[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2330 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
2d Session
S. 2330
_______________________________________________________________________
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 220501''.
Committee.
SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC
COMMITTEE AND NATIONAL GOVERNING BODIES.
(a) In General.--Chapter 2205 of title 36, United States Code, is
amended--
(1) by redesignating the second subchapter designated as
subchapter III (relating to the United States Center for
SafeSport), as added by section 202 of the Protecting Young
Victims from Sexual Abuse and Safe Sport Authorization Act of
2017 (Public Law 115-126; 132 Stat. 320) as subchapter IV; and
(2) by adding at the end the following:
``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND
TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES
``Sec. 220551. Definitions
``In this subchapter, the term `joint resolution' means a joint
resolution--
``(1) which does not have a preamble; and
``(2) for which--
``(A)(i) the title is only as follows: `A joint
resolution to dissolve the board of directors of the
United States Olympic and Paralympic Committee'; and
``(ii) the matter after the resolving clause--
``(I) is as follows: `That Congress finds
that dissolving the board of directors of the
United States Olympic and Paralympic Committee
would not unduly interfere with the operations
of chapter 2205 of title 36, United States
Code'; and
``(II) prescribes adequate procedures for
forming a board of directors of the corporation
as expeditiously as possible and in a manner
that safeguards the membership and voting power
of the representatives of amateur athletes at
all times, consistent with the membership and
voting power of amateur athletes under section
220504(b)(2); or
``(B)(i) the title is only as follows: `A joint
resolution relating to terminating the recognition of a
national governing body'; and
``(ii) the matter after the resolving clause is
only as follows: `That Congress determines that
_________, which is recognized as a national governing
body under section 220521 of title 36, United States
Code, has failed to fulfill its duties, as described in
section 220524 of title 36, United States Code', the
blank space being filled in with the name of the
applicable national governing body.
``Sec. 220552. Dissolution of board of directors of corporation and
termination of recognition of national governing bodies
``(a) Dissolution of Board of Directors of Corporation.--Effective
on the date of enactment of a joint resolution described in section
220551(2)(A) with respect to the board of directors of the corporation,
such board of directors shall be dissolved.
``(b) Termination of Recognition of National Governing Body.--
Effective on the date of enactment of a joint resolution described in
section 220551(2)(B) with respect to a national governing body, the
recognition of the applicable amateur sports organization as a national
governing body shall cease to have force or effect.''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 2205 of title 36, United States Code, is amended--
(1) by striking the second item relating to subchapter III
(relating to the United States Center for SafeSport), as added
by section 202 of the Protecting Young Victims from Sexual
Abuse and Safe Sport Authorization Act of 2017 (Public Law 115-
126; 132 Stat. 320) and inserting the following:
``subchapter iv--united states center for safesport''; and
(2) by adding at the end the following:
``subchapter v--dissolution of board of directors of corporation and
termination of recognition of national governing bodies
``220551. Definitions.
``220552. Dissolution of board of directors of corporation and
termination of recognition of national
governing bodies.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act.
SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC
COMMITTEE.
(a) Purposes of the Corporation.--Section 220503 of title 36,
United States Code, is amended--
(1) in paragraph (9), by inserting ``and access to'' after
``development of'';
(2) in paragraph (14), by striking ``; and'' and inserting
a semicolon;
(3) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(16) to effectively oversee the national governing bodies
with respect to compliance with and implementation of the
policies and procedures of the corporation, including policies
and procedures on the establishment of a safe environment in
sports as described in paragraph (15).''.
(b) Membership and Representation.--Section 220504 of title 36,
United States Code, is amended--
(1) in subsection (a), by inserting ``, and membership
shall be available only to national governing bodies'' before
the period at the end;
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States
in international amateur athletic competition, including
through provisions that--
``(A) establish and maintain an Athletes' Advisory
Council;
``(B) ensure that the chair of the Athletes'
Advisory Council, or the designee of the chair, holds
voting power on the board of directors of the
corporation and in the committees and entities of the
corporation;
``(C) require that--
``(i) not less than \1/3\ of the membership
of the board of directors of the corporation
shall be composed of, and elected by, such
amateur athletes; and
``(ii) not less than 20 percent of the
membership of the board of directors of the
corporation shall be composed of amateur
athletes who--
``(I) are actively engaged in
representing the United States in
international amateur athletic
competition; or
``(II) have represented the United
States in international amateur
athletic competition during the
preceding 10-year period; and
``(D) ensure that the membership and voting power
held by such amateur athletes is not less than \1/3\
percent of the membership and voting power held in the
board of directors of the corporation and in the
committees and entities of the corporation, including
any panel empowered to resolve grievances;''; and
(3) by adding at the end the following:
``(c) Conflict of Interest.--An athlete who represents athletes
under subsection (b)(2) shall not be employed by the Center, or serve
in a capacity that exercises decision-making authority on behalf of the
Center, during the 2-year period beginning on the date on which the
athlete ceases such representation.
``(d) Certification Requirements.--The bylaws of the corporation
shall include a description of all generally applicable certification
requirements for membership in the corporation.''.
(c) Duties.--
(1) In general.--Section 220505 of title 36, United States
Code, is amended--
(A) in the section heading, by striking ``Powers''
and inserting ``Powers and duties''; and
(B) by adding at the end the following:
``(d) Duties.--
``(1) In general.--The duty of the corporation to amateur
athletes includes the adoption, effective implementation, and
enforcement of policies and procedures designed--
``(A) to immediately report to law enforcement and
the Center any allegation of child abuse of an amateur
athlete who is a minor;
``(B) to ensure that each national governing body
has in place policies and procedures to report
immediately any allegation of child abuse of an amateur
athlete, consistent with--
``(i) the policies and procedures developed
under subparagraph (C) of section 220541(a)(1);
and
``(ii) the requirement described in
paragraph (2)(A) of section 220542(a); and
``(C) to ensure that each national governing body
and the corporation enforces temporary measures and
sanctions issued pursuant to the authority of the
Center.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to preempt or otherwise abrogate the duty of
care of the corporation under State law or the common law.''.
(2) Conforming amendment.--The table of sections for
chapter 2205 of title 36, United States Code, is amended by
striking the item relating to section 220505 and inserting the
following:
``220505. Powers and duties.''.
(d) Restrictions.--
(1) Policy with respect to assisting members or former
members in obtaining jobs.--Section 220507 of title 36, United
States Code, is amended by adding at the end the following:
``(c) Policy With Respect to Assisting Members or Former Members in
Obtaining Jobs.--The corporation shall develop 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 than provides procedural due
process to the individual, including, at a minimum--
``(i) the provision of written notice of
the allegations against the individual;
``(ii) a right to be represented by counsel
or other advisor;
``(iii) an opportunity to be heard during
the investigation;
``(iv) in a case in which a violation is
found, a reasoned written decision by the
Center; and
``(v) the ability to challenge, in a
hearing or through arbitration, interim
measures or sanctions imposed by the Center.
``(2) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) to preclude the Center from imposing interim
measures or sanctions on an individual before an
opportunity for a hearing or arbitration;
``(B) to require the Center to meet a burden of
proof higher than the preponderance of the evidence;
``(C) to give rise to a claim under State law or to
create a private right of action; or
``(D) to render the Center a state actor.'';
(C) in subsection (b), by striking ``subsection
(a)(3)'' and inserting ``subsection (a)(1)(C)'';
(D) in subsection (d), as amended by section
7(a)(2)--
(i) in paragraph (3), by inserting after
subparagraph (B) the following:
``(C) the corporation;'';
(ii) by redesignating paragraph (3) as
paragraph (4); and
(iii) by inserting after paragraph (2) the
following:
``(3) Removal to federal court.--
``(A) In general.--Any civil action brought in a
State court against the Center relating to the
responsibilities of the Center under this section,
section 220542, or section 220543, shall be removed, on
request by the Center, to the district court of the
United States in the district in which the action was
brought, and such district court shall have original
jurisdiction over the action without regard to the
amount in controversy or the citizenship of the parties
involved.
``(B) Rule of construction.--Nothing in this
chapter shall be construed to create a private right of
action.''; and
(E) by adding at the end the following:
``(e) Training Materials.--The office for education and outreach
referred to in subsection (a)(1)(C) shall--
``(1) develop training materials for specific audiences,
including coaches, trainers, doctors, young children,
adolescents, adults, and individuals with disabilities; and
``(2) not less frequently than every 3 years, update such
training materials.
``(f) Independence.--
``(1) Prohibition with respect to former employees and
board members.--A former employee or board member of the
corporation or a national governing body shall not work or
volunteer at the Center during the 2-year period beginning on
the date on which the former employee or board member ceases
employment with the corporation or national governing body.
``(2) Athletes serving on board of directors of national
governing body.--
``(A) In general.--An athlete serving on the board
of directors of a national governing body who is not
otherwise employed by the national governing body, may
volunteer at, or serve in an advisory capacity to, the
Center.
``(B) Ineligibility for employment.--An athlete who
has served on the board of directors of a national
governing body shall not be eligible for employment at
the Center during the 2-year period beginning on the
date on which the athlete ceases to serve on such board
of directors.
``(3) Conflicts of interest.--An executive or attorney for
the Center shall be considered to have an inappropriate
conflict of interest if the executive or attorney also
represents the corporation or a national governing body.
``(4) Investigations.--
``(A) In general.--The corporation and the national
governing bodies shall not interfere in, or attempt to
influence the outcome of, an investigation.
``(B) Report.--In the case of an attempt to
interfere in, or influence the outcome of, an
investigation, not later than 72 hours after such
attempt, the Center shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the attempt.
``(C) Work product.--
``(i) In general.--Any decision, report,
memorandum, work product, notes, or case file
of the Center--
``(I) shall be confidential; and
``(II) shall not be subject to
discovery, subpoena, or any other means
of legal compulsion in any civil action
in which the Center is not a party to
the action.
``(ii) Rule of construction.--Nothing in
this subparagraph shall be construed to
prohibit the Center from providing work product
described in clause (i) to a law enforcement
agency for the purpose of assisting in a
criminal investigation.
``(g) Funding.--
``(1) Mandatory payments.--
``(A) Fiscal year 2020.--Not later than 30 days
after the date of the enactment of this subsection, the
corporation shall make a mandatory payment of
$20,000,000 to the Center for operating costs of the
Center for fiscal year 2020.
``(B) Subsequent fiscal years.--Beginning on
January 1, 2020, the corporation shall make a mandatory
payment of $20,000,000 to the Center on January 1 each
year for operating costs of the Center.
``(2) Funds from national governing bodies.--The
corporation may use funds received from 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 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.
Passed the Senate August 4, 2020.
Attest:
Secretary.
116th CONGRESS
2d Session
S. 2330
_______________________________________________________________________
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.