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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5491 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5491

    To establish due process requirements for the investigation of 
           intercollegiate athletics, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2023

  Mr. Kustoff (for himself, Mr. Harder of California, and Mr. Owens) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
    To establish due process requirements for the investigation of 
           intercollegiate athletics, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NCAA Accountability Act of 2023''.

SEC. 2. DUE PROCESS REQUIREMENTS.

    (a) In General.--Each covered athletic association shall establish 
and administer due process requirements for the investigation of any 
member institution, student athlete enrolled in such member 
institution, or other individual for any alleged infraction of the 
covered athletic association's bylaws or failure to meet the conditions 
and obligations of membership if the matter cannot be resolved without 
a formal investigation, consistent with the following:
            (1) If the covered athletic association or any governing 
        body subordinate to the covered athletic association, initiates 
        an investigation whether formal or informal into a member 
        institution, the covered athletic association shall provide 
        written notice to the member institution detailing the nature 
        of the inquiry by not later than 60 days after the covered 
        athletic association receives information indicating that a 
        bylaw violation may have occurred, and that the covered 
        athletic association has determined that an investigation is 
        warranted. The notice shall include, to the extent such 
        information is available, the following:
                    (A) Each program under investigation.
                    (B) All persons under investigation.
                    (C) The specific alleged violations under 
                investigation including any sources relief on by the 
                covered athletics association, whether verbal or 
                written.
                    (D) Each date or time period an alleged violation 
                may have occurred.
                    (E) The rights and resources available to the 
                accused party or parties.
            (2) The notice under paragraph (1)(C) shall be limited to 
        possible violations occurring not earlier than 2 years before 
        the date the notice is provided to the member institution. The 
        covered athletic association shall thereafter promptly notify 
        the member institution of any other relevant information 
        discovered in the course of the investigation.
            (3) Prior to commencing any enforcement proceeding, the 
        covered athletic association shall provide the member 
        institution with a notice of allegations not later than 8 
        months after the notice of inquiry is received under paragraph 
        (1), which shall include the following:
                    (A) Details about each allegation.
                    (B) The potential penalties for each allegation.
                    (C) The information including any supporting 
                evidence relief on to form the basis of the 
                allegations'' between ``information and factors the 
                covered athletic association considered in its 
                determination to file charges.
                    (D) The rights and resources available to the 
                member institution and involved individuals.
            (4) Not earlier than 60 days after the notice of 
        allegations is received, there shall be a hearing before the 
        covered athletic association's infractions committee or body 
        with authorization to hear cases and prescribe punishments to 
        member institutions which shall conform to the following 
        requirements:
                    (A) The hearing shall commence not later than 1 
                year after the notice is provided under paragraph (1).
                    (B) No information from confidential sources may be 
                offered into evidence or form the basis for any 
                decision.
            (5) In the event that there is any dispute regarding the 
        covered athletic association's punishment of a member 
        institution, the member institution may compel entry into 
        arbitration conducted in accordance with the standard 
        commercial arbitration rules of an established major national 
        provider of arbitration and mediation services based in the 
        United States, which will provide an independent review and 
        binding decision. The arbitration shall be conducted by a 
        three-person panel. The covered athletic association and member 
        institution shall each appoint one arbitrator of their 
        respective choosing. The third arbitrator shall be appointed in 
        agreement by the two arbitrators appointed by each party.
            (6) The covered athletic association shall conduct its 
        enforcement proceedings and investigations in a fair and 
        consistent manner, and the penalties issued against member 
        institutions for bylaw infractions shall be equitable with 
        respect to severity of the infraction and the member 
        institution's history of infractions.
            (7) The covered athletic association shall not disclose 
        information relating to an ongoing investigation into a member 
        institution until formal charges are filed in the notice of 
        allegations submitted under paragraph (3). The member 
        institution shall have discretionary authority to disclose any 
        information relating to an ongoing investigation, and no 
        information relating to an ongoing investigation shall be 
        subject to any disclosure requirement under State law.
    (b) Report.--A covered athletic association shall submit an annual 
report to the Attorney General summarizing its enforcement proceedings, 
investigations, and issuance of punishments to member organizations 
under this Act over the preceding year. A covered athletic association 
shall submit an annual report to each State Attorney General (and the 
Attorney General for the District of Columbia) summarizing its 
enforcement proceedings, investigations, and issuance of punishments to 
member institutions headquartered in the State. Section 552 of title 5, 
United States Code, and any similar provision of State law does not 
apply to such report.

SEC. 3. LIMITATION.

    The privileges of membership of any member institution in the 
covered athletic association may not be impaired as a consequence of 
any rights granted under this Act. Additionally, nothing herein shall 
be deemed to grant to the covered athletic association or any member 
institution any rights against a person or individual which it does not 
otherwise have.

SEC. 4. ENFORCEMENT.

    (a) Procedures.--The Attorney General shall establish procedures--
            (1) for individuals and entities to file written, signed 
        complaints respecting potential violations of this Act by a 
        covered athletic association or any person acting as an agent 
        thereof;
            (2) for the investigation of those complaints which have 
        probable validity;
            (3) for the investigation of such other violations of this 
        Act as the Attorney General determines to be appropriate; and
            (4) for the evaluation of a covered athletic association's 
        annual report to determine compliance with this Act.
    (b) Investigations and Hearings.--In conducting investigations and 
hearings pursuant to this section, the following shall apply:
            (1) Any hearing so requested shall be conducted before an 
        administrative law judge of the Department of Justice 
        determined by the Attorney General. The hearing shall be 
        conducted in accordance with the requirements of section 554 of 
        title 5, United States Code. The hearing shall be held at the 
        nearest practicable place to the place where the person or 
        covered athletic association resides or of the place where the 
        alleged violation occurred. If no hearing is so requested, the 
        Attorney General's imposition of the order shall constitute a 
        final and unappealable order.
            (2) Officers and employees of the Department of Justice 
        (including the administrative law judges referred to in 
        paragraph (1)) shall have reasonable access to examine evidence 
        of any person or covered athletic association being 
        investigated.
            (3) If the administrative law judge determines, upon the 
        preponderance of the evidence received, that a person or 
        covered athletic association named in the complaint has 
        violated the statute, the administrative law judge shall state 
        his or her findings of fact and issue and cause to be served on 
        such person or covered athletic association an order as 
        follows:
                    (A) The administrative law judge shall order the 
                person or covered athletic association to cease and 
                desist from such violations and to pay a civil penalty 
                in an amount of not less than $10,000 and not more than 
                $15,000,000.
                    (B) In determining the amount of the penalty, due 
                consideration shall be given to the good faith of the 
                covered athletic association or person, the seriousness 
                of the violation, and the history of previous 
                violations.
                    (C) The administrative law judge may order the 
                permanent removal of any member of the covered athletic 
                association's governing body in the case of a 
                violation, with due consideration for the good faith of 
                the covered athletic association or person, the 
                seriousness of the violation, and the history of 
                previous violations.
            (4) The Attorney General may, not earlier than 30 days 
        after providing notice thereof to the person or covered 
        athletic association, commence a hearing before an 
        administrative law judge of the Department of Justice for any 
        alleged violation of this Act by that person or covered 
        athletic association. The administrative law judge may impose a 
        civil penalty for any violation determined to have occurred.
            (5) Administrative law judges may, if necessary, compel by 
        subpoena the attendance of witnesses and the production of 
        evidence at any designated place or hearing case of contumacy 
        or refusal to obey a subpoena lawfully issued under this 
        paragraph and upon application of the Attorney General, an 
        appropriate district court of the United States may issue an 
        order requiring compliance with such subpoena and any failure 
        to obey such order may be punished by such court as a contempt 
        thereof.
            (6) The decision and order of an administrative law judge 
        shall become the final agency decision and order of the 
        Attorney General unless, within 30 days after the 
        administrative law judge issues such order, the Attorney 
        General modifies or vacates the decision and order, in which 
        case the decision and order of the Attorney General shall 
        become a final order under this subsection.
            (7) A person or covered athletic association adversely 
        affected by a final order under this section may, within 45 
        days after the date the final order is issued, file a petition 
        in the Court of Appeals for the appropriate circuit for review 
        of the order.

SEC. 5. DEFINITIONS.

     In this Act:
            (1) Covered athletic association.--The term ``covered 
        athletic association'' means an interstate athletic 
        association, conference, or other organization with authority 
        over intercollegiate athletics or that administers 
        intercollegiate athletics, with at least 900 member 
        institutions.
            (2) Member institution.--The term ``member institution'' 
        means an institution of higher education that maintains at 
        least one intercollegiate athletic program that is a member of 
        a covered athletic association.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).

SEC. 6. EFFECTIVE DATE.

    A covered athletic association shall carry out the requirements of 
this Act by not later than 1 year after the date of enactment of this 
Act.
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