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WASHINGTON – A bipartisan bill aimed at calming college athletics’ chaotic name, image and likeness era easily cleared a second procedural hurdle Thursday as several senators who opposed taking it up said they likely are out of trick plays and timeouts.
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The measure passed the latest floor test, to begin debate, 77-22, moving it one step closer to a final vote for which timing will depend on a not-yet-determined amendment approach. It came after handful of senators who earlier this week voted against teeing up the “Protect College Sports Act” said they expect the full chamber to approve it and send it to the House as soon as next week. Those senators said they would continue talking to its authors, but expressed low hopes to secure big changes.
And several notably pointed to things in the legislation that they believe would improve the college sports landscape, potentially bolstering its proponents’ sales pitch.
California Democratic Sen. Adam B. Schiff said Wednesday he would like to secure changes on several topics. But he said the bill’s authors likely would feel little need to negotiate major changes after an initial procedural votes garnered “yes” votes from 74 of the chamber’s 100 members.
“I have concerns about a number of provisions in the bill – [NCAA] antitrust provisions, the lack of collective bargaining. It seems like a very good deal for the owners and the coaches,” he said. “Not as good for the athletes.
“I think I could get to ‘yes’ on it if we had the opportunity to make more changes – but they may have the votes they need,” Schiff added, referring to the bill’s primary authors, Senate Commerce Committee Chair Ted Cruz, R-Texas; ranking member Maria Cantwell, D-Wash.; and member Eric Schmitt, R-Mo. “So I don’t know that they’re going to be in a mood to negotiate at all.”
In a Tuesday video after that first floor vote, Cruz said two senators who were absent from the Tuesday vote had told him they would have voted “yes” on taking up the measure, running the final tally in favor to 76. Those were Democratic Sens. Jacky Rosen of Nevada and Chris Coons of Delaware; Coons also was a co-author of the “Protect” bill.
Sen. Tim Kaine, a Virginia Democrat who also voted against getting on with the bill, said Wednesday he still had concerns and was talking with other Democratic skeptics about next moves, if any.
Kaine said he opposes the legislation’s cap on athlete compensation and lack of similar language aimed at networks like ESPN and betting outfits such as DraftKings. Those kinds of companies, he said, “are making billions off these players.”
But he, too, said the math did not appear on the side of the bill’s opponents.
“I’m working with some other senators who are talking about amendment strategy, but I don’t know” what that group could practically achieve, Kaine said.
Maryland Democratic Sen. Chris Van Hollen also voted against taking up the bill on the floor, but an aide signaled in a late Wednesday email that he also had concluded there was little opponents could do.
“Sen. Van Hollen has numerous concerns with this bill – including its attempt to limit earning potentials for student-athletes, while the coaches and colleges executives have no such limitations,” the aide wrote. “That, among other issues with the legislation, are unlikely to be addressed before the bill goes up for a vote.”
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With the measure appearing headed for passage before the Senate adjourns until after the Nov. 3 midterm elections, Schiff and Kaine notably talked up parts of the legislation they support.
“There are a lot of things I like in the bill, including addressing the problems with the transfer portal and some of the abuses by the agents,” Schiff said. “So there are parts of it I really like.”
Kaine said that “as written, I’m not going to be a yes.” But he added: ” I like the restrictions on what agents can charge. I like some of the rules of making it harder for conferences to expand or implode. I like having a fixed number of years of eligibility and a limit of one transfer per player.”
Senate Judiciary Committee ranking member Richard J. Durbin on Wednesday said he would like to strengthen provisions to ensure “a day in court for the athletes.” But the Illinois Democrat responded “we’ll see” when asked if he thinks any big changes were possible on the floor.
Trump on ‘GameDay’?
Senate Majority Leader John Thune, R-S.D., on Wednesday left open the possibility that he could fill the “amendment tree,” a tactic available to the majority as a way to both speed final passage and control the substance of proposed amendments. That likely would leave most or all Democratic opponents unable to offer their preferred amendments on the floor.
If the Senate approves the bipartisan bill in the coming days, it would move to the House, which is also scheduled to be out until after the midterms.
Some senators and lobbyists involved in the bill’s crafting had said it could face a much tougher path in that chamber. But Speaker Mike Johnson on Wednesday reportedly told reporters at the Capitol that, if the Senate sends it over, he would push his GOP members to pass it.
That would tee up the measure for President Donald Trump’s signature. He has publicly backed the legislation several times.
Cruz has on multiple occasions floated the idea of the president signing the bill on a future episode of ESPN’s popular Saturday morning “College GameDay” pregame show.
The White House press office had not responded to an email inquiry asking if the president would prefer to sign it on the ESPN program.
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Savannah Behrmann contributed to this report.
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This story was originally published September 17, 2026 at 1:41 PM.