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[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>
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