Safer Sports for Athletes Act of 2024

Bill: 118-hr-10326
Sponsor: full_name: Rep. Ross, Deborah K. [D-NC-2]
Introduced: 2024-12-06
Policy area: Sports and Recreation
Latest action: action_date: 2024-12-06
text: Referred to the House Committee on the Judiciary.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10326 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.

1. Short title This Act may be cited as the Safer Sports for Athletes Act of 2024 . 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 . 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. . 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. . 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. . 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. . 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. . 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. . 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 . 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. . 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. .