[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2330 Enrolled Bill (ENR)]

        S.2330

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 An Act


 
 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.
        ``(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\ 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 1 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 1 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 that 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 and the 
        Committee on the Judiciary 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 2021.--On January 4, 2021, the 
        corporation shall make a mandatory payment of $20,000,000 to 
        the Center for operating costs of the Center for fiscal year 
        2021.
            ``(B) Subsequent fiscal years.--For fiscal year 2022 and 
        each fiscal year thereafter, the corporation shall make a 
        mandatory payment of $20,000,000 to the Center not later than 
        the close of business on the first regular business day in 
        January.
        ``(2) Funds from national governing bodies.--The corporation 
    may use funds received from 1 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 and the 
            Committee on the Judiciary 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) 1 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 1 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.--11 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.