[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[House]
[Page H6074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       NCAA SHOULD BE ACCOUNTABLE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Tennessee (Mr. Kustoff) for 5 minutes.
  Mr. KUSTOFF. Mr. Speaker, today I rise to speak about something that 
plays a special role in American life, and that is college athletics.
  College sports is ingrained in our culture, and its impact is far-
reaching on student-athletes, alumni, and their fans.
  For decades, college athletics have been governed by the National 
Collegiate Athletic Association, more commonly known as the NCAA. The 
NCAA has tremendous power, really omnipotent power over college 
athletics. The NCAA decides the rules of play, who gets to play, and 
who gets the revenue.
  Now, the NCAA investigates and penalizes any school, coach, or 
student-athlete that it claims infringes on its rules. This is what the 
NCAA calls the infractions process.
  Let's be clear. The NCAA infraction process is systemically and 
fundamentally flawed. The NCAA's rules are vague, constantly changing, 
and irregularly enforced. The NCAA's investigations lack transparency 
and established procedures and are performed while universities are 
often kept in the dark.
  Fundamentally, there is no due process for member schools nor for 
their students. The NCAA investigations can last years, and they cost 
universities millions of dollars in legal fees and other expenses.
  Finally, the NCAA punishes universities and student-athletes with no 
consistency and no predictability. The NCAA may decide to punish one 
school but not another.
  Without a doubt, the NCAA acts with little regard for fairness, due 
process, or transparency. Through its monopolistic power and lack of 
oversight, the NCAA has caused irreparable damage to athletic 
departments, to colleges, and to universities across the Nation.
  That is why today I am introducing the NCAA Accountability Act with 
my colleagues, Representatives Burgess Owens and Josh Harder.
  This bipartisan legislation will establish due process protections 
for any athlete, university, or individual going through the NCAA 
infraction process. These protections include fair notice on 
enforcement proceedings, a defined statute of limitations, and a 
deadline for the completion of investigations.
  The NCAA Accountability Act also includes mechanisms to ensure that 
NCAA sanctions are equitable and fit the alleged infraction.

  Universities will have the right to resolve punishment disputes with 
the NCAA through binding arbitration. This will bring an independent, 
unbiased voice into the process to ensure that an equitable outcome is 
obtained.
  If the NCAA fails to comply with these obligations, the Department of 
Justice will have the authority to fine the NCAA and its staff, and the 
Department of Justice will have the power to permanently remove any 
member from the NCAA Board of Governors.
  For our universities and our student-athletes, it is vital that 
Congress end the NCAA's long reign as prosecutor, judge, jury, and 
executioner over college athletics.
  I urge my colleagues to support this important, bipartisan 
legislation that will finally hold the NCAA accountable.

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