,,ii #aahth ,,congress #b;d ,session ,s4 #cgci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f1 #bjbd,mrs4 ,blackburn 7for herself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish due process requirements for the investigation of intercollegiate athletics1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ncaa ,accountability ,act of #bjbd4 #b4 ,due process requirements 7a7 ,in general ,each covered athletic association shall establish and administer due process requirements for the investigation of any member institution1 student athlete enrolled in such member institution1 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 investigation1 consistent with the following3 7#a7 ,if the covered athletic association initiates an investigation into a member institution1 the covered athletic association shall provide written notice to the member institution detailing the nature of the inquiry by not later than #fj days after the covered athletic association receives information indicating that a bylaw violation may have occurred1 and that the covered athletic association has determined that an investigation is warranted4 ,the notice shall include1 to the extent such information is available1 the following3 7,a7 ,each program under investigation4 7,b7 ,all persons under investigation4 7,c7 ,the specific alleged violations under investigation4 7,d7 ,each date or time period an alleged violation may have occurred4 7,e7 ,the rights and resources available to the accused4 7#b7 ,the notice under paragraph 7#a77;,c7 shall be limited to possible violations occurring not earlier than #b years before the date the notice is provided to the member institution4 ,the covered athletic association shall thereafter promptly notify the member institution of any other relevant information discovered in the course of the investigation4 7#c7 ,prior to commencing any enforcement proceeding1 the covered athletic association shall provide the member institution with a notice of allegations not later than #h months after the notice of inquiry is received under paragraph 7#a71 which shall include the following3 7,a7 ,details about each allegation4 7,b7 ,the potential penalties for each allegation4 7,c7 ,the information and factors the covered athletic association considered in its determination to file charges4 7,d7 ,the rights and resources available to the member institution and involved individuals4 7#d7 ,not earlier than #fj days after the notice of allegations is received1 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 requirements3 7,a7 ,the hearing shall commence not later than #a year after the notice is provided under paragraph 7#a74 7,b7 ,no information from confidential sources may be offered into evidence or form the basis for any decision4 7#e7 ,in the event that there is any dispute regarding the covered athletic association's punishment of a member institution1 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 ,states1 which will provide an independent review and binding decision4 ,the arbitration shall be conducted by a three-person panel4 ,the covered athletic association and member institution shall each appoint one arbitrator of their respective choosing4 ,the third arbitrator shall be appointed in agreement by the two arbitrators appointed by each party4 7#f7 ,the covered athletic association shall conduct its enforcement proceedings and investigations in a fair and consistent manner1 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 infractions4 7#g7 ,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 7#c74 ,the member institution shall have discretionary authority to disclose any information relating to an ongoing investigation1 and no information relating to an ongoing investigation shall be subject to any disclosure requirement under ,state law4 7b7 ,report ,a covered athletic association shall submit an annual report to the ,attorney ,general summarizing its enforcement proceedings1 investigations1 and issuance of punishments to member organizations under this ,act over the preceding year4 ,a covered athletic association shall submit an annual report to each ,state ,attorney ,general 7and the ,attorney ,general for the ,district of ,columbia7 summarizing its enforcement proceedings1 investigations1 and issuance of punishments to member institutions headquartered in the ,state4 #c4 ,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 ,act4 #d4 ,enforcement 7a7 ,procedures ,the ,attorney ,general shall establish procedures-- 7#a7 for individuals and entities to file written1 signed complaints respecting potential violations of this ,act by a covered athletic association or any person acting as an agent thereof2 7#b7 for the investigation of those complaints which have a substantial probability of validity2 7#c7 for the investigation of such other violations of this ,act as the ,attorney ,general determines to be appropriate2 and 7#d7 for the evaluation of a covered athletic association's annual report to determine compliance with this ,act4 7b7 ,investigations and hearings ,in conducting investigations and hearings pursuant to this section1 the following shall apply3 7#a7 ,any hearing so requested shall be conducted before an administrative law judge of the ,department of ,justice determined by the ,attorney ,general4 ,the hearing shall be conducted in accordance with the requirements of section #eed of title #e1 ,united ,states ,code4 ,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 occurred4 ,if no hearing is so requested1 the ,attorney ,general's imposition of the order shall constitute a final and unappealable order4 7#b7 ,officers and employees of the ,department of ,justice 7including the administrative law judges referred to in paragraph 7#a77 shall have reasonable access to examine evidence of any person or covered athletic association being investigated4 7#c7 ,if the administrative law judge determines1 upon the preponderance of the evidence received1 that a person or covered athletic association named in the complaint has violated the statute1 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 follows3 7,a7 ,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 #aj1jjj and not more than #ae1jjj1jjj4 7,b7 ,in determining the amount of the penalty1 due consideration shall be given to the good faith of the covered athletic association or person1 the seriousness of the violation1 and the history of previous violations4 7,c7 ,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 violation4 7#d7 ,the ,attorney ,general may1 not earlier than #cj days after providing notice thereof to the person or covered athletic association1 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 association4 ,the administrative law judge may impose a civil penalty for any violation determined to have occurred4 7#e7 ,administrative law judges may1 if necessary1 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 ,general1 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 thereof4 7#f7 ,the decision and order of an administrative law judge shall become the final agency decision and order of the ,attorney ,general unless1 within #cj days after the administrative law judge issues such order1 the ,attorney ,general modifies or vacates the decision and order1 in which case the decision and order of the ,attorney ,general shall become a final order under this subsection4 7#g7 ,a person or covered athletic association adversely affected by a final order 7including an order for assessment of a civil penalty7 under this section may1 within #de days after the date the final order is issued1 file a petition in the ,court of ,appeals for the appropriate circuit for review of the order4 #e4 ,definitions ,in this ,act3 7#a7 ,covered athletic association ,the term covered athletic association means an interstate athletic association1 conference1 or other organization with authority over intercollegiate athletics or that administers intercollegiate athletics1 with at least #ijj member institutions4 7#b7 ,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 association4 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term college or university in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc74 #f4 ,effective date ,a covered athletic association shall carry out the requirements of this ,act by not later than #a year after the date of enactment of this ,act4