As Tennessee wages NIL fight, Senators reintroduce NCAA Accountability Act

U.S. Senators Marsha Blackburn (R-Tenn.) and Cory Booker (D-N.J.) re-introduced the NCAA Accountability Act in the wake of the NCAA launching an investigation into Tennessee athletics for multiple alleged potential NIL violations.

Tennessee and Virginia have responded by filing an antitrust lawsuit, arguing the NCAA does not have the right to put restrictions on compensating college athletes, specifically the ban on NIL in high school recruiting.

The 10-page bill would require the NCAA to complete any investigation no later than one year after it begins and authorizes the U.S. Department of Justice to order the removal of any member on the governing body’s board of governors.

“The NCAA’s history of backroom deliberations that produce unfair punishments for athletes, coaches, and universities has gone on long enough,” Sen. Blackburn said in a statement. “Student-athletes work their entire lives to compete on the college stage, and we must ensure that they are properly compensated for their talents, not bogged down with frustrating investigations with an organization that continues to move the goalposts.

“The NCAA Accountability Act brings much-needed consistency and transparency to the NCAA, ensuring that everyone is operating under the same set of expectations for rule violations.”

DOJ could fine NCAA up to $15 million

Blackburn and Booker first introduced the legislation in March 2022. Both have been outspoken in recent years about their contempt for the NCAA. Recent actions by college sports’ governing body preempted the reintroduction of the legislation.

The bill would prohibit the NCAA from using “confidential sources” as evidence for a decision. Member institutions would have the right to resolve disputes with the NCAA through arbitration with a three-person arbitration panel.

Similar to past drafts, the NCAA would be required to submit an annual report to the U.S. attorney general and each state attorney general that summarizes enforcement proceedings, investigations and issuances of punishments.

The Department of Justice would also have authorization to fine the NCAA between $10,000 and $15 million and order the removal of any member of the governing body.

“This legislation will increase fairness and transparency in the NCAA’s system for investigating potential rule violations,” Booker said. “It will ensure that college athletes and schools are given the clarity, consistency, and strong due process protections they deserve.”

What’s at stake with Tennessee lawsuit?

At its root, it’s an antitrust lawsuit arguing the body does not have the right to put restrictions on compensating college athletes.

Tennessee’s fight is not limited to the courtroom. Many prominent Tennessee politicians have vocally supported the Vols. Tennessee athletic director Danny White released a blistering statement last Thursday.

“The NCAA generally does not comment on infractions cases because there is a rule against it; however, that has not stopped them in the past from leaking information to the media as they did this week about us,” his letter, released on social media, stated.

“I refuse to allow the NCAA to irrationally use Tennessee as an example of their own agenda.”