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To interested parties:

College athletics is an integral part of American life. It provides educational opportunities to over half a million student-athletes annually. It brings together the best athletes in their respective sports from around the country and unites American communities. It offers students who will participate in a myriad of professions an opportunity to compete and learn leadership skills. It bridges differences and creates a shared identity among players, students, and fans unlike anything else in American life.

Yet the rules governing college athletics are in flux. Policymakers must promote the well-being of, and preserve opportunity for, student-athletes of all sports and levels of competition. As Chair of the Health, Education, Labor, and Pensions Committee, setting up student-athletes for success is a priority. Accordingly, I request feedback on the topics and questions below. 

Please submit any responses to opportunitiesforathletes@help.senate.gov by April 10, 2026.

Compensation and benefits

  • Where is the balance between providing student-athletes with opportunities to earn compensation and preserve opportunities for student-athletes at all levels of competition?
  • Is the current “Name, Image, and Likeness” system working for today's student-athletes and schools? 
  • Should federally provided student aid be offset by alternative guaranteed revenue sources such as NIL in order to preserve resources for students who need them?
  • How does revenue sharing under the House Settlement affect schools’ ability to comply with Title IX requirements? 
  • How would the taxation of scholarships and other compensation, including education-related and non-education-related benefits, as income affect college sports, particularly the recruitment and retention of athletes of all income levels? 
  • How are revenue-sharing payments working for today’s student-athletes and schools? To what degree does revenue sharing reach all students playing the revenue sport? How would this arrangement be affected if students were classified as employees? 
  • Should revenue-sharing agreements following the House Settlement permit or require schools to deposit funds into portable benefits accounts, such as retirement or health savings accounts, that follow student-athletes during competition and after they leave college? 
  • What challenges do student-athletes face when filing taxes on NIL payments and revenue-sharing payments? Is current federal and state tax guidance sufficient?

Protecting paid student-athletes

  • What health and retirement benefits do student-athletes have access to in the traditional retirement system? 
  • How do student athletes typically receive information on retirement benefits?
  • How are schools helping student athletes prepare for retirement? 
  • Should schools contribute to student-athletes' retirement savings? For example, should a portion of NIL revenue and direct payments to players be automatically dedicated to a tax-advantaged portable retirement account? 
  • Should financial literacy education become mandatory for all student-athletes? 
  • To what extent do student-athletes encounter unclear or un-enforceable contracts? Should there be a standard contract to protect student-athletes from unscrupulous agents? 

Eligibility and academic experience 

  • Given recent federal and state court cases challenging the NCAA’s authority, what power does the NCAA, or another governing body, still have to set eligibility limits?
  • What authority should college sports governing bodies have to set academic eligibility limits?
  • What authority should college sports governing bodies have to set limits on how many years a student-athlete may compete?
  • What authority should college sports governing bodies have to set limits on transferring and eligibility after transferring?
  • Do college sports governing bodies have the ability to restrict former professional athletes from returning to college athletics after competing professionally? To what extent should college sports governing bodies have this ability?

Student-athlete status

  • In what ways would classifying student-athletes as employees benefit the student-athletes? In what ways would classifying student-athletes as employees hurt student-athletes?
  • If schools were obligated to treat student-athletes as employees, how would that impact the number of scholarships or spots on teams available for schools to be able to offer prospective students?
  • If schools were obligated to treat student-athletes as employees, what would the impact be on non-revenue generating sports? What obstacles would schools encounter complying with Title IX requirements?
  • If student-athletes are designated as employees, who is their employer? 
  • If student-athletes were classified as employees and engaged in collective bargaining, what would be the appropriate bargaining unit? With which 'employer' would a bargaining unit bargain?
  • Should student-athletes be permitted to collectively bargain as non-employees? If so, over what terms of their participation should student-athletes be allowed to collectively bargain?