H.R.3976 - NCAA Accountability Act of 2025 (119th Congress)
Summary
H.R.3976, the NCAA Accountability Act of 2025, aims to establish due process requirements for investigations conducted by covered athletic associations (like the NCAA) into member institutions, student-athletes, or other individuals. The bill mandates written notice of inquiry within 60 days of receiving information about a potential bylaw violation. It also sets timelines for investigations, requires notice of allegations, and provides for arbitration in case of disputes.
Expected Effects
The bill would likely change how the NCAA and similar organizations conduct investigations, providing more transparency and due process protections for those under investigation. It could lead to more consistent and equitable penalties for bylaw infractions. The Attorney General would have enforcement power, potentially increasing federal oversight of intercollegiate athletics.
Potential Benefits
- Increased Transparency: Requires written notice and detailed information about investigations.
- Due Process Protections: Establishes timelines and hearing requirements.
- Independent Review: Provides for arbitration in case of disputes.
- Equitable Penalties: Mandates that penalties be equitable and consistent.
- Limits on Investigation Scope: Restricts investigations to violations occurring within two years of the notice.
Potential Disadvantages
- Potential for Increased Litigation: The arbitration clause could lead to more legal challenges.
- Delayed Investigations: The mandated timelines could slow down investigations.
- Reduced Flexibility for NCAA: The bill could limit the NCAA's ability to respond quickly to violations.
- Federal Overreach Concerns: Some may argue that this represents an unnecessary intrusion of the federal government into collegiate athletics.
- Cost Implications: Institutions may incur additional costs to comply with the new requirements.
Constitutional Alignment
The bill's focus on due process aligns with the Fifth and Fourteenth Amendments, which guarantee due process and equal protection under the law. By establishing procedural requirements for investigations and providing for arbitration, the bill seeks to ensure fairness and prevent arbitrary actions by covered athletic associations. The Commerce Clause (Article I, Section 8) could be invoked to justify federal regulation of interstate athletic associations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).