H.R. 3976

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3976 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3976

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 12, 2025

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