While leaders in college athletics continue to aspire for a national resolution addressing a variety of pressing issues like NIL and player eligibility, they might want to manage their expectations regarding a swift outcome.

A group of Democratic senators—including Sens. Maria Cantwell, Richard Blumenthal, and Cory Booker—asserted in a conference call that they will not back the SCORE Act, predicting its unlikely passage. “I can pretty well guarantee the SCORE Act ain’t going to make it through the United States Senate,” stated Blumenthal.

“The SCORE Act is really … not what we believe is best for the athlete. Let’s just put it that way,” remarked Cantwell. “It is not the solution for the athlete. You can say there are plenty of others who are benefiting; two major divisions and their commissioners are, as is the NCAA, and now evidently, private equity is too. But who isn’t? The athletes.”

Blumenthal, who represents Connecticut, emphasized that “nothing will pass if it remains completely partisan” ahead of the midterm elections in 2026. Both the NCAA and Power Four conferences have supported the SCORE Act (Student Compensation and Opportunity through Rights and Endorsements). Although it once gained traction, even advancing through a House committee, it still hasn’t been formally introduced for a House vote.

Earlier in the week, NCAA President Charlie Baker expressed optimism regarding the bill’s chances in the House, stating it has a “pretty good chance”.

Even if it manages to pass the House, it would require 60 votes to gain Senate approval. Currently, Republicans control both chambers but need seven Democratic senators to cross the aisle, a scenario viewed as doubtful by many.

Cantwell, Blumenthal, and Booker are promoting the SAFE Act (Student Athlete Fairness and Enforcement), which aims to amend the Sports Broadcasting Act, allowing college conferences to pool their broadcasting rights. This proposal has gained traction among donors like Cody Campbell, a billionaire supporter of Texas Tech, who has spent significant resources campaigning against the SCORE Act’s passage. However, pooling TV rights remains off the table for powerful conferences like the Big Ten and SEC.

Blumenthal recently expressed that while the SAFE Act’s passage is “possible but difficult”, it will encounter significant hurdles within the Senate Commerce committee. Cantwell, as the ranking member, faces challenges with the committee’s chairman, Ted Cruz, who has shown no intent to advance the SAFE Act towards a Senate vote. Discussions between the two factions have so far yielded no productive outcomes.

“To be honest, we’ve had very little success with (Cruz), which is presumably why he is pushing the SCORE Act the way he is,” commented Blumenthal.

In addition to amending the Sports Broadcasting Act, the SAFE Act would ensure scholarships for athletes for ten years after their eligibility concludes, obligate five years of medical coverage post-eligibility, limit player agent fees to 5%, and restrict athletes to two transfers, among other stipulations. It has garnered support from various professional sports unions, with representatives from the NBAPA, NFLPA, and NSWLPA participating in the conference call.

The SCORE Act aims to solidify the terms established in the House settlement, prohibits turning athletes into employees, offers a national standard in place of the existing fragmented NIL laws, and includes a restricted antitrust exemption—a long-standing demand for the NCAA and others. This legislation enjoys strong backing from both the NCAA and major conferences, with recent SEC commercials promoting the SCORE Act.

Bipartisan agreement exists that action is necessary to rectify the multitude of problems collegiate sports are dealing with. The critical challenge rests in whether a sufficient middle ground can be reached on these divisive issues to enable the passage of a bipartisan bill. Given the current state, the path appears lengthy and fraught with obstacles.