119-s955

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 955 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 955

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 11 (legislative day, March 10), 2025

 Mrs. Blackburn (for herself and Mr. Booker) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
 Science, and Transportation

_______________________________________________________________________

 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 2025''.

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 initiates an 
 investigation 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.
            (D) Each date or time period an alleged violation 
 may have occurred.
        (E) The rights and resources available to the 
 accused.

    (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 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.

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.

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 a 
 substantial probability of 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 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.

    (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 (including an order for assessment of 
 a civil penalty) 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 ``college'' or ``university'' in 

section 1404 of the 
 National Agricultural Research, Extension, and Teaching Policy 
 Act of 1977 (7 U.S.C. 3103).

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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