athletic association and member institution shall each appoint one arbitrator of their respective choosing. The third arbitrator shall be appointed in agreement by the two arbitrators appointed by each party. (6) The covered athletic association shall conduct its enforcement proceedings and investigations in a fair and consistent manner, 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 infractions. (7) 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 (3). The member institution shall have discretionary authority to disclose any information relating to an ongoing investigation, and no information relating to an ongoing investigation shall be subject to any disclosure requirement under State law. (b) Report A covered athletic association shall submit an annual report to the Attorney General summarizing its enforcement proceedings, investigations, and issuance of punishments to member organizations under this Act over the preceding year. A covered athletic association shall submit an annual report to each State Attorney General (and the Attorney General for the District of Columbia) summarizing its enforcement proceedings, investigations, and issuance of punishments to member institutions headquartered in the State. Section 552 of title 5, United States Code, and any similar provision of State law does not apply to such report. 3. 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 Act. Additionally, nothing herein shall be deemed to grant to the covered athletic association or any member institution any rights against a person or individual which it does not otherwise have. 4. Enforcement (a) Procedures The