First, Congress may not be able to come up with a solution to address all/most of the issues involved here. Second, even if Congress does decide to act, it cannot force schools to remain in the NCAA. Remember the NCAA isn't the only intercollegiate athletic association for 4-year schools. If the NAIA exists, then there is nothing to prevent the schools from creating a third intercollegiate athletic association. If the P2s and whatever other schools opt to form their own association or even their own division level within the NCAA, then they are still "limiting options for athletes to compete at the highest level" because not every school will not be allowed to participate. If you think about it, then you will realize the phrase "compete at the highest level" was born as a marketing phrase to help the networks promote their broadcasts. It may be a fallacy to view collegiate athletics the same way people view professional baseball with a tier system. Instead, college athletics may need to be viewed similar to HS athletics where each division is independent of each other. Just because VHSL has 6 divisions, it doesn't automatically make 6A the "highest level." For some regions of the commonwealth the "highest level" is A, AA, AAA, or even 4A. Given there is a wide range in budgets among the schools and varying costs associated with each NCAA division, it may be time to conclude the 3 NCAA divisions is an outdated concept. Instead, it may be time for the NCAA to increase the number of NCAA divisions to 4, 5, or 6 so the members of each group have more things in common than they do now. Also, it may be time either eliminate movement between NCAA divisions (notice I didn't include the word "level") or substantly increase the difficulty to move between NCAA divisions. It isn't good to have schools make the move to DI because they are chasing after the money when they may not be in the position to handle the cost associated with the move. Also, it may be time to eliminate the subdivisions for DI football. Regardless whether the NCAA called the subdivisions DI-A/DI-AA or DI-FBS/DI-FCS, people ignorantly called the DI-AA/DI-FCS subdivision "DII" for some odd reason even though DII already existed as a separate NCAA division.