I 
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) intro-
duced the following bill; which was referred to the Committee on Edu-
cation 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 Representa-
tives 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 indi-
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vidual for any alleged infraction of the covered athletic as-
sociation’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 fol-
lowing: 
(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 in-
clude, 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. 
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(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 asso-
ciation shall thereafter promptly notify the member 
institution of any other relevant information discov-
ered in the course of the investigation. 
(3) Prior to commencing any enforcement pro-
ceeding, 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 allega-
tion. 
(C) The information including any sup-
porting evidence relief on to form the basis of 
the allegations’’ between ‘‘information and fac-
tors the covered athletic association considered 
in its determination to file charges. 
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(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 be-
fore 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 re-
garding the covered athletic association’s punish-
ment of a member institution, the member institu-
tion may compel entry into arbitration conducted in 
accordance with the standard commercial arbitration 
rules of an established major national provider of ar-
bitration 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 asso-
ciation and member institution shall each appoint 
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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 con-
duct its enforcement proceedings and investigations 
in a fair and consistent manner, and the penalties 
issued against member institutions for bylaw infrac-
tions 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 investiga-
tion 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 informa-
tion 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 summa-
rizing its enforcement proceedings, investigations, and 
issuance of punishments to member organizations under 
this Act over the preceding year. A covered athletic asso-
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ciation shall submit an annual report to each State Attor-
ney General (and the Attorney General for the District 
of Columbia) summarizing its enforcement proceedings, 
investigations, and issuance of punishments to member in-
stitutions 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 institu-
tion in the covered athletic association may not be im-
paired 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 institu-
tion any rights against a person or individual which it does 
not otherwise have. 
SEC. 4. ENFORCEMENT. 
(a) PROCEDURES.—The Attorney General shall es-
tablish procedures— 
(1) for individuals and entities to file written, 
signed complaints respecting potential violations of 
this Act by a covered athletic association or any per-
son acting as an agent thereof; 
(2) for the investigation of those complaints 
which have probable validity; 
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(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 asso-
ciation’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 Depart-
ment 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 near-
est 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 
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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 admin-
istrative 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 pen-
alty, 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 consid-
eration for the good faith of the covered athletic 
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association or person, the seriousness of the vio-
lation, 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 Depart-
ment 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 appro-
priate 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 deci-
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sion 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 ad-
versely 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 inter-
state athletic association, conference, or other orga-
nization with authority over intercollegiate athletics 
or that administers intercollegiate athletics, with at 
least 900 member institutions. 
(2) MEMBER INSTITUTION.—The term ‘‘mem-
ber institution’’ means an institution of higher edu-
cation that maintains at least one intercollegiate 
athletic program that is a member of a covered ath-
letic 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)). 
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SEC. 6. EFFECTIVE DATE. 
A covered athletic association shall carry out the re-
quirements of this Act by not later than 1 year after the 
date of enactment of this Act. 
Æ 
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