No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10326 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10326
To amend title 36, United States Code, to reform certain proceedings
before the United States Center for SafeSport.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2024
Ms. Ross (for herself, Mr. Joyce of Ohio, Ms. Castor of Florida, and
Mr. Bacon) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 36, United States Code, to reform certain proceedings
before the United States Center for SafeSport.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Sports for Athletes Act of
2024''.
SEC. 2. OTHER AMATEUR SPORTS ORGANIZATIONS.
Section 220530(a)(3) of title 36, United States Code, is amended--
(1) by striking ``consistent training'' and inserting
``training developed under section 220541(a)''; and
(2) by inserting after ``regular contact with'' the
following: ``or authority over''.
SEC. 3. GRANT TO PROTECT YOUNG ATHLETES FROM ABUSE.
Section 220531 of title 36, United States Code, is amended--
(1) in subsection (b), to read as follows:
``(b) Applications.--To be eligible to receive a grant under this
section, a nonprofit nongovernmental entity shall submit a competitive
application to the Attorney General at such time, in such manner, and
containing such information as the Attorney General may require,
including information that demonstrates that the entity has--
``(1) nationally recognized expertise in preventing and
responding to emotional, physical, and sexual abuse in the
athletic programs of the United States Olympic and Paralympic
Committee and each national governing body;
``(2) expertise in prevention of abuse, public health
approaches, and trauma-informed approaches, and a demonstrated
history of supporting athlete-survivors of violence and abuse
in sport; and
``(3) the capacity to oversee regular and random audits to
ensure that the policies and procedures used by the United
States Olympic and Paralympic Committee and each national
governing body to prevent and identify the abuse of an amateur
athlete are followed correctly.'';
(2) in subsection (c)(1), by inserting after ``in youth
athletic programs'' the following: ``with the input and
collaboration of athlete survivors and organizations with
expertise with child athlete survivors of sexual violence at
all levels of sports''; and
(3) in subsection (d)(1), to read as follows:
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 or such sums as may be
necessary each of the fiscal years 2025 through 2030.''.
SEC. 4. ADDITIONAL MATTERS RELATING TO RESOLUTION OF COMPLAINTS OF
ABUSE.
Section 220541(a)(1) of title 36, United States Code, is amended--
(1) in subparagraph (E), to read as follows:
``(E) ensure that the mechanisms under subparagraph
(D)--
``(i) provide fair notice and an
opportunity to be heard and protect the privacy
and safety of complainants; and
``(ii) are published, including protocols
for investigations and decision-making;'';
(2) in subparagraph (G), by inserting ``or were'' before
``barred by the Center''; and
(3) in subparagraph (H), to read as follows:
``(H) ensure that any action taken by the Center
against an individual under the jurisdiction of the
Center, including an investigation, the imposition of
sanctions, and any other disciplinary action, is
carried out in a manner that provides the following
procedural process to the individual--
``(i) the provision of written notice of
the allegations against the individual;
``(ii) a right to be represented by counsel
or other advisor;
``(iii) an opportunity to be heard during
the investigation;
``(iv) in a case in which a violation is
found, a reasoned written decision by the
Center; and
``(v) the ability to challenge, in a
hearing or through an appeals process, interim
measures or sanctions imposed by the Center
that result in suspension or bars on
participation eligibility.''.
SEC. 5. LIMITATION ON REQUIREMENTS ON VICTIMS.
Section 220541(a)(2) of title 36, United States Code, is amended to
read as follows:
``(2) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) to preclude the Center from imposing interim
measures or sanctions on an individual before an
opportunity for a hearing;
``(B) to give rise to a claim under State law or to
create a private right of action;
``(C) to render the Center a state actor; or
``(D) to preclude the Center from pursuing
investigations and sanctions without testimony from
victims of sexual misconduct at its discretion.''.
SEC. 6. RESPONSE AND RESOLUTION PROCESS.
Section 220541(c) of title 36, United States Code, is amended to
read as follows:
``(c) Response and Resolution.--
``(1) In general.--For each complaint the Center receives
through its office for response and resolution and accepts
jurisdiction over, the Center shall conduct an investigation
and make a decision regarding whether a violation of the
SafeSport Code occurred and whether to impose sanctions. In
carrying out the response and resolution process, the Center
shall do the following:
``(A) Assign a case manager to each case to manage
and provide regular communication with claimants and
respondents.
``(B) Notify each complainant that they are
permitted to have a victim advocate of their choosing
accompany them to any proceedings scheduled as part of
the investigation into the claim. Such victim advocate
shall be confidential and may not share any information
with the Center without the complainant's voluntary,
reasonably time-limited permission based on the
estimated investigation timeframe, and written
approval; if a complainant does not have a victim
advocate, the Center shall provide such victim advocate
at no cost to the complainant or refer the complainant
to an organization that can provide a cost-free victim
advocate at the request of the complainant. Such victim
advocate shall be a person trained to confidentially
support victims of abuse and have expertise in
supporting athlete-survivors.
``(C) Assign an investigator to the case within 7
business days of accepting jurisdiction and receiving
membership records from the relevant national governing
body. National governing bodies shall provide the
Center with membership records within 5 business days
of a request by the Center pursuant to an
investigation. The Center may extend the period of time
that a national governing body has to provide
membership records in circumstances when the Center
believes that the national governing body is working in
good faith to identify the respondent named in the
complaint. The Center shall provide the national
governing body with all information included in the
complaint that will assist the national governing body
in identifying the respondent.
``(D) Conclude its investigation no later than the
date that is 180 days after a complaint is made to the
Center, except that, if the Center determines
necessary, the investigation may be extended for a
period of 30 days as many times as may be necessary.
The Center shall provide notice to each complainant and
each respondent to the investigation and the relevant
national governing body or corporation prior to each
extension of the investigation. Such notice shall
provide a basis for why the extension is necessary and
include sufficient information for the national
governing body or corporation to implement a safety
plan to protect participants from further abuse.
``(E) Adopt proof by a preponderance of the
evidence as the standard in determining whether a
violation of the SafeSport Code occurred.
``(F) Establish a grievance reporting system for
all persons impacted by the Center to report bad faith
use of the Center's processes, issues during intake,
investigation and hearings, conflicts of interest, and
other concerns about the Center. The Center will report
on the grievances filed and resolved annually.
``(2) Other requirements.--The Center shall adopt a
response and resolution process that is consistent with the
following:
``(A) If upon completion of the Center's
investigation the Center is able to conclude that a
violation of the SafeSport Code has been committed by
the respondent, but that the appropriate sanction does
not include any period of suspension or ineligibility,
then the Center may issue such sanctions in its
discretion. These findings and sanctions are not
subject to appeal.
``(B) If upon completion of the its investigation,
the Center finds that a violation of the SafeSport Code
has been committed by the respondent and that the
appropriate sanction includes any period of suspension
or ineligibility--
``(i) it shall inform the claimant and the
respondent the sanction(s) it will impose upon
to the respondent; and
``(ii) if the respondent demands an appeal
of the sanctions, the Center shall proceed to a
hearing with the respondent under paragraph
(3), the outcome of which shall be considered
final and not subject to review in State or
Federal court.
``(C) If the Center's investigation does not in the
Center's discretion result in sufficient evidence to
determine by a preponderance of evidence that the
respondent violated the rules created by the Center,
the Center may dismiss and close the case, but such
case shall remain subject to being re-opened in the
event additional evidence is presented to the Center.
``(3) Hearing procedures.--The Center shall establish a
panel of 3 experts to resolve allegations of abuse within its
jurisdiction to determine the opportunity of any amateur
athlete, coach, trainer, manager, administrator, or official,
who is the subject of such an allegation, to participate in
amateur athletic competition. Each person appointed to the
panel under this subsection shall have expertise and training
in trauma-informed care and/or an understanding of sport
dynamics. Individuals who serve on the expert panel will not
have a conflict of interest or bias for or against complainants
or respondents generally or an individual complainant or
respondent or associated sports organization. Individuals who
serve on the expert panel will not be privy to internal Center
information about the cases outside of evidence presented in
the hearing process. Excluding temporary measures, the Center
shall provide fair notice and opportunity for a hearing to any
amateur athlete, coach, trainer, manager, administrator or
official before declaring the individual ineligible to
participate. Hearings will not provide for discovery, and no
information or materials that were not provided to the Center
during its investigation can be considered in the hearing. In
the event a complainant or witness are unable to testify in a
hearing, the procedures must permit hearsay testimony,
including--
``(A) testimony by affidavit from a complainant or
witness, and
``(B) testimony by a Center investigator in lieu of
a complainant or witness where the investigator may
testify as to the information, statements or other
evidence the investigator received from the complainant
or witness.
``(4) Temporary measures.--In order to promote a safe
environment in sports that is free from abuse of any amateur
athlete, including emotional, physical, and sexual abuse, the
Center, the corporation, and national governing bodies have the
right to impose interim measures or sanctions on an individual
before an opportunity for a hearing consistent with the
Center's policies and procedures, as long as an amateur
athlete, coach, trainer, manager, administrator or official
that is temporarily suspended is given the right to file for a
hearing to participate in the Olympic Games, the Paralympic
Games, the Pan-American Games, the Parapan American Games,
world championship competition, or other protected competition
as defined in the bylaws of the corporation. Any person
temporarily suspended by the Center may file for a hearing
regarding the right to participate in amateur athletic
competition prior to the Center issuing a decision on the
merits. The corporation and national governing bodies will
inform the Center of any temporary measures or employment
decisions relating to any ongoing investigation by the Center
within 72 hours of imposition.''.
SEC. 7. TRAINING MATERIALS.
Section 220451(e) of title 36, United States Code, is amended to
read as follows:
``(e) Training Materials.--The office for education and outreach
referred to in subsection (a)(1)(C) shall--
``(1) develop training materials for specific audiences,
including coaches, trainers, doctors, young children,
adolescents, adults, and individuals with disabilities;
``(2) develop training materials suitable for all levels of
participation, including organizations with adult athletes and
organizations with minor athletes;
``(3) ensure that all training for adults who interact with
youth athletes is interactive and promotes trauma-informed
approaches that take into account age, gender,
anddevelopmentally, culturally, and linguistically appropriate
care;
``(4) consult with experts in sexual abuse prevention and
public health experts, as well as athlete survivors, when
developing such training materials;
``(5) adopt a trauma-informed approach in developing such
training materials;
``(6) incorporate lived experiences of survivors of abuse
in developing such training materials;
``(7) include in such training materials technical
assistance on trauma-informed, athlete-centered, and athlete
survivor-centered policies;
``(8) not less frequently than every 3 years, update such
training materials; and
``(9) ensure that--
``(A) each member of the staff of the Center
receives at least 4 hours of training annually, and
staff of the Center working in response and resolution
receives at least 20 hours of training, provided via
live video or in-person, on trauma-informed care and
trauma-informed approach, including--
``(i) information about the neurobiology of
trauma and the impacts of trauma;
``(ii) how to work with persons impacted by
trauma;
``(iii) investigation techniques and
considerations;
``(iv) consideration of age, gender,
developmentally, culturally, and linguistically
appropriate care; and
``(v) information about support for persons
impacted by trauma; and
``(B) each member of the staff completes such
training within 30 days after being hired.''.
SEC. 8. RELATING TO INDEPENDENCE.
Section 220541(f)(4) of title 36, United States Code, is amended--
(1) in subparagraph (C)(ii), to read as follows:
``(ii) Rule of construction.--Nothing in
this subparagraph shall be construed to
prohibit the Center from providing work product
described in clause (i) to--
``(I) a law enforcement agency for
the purpose of assisting in criminal
investigation;
``(II) any other investigative
agency, including a child protection
agency or the United States Anti-Doping
Agency;
``(III) an international
safeguarding agency or international
federation;
``(IV) the United States Olympic &
Paralympic Committee; or
``(V) a national governing body.
Nothing in this section shall be construed to
prohibit a national governing body from
providing information relating to an
investigation to the Equal Employment
Opportunity Commission or other relevant bodies
in instances in which an individual was
terminated for a violation in order to defend a
claim of wrongful termination. Such information
shall be subject to the same protections as
with the Center, including protection from
discovery.''; and
(2) by adding at the end the following:
``(D) Transparency.--Should the Center exercise
jurisdiction over a case, the Center shall provide
applicable national governing bodies or the corporation
with a detailed description of the allegations and
detailed information about the respondent to allow the
applicable national governing body or corporation the
opportunity to impose appropriate interim safety
measures to protect participants during the
investigation. The information provided to the
corporation or relevant national governing bodies shall
include details about when and where the alleged
misconduct occurred and details about the allegations
beyond the category of misconduct. At minimum, the
Center shall provide information received in the
complaint made to the Center, with identifying
information about the claimant removed. The Center
shall not share information about the identity of the
claimant unless the claimant has given the center
permission to do so. This provision shall not apply if
sharing the information and materials named above would
create a conflict of interest or put participants at
risk of abuse, harassment, or retaliation.''.
SEC. 9. FUNDING MATTERS.
Section 220541(g)(4) of title 36, United States Code, is amended--
(1) in subparagraph (A), by inserting ``in accordance with
section 220503(15)'' before the period at the end;
(2) by redesignating subparagraphs (B)(ii) and B(iii) as
subparagraphs B(iii) and B(iv);
(3) in subparagraph (B), by inserting after clause (i) the
following:
``(ii) Abuse prevention.--Not less than 20
percent of he total amount of funding the
Center receives in a fiscal year shall be used
for training, oversight practices, policies,
and procedures to prevent the abuse, including
emotional, physical, and sexual abuse, of
amateur athletes participating in amateur
athletic activities described in subsection
(a)(1)(C).''; and
(4) in subparagraph (B)(iii)(I) (as redesignated), by
striking ``25 percent'' and inserting ``10 percent''.
SEC. 10. COMPLIANCE AUDITS.
Section 220541(h)(3) of title 36, United States Code, is amended to
read as follows:
``(3) Annual report.--
``(A) In general.--Not less frequently than
annually, the Center shall submit to Congress a report
on the findings of the audit under paragraph (1) for
the preceding year and the status of any corrective
measures imposed as a result of the audit. The report
shall include updates on the function of and feedback
from the Athlete Survivor Advisory Group, how survivors
and persons with lived experience are engaged in
development of materials and prevention outreach, how
the Center is responding to complaints or investigation
issues, how the Center is engaging with outside experts
in prevention and response to sexual violence, and it
shall detail efforts to improve transparency of process
and communication.
``(B) Public availability.--
``(i) In general.--Each report under
subparagraph (A) shall be made available to the
public.
``(ii) Personally identifiable
information.--A report made available to the
public shall not include the personally
identifiable information of any individual.''.
SEC. 11. ADDITIONAL PROVISIONS.
Section 220451 of title 36, United States Code, is amended by
adding at the end the following:
``(k) Oversight.--Not less frequently than once per Congress, the
CEO of the Center shall appear before the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce and the Committee on the Judiciary of the House of
Representatives on the Center's activities and provide reports as
requested by those Committees in advance of such appearances.
``(l) Government Accountability Office Report.--Every three years
the Comptroller General of the United States shall do a performance and
accountability report of the Center and share those findings with
Congress, the Center and the public. The report shall review how the
Center is meeting its mission, including talking to athlete survivors,
advocates, and national governing bodies in order to institutionalize
formal feedback from survivor groups and NGBs.
``(m) Board of Directors.--Not less than twenty percent of the
membership of the board of directors of the Center shall be recommended
by amateur athlete survivors who are actively engaged in amateur
athletic competition or who have represented the United States in
international athletic competition. Directors recommended by the
athletes must still meet the independence requirements of the
Center.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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