[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7881 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7881

To amend the Ted Stevens Olympic and Amateur Sports Act to provide for 
congressional oversight of the board of directors of the United States 
 Olympic and Paralympic Committee and to protect amateur athletes from 
     emotional, physical, and sexual abuse, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2020

Mr. Ted Lieu of California (for himself, Mr. Curtis, Ms. DeGette, Mrs. 
   Brooks of Indiana, Ms. Kuster of New Hampshire, and Mr. Burgess) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Education and Labor, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Ted Stevens Olympic and Amateur Sports Act to provide for 
congressional oversight of the board of directors of the United States 
 Olympic and Paralympic Committee and to protect amateur athletes from 
     emotional, physical, and sexual abuse, and for other purposes.

    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 ``Empowering Olympic, Paralympic, and 
Amateur Athletes Act of 2020''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The courageous voice of survivors is a call to action 
        to end emotional, physical, and sexual abuse in the Olympic and 
        Paralympic movement.
            (2) Larry Nassar, the former national team doctor for USA 
        Gymnastics, sexually abused over 300 athletes for over two 
        decades because of ineffective oversight by USA Gymnastics and 
        the United States Olympic Committee.
            (3) While the case of Larry Nassar is unprecedented in 
        scale, the case is hardly the only recent incident of sexual 
        abuse in amateur sports.
            (4) Survivors of Larry Nassar's abuse and all survivors of 
        abuse in the Olympic and Paralympic movement deserve justice 
        and redress for the wrongs the survivors have suffered.
            (5) After a comprehensive congressional investigation, 
        including interviews and statements from survivors, former and 
        current organization officials, law enforcement, and advocates, 
        Congress found that the United States Olympic Committee and USA 
        Gymnastics fundamentally failed to uphold their existing 
        statutory purposes and duty to protect amateur athletes from 
        sexual, emotional, or physical abuse.
            (6) USA Gymnastics and the United States Olympic Committee 
        knowingly concealed abuse by Larry Nassar, leading to the abuse 
        of dozens of additional amateur athletes during the period 
        beginning in the summer of 2015 and ending in September 2016.
            (7) Ending abuse in the Olympic and Paralympic movement 
        requires enhanced oversight to ensure that the Olympic and 
        Paralympic movement does more to serve athletes and protect 
        their voice and safety.

SEC. 3. DEFINITIONS.

    Section 220501(b) of title 36, United States Code, is amended--
            (1) in paragraph (4), by striking ``United States Center 
        for Safe Sport'' and inserting ``United States Center for 
        SafeSport'';
            (2) in paragraph (6), by striking ``United States Olympic 
        Committee'' and inserting ``United States Olympic and 
        Paralympic Committee'';
            (3) by amending paragraph (8) to read as follows:
            ``(8) `national governing body' means an amateur sports 
        organization, a high-performance management organization, or a 
        paralympic sports organization that is certified by the 
        corporation under section 220521.'';
            (4) by striking paragraph (9);
            (5) by redesignating paragraphs (4), (5), (6), (7), (8), 
        and (10) as paragraphs (5), (6), (7), (8), (9), and (12), 
        respectively;
            (6) by inserting after paragraph (3) the following:
            ``(4) `Athletes' Advisory Council' means the entity 
        established and maintained under section 220504(b)(2)(A) that--
                    ``(A) is composed of, and elected by, amateur 
                athletes to ensure communication between the 
                corporation and currently active amateur athletes; and
                    ``(B) serves as a source of amateur-athlete opinion 
                and advice with respect to policies and proposed 
                policies of the corporation.''; and
            (7) by inserting after paragraph (9), as so redesignated, 
        the following:
            ``(10) `protected individual' means any amateur athlete, 
        coach, trainer, manager, administrator, or official associated 
        with the corporation or a national governing body; and
            ``(11) `retaliation' means any adverse or discriminatory 
        action, or the threat of an adverse or discriminatory action, 
        including removal from a training facility, reduced coaching or 
        training, reduced meals or housing, and removal from 
        competition, carried out against a protected individual as a 
        result of any communication, including the filing of a formal 
        complaint, by the protected individual or a parent or legal 
        guardian of the protected individual relating to the allegation 
        of physical abuse, sexual harassment, or emotional abuse, 
        with--
                    ``(A) the Center;
                    ``(B) a coach, trainer, manager, administrator, or 
                official associated with the corporation;
                    ``(C) the Attorney General;
                    ``(D) a Federal or State law enforcement authority;
                    ``(E) the Equal Employment Opportunity Commission; 
                or
                    ``(F) Congress.''.

SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC AND AMATEUR SPORTS 
              ACT.

    (a) In General.--Chapter 2205 of title 36, United States Code, is 
amended--
            (1) in the chapter heading, by striking ``UNITED STATES 
        OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND 
        PARALYMPIC COMMITTEE'';
            (2) in section 220502, by amending subsection (c) to read 
        as follows:
    ``(c) References to United States Olympic Association and United 
States Olympic Committee.--Any reference to the United States Olympic 
Association or the United States Olympic Committee is deemed to refer 
to the United States Olympic and Paralympic Committee.'';
            (3) in section 220503--
                    (A) in paragraph (3), by striking ``and the Pan-
                American Games'' each place it appears and inserting 
                ``the Pan-American Games, and the Parapan American 
                Games''; and
                    (B) in paragraph (4), by striking ``and Pan-
                American Games'' and inserting ``the Pan-American 
                Games, and the Parapan American Games'';
            (4) in section 220504(b)(3), by striking ``or the Pan-
        American Games'' and inserting ``the Pan-American Games, or the 
        Parapan American Games'';
            (5) in section 220505(c)--
                    (A) in paragraph (3), by striking ``and the Pan-
                American Games'' and inserting ``the Pan-American 
                Games, and the Parapan American Games'';
                    (B) by amending paragraph (4) to read as follows:
            ``(4) certify national governing bodies for any sport that 
        is included on the program of the Olympic Games, the Paralympic 
        Games, the Pan-American Games, or the Parapan American 
        Games;''; and
                    (C) in paragraph (5), by inserting ``the Parapan 
                American Games,'' after ``the Pan-American Games,'';
            (6) in section 220506--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``United 
                        States Olympic Committee'' and inserting 
                        ``United States Olympic and Paralympic 
                        Committee'';
                            (ii) in paragraph (2), by striking ``3 
                        TaiGeuks'' and inserting ``3 Agitos''; and
                            (iii) in paragraph (4), by inserting 
                        ```Parapan American','' after ```Pan-
                        American','';
                    (B) in subsection (b), by inserting ``the Parapan 
                American team,'' after ``the Pan-American team,''; and
                    (C) in subsection (c)(3), by striking ``or Pan-
                American Games activity'' and inserting ``Pan-American, 
                or Parapan American Games activity'';
            (7) in section 220509(a)--
                    (A) in the first sentence, by inserting ``the 
                Parapan American Games,'' after ``the Pan-American 
                Games,''; and
                    (B) in the second sentence, by striking ``or the 
                Pan-American Games'' and inserting ``the Pan-American 
                Games, or the Parapan American Games'';
            (8) in section 220512, by striking ``and Pan-American 
        Games'' and inserting ``Pan-American Games, and Parapan 
        American Games'';
            (9) in section 220523(a), by striking ``and the Pan-
        American Games'' each place it appears and inserting ``the Pan-
        American Games, and the Parapan American Games'';
            (10) in section 220528(c)--
                    (A) in subparagraph (A), by striking ``or in both 
                the Olympic and Pan-American Games'' and inserting ``or 
                in each of the Olympic Games, the Paralympic Games, the 
                Pan-American Games, and the Parapan American Games''; 
                and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) any Pan-American Games or Parapan American 
                Games, for a sport in which competition is held in the 
                Pan-American Games or the Parapan American Games, as 
                applicable, but not in the Olympic Games or the 
                Paralympic Games.''; and
            (11) in section 220531, by striking ``United States Olympic 
        Committee'' each place it appears and inserting ``United States 
        Olympic and Paralympic Committee''.
    (b) Conforming Amendment.--The table of chapters for part B of 
subtitle II of title 36, United States Code, is amended by striking the 
item relating to chapter 2205 and inserting the following:


``2205. United States Olympic and Paralympic Committee..       220501''.
 

SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC 
              COMMITTEE AND NATIONAL GOVERNING BODIES.

    (a) In General.--Chapter 2205 of title 36, United States Code, is 
amended--
            (1) by redesignating the second subchapter designated as 
        subchapter III (relating to the United States Center for 
        SafeSport), as added by section 202 of the Protecting Young 
        Victims from Sexual Abuse and Safe Sport Authorization Act of 
        2017 (Public Law 115-126; 132 Stat. 320) as subchapter IV; and
            (2) by adding at the end the following:

 ``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND 
        TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES

``Sec. 220551. Definitions
    ``In this subchapter, the term `joint resolution' means a joint 
resolution--
            ``(1) which does not have a preamble; and
            ``(2) for which--
                    ``(A)(i) the title is only as follows: `A joint 
                resolution to dissolve the board of directors of the 
                United States Olympic and Paralympic Committee'; and
                    ``(ii) the matter after the resolving clause--
                            ``(I) is as follows: `That Congress finds 
                        that dissolving the board of directors of the 
                        United States Olympic and Paralympic Committee 
                        would not unduly interfere with the operations 
                        of chapter 2205 of title 36, United States 
                        Code'; and
                            ``(II) prescribes adequate procedures for 
                        forming a board of directors of the corporation 
                        as expeditiously as possible and in a manner 
                        that safeguards the membership and voting power 
                        of the representatives of amateur athletes at 
                        all times, consistent with the membership and 
                        voting power of amateur athletes under section 
                        220504(b)(2); or
                    ``(B)(i) the title is only as follows: `A joint 
                resolution relating to terminating the recognition of a 
                national governing body'; and
                    ``(ii) the matter after the resolving clause is 
                only as follows: `That Congress determines that 
                _________, which is recognized as a national governing 
                body under section 220521 of title 36, United States 
                Code, has failed to fulfill its duties, as described in 
                section 220524 of title 36, United States Code', the 
                blank space being filled in with the name of the 
                applicable national governing body.
``Sec. 220552. Dissolution of board of directors of corporation and 
              termination of recognition of national governing bodies
    ``(a) Dissolution of Board of Directors of Corporation.--Effective 
on the date of enactment of a joint resolution described in section 
220551(2)(A) with respect to the board of directors of the corporation, 
such board of directors shall be dissolved.
    ``(b) Termination of Recognition of National Governing Body.--
Effective on the date of enactment of a joint resolution described in 
section 220551(2)(B) with respect to a national governing body, the 
recognition of the applicable amateur sports organization as a national 
governing body shall cease to have force or effect.''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 2205 of title 36, United States Code, is amended--
            (1) by striking the second item relating to subchapter III 
        (relating to the United States Center for SafeSport), as added 
        by section 202 of the Protecting Young Victims from Sexual 
        Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-
        126; 132 Stat. 320) and inserting the following:

         ``subchapter iv--united states center for safesport'';

        and
            (2) by adding at the end the following:

  ``subchapter v--dissolution of board of directors of corporation and 
        termination of recognition of national governing bodies

``220551. Definitions.
``220552. Dissolution of board of directors of corporation and 
                            termination of recognition of national 
                            governing bodies.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act.

SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC 
              COMMITTEE.

    (a) Purposes of the Corporation.--Section 220503 of title 36, 
United States Code, is amended--
            (1) in paragraph (9), by inserting ``and access to'' after 
        ``development of'';
            (2) in paragraph (14), by striking ``; and'' and inserting 
        a semicolon;
            (3) in paragraph (15), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(16) to effectively oversee the national governing bodies 
        with respect to compliance with and implementation of the 
        policies and procedures of the corporation, including policies 
        and procedures on the establishment of a safe environment in 
        sports as described in paragraph (15).''.
    (b) Membership and Representation.--Section 220504 of title 36, 
United States Code, is amended--
            (1) in subsection (a), by inserting ``, and membership 
        shall be available only to national governing bodies'' before 
        the period at the end;
            (2) in subsection (b), by amending paragraph (2) to read as 
        follows:
            ``(2) amateur athletes who are actively engaged in amateur 
        athletic competition or who have represented the United States 
        in international amateur athletic competition, including 
        through provisions that--
                    ``(A) establish and maintain an Athletes' Advisory 
                Council;
                    ``(B) ensure that the chair of the Athletes' 
                Advisory Council, or the designee of the chair, holds 
                voting power on the board of directors of the 
                corporation and in the committees and entities of the 
                corporation;
                    ``(C) require that--
                            ``(i) not less than \1/3\ of the membership 
                        of the board of directors of the corporation 
                        shall be composed of, and elected by, such 
                        amateur athletes; and
                            ``(ii) not less than 20 percent of the 
                        membership of the board of directors of the 
                        corporation shall be composed of amateur 
                        athletes who--
                                    ``(I) are actively engaged in 
                                representing the United States in 
                                international amateur athletic 
                                competition; or
                                    ``(II) have represented the United 
                                States in international amateur 
                                athletic competition during the 
                                preceding 10-year period; and
                    ``(D) ensure that the membership and voting power 
                held by such amateur athletes is not less than \1/3\ 
                percent of the membership and voting power held in the 
                board of directors of the corporation and in the 
                committees and entities of the corporation, including 
                any panel empowered to resolve grievances;''; and
            (3) by adding at the end the following:
    ``(c) Conflict of Interest.--An athlete who represents athletes 
under subsection (b)(2) shall not be employed by the Center, or serve 
in a capacity that exercises decision-making authority on behalf of the 
Center, during the 2-year period beginning on the date on which the 
athlete ceases such representation.
    ``(d) Certification Requirements.--The bylaws of the corporation 
shall include a description of all generally applicable certification 
requirements for membership in the corporation.''.
    (c) Duties.--
            (1) In general.--Section 220505 of title 36, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``Powers'' 
                and inserting ``Powers and duties''; and
                    (B) by adding at the end the following:
    ``(d) Duties.--
            ``(1) In general.--The duty of the corporation to amateur 
        athletes includes the adoption, effective implementation, and 
        enforcement of policies and procedures designed--
                    ``(A) to immediately report to law enforcement and 
                the Center any allegation of child abuse of an amateur 
                athlete who is a minor;
                    ``(B) to ensure that each national governing body 
                has in place policies and procedures to report 
                immediately any allegation of child abuse of an amateur 
                athlete, consistent with--
                            ``(i) the policies and procedures developed 
                        under subparagraph (C) of section 220541(a)(1); 
                        and
                            ``(ii) the requirement described in 
                        paragraph (2)(A) of section 220542(a); and
                    ``(C) to ensure that each national governing body 
                and the corporation enforces temporary measures and 
                sanctions issued pursuant to the authority of the 
                Center.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to preempt or otherwise abrogate the duty of 
        care of the corporation under State law or the common law.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 2205 of title 36, United States Code, is amended by 
        striking the item relating to section 220505 and inserting the 
        following:

``220505. Powers and duties.''.
    (d) Restrictions.--
            (1) Policy with respect to assisting members or former 
        members in obtaining jobs.--Section 220507 of title 36, United 
        States Code, is amended by adding at the end the following:
    ``(c) Policy With Respect to Assisting Members or Former Members in 
Obtaining Jobs.--The corporation shall develop one or more policies 
that prohibit any individual who is an employee, contractor, or agent 
of the corporation from assisting a member or former member in 
obtaining a new job (except the routine transmission of administrative 
and personnel files) if the individual knows that such member or former 
member violated the policies or procedures of the Center related to 
sexual misconduct or was convicted of a crime involving sexual 
misconduct with a minor in violation of applicable law.''.
            (2) Policy with respect to terms and conditions of 
        employment.--
                    (A) In general.--Section 220507 of title 36, United 
                States Code, as amended by paragraph (1), is further 
                amended by adding at the end the following:
    ``(d) Policy Regarding Terms and Conditions of Employment.--The 
corporation shall establish a policy--
            ``(1) not to disperse bonus or severance pay to any 
        individual named as a subject of an ethics investigation by the 
        ethics committee of the corporation, until such individual is 
        cleared of wrongdoing by such investigation; and
            ``(2) that provides that--
                    ``(A) if the ethics committee determines that an 
                individual has violated the policies of the 
                corporation--
                            ``(i) the individual is no longer entitled 
                        to bonus or severance pay previously withheld; 
                        and
                            ``(ii) the compensation committee of the 
                        corporation may reduce or cancel the withheld 
                        bonus or severance pay; and
                    ``(B) in the case of an individual who is the 
                subject of a criminal investigation, the ethics 
                committee shall investigate the individual.''.
                    (B) Applicability.--The amendment made by 
                subparagraph (A) shall not apply to any term of 
                employment for the disbursement of bonus or severance 
                pay that is in effect as of the day before the date of 
                the enactment of this Act.
    (e) Resolution of Disputes and Protecting Abuse Victims From 
Retaliation.--Section 220509 of title 36, United States Code, is 
amended--
            (1) in subsection (a), in the first sentence, by inserting 
        ``complaints of retaliation or'' after ``relating to'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Office of the Athlete Ombuds.--
            ``(1) In general.--The corporation shall hire and provide 
        salary, benefits, and administrative expenses for an ombudsman 
        and support staff for athletes.
            ``(2) Duties.--The Office of the Athlete Ombuds shall--
                    ``(A) provide independent advice to athletes at no 
                cost about the applicable provisions of this chapter 
                and the constitution and bylaws of the corporation, 
                national governing bodies, international sports 
                federations, the International Olympic Committee, the 
                International Paralympic Committee, and the Pan-
                American Sports Organization, and with respect to the 
                resolution of any dispute involving the opportunity of 
                an amateur athlete 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 
                constitution and bylaws of the corporation;
                    ``(B) assist in the resolution of athlete concerns;
                    ``(C) provide independent advice to athletes with 
                respect to--
                            ``(i) the role, responsibility, authority, 
                        and jurisdiction of the Center; and
                            ``(ii) the relative value of engaging legal 
                        counsel; and
                    ``(D) report to the Athletes' Advisory Council on a 
                regular basis.
            ``(3) Hiring procedures; vacancy; termination.--
                    ``(A) Hiring procedures.--The procedure for hiring 
                the ombudsman for athletes shall be as follows:
                            ``(i) The Athletes' Advisory Council shall 
                        provide the corporation's executive director 
                        with the name of 1 qualified person to serve as 
                        ombudsman for athletes.
                            ``(ii) The corporation's executive director 
                        shall immediately transmit the name of such 
                        person to the corporation's executive 
                        committee.
                            ``(iii) The corporation's executive 
                        committee shall hire or not hire such person 
                        after fully considering the advice and counsel 
                        of the Athletes' Advisory Council.
                    ``(B) Vacancy.--If there is a vacancy in the 
                position of the ombudsman for athletes, the nomination 
                and hiring procedure set forth in this paragraph shall 
                be followed in a timely manner.
                    ``(C) Termination.--The corporation may terminate 
                the employment of an individual serving as ombudsman 
                for athletes only if--
                            ``(i) the termination is carried out in 
                        accordance with the applicable policies and 
                        procedures of the corporation;
                            ``(ii) the termination is initially 
                        recommended to the corporation's executive 
                        committee by either the corporation's executive 
                        director or by the Athletes' Advisory Council; 
                        and
                            ``(iii) the corporation's executive 
                        committee fully considers the advice and 
                        counsel of the Athletes' Advisory Council prior 
                        to deciding whether or not to terminate the 
                        employment of such individual.
            ``(4) Confidentiality.--
                    ``(A) In general.--The Office of the Athlete Ombuds 
                shall maintain as confidential any information 
                communicated or provided to the Office of the Athlete 
                Ombuds in confidence in any matter involving the 
                exercise of the official duties of the Office of the 
                Athlete Ombuds.
                    ``(B) Exception.--The Office of the Athlete Ombuds 
                may disclose information described in subparagraph (A) 
                as necessary to resolve or mediate a dispute, with the 
                permission of the parties involved.
                    ``(C) Judicial and administrative proceedings.--
                            ``(i) In general.--The ombudsman and the 
                        staff of the Office of the Athlete Ombuds shall 
                        not be compelled to testify or produce evidence 
                        in any judicial or administrative proceeding 
                        with respect to any matter involving the 
                        exercise of the duties of the Office of the 
                        Athlete Ombuds.
                            ``(ii) Work product.--Any memorandum, work 
                        product, notes, or case file of the Office of 
                        the Athlete Ombuds--
                                    ``(I) shall be confidential; and
                                    ``(II) shall not be--
                                            ``(aa) subject to 
                                        discovery, subpoena, or any 
                                        other means of legal 
                                        compulsion; or
                                            ``(bb) admissible as 
                                        evidence in a judicial or 
                                        administrative proceeding.
                    ``(D) Applicability.--The confidentiality 
                requirements under this paragraph shall not apply to 
                information relating to--
                            ``(i) applicable federally mandated 
                        reporting requirements;
                            ``(ii) a felony personally witnessed by a 
                        member of the Office of the Athlete Ombuds;
                            ``(iii) a situation, communicated to the 
                        Office of the Athlete Ombuds, in which an 
                        individual is at imminent risk of serious harm; 
                        or
                            ``(iv) a congressional subpoena.
                    ``(E) Development of policy.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of the enactment of the 
                        Empowering Olympic, Paralympic, and Amateur 
                        Athletes Act of 2020, the Office of the Athlete 
                        Ombuds shall develop and publish in the Federal 
                        Register a confidentiality and privacy policy 
                        consistent with this paragraph.
                            ``(ii) Distribution.--The Office of the 
                        Athlete Ombuds shall distribute a copy of the 
                        policy developed under clause (i) to--
                                    ``(I) employees of the national 
                                governing bodies; and
                                    ``(II) employees of the 
                                corporation.
                            ``(iii) Publication by national governing 
                        bodies.--Each national governing body shall--
                                    ``(I) publish the policy developed 
                                under clause (i) on the internet 
                                website of the national governing body; 
                                and
                                    ``(II) communicate to amateur 
                                athletes the availability of the 
                                policy.
            ``(5) Prohibition on retaliation.--No employee, contractor, 
        agent, volunteer, or member of the corporation shall take or 
        threaten to take any action against an athlete as a reprisal 
        for disclosing information to or seeking assistance from the 
        Office of the Athlete Ombuds.
            ``(6) Independence in carrying out duties.--The board of 
        directors of the corporation or any other member or employee of 
        the corporation shall not prevent or prohibit the Office of the 
        Athlete Ombuds from carrying out any duty or responsibility 
        under this section.''; and
            (3) by adding at the end the following:
    ``(c) Retaliation.--
            ``(1) In general.--The corporation, the national governing 
        bodies, or any officer, employee, contractor, subcontractor, or 
        agent of the corporation or a national governing body may not 
        retaliate against any protected individual as a result of any 
        communication, including the filing of a formal complaint, by a 
        protected individual or a parent or legal guardian of the 
        protected individual relating to an allegation of physical 
        abuse, sexual harassment, or emotional abuse.
            ``(2) Disciplinary action.--If the corporation finds that 
        an employee of the corporation or a national governing body has 
        retaliated against a protected individual, the corporation or 
        national governing body, as applicable, shall immediately 
        terminate the employment of, or suspend without pay, such 
        employee.
            ``(3) Damages.--
                    ``(A) In general.--With respect to a protected 
                individual the corporation finds to have been subject 
                to retaliation, the corporation may award damages, 
                including damages for pain and suffering and reasonable 
                attorney fees.
                    ``(B) Reimbursement from national governing body.--
                In the case of a national governing body found to have 
                retaliated against a protected individual, the 
                corporation may demand reimbursement from the national 
                governing body for damages paid by the corporation 
                under subparagraph (A).''.
    (f) Reports and Audits.--
            (1) In general.--Section 220511 of title 36, United States 
        Code, is amended to read as follows:
``Sec. 220511. Reports and audits
    ``(a) Report.--
            ``(1) Submission to president and congress.--Not less 
        frequently than annually, the corporation shall submit 
        simultaneously to the President and to each House of Congress a 
        detailed report on the operations of the corporation for the 
        preceding calendar year.
            ``(2) Matters to be included.--Each report required by 
        paragraph (1) shall include the following:
                    ``(A) A comprehensive description of the activities 
                and accomplishments of the corporation during such 
                calendar year.
                    ``(B) Data concerning the participation of women, 
                disabled individuals, and racial and ethnic minorities 
                in the amateur athletic activities and administration 
                of the corporation and national governing bodies.
                    ``(C) A description of the steps taken to encourage 
                the participation of women, disabled individuals, and 
                racial minorities in amateur athletic activities.
                    ``(D) A description of any lawsuit or grievance 
                filed against the corporation, including any dispute 
                initiated under this chapter.
                    ``(E) The agenda and minutes of any meeting of the 
                board of directors of the corporation that occurred 
                during such calendar year.
                    ``(F) A report by the compliance committee of the 
                corporation that, with respect to such calendar year--
                            ``(i) identifies--
                                    ``(I) the areas in which the 
                                corporation has met compliance 
                                standards; and
                                    ``(II) the areas in which the 
                                corporation has not met compliance 
                                standards; and
                            ``(ii) assesses the compliance of each 
                        member of the corporation and provides a plan 
                        for improvement, as necessary.
                    ``(G) A detailed description of any complaint of 
                retaliation made during such calendar year, including 
                the entity involved, the number of allegations of 
                retaliation, and the outcome of such allegations.
            ``(3) Public availability.--The corporation shall make each 
        report under this subsection available to the public on an 
        easily accessible internet website of the corporation.
    ``(b) Audit.--
            ``(1) In general.--Not less frequently than annually, the 
        financial statements of the corporation for the preceding 
        fiscal year shall be audited in accordance with generally 
        accepted auditing standards by--
                    ``(A) an independent certified public accountant; 
                or
                    ``(B) an independent licensed public accountant who 
                is certified or licensed by the regulatory authority of 
                a State or a political subdivision of a State.
            ``(2) Location.--An audit under paragraph (1) shall be 
        conducted at the location at which the financial statements of 
        the corporation normally are kept.
            ``(3) Access.--An individual conducting an audit under 
        paragraph (1) shall be given full access to--
                    ``(A) all records and property owned or used by the 
                corporation, as necessary to facilitate the audit; and
                    ``(B) any facility under audit for the purpose of 
                verifying transactions, including any balance or 
                security held by a depository, fiscal agent, or 
                custodian.
            ``(4) Report.--
                    ``(A) In general.--Not later than 180 days after 
                the end of the fiscal year for which an audit is 
                carried out, the auditor shall submit a report on the 
                audit to the Committee on Commerce, Science, and 
                Transportation of the Senate, the Committee on the 
                Judiciary of the House of Representatives, and the 
                chair of the Athletes' Advisory Council.
                    ``(B) Matters to be included.--Each report under 
                subparagraph (A) shall include the following for the 
                applicable fiscal year:
                            ``(i) Any statement necessary to present 
                        fairly the assets, liabilities, and surplus or 
                        deficit of the corporation.
                            ``(ii) An analysis of the changes in the 
                        amounts of such assets, liabilities, and 
                        surplus or deficit.
                            ``(iii) A detailed statement of the income 
                        and expenses of the corporation, including the 
                        results of any trading, manufacturing, 
                        publishing, or other commercial endeavor.
                            ``(iv) A detailed statement of the amounts 
                        spent on stipends and services for athletes.
                            ``(v) A detailed statement of the amounts 
                        spent on compensation and services for 
                        executives and administration officials of the 
                        corporation, including the 20 employees of the 
                        corporation who receive the highest amounts of 
                        compensation.
                            ``(vi) A detailed statement of the amounts 
                        allocated to the national governing bodies.
                            ``(vii) Such comments and information as 
                        the auditor considers necessary to inform 
                        Congress of the financial operations and 
                        condition of the corporation.
                            ``(viii) Recommendations relating to the 
                        financial operations and condition of the 
                        corporation.
                            ``(ix) A description of any financial 
                        conflict of interest (including a description 
                        of any recusal or other mitigating action 
                        taken), evaluated in a manner consistent with 
                        the policies of the corporation, of--
                                    ``(I) a member of the board of 
                                directors of the corporation; or
                                    ``(II) any senior management 
                                personnel of the corporation.
                    ``(C) Public availability.--
                            ``(i) In general.--The corporation shall 
                        make each report under this paragraph available 
                        to the public on an easily accessible internet 
                        website of the corporation.
                            ``(ii) Personally identifiable 
                        information.--A report made available under 
                        clause (i) shall not include the personally 
                        identifiable information of any individual.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 2205 of title 36, United States Code, is amended by 
        striking the item relating to section 220511 and inserting the 
        following:

``220511. Reports and audits.''.
    (g) Annual Amateur Athlete Survey.--
            (1) In general.--Subchapter I of chapter 2205 of title 36, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 220513. Annual amateur athlete survey
    ``(a) In General.--Not less frequently than annually, the 
corporation shall cause an independent third-party organization, under 
contract, to conduct an anonymous survey of amateur athletes who are 
actively engaged in amateur athletic competition with respect to--
            ``(1) their satisfaction with the corporation and the 
        applicable national governing body; and
            ``(2) the behaviors, attitudes, and feelings within the 
        corporation and the applicable national governing body relating 
        to sexual harassment and abuse.
    ``(b) Consultation.--A contract under subsection (a) shall require 
the independent third-party organization to develop the survey in 
consultation with the Center.
    ``(c) Prohibition on Interference.--If the corporation or a 
national governing body makes any effort to undermine the independence 
of, introduce bias into, or otherwise influence a survey under 
subsection (a), such activity shall be reported immediately to 
Congress.
    ``(d) Public Availability.-- The corporation shall make the results 
of each such survey available to the public on an internet website of 
the corporation.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 2205 of title 36, United States Code, is amended by 
        inserting after the item relating to 220512 the following:

``220513. Annual amateur athlete survey.''.

SEC. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES.

    (a) Certification of National Governing Bodies.--
            (1) In general.--Section 220521 of title 36, United States 
        Code, is amended--
                    (A) in the section heading, by striking 
                ``Recognition of amateur sports organizations as 
                national governing bodies'' and inserting 
                ``Certification of national governing bodies'';
                    (B) by amending subsection (a) to read as follows:
    ``(a) In General.--With respect to each sport included on the 
program of the Olympic Games, the Paralympic Games, the Pan-American 
Games, or the Parapan American Games, the corporation--
            ``(1) may certify as a national governing body an amateur 
        sports organization, a high-performance management 
        organization, or a paralympic sports organization that files an 
        application and is eligible for such certification under 
        section 220522; and
            ``(2) may not certify more than 1 national governing 
        body.'';
                    (C) in subsection (b), by striking ``recognizing'' 
                and inserting ``certifying'';
                    (D) in subsection (c), by striking ``recognizing'' 
                and inserting ``certifying''; and
                    (E) by amending subsection (d) to read as follows:
    ``(d) Review of Certification.--Not later than 8 years after the 
date of the enactment of the Empowering Olympic, Paralympic, and 
Amateur Athletes Act of 2020, and not less frequently than once every 4 
years thereafter, the corporation--
            ``(1) shall review all matters related to the continued 
        certification of an organization as a national governing body;
            ``(2) may take action the corporation considers 
        appropriate, including placing conditions on the continued 
        certification of an organization as a national governing body;
            ``(3) shall submit to Congress a summary report of each 
        review under paragraph (1); and
            ``(4) shall make each such summary report available to the 
        public.''.
            (2) Technical and conforming amendments.--
                    (A) Chapter 2205 of title 36, United States Code, 
                is amended--
                            (i) in section 220504(b), by amending 
                        paragraph (1) to read as follows:
            ``(1) national governing bodies, including through 
        provisions that establish and maintain a National Governing 
        Bodies' Council that is composed of representatives of the 
        national governing bodies who are selected by their boards of 
        directors or other governing boards to ensure effective 
        communication between the corporation and the national 
        governing bodies;'';
                            (ii) in section 220512, by striking ``or 
                        paralympic sports organization'';
                            (iii) in section 220522--
                                    (I) by striking subsection (b); and
                                    (II) in subsection (a)--
                                            (aa) by striking 
                                        ``recognized'' each place it 
                                        appears and inserting 
                                        ``certified'';
                                            (bb) by striking 
                                        ``recognition'' each place it 
                                        appears and inserting 
                                        ``certification'';
                                            (cc) in paragraph (6), by 
                                        striking ``the Olympic Games or 
                                        the Pan-American Games'' and 
                                        inserting ``the Olympic Games, 
                                        the Paralympic Games, the Pan-
                                        American Games, or the Parapan 
                                        American Games'';
                                            (dd) in paragraph (11)--

                                                    (AA) in the matter 
                                                preceding subparagraph 
                                                (A), by inserting ``, 
                                                high-performance 
                                                management 
                                                organization, or 
                                                paralympic sports 
                                                organization'' after 
                                                ``amateur sports 
                                                organization''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``amateur 
                                                sports'' and inserting 
                                                ``applicable'';

                                            (ee) in paragraph (14), by 
                                        striking ``or the Pan-American 
                                        Games'' and inserting ``the 
                                        Pan-American Games, or the 
                                        Parapan American Games''; and
                                            (ff) by striking the 
                                        subsection designation and 
                                        heading and all that follows 
                                        through ``An amateur sports 
                                        organization'' and inserting 
                                        ``An amateur sports 
                                        organization, a high-
                                        performance management 
                                        organization, or a paralympic 
                                        sports organization'';
                            (iv) in section 220524, by striking 
                        ``amateur sports'' each place it appears;
                            (v) in section 220528--
                                    (I) by striking ``recognition'' 
                                each place it appears and inserting 
                                ``certification'';
                                    (II) by striking ``recognize'' each 
                                place it appears and inserting 
                                ``certify''; and
                                    (III) in subsection (g), in the 
                                subsection heading, by striking 
                                ``Recognition'' and inserting 
                                ``Certification'';
                            (vi) in section 220531--
                                    (I) by striking ``, each national 
                                governing body, and each paralympic 
                                sports organization'' each place it 
                                appears and inserting ``and each 
                                national governing body''; and
                                    (II) in subsection (c)(2), by 
                                striking ``each paralympic sports 
                                organization,'';
                            (vii) in section 220541(d)(3), by striking 
                        subparagraph (C);
                            (viii) in section 220542--
                                    (I) by striking ``or paralympic 
                                sports organization'' each place it 
                                appears; and
                                    (II) in subsection (a)(2)--
                                            (aa) in subparagraph (A), 
                                        in the matter preceding clause 
                                        (i), by striking ``, a 
                                        paralympic sports 
                                        organization,'';
                                            (bb) in subparagraph (E), 
                                        by striking ``or a paralympic 
                                        sports organization of each 
                                        national governing body and 
                                        paralympic sports 
                                        organization''; and
                                            (cc) in subparagraph 
                                        (F)(i)--

                                                    (AA) by striking 
                                                ``, or an adult'' and 
                                                inserting ``or an 
                                                adult'';

                                                    (BB) by striking 
                                                ``, paralympic sports 
                                                organization,''; and

                                                    (CC) by striking 
                                                ``, paralympic sports 
                                                organizations,''.

                    (B) The table of sections for chapter 2205 of title 
                36, United States Code, is amended by striking the item 
                relating to section 220521 and inserting the following:

``220521. Certification of national governing bodies.''.
    (b) Eligibility Requirements With Respect to Governing Boards.--
Section 220522 of title 36, United States Code, as amended by 
subsection (a)(2), is further amended--
            (1) in paragraph (2), by inserting ``, including the 
        ability to provide and enforce required athlete protection 
        policies and procedures'' before the semicolon;
            (2) in paragraph (4)(B)--
                    (A) by striking ``conducted in accordance with the 
                Commercial Rules of the American Arbitration 
                Association'' and inserting ``which arbitration under 
                this paragraph shall be conducted in accordance with 
                the standard commercial arbitration rules of an 
                established major national provider of arbitration and 
                mediation services based in the United States and 
                designated by the corporation with the concurrence of 
                the Athletes' Advisory Council and the National 
                Governing Bodies' Council''; and
                    (B) by striking ``Commercial Rules of Arbitration'' 
                and inserting ``standard commercial rules of 
                arbitration of such designated provider'';
            (3) in paragraph (5), in the matter preceding subparagraph 
        (A), by inserting ``except with respect to the oversight of the 
        organization,'' after ``sport,'';
            (4) by redesignating paragraphs (10) through (15) as 
        paragraphs (11) through (16), respectively;
            (5) by inserting after paragraph (9) the following:
            ``(10) ensures that the selection criteria for individuals 
        and teams that represent the United States are--
                    ``(A) fair, as determined by the corporation in 
                consultation with the national governing bodies, the 
                Athletes' Advisory Council, and the United States 
                Olympians and Paralympians Association;
                    ``(B) clearly articulated in writing and properly 
                communicated to athletes in a timely manner; and
                    ``(C) consistently applied, using objective and 
                subjective criteria appropriate to the applicable 
                sport;'';
            (6) by striking paragraph (13), as so redesignated, and 
        inserting the following:
            ``(13) demonstrates, based on guidelines approved by the 
        corporation, the Athletes' Advisory Council, and the National 
        Governing Bodies' Council, that--
                    ``(A) its board of directors and other such 
                governing boards have established criteria and election 
                procedures for, and maintain among their voting 
                members, individuals who--
                            ``(i) are elected by amateur athletes; and
                            ``(ii) are actively engaged in amateur 
                        athletic competition, or have represented the 
                        United States in international amateur athletic 
                        competition, in the sport for which 
                        certification is sought;
                    ``(B) any exception to such guidelines by such 
                organization has been approved by--
                            ``(i) the corporation; and
                            ``(ii) the Athletes' Advisory Council; and
                    ``(C) the voting power held by such individuals is 
                not less than \1/3\ of the voting power held by its 
                board of directors and other such governing boards;'';
            (7) in paragraph (15), as so redesignated, by striking ``; 
        and'' and inserting a semicolon;
            (8) in paragraph (16), as so redesignated, by striking the 
        period at the end and inserting a semicolon; and
            (9) by adding at the end the following:
            ``(17) commits to submitting annual reports to the 
        corporation that include, for each calendar year--
                    ``(A) a description of the manner in which the 
                organization--
                            ``(i) carries out the mission to promote a 
                        safe environment in sports that is free from 
                        abuse of amateur athletes (including emotional, 
                        physical, and sexual abuse); and
                            ``(ii) addresses any sanctions or temporary 
                        measures required by the Center;
                    ``(B) a description of any cause of action or 
                complaint filed against the organization that was 
                pending or settled during the preceding calendar year; 
                and
                    ``(C) a detailed statement of--
                            ``(i) the income and expenses of the 
                        organization; and
                            ``(ii) the amounts expended on stipends, 
                        bonuses, and services for amateur athletes, 
                        organized by the level and gender of the 
                        amateur athletes;
            ``(18) commits to meeting any minimum standard or 
        requirement set forth by the corporation; and
            ``(19) provides protection from retaliation to protected 
        individuals.''.
    (c) General Duties of National Governing Bodies.--Section 220524 of 
title 36, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``For the sport'' and inserting the following:
    ``(a) In General.--For the sport'';
            (2) in subsection (a), as so designated--
                    (A) in paragraph (8), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(10) develop one or more policies that prohibit any 
        individual who is an employee, contractor, or agent of the 
        national governing body from assisting a member or former 
        member in obtaining a new job (except for the routine 
        transmission of administrative and personnel files) if the 
        individual knows that such member or former member violated the 
        policies or procedures of the Center related to sexual 
        misconduct or was convicted of a crime involving sexual 
        misconduct with a minor in violation of applicable law or the 
        policies or procedures of the Center;
            ``(11) promote a safe environment in sports that is free 
        from abuse of any amateur athlete, including emotional, 
        physical, and sexual abuse;
            ``(12) take care to promote a safe environment in sports 
        using information relating to any temporary measure or sanction 
        issued pursuant to the authority of the Center;
            ``(13) immediately report to law enforcement any allegation 
        of child abuse of an amateur athlete who is a minor; and
            ``(14) have in place policies and procedures to report 
        immediately any allegation of child abuse of an amateur 
        athlete, consistent with--
                    ``(A) the policies and procedures developed under 
                subparagraph (C) of section 220541(a)(1); and
                    ``(B) the requirement described in paragraph (2)(A) 
                of section 220542(a).''; and
            (3) by adding at the end the following:
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to preempt or otherwise abrogate the duty of care of a 
national governing body under State law or the common law.''.
    (d) Elimination of Exhaustion of Remedies Requirement.--Section 
220527 of title 36, United States Code, is amended--
            (1) by striking subsection (b);
            (2) in subsection (c), by striking ``If the corporation'' 
        and all that follows through ``subsection (b)(1) of this 
        section, it'' and inserting ``The corporation''; and
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.
    (e) Arbitration of Corporation Determinations.--Section 220529(a) 
of title 36, United States Code, is amended by striking ``any regional 
office of the American Arbitration Association'' and inserting ``the 
arbitration and mediation provider designated by the corporation under 
section 220522(a)(4)''.
    (f) Ensure Limitations on Communications Are Included in 
Limitations on Interactions.--Section 220530(a) of title 36, United 
States Code, is amended--
            (1) in paragraph (2), by inserting ``, including 
        communications,'' after ``interactions''; and
            (2) in paragraph (4), by striking ``makes'' and all that 
        follows through the period at the end and inserting the 
        following: ``makes--
                    ``(A) a report under paragraph (1); or
                    ``(B) any other report relating to abuse of any 
                amateur athlete, including emotional, physical, and 
                sexual abuse.''.

SEC. 8. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT.

    (a) Designation of United States Center for SafeSport.--
            (1) In general.--Section 220541 of title 36, United States 
        Code, is amended--
                    (A) in the section heading by striking ``safe 
                sport'' and inserting ``safesport'';
                    (B) by amending subsection (a) to read as follows:
    ``(a) Duties of Center.--
            ``(1) In general.--The United States Center for SafeSport 
        shall--
                    ``(A) serve as the independent national safe sport 
                organization and be recognized worldwide as the 
                independent national safe sport organization for the 
                United States;
                    ``(B) exercise jurisdiction over the corporation 
                and each national governing body with regard to 
                safeguarding amateur athletes against abuse, including 
                emotional, physical, and sexual abuse, in sports;
                    ``(C) maintain an office for education and outreach 
                that shall develop training, oversight practices, 
                policies, and procedures to prevent the abuse, 
                including emotional, physical, and sexual abuse, of 
                amateur athletes participating in amateur athletic 
                activities through national governing bodies;
                    ``(D) maintain an office for response and 
                resolution that shall establish mechanisms that allow 
                for the reporting, investigation, and resolution, 
                pursuant to subsection (c), of alleged sexual abuse in 
                violation of the Center's policies and procedures;
                    ``(E) ensure that the mechanisms under subparagraph 
                (D) provide fair notice and an opportunity to be heard 
                and protect the privacy and safety of complainants;
                    ``(F) maintain an office for compliance and audit 
                that shall--
                            ``(i) ensure that the national governing 
                        bodies and the corporation implement and follow 
                        the policies and procedures developed by the 
                        Center to prevent and promptly report instances 
                        of abuse of amateur athletes, including 
                        emotional, physical, and sexual abuse; and
                            ``(ii) establish mechanisms that allow for 
                        the reporting and investigation of alleged 
                        violations of such policies and procedures;
                    ``(G) publish and maintain a publicly accessible 
                internet website that contains a comprehensive list of 
                adults who are barred by the Center; and
                    ``(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 than provides procedural due 
                process to the individual, including, at a minimum--
                            ``(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 arbitration, interim 
                        measures or sanctions imposed by the Center.
            ``(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 or arbitration;
                    ``(B) to require the Center to meet a burden of 
                proof higher than the preponderance of the evidence;
                    ``(C) to give rise to a claim under State law or to 
                create a private right of action; or
                    ``(D) to render the Center a state actor.'';
                    (C) in subsection (b), by striking ``subsection 
                (a)(3)'' and inserting ``subsection (a)(1)(C)'';
                    (D) in subsection (d), as amended by section 
                7(a)(2)--
                            (i) in paragraph (3), by inserting after 
                        subparagraph (B) the following:
                    ``(C) the corporation;'';
                            (ii) by redesignating paragraph (3) as 
                        paragraph (4); and
                            (iii) by inserting after paragraph (2) the 
                        following:
            ``(3) Removal to federal court.--
                    ``(A) In general.--Any civil action brought in a 
                State court against the Center relating to the 
                responsibilities of the Center under this section, 
                section 220542, or section 220543, shall be removed, on 
                request by the Center, to the district court of the 
                United States in the district in which the action was 
                brought, and such district court shall have original 
                jurisdiction over the action without regard to the 
                amount in controversy or the citizenship of the parties 
                involved.
                    ``(B) Rule of construction.--Nothing in this 
                chapter shall be construed to create a private right of 
                action.''; and
                    (E) by adding at the end the following:
    ``(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; and
            ``(2) not less frequently than every 3 years, update such 
        training materials.
    ``(f) Independence.--
            ``(1) Prohibition with respect to former employees and 
        board members.--A former employee or board member of the 
        corporation or a national governing body shall not work or 
        volunteer at the Center during the 2-year period beginning on 
        the date on which the former employee or board member ceases 
        employment with the corporation or national governing body.
            ``(2) Athletes serving on board of directors of national 
        governing body.--
                    ``(A) In general.--An athlete serving on the board 
                of directors of a national governing body who is not 
                otherwise employed by the national governing body, may 
                volunteer at, or serve in an advisory capacity to, the 
                Center.
                    ``(B) Ineligibility for employment.--An athlete who 
                has served on the board of directors of a national 
                governing body shall not be eligible for employment at 
                the Center during the 2-year period beginning on the 
                date on which the athlete ceases to serve on such board 
                of directors.
            ``(3) Conflicts of interest.--An executive or attorney for 
        the Center shall be considered to have an inappropriate 
        conflict of interest if the executive or attorney also 
        represents the corporation or a national governing body.
            ``(4) Investigations.--
                    ``(A) In general.--The corporation and the national 
                governing bodies shall not interfere in, or attempt to 
                influence the outcome of, an investigation.
                    ``(B) Report.--In the case of an attempt to 
                interfere in, or influence the outcome of, an 
                investigation, not later than 72 hours after such 
                attempt, the Center shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives a report describing the attempt.
                    ``(C) Work product.--
                            ``(i) In general.--Any decision, report, 
                        memorandum, work product, notes, or case file 
                        of the Center--
                                    ``(I) shall be confidential; and
                                    ``(II) shall not be subject to 
                                discovery, subpoena, or any other means 
                                of legal compulsion in any civil action 
                                in which the Center is not a party to 
                                the action.
                            ``(ii) Rule of construction.--Nothing in 
                        this subparagraph shall be construed to 
                        prohibit the Center from providing work product 
                        described in clause (i) to a law enforcement 
                        agency for the purpose of assisting in a 
                        criminal investigation.
    ``(g) Funding.--
            ``(1) Mandatory payments.--
                    ``(A) Fiscal year 2020.--Not later than 30 days 
                after the date of the enactment of this subsection, the 
                corporation shall make a mandatory payment of 
                $20,000,000 to the Center for operating costs of the 
                Center for fiscal year 2020.
                    ``(B) Subsequent fiscal years.--Beginning on 
                January 1, 2020, the corporation shall make a mandatory 
                payment of $20,000,000 to the Center on January 1 each 
                year for operating costs of the Center.
            ``(2) Funds from national governing bodies.--The 
        corporation may use funds received from one or more national 
        governing bodies to make a mandatory payment required by 
        paragraph (1).
            ``(3) Failure to comply.--
                    ``(A) In general.--The Center may file a lawsuit to 
                compel payment under paragraph (1).
                    ``(B) Penalty.--For each day of late or incomplete 
                payment of a mandatory payment under paragraph (1) 
                after January 1 of the applicable year, the Center 
                shall be allowed to recover from the corporation an 
                additional $20,000.
            ``(4) Accountability.--
                    ``(A) In general.--Amounts transferred to the 
                Center by the corporation or a national governing body 
                shall be used, in accordance with section 220503(15), 
                primarily for the purpose of carrying out the duties 
                and requirements under sections 220541 through 220543 
                with respect to the investigation and resolution of 
                allegations of sexual misconduct, or other misconduct, 
                made by amateur athletes.
                    ``(B) Use of funds.--
                            ``(i) In general.--Of the amounts made 
                        available to the Center by the corporation or a 
                        national governing body in a fiscal year for 
                        the purpose described in section 220503(15)--
                                    ``(I) not less than 50 percent 
                                shall be used for processing the 
                                investigation and resolution of 
                                allegations described in subparagraph 
                                (A); and
                                    ``(II) not more than 10 percent may 
                                be used for executive compensation of 
                                officers and directors of the Center.
                            ``(ii) Reserve funds.--
                                    ``(I) In general.--If, after the 
                                Center uses the amounts as allocated 
                                under clause (i), the Center does not 
                                use the entirety of the remaining 
                                amounts for the purpose described in 
                                subparagraph (A), the Center may retain 
                                not more than 25 percent of such 
                                amounts as reserve funds.
                                    ``(II) Return of funds.--The Center 
                                shall return to the corporation and 
                                national governing bodies any amounts, 
                                proportional to the contributions of 
                                the corporation and national governing 
                                bodies, that remain after the retention 
                                described in subclause (I).
                            ``(iii) Lobbying and fundraising.--Amounts 
                        made available to the Center under this 
                        paragraph may not be used for lobbying or 
                        fundraising expenses.
    ``(h) Compliance Audits.--
            ``(1) In general.--Not less frequently than annually, the 
        Center shall carry out an audit of the corporation and each 
        national governing body--
                    ``(A) to assess compliance with policies and 
                procedures developed under this subchapter; and
                    ``(B) to ensure that consistent training relating 
                to the prevention of child abuse is provided to all 
                staff of the corporation and national governing bodies 
                who are in regular contact with amateur athletes and 
                members who are minors subject to parental consent.
            ``(2) Corrective measures.--
                    ``(A) In general.--The Center may impose on the 
                corporation or a national governing body a corrective 
                measure to achieve compliance with the policies and 
                procedures developed under this subchapter or the 
                training requirement described in paragraph (1)(B).
                    ``(B) Inclusions.--A corrective measure imposed 
                under subparagraph (A) may include the implementation 
                of an athlete safety program or specific policies, 
                additional compliance audits or training, and the 
                imposition of a probationary period.
                    ``(C) Enforcement.--
                            ``(i) In general.--On request by the 
                        Center, the corporation shall--
                                    ``(I) enforce any corrective 
                                measure required under subparagraph 
                                (A); and
                                    ``(II) report the status of 
                                enforcement with respect to a national 
                                governing body within a reasonable 
                                timeframe.
                            ``(ii) Methods.--The corporation may 
                        enforce a corrective measure through any means 
                        available to the corporation, including by 
                        withholding funds from a national governing 
                        body, limiting the participation of the 
                        national governing body in corporation events, 
                        and decertifying a national governing body.
                            ``(iii) Effect of noncompliance.--If the 
                        corporation fails to enforce a corrective 
                        measure within 72 hours of a request under 
                        clause (i), the Center may submit to the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate and the Committee 
                        on Energy and Commerce of the House of 
                        Representatives a report describing the 
                        noncompliance.
            ``(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.
                    ``(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.
    ``(i) Reports to Corporation.--Not later than 30 days after the end 
of each calendar quarter that begins after the date of the enactment of 
the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, 
the Center shall submit to the corporation a statement of the 
following:
            ``(1) The number and nature of misconduct complaints 
        referred to the Center, by sport.
            ``(2) The number and type of pending misconduct complaints 
        under investigation by the Center.
            ``(3) The number of misconduct complaints for which an 
        investigation was terminated or otherwise closed by the Center.
            ``(4) The number of such misconduct complaints reported to 
        law enforcement agencies by the Center for further 
        investigation.
            ``(5) The number of discretionary cases accepted or 
        declined by the Center, by sport.
            ``(6) The average time required for resolution of such 
        cases and misconduct complaints.
            ``(7) Information relating to the educational activities 
        and trainings conducted by the office of education and outreach 
        of the Center during the preceding quarter, including the 
        number of educational activities and trainings developed and 
        provided.
    ``(j) Certifications of Independence.--
            ``(1) In general.--Not later than 180 days after the end of 
        a fiscal year, the Comptroller General of the United States 
        shall make available to the public a certification relating to 
        the Center's independence from the corporation.
            ``(2) Elements.--A certification required by paragraph (1) 
        shall include the following:
                    ``(A) A finding of whether a violation of a 
                prohibition on employment of former employees or board 
                members of the corporation under subsection (f) has 
                occurred during the year preceding the certification.
                    ``(B) A finding of whether an executive or attorney 
                for the Center has had an inappropriate conflict of 
                interest during that year.
                    ``(C) A finding of whether the corporation has 
                interfered in, or attempted to influence the outcome 
                of, an investigation by the Center.
                    ``(D) Any recommendations of the Comptroller 
                General for resolving any potential risks to the 
                Center's independence from the corporation.
            ``(3) Authority of comptroller general.--
                    ``(A) In general.--The Comptroller General may take 
                such reasonable steps as, in the view of the 
                Comptroller General, are necessary to be fully informed 
                about the operations of the corporation and the Center.
                    ``(B) Specific authorities.--The Comptroller 
                General shall have--
                            ``(i) access to, and the right to make 
                        copies of, any and all nonprivileged books, 
                        records, accounts, correspondence, files, or 
                        other documents or electronic records, 
                        including emails, of officers, agents, and 
                        employees of the Center or the corporation; and
                            ``(ii) the right to interview any officer, 
                        employee, agent, or consultant of the Center or 
                        the corporation.
                    ``(C) Treatment of privileged information.--If, 
                under this subsection, the Comptroller General seeks 
                access to information contained within privileged 
                documents or materials in the possession of the Center 
                or the corporation, the Center or the corporation, as 
                the case may be, shall, to the maximum extent 
                practicable, provide the Comptroller General with the 
                information without compromising the applicable 
                privilege.''.
            (2) Technical and conforming amendments.--
                    (A) Subchapter IV of chapter 2205 of title 36, 
                United States Code, as redesignated by section 5(a)(1), 
                is amended in the subchapter heading by striking ``SAFE 
                SPORT'' and inserting ``SAFESPORT''.
                    (B) The table of sections for chapter 2205 of title 
                36, United States Code, is amended by striking the item 
                relating to section 220541 and inserting the following:

``220541. Designation of United States Center for SafeSport.''.
    (b) Additional Duties of Center.--Section 220542 of title 36, 
United States Code, is amended--
            (1) in the section heading, by striking the period at the 
        end; and
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``; and'' and 
                inserting a semicolon; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        clauses (i) and (ii) and inserting the 
                        following:
                            ``(i) law enforcement consistent with 
                        section 226 of the Victims of Child Abuse Act 
                        of 1990 (34 U.S.C. 20341); and
                            ``(ii) the Center, whenever such members or 
                        adults learn of facts leading them to suspect 
                        reasonably that an amateur athlete who is a 
                        minor has suffered an incident of child 
                        abuse;'';
                            (ii) by redesignating subparagraphs (B) 
                        through (F) as subparagraphs (E) through (I), 
                        respectively;
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) a requirement that the Center shall 
                immediately report to law enforcement consistent with 
                section 226 of the Victims of Child Abuse Act of 1990 
                (34 U.S.C. 20341) any allegation of child abuse of an 
                amateur athlete who is a minor, including any report of 
                such abuse submitted to the Center by a minor or by any 
                person who is not otherwise required to report such 
                abuse;
                    ``(C) one or more policies that prohibit any 
                individual who is an employee, contractor, or agent of 
                the Center from assisting a member or former member in 
                obtaining a new job (except for the routine 
                transmission of administrative and personnel files) if 
                the individual knows that such member or former member 
                violated the policies or procedures of the Center 
                related to sexual misconduct or was convicted of a 
                crime involving sexual misconduct with a minor in 
                violation of applicable law;
                    ``(D) a requirement that the Center, including any 
                officer, agent, attorney, or staff member of the 
                Center, shall not take any action to notify an alleged 
                perpetrator of abuse of an amateur athlete of any 
                ongoing investigation or accusation unless--
                            ``(i) the Center has reason to believe an 
                        imminent hazard will result from failing to so 
                        notify the alleged perpetrator; or
                            ``(ii) law enforcement--
                                    ``(I) authorizes the Center to take 
                                such action; or
                                    ``(II) declines or fails to act on, 
                                or fails to respond to the Center with 
                                respect to, the allegation within 72 
                                hours after the time at which the 
                                Center reports to law enforcement under 
                                subparagraph (B);'';
                            (iv) in subparagraph (F), as so 
                        redesignated, by inserting ``, including 
                        communications,'' after ``interactions'';
                            (v) by amending subparagraph (G), as so 
                        redesignated, to read as follows:
                    ``(G) procedures to prohibit retaliation by the 
                corporation or any national governing body against any 
                individual who makes--
                            ``(i) a report under subparagraph (A) or 
                        (E); or
                            ``(ii) any other report relating to abuse 
                        of any amateur athlete, including emotional, 
                        physical, and sexual abuse;'';
                            (vi) in subparagraph (H), as so 
                        redesignated, by striking ``; and'' and 
                        inserting a semicolon;
                            (vii) in subparagraph (I), as so 
                        redesignated, by striking the period at the end 
                        of clause (ii) and inserting a semicolon; and
                            (viii) by adding at the end the following:
                    ``(J) a prohibition on the use in a decision of the 
                Center under section 220541(a)(1)(D) of any evidence 
                relating to other sexual behavior or the sexual 
                predisposition of the alleged victim, or the admission 
                of any such evidence in arbitration, unless the 
                probative value of the use or admission of such 
                evidence, as determined by the Center or the 
                arbitrator, as applicable, substantially outweighs the 
                danger of--
                            ``(i) any harm to the alleged victim; and
                            ``(ii) unfair prejudice to any party; and
                    ``(K) training for investigators on appropriate 
                methods and techniques for ensuring sensitivity toward 
                alleged victims during interviews and other 
                investigative activities.''.
    (c) Records, Audits, and Reports.--Section 220543 of title 36, 
United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Audits and Transparency.--
            ``(1) Annual audit.--
                    ``(A) In general.--Not less frequently than 
                annually, the financial statements of the Center for 
                the preceding fiscal year shall be audited by an 
                independent auditor in accordance with generally 
                accepted accounting principles--
                            ``(i) to ensure the adequacy of the 
                        internal controls of the Center; and
                            ``(ii) to prevent waste, fraud, or misuse 
                        of funds transferred to the Center by the 
                        corporation or the national governing bodies.
                    ``(B) Location.--An audit under subparagraph (A) 
                shall be conducted at the location at which the 
                financial statements of the Center normally are kept.
                    ``(C) Report.--Not later than 180 days after the 
                date on which an audit under subparagraph (A) is 
                completed, the independent auditor shall issue an audit 
                report.
                    ``(D) Corrective action plan.--
                            ``(i) In general.--On completion of the 
                        audit report under subparagraph (C) for a 
                        fiscal year, the Center shall prepare, in a 
                        separate document, a corrective action plan 
                        that responds to any corrective action 
                        recommended by the independent auditor.
                            ``(ii) Matters to be included.--A 
                        corrective action plan under clause (i) shall 
                        include the following for each such corrective 
                        action:
                                    ``(I) The name of the person 
                                responsible for the corrective action.
                                    ``(II) A description of the planned 
                                corrective action.
                                    ``(III) The anticipated completion 
                                date of the corrective action.
                                    ``(IV) In the case of a recommended 
                                corrective action based on a finding in 
                                the audit report with which the Center 
                                disagrees, or for which the Center 
                                determines that corrective action is 
                                not required, an explanation and a 
                                specific reason for noncompliance with 
                                the recommendation.
            ``(2) Access to records and personnel.--With respect to an 
        audit under paragraph (1), the Center shall provide the 
        independent auditor access to all records, documents, and 
        personnel and financial statements of the Center necessary to 
        carry out the audit.
            ``(3) Public availability.--
                    ``(A) In general.--The Center shall make available 
                to the public on an easily accessible internet website 
                of the Center--
                            ``(i) each audit report under paragraph 
                        (1)(C);
                            ``(ii) the Internal Revenue Service Form 
                        990 of the Center for each year, filed under 
                        section 501(c) of the Internal Revenue Code of 
                        1986; and
                            ``(iii) the minutes of the quarterly 
                        meetings of the board of directors of the 
                        Center.
                    ``(B) Personally identifiable information.--An 
                audit report or the minutes made available under 
                subparagraph (A) shall not include the personally 
                identifiable information of any individual.
            ``(4) Rule of construction.--For purposes of this 
        subsection, the Center shall be considered a private entity.
    ``(c) Report.--The Center shall submit an annual report to 
Congress, including--
            ``(1) a strategic plan with respect to the manner in which 
        the Center shall fulfill its duties under sections 220541 and 
        220542;
            ``(2) a detailed description of the efforts made by the 
        Center to comply with such strategic plan during the preceding 
        year;
            ``(3) any financial statement necessary to present fairly 
        the assets, liabilities, and surplus or deficit of the Center 
        for the preceding year;
            ``(4) an analysis of the changes in the amounts of such 
        assets, liabilities, and surplus or deficit during the 
        preceding year;
            ``(5) a detailed description of Center activities, 
        including--
                    ``(A) the number and nature of misconduct 
                complaints referred to the Center;
                    ``(B) the total number and type of pending 
                misconduct complaints under investigation by the 
                Center;
                    ``(C) the number of misconduct complaints for which 
                an investigation was terminated or otherwise closed by 
                the Center; and
                    ``(D) the number of such misconduct complaints 
                reported to law enforcement agencies by the Center for 
                further investigation;
            ``(6) a detailed description of any complaint of 
        retaliation made during the preceding year by an officer or 
        employee of the Center or a contractor or subcontractor of the 
        Center that includes--
                    ``(A) the number of such complaints; and
                    ``(B) the outcome of each such complaint;
            ``(7) information relating to the educational activities 
        and trainings conducted by the office of education and outreach 
        of the Center during the preceding year, including the number 
        of educational activities and trainings developed and provided; 
        and
            ``(8) a description of the activities of the Center.
    ``(d) Definitions.--In this section--
            ``(1) `audit report' means a report by an independent 
        auditor that includes--
                    ``(A) an opinion or a disclaimer of opinion that 
                presents the assessment of the independent auditor with 
                respect to the financial records of the Center, 
                including whether such records are accurate and have 
                been maintained in accordance with generally accepted 
                accounting principles;
                    ``(B) an assessment of the internal controls used 
                by the Center that describes the scope of testing of 
                the internal controls and the results of such testing; 
                and
                    ``(C) a compliance assessment that includes an 
                opinion or a disclaimer of opinion as to whether the 
                Center has complied with the terms and conditions of 
                subsection (b); and
            ``(2) `independent auditor' means an independent certified 
        public accountant or independent licensed public accountant, 
        certified or licensed by a regulatory authority of a State or a 
        political subdivision of a State, who meets the standards 
        specified in generally accepted accounting principles.''.

SEC. 9. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES.

    Section 362(b) of title 11, United States Code, is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after paragraph (28) the following:
            ``(29) under subsection (a)(1) of this section, of any 
        action by--
                    ``(A) an amateur sports organization, as defined in 
                section 220501(b) of title 36, to replace a national 
                governing body, as defined in that section, under 
                section 220528 of that title; or
                    ``(B) the corporation, as defined in section 
                220501(b) of title 36, to revoke the certification of a 
                national governing body, as defined in that section, 
                under section 220521 of that title.''.

SEC. 10. ENHANCED CHILD ABUSE REPORTING.

    Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34 
U.S.C. 20341(c)(9)) is amended--
            (1) by striking ``adult who is authorized'' and inserting 
        the following: ``adult who--
                    ``(A) is authorized'';
            (2) in subparagraph (A), as so designated, by inserting 
        ``or'' after the semicolon at the end; and
            (3) by adding at the end the following:
                    ``(B) is an employee or representative of the 
                United States Center for SafeSport;''.

SEC. 11. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS.

    (a) Establishment.--There is established within the legislative 
branch a commission, to be known as the ``Commission on the State of 
U.S. Olympics and Paralympics'' (referred to in this section as the 
``Commission'').
    (b) Composition.--
            (1) In general.--The Commission shall be composed of 16 
        members, of whom--
                    (A) 4 members shall be appointed by the chairman of 
                the Committee on Commerce, Science, and Transportation 
                of the Senate;
                    (B) 4 members shall be appointed by the ranking 
                member of the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) 4 members shall be appointed by the chairman of 
                the Committee on Energy and Commerce of the House of 
                Representatives; and
                    (D) 4 members shall be appointed by the ranking 
                member of the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Co-chairs.--Of the members of the Commission--
                    (A) 1 co-chair shall be designated by the chairman 
                of the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) 1 co-chair shall be designated by the chairman 
                of the Committee on Energy and Commerce of the House of 
                Representatives.
            (3) Qualifications.--
                    (A) In general.--Each member appointed to the 
                Commission shall have the following qualifications:
                            (i) Experience in one or more of the 
                        following:
                                    (I) Amateur, Olympic and 
                                Paralympic, or professional athletics.
                                    (II) Elite athletic coaching.
                                    (III) Public service relating to 
                                sports.
                                    (IV) Professional advocacy for 
                                increased minority participation in 
                                sports.
                                    (V) Olympic and Paralympic sports 
                                administration or professional sports 
                                administration.
                            (ii) Expertise in bullying prevention and 
                        the promotion of a healthy organizational 
                        culture.
                    (B) Olympic or paralympic athletes.--Not fewer than 
                8 members appointed under paragraph (1) shall be 
                current or former Olympic or Paralympic athletes.
    (c) Initial Meeting.--Not later than 30 days after the date on 
which the last member is appointed under paragraph (1), the Commission 
shall hold an initial meeting.
    (d) Quorum.--Eleven members of the Commission shall constitute a 
quorum.
    (e) No Proxy Voting.--Proxy voting by members of the Commission 
shall be prohibited.
    (f) Staff.--The co-chairs of the Commission shall appoint an 
executive director of the Commission, and such staff as appropriate, 
with compensation.
    (g) Public Hearings.--The Commission shall hold 1 or more public 
hearings.
    (h) Travel Expenses.--Members of the Commission shall serve without 
pay, but shall receive travel expenses in accordance with sections 5702 
and 5703 of title 5, United States Code.
    (i) Duties of Commission.--
            (1) Study.--
                    (A) In general.--The Commission shall conduct a 
                study on matters relating to the state of United States 
                participation in the Olympic and Paralympic Games.
                    (B) Matters studied.--The study under subparagraph 
                (A) shall include--
                            (i) a review of the most recent reforms 
                        undertaken by the United States Olympic and 
                        Paralympic Committee;
                            (ii) a description of proposed reforms to 
                        the structure of the United States Olympic and 
                        Paralympic Committee;
                            (iii) an assessment as to whether the board 
                        of directors of the United States Olympic and 
                        Paralympic Committee includes diverse members, 
                        including athletes;
                            (iv) an assessment of United States athlete 
                        participation levels in the Olympic and 
                        Paralympic Games;
                            (v) a description of the status of any 
                        United States Olympic and Paralympic Committee 
                        licensing arrangement;
                            (vi) an assessment as to whether the United 
                        States is achieving the goals for the Olympic 
                        and Paralympic Games set by the United States 
                        Olympic and Paralympic Committee;
                            (vii) an analysis of the participation in 
                        amateur athletics of--
                                    (I) women;
                                    (II) disabled individuals; and
                                    (III) minorities;
                            (viii) a description of ongoing efforts by 
                        the United States Olympic and Paralympic 
                        Committee to recruit the Olympic and Paralympic 
                        Games to the United States;
                            (ix) an evaluation of the functions of the 
                        national governing bodies (as defined in 
                        section 220501 of title 36, United States Code) 
                        and an analysis of the responsiveness of the 
                        national governing bodies to athletes with 
                        respect to the duties of the national governing 
                        bodies under section 220524(a)(3) of title 36, 
                        United States Code; and
                            (x) an assessment of the finances and the 
                        financial organization of the United States 
                        Olympic and Paralympic Committee.
            (2) Report.--
                    (A) In general.--Not later than 270 days after the 
                date of the enactment of this Act, the Commission shall 
                submit to Congress a report on the results of the study 
                conducted under paragraph (1), including a detailed 
                statement of findings, conclusions, recommendations, 
                and suggested policy changes.
                    (B) Public availability.--The report required by 
                subparagraph (A) shall be made available to the public 
                on an internet website of the United States Government 
                that is available to the public.
    (j) Powers of Commission.--
            (1) Subpoena authority.--The Commission may subpoena an 
        individual the testimony of whom may be relevant to the purpose 
        of the Commission.
            (2) Furnishing information.--On request by the executive 
        director of the Commission, the head of a Federal agency shall 
        furnish information to the Commission.
    (k) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report under 
subsection (i)(2).
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 12. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is 
determined to be unenforceable or invalid, the remaining provisions of 
this Act and the amendments made by this Act shall not be affected.
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