questions for the record. And I ask the witnesses to respond to these questions promptly. I ask unanimous consent to insert in the record the documents included on the staff hearing documents list. So, without objection, this committee--again, without objection, that will be the order, and we are adjourned. Thank you very much for all you have done, and I thank the audience as well. [Whereupon, at 1:17 p.m., the subcommittee was adjourned.] [Material submitted for inclusion in the record follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [all]