[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.