January 30, 2009 CONGRESSIONAL RECORD — SENATE S1117 what we think is best for our country. Coach Whittingham took over the head Unfortunately, the success enjoyed Debate is good. We should encourage a coaching job at Utah 4 years ago, fol- by the Utah football team has been vigorous exchange of ideas and not fear lowing what was, at that time, the marred somewhat by the controversy disagreement. But we ought always, al- most successful season in school his- surrounding the Bowl Championship ways to strive for a common purpose. tory. The Whittingham family is sort Series. The Utes were the only football I wish to express my deep thanks to of a football institution in the State of team in NCAA Division I to finish the my fell Coloradans who have given me Utah. So fans and alumni had high ex- season 2008 undefeated. Their season the opportunity and honor to represent pectations about the future of the pro- included victories against a power- them here at this challenging and im- gram, and Coach Whittingham has not house team at Brigham Young Univer- portant time in our history. disappointed them. In each of his four sity, Oregon State, Texas Christian I suggest the absence of a quorum. seasons, the Utes have finished with a University, and Alabama, all of which The ACTING PRESIDENT pro tem- winning record and have won a bowl finished the season ranked in the Asso- pore. The clerk will call the roll. game. In fact, the University of Utah ciated Press Top 25—the latter two in The assistant legislative clerk pro- has won a bowl game in six consecutive the Top 10. In fact, Alabama spent ceeded to call the roll. seasons and, overall, they have been much of the regular season ranked Mr. HATCH. Mr. President, I ask victorious in their last eight bowl ap- number one in the country before los- unanimous consent that the order for pearances—the longest current streak ing to Florida near the end of the sea- the quorum call be rescinded. in college football. Coach Whittingham son. The PRESIDING OFFICER (Mr. has been on the staff that entire time, Yet despite these accomplishments, UDALL of Colorado.) Without objection, first as defensive coordinator and now even with its perfect record and im- it is so ordered. as the head coach. pressive schedule, the University of f The Utes have been lead on the field Utah finished the season ranked second by quarterback Brian Johnson. He in the country. Florida, the team that CONGRATULATING THE capped an outstanding college career won the so-called BCS Championship UNIVERSITY OF UTAH this past season by winning the Moun- Game, had a very good year. But un- Mr. HATCH. Mr. President, I rise tain West Conference’s Offensive Play- like Utah, they were not undefeated; today to speak about the recent college er of the Year Award. He was also a fi- they had one loss, as did at least three football season and the success enjoyed nalist for numerous national quarter- other teams in the country. Yet under by our own University of Utah football back awards. Brian’s story is actually the BCS system, this unbeaten Utah team. a very inspirational one. Late in the team was denied an opportunity to First, I want to mention that a while 2005 season, he suffered what is, in even play for the national champion- back, during last week’s festivities, I many cases, a career-ending injury ship. One has to wonder what more had the opportunity to meet with when he tore his ACL. This injury Utah could have done with its season members of the University of Utah forced him to sit out the entire 2006 in order to get into the national cham- Marching Band as they were in town to season. Then, in the first game of the pionship game. It is interesting that march and perform in the inauguration 2007 season, he was injured again and the former Utah coach under whom parade. missed two more games. But he was Coach Whittingham served, Urban I want to publicly recognize the able to finish the season, leading the Meyer, had a championship team. We members of the Church of Jesus Christ Utes to a winning record and an im- all admired him. He was a great coach of Latter Day Saints in Ashburn, VA, pressive victory over Navy in the Poin- at Utah and one of the greatest coaches who offered their homes to these musi- settia Bowl. He returned for his senior in America today. Unfortunately, the cians and the band, allowing them the season, fully healed and ready to take answer to this question is even more once-in-a-lifetime opportunity to per- the team on his shoulders for what disheartening than the question itself: form for the President of the United proved to be a historic season. nothing. The fact of the matter is that States of America. The band would not One of the most popular members of the Utah team was left out of the na- have been able to make it to Wash- the Ute squad has been kicker and tional championship picture, not due ington had it not been for the gen- punter Louie Sakoda who, in each of to any competitive shortcoming, but erosity of these private citizens who the last three seasons, was the Moun- because the BCS system categorically housed them and took care of them and tain West Special Teams Player of the excluded them from consideration. fed them. I appreciate their willingness Year and named to several All-America Under the BCS, the champions of six to help some of my follow Utahns. teams. Nicknamed ‘‘King Louie,’’ this athletic conferences receive automatic My meeting with the band out in 5-foot-9, 178-pound team captain is bids to play in the five most lucrative Ashburn reminded me of what a won- something of a celebrity in Salt Lake and prestigious bowl games. Collec- derful year it has been for sports fans City. Last year, he offered himself as a tively, those six conferences include 66 in my State. I wish to once again pub- date for a campus charity auction and of the 119 teams in NCAA Division I licly extend my congratulations to the drew the highest bid of any item on football. So, in short, nearly half of all Utah Utes on an outstanding season. sale—though NCAA restrictions kept college football teams begin the season On January 2, the Utes capped an him from actually going on the date. virtually left out of the BCS picture, undefeated season with a 31-to-17 vic- His parents, according to news stories, yet the BCS still wants to call the win- tory in the Sugar Bowl over a highly can join any pregame party in the ner of its championship game the ‘‘na- favored Alabama team. Under the scru- parking lot outside Rice Eccles Sta- tional champion.’’ I don’t know about tiny of the national spotlight, Utah dium if they just mention their son’s you, Mr. President, but that strikes me played with poise and precision, silenc- name. He has also lent his celebrity to as odd. ing the naysayers who claimed they an ad campaign started by Utah First Of course, it needs to be acknowl- could not compete with a national pow- Lady Mary Kaye Huntsman aimed at edged that teams from non-BCS con- erhouse such as Alabama. combating teenage drinking and driv- ferences can play their way into a BCS Alabama had been rated No. 1 much ing. Louie can be seen in TV commer- game. The University of Utah did so of the season. This was Utah’s second cials in Utah urging teens and anyone both this year and in 2004. In other undefeated season in 5 years, dem- who’s been drinking to ‘‘punt the years, teams from Boise State and Ha- onstrating that school’s football team keys.’’ waii have earned bids to play BCS bowl deserves to be considered among the Indeed, the entire University of Utah games. But in doing so, these teams country’s elite college football pro- football team has become the toast of had to overcome serious competitive grams. every town in my State—even among disadvantages. For example, it is vir- In particular, I want to congratulate those who typically root for the Utah’s tually impossible for a school from a Coach Kyle Whittingham, who, on Jan- other fine football programs. They non-BCS conference to get a BCS bid uary 13, was named National Coach of have also become one of the most without going undefeated in the reg- the Year by the American Football talked about teams in college football ular season, and even that is not a Coaches Association. What an honor. nationwide. guarantee. Yet this past season, each

VerDate Nov 24 2008 00:58 Jan 31, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G30JA6.020 S30JAPT1 rfrederick on PROD1PC67 with SENATE S1118 CONGRESSIONAL RECORD — SENATE January 30, 2009 of the six BCS conference champions not intentionally stifle competition or I yield the floor. had at least one regular season loss— systemically favor specified competi- The PRESIDING OFFICER. The Sen- three of them had two or more. Two tors. Specifically, in the words the ator from Rhode Island. non-BCS teams—Utah and Boise Sherman Antitrust Act, no ‘‘contract, Mr. WHITEHOUSE. Mr. President, State—were undefeated after the 2008 combination, or conspiracy’’ may be let me say, first, what a pleasure it is regular season. In addition, Texas undertaken to exclude competitors. to hear the distinguished Senator from Christian University, another non-BCS In my opinion, it is quite probable Utah speak about his beautiful State team, had only one loss and was higher that the BCS violates the Sherman re- and his beloved Utes. in the BCS rankings than two of the quirements. In 2003, I chaired a series f conference champions with automatic of Judiciary Committee hearings to in- berths. Yet of these three teams, only vestigate the antitrust implications of EXECUTIVE COMPENSATION AND Utah was invited to play in a BCS the BCS. I stated at that time that I THE BAILOUTS believed the BCS was anticompetitive game. Mr. WHITEHOUSE. Thank you, Mr. These are the disadvantages non-BCS and in dire need of reform. Shortly thereafter, the BCS added another bowl President. I have a different topic teams must face just to get into one of today. This speech is about a stove, a five prestigious BCS bowl games. While game and, to some extent, expanded the field of eligibility. However, as this jet, and $40 billion. mere participation is an uphill battle, The stove belonged to Margarita the system makes it virtually impos- past season demonstrates, these changes leave much to be desired in Fuentes, and a local deputy sheriff in sible for a non-BCS team to win the na- Florida repossessed it for the finance tional championship. The BCS relies on terms of fairness and competition. Utah Attorney General Mark Shurtleff company. The case went all the way to a combination of polls and computer the Supreme Court, and became the fa- formulas to determine its rankings. shares this view and is consulting with lawyers and investigators to determine mous case of Fuentes v. Shevin, which For decades, these polls have almost every first year law student has to invariably tended to favor teams from whether the BCS system constitutes an antitrust violation. Indeed, it appears read. the bigger BCS conferences, evidenced The court held that you couldn’t by the fact that no team from an out- that litigation over this matter may be on the horizon. Also, on at least two take away Ms. Fuentes’ stove, not side conference has finished a season separate occasions, President Obama without giving her a hearing; that she atop a major college football poll since has publicly stated his concern about had a constitutional right to a hearing. 1984. So unless a team from a non-BCS the fairness of the BCS and his hope to The court stated: conference begins the season with a see the creation of a playoff system. [T]he constitutional right to be heard is a very high national ranking in the polls, Therefore, it is not unreasonable to basic aspect of the duty of government to they stand virtually no chance of get- predict that a Justice Department in- follow a fair process of decision-making ting ranked high enough to play in the vestigation into the potential antitrust when it acts to deprive a person of his pos- championship game, even if they go violations of BCS will be forthcoming. sessions. undefeated. This system excludes Mr. President, I would prefer that re- Important rule: The finance company teams like this year’s Utah team, forms take place without putting the may well have been right about the which began the season unranked and matter before the courts. In addition, stove, but the sheriff still cannot take spent the season shocking opponents given the many problems facing our property without due process. and exceeding expectations, from na- nation, I hope that the Justice Depart- That is the stove. Now the jet. tional championship contention. ment will not have to get involved in Citigroup has received billions and The flaws of the BCS system might this issue. And while some have pro- billions in Federal funds—$45 billion in not be so bad if it helped to clear what posed a legislative fix, this also would preferred stock purchases alone—to traditionally had been a muddled na- not be my preferred solution, though prevent Citigroup from failing. What tional championship picture. But un- ultimately, this may end up being the did they do? Bought a $50 million fortunately, that is not the case. In at only effective means of addressing French-made luxury private jet. least 6 out of the last 10 years, there these problems. Instead, I would hope It took the new Secretary of the has been substantial controversy over that those with the power to change or Treasury to personally talk them out the selection of the teams to play for eliminate the BCS, including NCAA of it, with a helpful push from our col- the championship. So the system is not President Myles Brand as well as the league, Senator LEVIN. And that’s not only biased, but ineffective as well. university presidents and the con- all. Here’s how Maureen Dowd reports Mr. President, the BCS system is ference commissioners in the BCS con- they spent the money on executive of- anti-competitive, unfair, and, in my ferences, will hear the public outcry fice furnishings at Merrill Lynch, just opinion, un-American. I am not just against the BCS and voluntarily work bought by Citigroup: saying that because my team was to reform the system to ensure that, as treated unfairly. I am making the case . . . big-ticket items included curtains for in every other American sport, cham- $28,000, a pair of chairs for $87,000, fabric for that many teams are not treated fair- pionships are decided on the field and a ‘‘Roman Shade’’ for $11,000, Regency chairs ly. In no other sport in this country are not in arbitrary polls and computer for $24,000, six wall sconces for $2,700, a champions selected by arbitrary and calculations. While a playoff seems $13,000 chandelier in the private dining room biased polls and computer ranking sys- like the most natural solution, other and six dining chairs for $37,000, a ‘‘custom tems. Much worse, the BCS ensures means may be available. coffee table’’ for $16,000, an antique commode that the millions of dollars paid to the That said, I want to say that I be- ‘‘on legs’’ for $35,000, and a $1,400 ‘‘parchment participants of these prestigious games lieve the University of Utah football waste can.’’ remain concentrated among a few team are champions in the truest sense A lot of executive compensation goes elitist conferences. Such exclusionary of the word. They won on the field to the same executives who led their practices put teams from non-BCS con- against worthy competition in a year companies into this mess, while reap- ferences at a monetary, recruiting and when literally everyone else proved un- ing vast sums. competitive disadvantage. This may able to do so. Once again, I want to For example, Wells Fargo, which re- not only be unfair in the normative congratulate University President Mi- ceived $25 billion in bailout money, is sense, it may very well violate our na- chael Young, Coach Whittingham and planning layoffs but is keeping its CEO tion’s antitrust laws. every member of the team for what and chairman who were paid $12.5 mil- In 1984, in NCAA v. Board of Regents proved to be an exhilarating and tre- lion and nearly $23 million in 2007, re- of the University of Oklahoma, the Su- mendous season. I also congratulate spectively. preme Court determined that NCAA is other teams that qualified for bowl JP Morgan received $25 billion in not exempt from the requirements of games who were winners and deserve bailout money, but is keeping its CEO the Sherman Antitrust Act. That being certainly the plaudits of all of us. who was paid $28 million in 2007. the case, college football, like most I hope this helps to bring this matter Capital One bought and closed other industries in this country, must to a head. I hope we can change this GreenPoint mortgage—1,900 layoffs, conduct business in a manner that does system that is an unjust system. 1,900 families where someone lost a

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