HR3976-119

What This Bill Does

The NCAA Accountability Act creates federal due-process rules for very large intercollegiate athletic associations, conferences, or organizations with authority over college sports and at least 900 member institutions. When a formal investigation of a member institution, student athlete, or other individual cannot be resolved informally, the association must provide written notice of inquiry within 60 days after it receives information indicating a possible bylaw violation and decides an investigation is warranted. The notice must identify programs, persons, alleged violations, sources, dates or periods, and available rights or resources, and it is limited to possible violations from the prior two years. Before enforcement proceedings, the association must provide a notice of allegations within eight months, including details, potential penalties, and supporting information. The Act says membership privileges cannot be impaired because rights under the Act are used. DOJ must create complaint, investigation, and annual-report evaluation procedures. DOJ administrative law judges hold hearings under Administrative Procedure Act rules, DOJ personnel may examine evidence, and if a violation is proved by a preponderance of evidence the ALJ must order cease-and-desist relief and a civil penalty of at least $10,000 and up to $15,000,000 based on factors such as good faith and gravity. Covered associations get one year after enactment to carry out the requirements.

Who Benefits and How

Student athletes under investigation benefit from notice, evidence, hearing, and rights disclosures before association penalties. NCAA member institutions benefit from investigation timelines, two-year lookback limits, and protection against impaired membership privileges. College athletic programs benefit from clearer procedures when alleged bylaw violations trigger formal investigations. DOJ administrative law judges benefit from explicit hearing authority over covered association violations.

Who Bears the Burden and How

Covered athletic associations must redesign enforcement procedures, provide notices, disclose allegations, and file annual compliance reports. Association enforcement staff must meet 60-day and eight-month deadlines and provide source, date, rights, and penalty information. DOJ enforcement staff must receive complaints, investigate probable violations, evaluate annual reports, and examine evidence. Associations that violate the Act face cease-and-desist orders and civil penalties up to $15,000,000.

Key Provisions

• Requires due-process rules for covered athletic association investigations.
• Requires written notice of inquiry within 60 days and limits notices to possible violations from the prior two years.
• Requires notices of allegations within eight months before enforcement proceedings.
• Protects member institutions from impaired privileges for exercising Act rights.
• Creates DOJ complaint, investigation, hearing, evidence-access, and annual-report evaluation procedures.
• Authorizes cease-and-desist orders and civil penalties from $10,000 to $15,000,000.
• Requires covered associations to comply within one year.